Evening star., 1947-07-30
U. 5. Expected 10 Rest
.EisIer Case Following
Decision on Evidence
By NewboId Noyes, Jr.


Assistant United States Attorney
William Hitz is expected to an
nounce today formal resting of the
Government case in the District
Court passport fraud trial of Ger
hart Eisler
Mr.. Hitz presented his last sched-
uled witness yesterday afternoon.
He postponed the announcement
that the prosecution has finished
presenting its testimony, however,
until the court had settled on pro-
cedure for getting evidence from
Canada, which might affect the
credibility of key Government wit
ness in the case.
5 Motions Discussed.
Also under discussion today, In
the absence of the jury, were five
motions with which Eisler's lawyers
opened their defense.
For the striking from the trial
record of some of the Governments
evidence in the case: for dismissing
some parts of the indictment; Tor
a directed verdict of acquittal by
Justice Morris for taking certain
depositions from defense witnesses
unable to attend the trial, and for
a mistrial.
Eisler has been denounced as the
leading agent of international COM
munism in this country.
IN Trial Since July H.
He has been on trial since July
IA. The Government charges that
when he applied for an alien exit
permit to his native Germany in
1945, he fraudulently neglected to
state he had Communist Affiliations
here, had used aliases and had been
in the United States during the
l93Os.
Manning johnson, colored, former
Communist organizer for the Buff
falo IN. " district, told the jury
on July 18 he arranged a secret
meeting In 1888 in Buffalo between
Eisler, Earl Browder, and two lead
ers of the Canadian Communist
party named Tim Buck and Sam
Carr.
The defense came forth last Fri
day with the surprise claim that
both Buck and Carr were IN the
Kingston (Ontario, Penitentiary
during the entire year 1888.
The Government yesterday offered
to stipulate that two Communist
leaders of those names were in fact
in Jail in Canada during that year.
This offer was rejected by Eisler's
lawyers, who demanded that the
Government also admit no meet
ing such as that described by Mr..
johnson took place.
Hitz Unwilling.
Mr.. Hitz was unwilling to do this.
THE Government" he told JUS
tice James w. Morris, cannot and
will not stipulate that Manning
johnson testified falsely
Declaring Mr.. johnson still main
tains the meeting took place and
that the Government believes him,
Mr.. Hitz expressed the opinion that,
whoever was in the Kingston jail,
two people were made known to
Mr.. johnson at this meeting at Tim
Buck and Carr"
When 1t. became apparent the
Government and defense lawyers
we're unable to agree on a stipu-
lation, Justice Morris suggested an
attempt be made to produce Tim
Buck as a defense witness and the
records of the Kingston Penitentiary
as evidence in the trial.
If this attempt fails, he indicated.
the court will proceed to order the
taking of depositions in Canada
as the defense has requested.
Witnesses Tell Of Aliases.
In two weeks, the Government
has presented a parade of witnesses
ranging from Eisler's sister, Ruth
/ Fischer, to Louis BudenZ, former
managing editor of the Daily Work.
er, who put the finger" on Eisler
last year after renouncing Com
munism and returning to the
Catholic Church.
The prosecution witnesses, most
Iof them former Communists, have
Testified that Eisler was in the United
States between 1888 and 1886, at
which time he was known at various
times, among other names, as Ed
wards" Brown" and Samuel
Liptzin.'
At the same time, Government
witnesses have depicted Eisler not
only as man who had Communist
Affiliations" here and elsewhere,
but as the chief representative OF
the Communist International in tbs
United States.