Evening star., 1947-08-09
Government Prepare!
To Rebut Testimony
By EisIer Witnesses
By NewboId Moves, Jr.

Government attorneys are spend
ing the week end preparing rebuttal
evidence they intend to introduce
in the District Court passport fraud
trial of Gerhard Eisler next week.
The defense in the trial of the
alleged Kremlin agent rested late
yesterday. Justice James w. Nor
ris and jury of five women and
seven men have been hearing the
case since July IA.
Eisler has been denounced as the
backstage impressario of American
communism. 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 Com
munist Affiliations, had used aliases
and had been in the United States
in 1885 and 1886.
FBT<Testimony Included.
Assistant United States Attorney
William Hitz declined to reveal de-
tails of the rebuttal material which
the Government hopes to produce.
He said only it would include the
testimony of at least one agent of
the FBL. which has been accused
by the defense of trying to frame"
Eisler.
The FBI would be represented by
Special Agent Robert ,Lamphere or
Special Agent Francis x. Plant or
both, Mr.. Hitz said Mr.. Plant has
already appeared as a Government
witness in the case Mr.. Lamphere
has served throughout the trial as
Mr. Hits special adviser.
Both men worked on the Eisler
case in days before the defendant
was prevented from leaving the
country in october. 1945. on the
eve of his scheduled departure.
Brother Testifies.
One of the final defense wit
nesses yesterday was Hams Eisler,
Gerhart's brother. A prominent
Hollywood composer, he gave the
lie to his sister, Ruth Fischer, who
appeared as a Government witness
and testified Gerhart told her in
1888 he was going to the United
States as a representative of the
Communist International to teach
the stupid Americans" how to run
a Communist party.
Hams said he was careful to
see to it, when Gerhart passed
through Paris in June, 1888, that
the estranged brother and sister
Gid not meet.
The witness, who is scheduled to
appear before the House Commit
tee on American Activities in
the fall, said he last saw his brother
and sister together at their fathers
funeral in Germany in 1927, at
which time the two were such po-
litical enemies they did not speak
to each other.
Wrote "Comintern Song"
The composer of many Hollywood
motion picture scores said he is a
member of mo party in the world,
but admitted he had written song
which was at one time called Arise"
and later THE Conintern Song"
Some people prefer songs like
open the Door, Richard" Mr.. Esler
said.
Mr.. Hitz wanted to know whether
the witness had read an article In
the Daily Worker referring to his
music as "Marxist magic"
Mr.. Eisler said he had not. He
added he Is now under contract to
do music for French film, Alice
in wonderland"
II assure you, Mr. Hitz. that Is
not Marxist magic" he said.
Other Witnesses.
Other witnesses yesterday in
GUIDED:
Walter B. Garland, national adiu-
tant of the United Negro and Allied
Veterans Of America, who told of
working with Eisler in the Spanish
civil war.
Miss Elizabeth Gurley Flynn, a
member of the National Committee
of the American Communist Party
who testified there Is no such thing
as the "affiliation" with that party
which the Government claims Eisler
had.
Benjamin j. Davis, colored Com
munist councilman of New York
and president of the company which
publishes the Daily Worker, who
denied Eisler bossed the editors of
that Communist paper in the 1930s,
nc tho Government contan6s