Evening star., 1947-07-15
Jurors Stand on Reds
Emphasized, Delaying
Start Of Eis|er Trial
By NewboId Moves, Jr.

Attempts to select jury for the
passport fraud trial of Gerhart
Eisler, reputed chief Communist
agent in this country, continued to-
day in District Court with Govern
ment and defense attorneys display
ing concern about the attitude OF
prospective jurors toward Commu-
nism and Communists.
The court has been trying since
yesterday morning to select jury
from a regular panel of IS venire-
men. A special 50-man panel is
standing by in reserve in case it
should prove impossible to obtain a
jury from the regular venire.
Abraham J. Isserman, chief de-
fense counsel, subjected each pros
pective juror to rigorous questioning
as to whether finding Eisler not
guilty would "embarrass" the juror
in his business or social relations.
Suspicious of U. s. Employees.
The defense was particularly sus-
picious of Government employees,
and asked them repeatedly whether
they felt that they might become
suspect under the Presidents
loyalty order if they found that the
little German defendant was inno-
cent.
The Government and defense each
exercised two peremptory challenges,
while three veniremen were excused
for cause, in yesterdays daylong ex-
animation of prospective jurors.
Assistant United States Attorney
William Hitz has four peremptory
challenges left. Mr.. Isserman, chief
defense counsel, has eight.
On June 10, Eisler was convicted
of contempt of Congress. He was
sentenced to serve year in Jail and
pay a fine of $1,000.
5-Year Term Possible.
In the current trial, if the jury
should find him guilty of having
made false statements to the Gov
ernment in applying for an exit
permit to Mexico in 1945, Eisler
could get five years in Jail and $4,000
fine.
Attorneys for the bald Ger
man Communist were unsuccessful
yesterday in an attempt to persuade
Justice James w. Morris he should
disqualify any prospective juror who
heard Venireman H. M. Howard call
Eisler IAN enemy of my country and
my flag"
Since MFR. Howard, Chesapeake &
Ohio Railway passenger agent here,
made his remark in open court and
in loud voice, this would have
meant sending home two entire
panels of jurors standing by for pos
sible service in the case.
Held Not Pertinent to Case.
Mr.. Howard had been asked by
Mr.. Isserman whether the fact that
Eisler was a member of the German
Communist party would make it
harder to judge him fairly than If
he had been "a clerk in a haber-
dashery."
"If he's an avowed Communist
an enemy of my country and my
f1ag-I would not be for him very
much" said Mr.. Howard. Mr.. How
ard was excused.
In denying Mr.. Isserman's re-
quest to disqualify veniremen who
heard the remark, Justice Morris OBJ
served that the question of Eisler's
being or not being IAN enemy Of the
flag" had nothing to do with the
case. The jurist told the prospective
jurors their attitudes toward the de-
fendant should not be Influenced by
the attitude OF others.
Browder to Be Called.
Mr.. Hitz revealed yesterday prose-
cution witnesses would include Earl
Browder, former Communist Party
chairman in the United States; Jay
Lovestone, one time Communist
chieftain, now leader of an off
shoot of the party, and Louis Bu-
denz, once managing editor of the
Daily Worker, presently teaching at
Fordham University and writing
anti-communist literature.
Another witness, he said, will be
Mrs. Ruth Fischer, Esler's sister,
who has denounced the defendant as
a dangerous revolutionist.
Government and defense lawyers
addressed long lists of questions to
prospective jurors yesterday. Mr..
Hitz, at one point, asked yeniremen
whether they knew list of people
ranging from Maurice Thorez,
leader Of French Communists, to o.
John Rogge, defense counsel in the
recent contempt-of- Congress trial Of
lis leaders of the Joint Anti-Fasctst