Evening star., 1947-08-16
EisIer Free on Bail
Following Conviction;
|WiII Seek New Trial
By Nswbold Noyes. Jr.

MS conVlctlon on charges that. he
perpetrated a fraud on the Gov
ernment when he applied for an
alien exit permit to his native
Germany in 1945.
It took "a District Court Jury of
seven men and five women about
three hours yesterday to decide
Esler was guilty. That included a
half hours lunchtime.
The jury's colored foreman,
Charles P. Gibson, So, of 5351 Hayes
street NE, delivered the verdict in.
a hushed courtroom at 4:06 pm.
The 50-year-old defendant, small,
round, Misunderstanding man, took
the news impassively, his eyebrows
arching in polite inquiry. =
Trial Lasts Month.
j The trial had taken exactly one
month and one day. In that time,
prosecution and defense had wan
dered far from the narrow confines
of the indictment. which alleged that
In his exit permit application Eisler
failed to state he had Communist
afiliations. had used aliases and had
been In the United States before
194l.
Basically, the issue was whether
Eisler was in this country in the
1930s as an agent OF the Communist
International. which the Govern
ment claimed, or simply as stanch
fighter in the anti-Fascist UNDER
ground, as the defense claimed.
When the verdict had been an
nounced and the jury poled, Eisler's
counsel asked for and was accorded
80 days extra time in which to make
motion for new trial and for an
arrest Of judgment by Justice James
w. Morris.
This means sentencing probably
will be postponed until after October
!. -
Eisler faces Ia possible maximum
penalty OF five years imprisonment
and 5000 fine. He Is already
under sentence of one year in Jail
and $1,000 fine as q result of his re-
cent conviction on a charge of con-
tempt of the House Committee on
Un-American Activities.
Since that conviction, Eisler has
been at liberty under $4,000 bail.
Yesterday, Assistant United States
Attorney William Hitz asked that
Eisler be committed Immediately to
jail. When Justice Morris denied
that request, the prosecutor sought
to have the bond raised to 0,000,
but the jurist decided $4,000 was
enough.
Yesterdays decision will not be
appealed to a higher court until
after sentencing this fall. A repre-
sentative Of the Civil Rights Con-
gress, which provided Eisler with his
legal counsel, was on hand yes
terday with the announcement that
such an appeal will be made.
Statement Issued.
A prepared statement, distributed
to reporters, quoted Joseph cadden,
the organizations executive director,
as saying:
I'VE are convinced the verdict
will not stand up in the appeals
court because, despite efforts Of the
trial court to be fair. the Govern
ment prosecution made it impossible
for the jury to come to a decision on
the merits of the case presented in
the indictment"
The three lawyers hired by the
Civil Rights Congress to defend
Eisler were Abraham ]. Isserman
and Mrs. Carol King Of New York,
and David Rein of Washington.
The defendant was jaunty yes
terday during the nerve tracking
period while the jury deliberated his
fate.
Eisler button -holed Robert Lam
phere, the FBI agent who has as
sisted Mr.. Hitz throughout the trial,
and engaged him In a spirited argu-
ment about the case. Eisler insisted
there was no chance the jury would
find him innocent, assuming he were.
From Different World"
1T is not because they have any
thing against me-" he said. 1T is
only that ! am from such different
world" =
In his inaccurate but voluble Eng
lish, Eisler wanted to know why "a
harmless man should give 30 much
expenses to the police"
The defendant during the tria,
admitted having withheld informa.
ton from the Government. He
said, however. that he did it te
protect people with whom he worked
in the anti-NaM underground.
In his instructions to the Jurors
seven of whom are .colored, Justice
Morris indicated this question OF
intention was the root of the prob
lem the panel must solve.
IF you believe the defendants IS
testimony that his only reason for
making the alleged false statements
was to protect other persons from
puIllo1ililCuG VI ChPOcu2 -dAlu lila Y
these statements were not made in
order to secure the departure per-
mit-then you cannot find
him guilty." Justice Morris said.
Eisler Attentive.
Eisler listened attentively to the
jurist's carefully balanced charge.
He had stated publicly before the
trial began that he had mot the
slightest hope" of getting a fair
hearing.
Yesterday, Eisler admitted to a re-
porter that Justice Morris instruc-
tions had been entirely fair"
But" he added, "even such a de-
cent Judge cannot cure this trial Of
It's basic unfairness."
AAF Reorganizes Bases
To Rnne4 + fnmhaf DInrh.