Evening star., 1947-06-10
EiisIer
Continued From First Page.)

ed an opportunity to state his OBJ
jections to testifying," Justice Holt
zoff declared in his charge to the
jury.
But the law is," he continued,
that witness does not have the
legal right to dictate the conditions
on which he will or will not testify"
I Justice Holtzoff said that even if
Eisler had been advised to state his
objections to the House committee
before being sworn in, this fact con-
'stituted no defense.
This is a simple case Justice
Holtzof told the jury, advising them
to use the same common sense with
which they. would approach other
important decisions in their per-
sonal lives.
Defense Denies Willful Default.
In a summation of the case, As
sistant United States Attorney Will
liam Hitz said the Government had
proved that Eisler refused-"delib-
erately, Intentionally, arrogantly
and defiantly"-to take the oath at
the committee hearing.
He said the jury must decide
whether Eisler had refused to be
sworn, and whether the refusal was
''willful"
ssss Abraham j. gIsserman, chief de-
tense attorney, denied in hisgca06-1
ing speech that Eisler had wifHhfIy
defaulted before the committee. m
stead, the lawyer said, Eisler had
been "willfully deprived of his
rights"
Thomas, Testimony Cited. So.
Mi. Isserman reminded the jury
| that Chairman Thomas OF the.
House committee had testified that
| II Eisler had legal objections to
answering the committees ques-
tions, he should have stated them.
This, the defense attorney said, was
what Eisler wanted to do and was
prevented from doing.
IF that had happened to you or
me or anybody else. we would have
boiled with indignation, Mr.. Isser-
man said.
At the end of Is minutes of rapid
fire cross examination during the
morning, Mr.. Hitz put two key ques-
tions to the defendant.
LAS a matter of fact, Mr., Eisler.
you had = = = contemptuous feeling
for the committee, did you not?" he
asked.
Admits Contemptuous Feeling.
Il felt very much a contemptuous
feeling-absolutely," Eisler replied in
a heavy German accent.
And did you take the oath?" Mr..
Hitz asked.
Instructed by Justice Holtzoff to
answer yes or no. Eisler answered
in the negative.
Mr.. Isserman asked Eisler whether
his "contemptuous feeling" had any
"contemptuous feeling" had any
thing to do with the question cf
his taking an oath and testifying
before the committee.
mo. sir" Eisler said, that is my
private feeling, which is every mans
right"
Mr.. Isserman asked what this
feeling was based or. but Justice
Holtzoff prevented Eisler from an
swering.
The chunky defendant reacted in
dignantly to Mr.. Hitz's questions,
and his voice doomed out through
the packed courtroom. Several
times he spoke so rapidly that the
court reporter could not catch what
he said.
Mr.. Hitz repeatedly tried to lead
Eisler into saving he had wanted
to set himself up as the sole Judge
of the pertinence of questions the
House committee sought to ask him.
You mean you would have made
yourself the judge?" Justice Holtzoff
asked Eisler at one point.
Lawyer Is Last Witness.
BY no means, Mr.. Judge Eisler
retorted, adding that If the COM
mittee had convinced him of the
pertinence of its questions he would
have answered them.
Mrs. Carol King, one of Eisler's
attorneys, was the last witness to
take the stand for the defense, but
Justice Holtzoff would not let her
testify as to what advice she gave
Eisler regarding his appearance
before the House committee.
The Government had sought to