Evening star., 1947-07-26
EisIer Prosecutors
Seek Facts 10 Back
Up Key Witness
By NewboId Moves, Jr.

With the passport 1raud Trial OF
Gerhart Eisler recessed for the week
end, Government attorneys today
pressed a ticklish inquiry as to
whether two Canadian Communist
leaders actually were in Buffalo with
Eisler and Earl Browder sometime
in the summer of 1888, as a key
Government witness has contended
or whether they were then in Jail in
Canada, as the defense charged yes
terday.
y Manning Johnson, colored, a for
mer Communist organizer for the
Buffalo IN. " district, had testified
July 18 that he arranged the secret
meeting of the four alleged Com
munist leaders. He said Eisler was
introduced to him as Brown" and
that the two Canadians were Tim
,Ruck and "a man named Carr,
.later identified as Sam Carr.
; Chief Defense Counsel Abraham
j. Isserman took the Government
by surprise yesterday by announcing
Eisler has information that both
Tim Buck and Sam Carr spent all OF
1888 in the Kingston (OntD Penl-
tentiary.
Call for Dispositions.
The defense asked Justice James
w, Morris to order that dispositions
to this effect be taken from Tim
Buck and from the peniteptlary
superintendent.
Eisler has been denounced as the
chief agent of international COM
munism in this country. He is
being tried on the charge that,
when he applied for an exit permit
to his native Germany in 1945, he
fraudulently neglected to tell the
Government he had Communist
Affiliations, had used aliases and had
been in the United States in the
1930s.
Mr.. Isserman read yesterday, In
the absence of the jury, telegram
from Tim Buck which said in part:
II never met Manning johnson
or any other organizer of the Com
munist Party of Buffalo at any time
when visiting that city. could
not have been in Buffalo in 1888
because at that time I was in Kings
ton Penitentiary and was only re-
leased November "a, 1884"
The message also stated that "the
testimony of Manning Johnson Is a
complete fabrication from begin
ming to end and is probably on a
par with testimony of others of that
ilk."
Motion Handed Court.
In a written motion handed the
court, the defense asserted that the
truth Or falsity of the johnson tes-
timony may be crucial in the con-
sideration by the jury Of the guilt OF
innocence of the defendant"
Mr.. Isserman told reporters the
defense information indicates Tim
Buck entered the penitentiary No
vember 10, 1881. and was released
November 20, 1884. Sam Carr, he
believed, was committed to Jail No
vember 20, 1881, and released July
7, 1884.
Asked by Justice Morris how the
Government felt about the defense
motion that the dispositions be or
dered Assistant United States At.
torney William Hitz said:
Suggests Agreement.
II would like to make little in.
vestigation of it before I make
known the Governments position.
Justice Morris suggested that il
Government and defense attorney!
could agree to stipulation as II
where the two Canadians were ir
1888, it might be necessary to gel
dispositions on that subject.
If dispositions are taken, a Gov,
ernmetnt and defense lawyer woulc
have to go to Canada to question
witnesses, and it might prove neces.
sary to hold up the trial.
Mr.. Isserman told reporters fiatly
the defense would be unwilling te
accept a simple stipulation by the
Government that the two Canadian!
were in Jail during 1888.
I'VE will be satisfied he said
with nothing short of Government
agreement that the whole of John.
sons testimony be stricken from
the record of the trial.
Tempers Flare.
With tension mounting in thu
courtroom, the tempers of opposing
lawyers flared briefly yesterday af.
ternoon as Mr.. Isserman attacked
Mr. Hits conduct OF the case ane
the young Government attorney
took angry exception to the criti.
cism.
The court had spent most of tn,
day arguing about the admissibilit,
of proposed testimony by Francis
x. Plant, New York agent of tn.
FRI, regarding conversation with
Eisler in July, 1916. Justice Morris
having heard the proposed testimon!
in the absence of the jury, had ruled
as to what portions of it should bt
repeated for the jury's benefit.
When the panel was recalled, Mr.
Hitz began by asking Mr. Plant tw,
questions which, Mr.. Issermar
thought. were not among those ap
proved by, the judge. The New Yorl
lawyer was on his feet Immediately
Charges Bad Faith.
II charge" he shouted, that thi
whole procedure is in bad faith ant
savors to me of something more.
Mrs. Carol King, one of Eisler'
attorneys, loudly remarked that tn
prosecutors action was frame
up"
You're a liar retorted Rober
Lamphere. FBI agent who had as
sisted Mr.. Hitz throughout the trial
and who sits with him at the counse
table.
AS Justice Morris sought to pla
cate the lawyers, Mr.. Hitz said h
resented Mr.. Issermans remark
professionally, officially and person
ally" He demanded that tn
charge of bad faith be withdrawn, O
that Justice Morris order the re
marks stricken from the trial recore
Mr.. Isserman would not retrac
and .Justice Morris did not order tn