Evening star., 1947-06-12
Final Decision
Bars HoItzoff in
Trial Of Barsky
Jurist Withdruws
From Second EisIer
Fraud Hearing
By NewboId Moves, Jr.

The United States Court of
Appeals today refused to recon-
slider its decision disqualifying
District Court Justice Alexander
Holtzof from presiding over the
contempt-o Congress trial of
the Joint Anti-Fascist Refugee
Committee.
At the same time, Justice Holtzof
he was withdrawing him.
self Professionally from the second
trial of Gerhart Eisler, reputed boss
of American Communists. scheduled
to appear before him next week on
charges of passport fraud.
Defendants in both cases had
charged the jurist with being per-
sonaIy prejudiced against them.
Deliberated in Secret.
Less than two hours after the Gov
ernment petitioned the appeals court
for a rehearing at which Justice
Holtzoff could deny bias against DR..
x. Barsky and 16 other de-
PENDANTS in the case of the Anti
Fascist Committee, the petition was
denied by the appellate judges.
They had reached their decision
that Justice Holtzof, who
had refused to disqualify himself,
should proceed no further" with
the case. Today's decision, making
this verdict final so far as the Court
of Appeals is concerned, was reached
behind closed doors.
With regard to the case of Eisler,
who was convicted Tuesday in JUS
tice Holtzoff's s court on contempt of
Congress charges, the District Court
jurist delivered himself of scorch-
ing, three-page memorandum. He
showed plainly his resentment of
charges he is biased because he
served during the war with the JUS
tice Department as legal adviser
to the FBI.
Assails Eisler's Counsel.
Slapping angrily at Eisler's coun-
sci, Abraham J. Isserman of New
York, Justice Holtzoff said he was
deciding to step out at the request
of the defense because II do not
feel that the ineptitude and dis
courtesy of counsel should work to
the disadvantage of the defendant"
Justice Holtzof said Eisler's aff1-
davit of prejudice against him was
based on false facts, and had been
filed ITO obtain delay of the trial
beyond the summer recess"
But he added:
In the case OF eny defendant
against whom there are two pend
ing indictments, and who has been
convicted before me on one of them,
| should as q matter of fairness
consider favorably any informal re-
quest courteously made by counsel
that the second case be tried before
another judge. I would be inclined
to grant such a request. - ="
Justice Holtzof said: "No such
request has been made by trial
counsel in this case in the courteous
generally practiced by
members of this bar"
Eisler's attorneys, he observed,
were from out of town."
Defendants Arraigned.
Justice Holtzoff ended by asking
Chief Justice Bolitha j. Laws to
assign another District Court Judge
to the case ''if one is available and if
this can he done withoI1t detrirnept
to the balance of the criminal
docket"
Meanwhile, defendants in the
Barsky case were arraigned at II
am. before Justice Laws, who order
ed them to reappear before him at
10 am. tomorrow, at which time
Judge is expected to be assigned to
hear the case.
Defense Counsel O. John Rogge
sought a stay until Monday, but
the request was denied.
The prosecution's unsuccessful at
tempt to have yesterdays ruling re-
versed was a hurried affair.
In the shadow of the 10 am.
deadline, United States Attorney
George Morris Fay raced around
The block from his office to the
Court of Appeals to file the Gov
ernment's petition.
The decision to file it was reached
after Justice Holtzoff, Mr.. Fay,
tSee ANTI-FASCIST, Page A-4D