Evening star., 1947-06-27
Jury Soon 10 Receive
Anti-Fascisf Case;
Summations Heard
BY Newbold Moves, Jr.


torneys today summed up their
cases as the contempt of Con
gress trial of Is leaders of the
Joint Anti Fascist Refugee Com
mittee headed for the jury.
1t seemed certain the mass case
would be in the hands of the jury
of eight women and four men this
afternoon.
The jurors will decide whether the
committee leaders were guilty of
contempt of Congress last year when
they failed to turn their organiZa-
tion's subpoenaed records, over to the
House Committee on Un-American
Activities.
Before retiring, the jurors will be
instructed by Justice Richmond B.
Keech that they must return YER
dict of aequittal on the first and
major count of the indictment in
the mass trial. This count charges
the defendants conspired to commit
the alleged contempt.
Justice Keech effectively cut the
heart out of the Governments
charges In the mass trial yesterday
afternoon when he granted Chief
Defense Counsel o. John Rogge's
motion for a directed verdict on the
first count of the indictment.
Prevents Felony Conviction.
Conviction on that count, felony
charge, would have rendered DR..
Edward K. Barsky and his asso-
ciates on the Anti Fascist Com
mittee's executive board liable, in
dividually, to $4,000 fines and two
years Imprisonment.
The second count of the indict-
ment charges a nnisdemeanor. Any
defendant for whom the jury re-
turns a guilty verdict on that count
faces a possible maximum sentence
of $1,000 fine and a jail term of
four months to year.
In his summation speech, Mr.
Rogge concentrated on the argu-
ment that the defendants failed to
produce the records of their organ
ization for the House committee
only because they did not have Gus
tody Of those records.
Repeatedly he was interrupted by
Assistant United States Attorney
Charles 3. Murray as he sought to
stray into broader fields of argu-
ment. Justice Keech upheld the
Governments contention that such
issues as the purposes of the Anti
Fascist committee and the life his
tory of the defendants were not rel
evant to the case.
Declare Secretary Sole Custodian.
Mr.. Rogge said the sole custodian
OF the groups books was Miss Helen
r. Bryan. executive secretary of the
organization. She is under separate
indictment for refusing to produce
the records for the House commit
tee.
Mr.. Rogge said he did not think
the law required that the Anti
Fascist Executive Board should
have voted to take custody of the
books away from Miss Bryan.
What do we expect of them?"
Mr.. Rogge asked. They didn't
have custody. The laws still don't
require that we get blood out of a
turnip"
Mr., Rogge contended there was no
way of knowing whether Miss Bryan
would have surrendered the records
even If ordered to have done so by
the Executive Board. a
Murray Accuses Committee.
Mr.. Murray in a short and terse
address before Mr. Rogge took the
floor, said the defendants had not
only failed to take positive action
to produce the books, but also took
positive action to prevent them from
being produced.
He reviewed the record of House
committee hearings last year in
which Miss Bryan. DR.. Barsky, and
the entire executive board of the
Anti-Fascist Committee consecu-
lively refused to turn over the books.
The prosecutor said the issues in
the case are narrow.
You won't have to worry your
heads about this committees activ-
tiles" he said You just have to
determine whether they had power
to produce the records or to direct
others to do So"
The trial, believed to be the first
in which the Government has sought
a conviction for conspiracy to COM
NIT contempt of Congress, has been
In progress before Justice Keech
since June 13.
Il Denies Contempt Acquittal.
While granting the acquittal mo-
tion on the first count yesterday,
Justice Keech denied a similar mo-
ton on the second count. He then
recessed the court until 10 am. to-
day, giving opposing counsel time
to revamp their final arguments to
the jury.
The antiFaSciSt committee says
1t Is a relief organization devoted
chiefly to aiding Spanish republican
refugees. The FBI and the House
Un-American Committee say it is a
Communist front"
DR.. Barsky, a New York surgeon
who did medical work for the anti
Franco forces in the Spanish Civil
War, is chairman of the committee.
Other defendants in the mass
trial are Howard Fast. author; Her.
man Shumlin. theatrical producer;
Leverett Gleason, publisher; Dr.
Louis Miller, DR.. Jacob Auslander
and DR.. Jesse Tolmach, physicians;
DR., Lyman r. Bradley, language
professor; James Lustig and Char
lotte Stern. labor union officials;
Manuel Magma, businessman; Ruth
Leider and Harry NJ. Justiz, lawyers,
and Louise Kamsly, Marjorie Cho-
dorov and Mrs. Bobbie Weinstein.