Evening star., 1947-06-18
Keech Must Decide
If 1856 Statute Bars
sAnfi-Fascist Evidence
BY NewboId Moves, Jr.

-
= Justice Richmond B. Keech
snust decide today whether the
: things said last year by le mem
I bers of the Joint Anti-Fascist
Refugee Committee before
] hearing of the House Committee
on American Affairs can be
held against them In their Dis
. trict Court contempt-of Con-
greSs trial.
Defense Counsel o. John Rogge
presented the jurist with this poser
at the end of yesterdays session.
He cited law of 1856-Section
634 of Title .28 of the United States
Code-which he read as follows:
mo testimony given by witness
before either House or any COM
mittee of either house shall
be used as evidence in any Grim
inal proceeding against him in any
court
Sole Exception Is Perjury.
The sole exception set forth in
this statute is a case in which a
witness has been charged with per-
jury.
The Government charges that DR..
Edward K Barsky and his asso-
cistes on the Anti-Fascist Com
mittees Board of Directors con-
spired to withhold, and did with
hold, records of their organization
from the House committee.
Before deciding on the point. re-
garded as critical for numerous
contempt Of Congress cases on
court dockets here as well as for
several classes already decided In
favor of the Government, Justice
Keech today was hearing law argu-
ments by attorneys for both sides.
Assistant United States Attorney
Charles B. Murray apoligized to
the court for the time he was taking
after he had talked for 10 minutes.
Il think this is an important
point" Justice Keech said. Il am
not disposed to curtail you. nor will
! curtail Mr. Rogge."
May Argue Most Of Day.
Mr. Murray's principal contention
this morning was that the statute
cited by Mr.. Rogge provides pro-
lection only for persons who OBJ
jected to answering questions at
congressional hearing on the
grounds that an answer might In
criminate them.
The fact that Mr. Murray argued
without a break for an hour and
45 minutes was evidence OF the
seriousness with which the Gov
ernment viewed the .defenses sur
prise move.
Mr.. Rogge then began his rebut-
tai arguments which he was to
complete after the noon recess.
No sooner had Mr.. Murray sought
the courts permission yesterday
to introduce in evidence the Off
cial transcript of the House COM
mittee hearing attended by the de-
PENDANTS on April 4, le46, than Mr..
Rogge was on his feet objecting.
He said Section 634 was "a statu-
tory prohibition as plain as anything
have ever SEEM
Jury Excused in Discussions.
Mr.. Murray told reporters that if
Justice Keech were, to grant the
motion to exclude evidence as to
what transpired at the hearing, the
prosecution might as well go fish,
ing"
The jury was excused yesterday
during this discussion, and will not
return to the box today until the
question is resolved and Representa-
tive Wood, Democrat, Of Georgia,
former chairman of the House COM
mittee, resumes the witness stand.
The seven women and five men of
the jury also may be excused during
part of Mr.. Woods testimony. JUS
tice Keech ruled, IN a bench con-
ference yesterday, that the court, but
not the jury, would receive any in
formation Mr.. Wood might have as 4
to alleged subversive activities of
the Anti Fascist Committee which
led to its investigation by the House
committee.
May Complete Case Today.
The defense hopes this will clear
the way for presentation to the !
court, under the same terms. Of de- |
fense testimony defending the poll
tics of the Anti-Fascist Committee |
and attacking those of the House |
committee.
Justice Keech, thus far, has ruled |
that such evidence is irrelevant.
When the defense begins presen-
tation of it's case, former Vice Presi-
dent Wallace is scheduled to be its
first witness. He probably will take
the stand tomorrow.
Another defense witness, accord
Ing to Mr.. Rogge, will be Drew
Pearson. columniSt employed by
the Bell Syndicate. Inc.
In his testimony yesterday after
noon, Mr.. Wood identified his sig
nature on legal instruments, order
ing the defendants to appear before
the House committee and to bring
their books with them. He said
these had been served on the de-
PENDANTS by persons authorized by
him to'do so.
The papers were admitted into
evidence over strenuous defense OBJ
jections, Mr.. Rogge argued that,
with the exception of one subpoena
served on DR.. Barsky, they were not
proper subpoenas, since they were
addressed to the House sergeant at
arms. Justice Keech overruled him.
Mr.. Wood asserted the defend
ants appeared before the commit
tee, but refused to produce the
records