Evening star., 1947-07-31
Judge Denies Motion
To Acquit EisIer in
Passport Fraud Trial
By NewboId Moves, Jr.

District Court Justice James w.
Morris refused this afternoon to
direct a verdict of acquittal in the
passport fraud trial of Gerhart
Eisler. Eisler's attorneys immedi-
ately began arguments for mis-
trial.
Allegedly the Krenlin's principal
agent in this country, Eisler, Is be-
ing tried on the charge that when
he applied for an alien exit permit
to his native Germany in 1945, he
fraudulently neglected to tell the
Government that he was member
of the German Communist Party
and had been afhliated with the
American and other Communist
parties. That he had used various
aliases and that he had beep in the
United States before, during the
period of 1885 to 1945.
David Rein of Washington, one of
Eisler's attorneys, opened argument
for the motion with the statement
that the Government "has failed to
prove there is any such organiza-
ton as the Communist Party"
Answers Aliases Charge.
There was no evidence, Mr.. Rein
said, that Eisler was member of
the German Communist Party in
1945., The evidence indicated Eisler
had not been in Germany since 1888,
the attorney pointed out.
/ Mr.. .Rein admitted there was
"some indication" Eisler was aff1li-
ated with the American Communist
Party when he was in the United
States between 1883 and 1886. He
argued, however, that there is no
claim Eisler INDUCED In Commu-
mist activity after returning to the
United States in 1941, and that what
happened in recent years was more
important than the earlier occur
rences.
Asserting that Eisler had never
been known by any of the names
which the Government says he
should have supplied in his exit per-
init application, Mr.. Rein concen-
trated on the name "Gerhart," which
Eisler is said to have used in Russia
and Germany.
Says EisIer Wasn't Resident"
The attorney asserted any man
has 8 right to use his own first
name.
Napoleon Bonaparte used the
name Napoleon" he said.
Surely" Justice Morris observed,
that hardly characterizes the set
ting of this particular case.
Mr.. Rein pointed out that Eisler
was asked in what countries he had
resided" rather than in what corn-
tries he had been" since 1885. He
said Eisler's previous visit to the
United States during the specified
1O-year period had been from Oc-
tober, 1885, to April, 1886. This, he
said, did not constitute residence"
Two of the defense attorneys in
the case have come down to Wash
ington from New York, Mr.. Rein OBJ
served. He said they are not resi-
dent here, although they possibly
have stayed a good deal longer than
they had intended"
Hitz Speaks Against Motion.
"You mean longer than I had in
tended" said Justice Morris, who
has been presiding at the trial since
June IA.
Assistant United States Attorney
William Hitz, speaking briefly
against the motion for a directed
verdict. said the defense argument
was "shockingly lacking in sub
stance" Justice Morris denied the
motion without comment.
Justice Morris yesterday denied a
motion for dismissal Of the indtct-
ment against Easier.
Mr.. Hitz announced formal rest
ing of the Governments case
against Eisler at pm. yesterday.
Justice Morris proceeded imme-
diately to consider motions with
which Eisler's attorneys opened
their defense.
Argument on Motion.
After ruling certain of the por-
tions of the Government's evidence
to which the defense objected should
be stricken from the trial record,
Justice Morris heard argument on
the motion to dismiss the indict-
ment.
Mr.. Rein argued for Esler that
the indictment was Ambiguous.
Formal closing Of the Govern
ment's case late yesterday con-
cluded an "after you, Alphonse'
situation Of more than an hours
duration In which the prosecutor
sought to rest professionally" while
defense attorneys refused to begin
presenting their case until the Gov
ernment had rested definitely.
Civ Ruve Wnvne Inn