Evening star., 1947-06-11
e ...THE EVENING STAR washington, D. G.
IL.
Contempt Trial Of Is
Halted for Ruling on
Disqualification Plea

bsulSVN W. sNslHS O
Disqualification Plea
The contempt OF Congress
trial OF 16 directors of the Joint
Anti-Fascist Refugee Committee
was at a standstill in District
Court today until the United
States Court of Appeals decides
whether Justice Alexander Holt
zoff must disqualify himself.
Arguments were to be heard in
the higher court at 4 o'clock this
afternoon.
Justice Holtzon, meanwhile,
awaited filing OF a motion for new
trial for Gerhart Eisler, alleged
leader Of American Communists,
convicted yesterday in District Court
of contempt OF Congress. Eisler's
bail was continued at $4,000 pend
Ing final disposition of this case.
Eisler is to be sentenced June n
by Justice Holtzof and faces max
iraum penalty Of 81 900 fine and one
years imprisonment.
Counsel for Eisler late yesterday
filed papers in District Court ask
ing postponement of his trial sched-
uled for next Wednesday on charges
of swearing to false statements when
he sought an alien departure permit
from the State Department in 1945.
Postponement was asked on several
grounds, one Of which was to permit
questioning Of witnesses In Ger
many and Italy by deposition.
Asks to Be Heard Friday.
Counsel also fled an affidavit Of
prejudice In that case against Jus
tice Holtzoff, seeking to disqualify
him from presiding In the event of
trial.
The request for postponement, the
affidavit Of prejudice and a mo-
ton to dismiss the Indictment
charging Eisler with making false
statements are scheduled to be
heard by Justice Holtzof on Friday.
The Civil Rights Congress, which
supplied Eisler's legal counsel in the
trial this week, said Justice Holtzoh
has been asked to disqualify himself
because of bias.
The trial of DR.. Edward K. Barsky
and Is other members of the Board
of Directors of the Anti-Fascist
COMMITTEES started Immediately aft
er the Eisler trial yesterday after
noon.
Defense attorneys, however, filed
q writ of mandamus asking the
Court Of Appeals to order Justice
Holtzoff to disqualify himself be-
cause of bias. The Court of Appeals
immediately directed Justice Holtz-
off to proceed no further in the
trial pending further order Of
this court"
Prejudice Affidavit Rejected.
Earlier in the day Justice Holtzof
rejected an affidavit of prejudice
filed against him in his court by
the Barsky lawyers. He held that
the affidavit was not backed up by
sufficient facts and was filed too
late
Chief Defense Counsel o. John
Rogge then asked a. postponement,
which was denied. He next asked the
Court of Appeals to halt the trial
and overrule Justice Holtzoff's de-
cision, instructing him to disqualify
himself.
A jury had not yet been impaneled
when the trial recessed yesterday.
The Joint Anti-Fascist Refugee
Committee describes itself as a re-
lief organization primarily concerned
with work among republican refu-
gees from Franco Spain.
Both Mr. Rogge and Assistant
United States Attorney Charles B.
Murray, Government prosecutor,
showed a keen interest in selection
of the jury yesterday.
Justice Questions Veniremen.
At their request, Justice Holtzof
asked veniremen whether they were
acquainted with, or prejudiced for or
against, long list of persons in
cluding not only Generalissimo
Franco but also Martin Dies, J. Ed
gar Hoover, Harold Ickes, Henry A.
Wallace and the late President
Roosevelt. None was.
Nevertheless, by days end, the
Government had used three of its
six peremptory challenges on pro-
spective jurors; the defense seven
of its ten. One venireman had been
excused for cause
Although II defendants are named
In the indictment, only 16 were in
court yesterday. One defendant,
Mrs. Ernestina G.. Fleischman, has
been in France since several months
before the indictment was returned.
Other Defendants Listed.
DR.. Barsky, a New York surgeon,
Is chairman of the groups board
of directors. Other defendants
present were:
Howard Fast, author of Citizen
Tom Paine" and other books; Lev
srett Gleason, publisher, the COM
iniJtee's treasurer; Herman Shum-
lin, theatrical producer; Louise
Kamsly, co-chairman of the
HOll1C1lo . ulN1Sloil O1 tllc COllllkllttCC,
DR.. Louis Miller and DR.. Jacob
Auslander, physicians; DR.. Lyman
r. Bradley, professor of romance
languages, New York University.
Also James Lustig, officer of an
electrical workers union in Newark,
N. j.; DR.. Jesse Tolmach, derma-
tologist, On the Columbia Univer-
sity teaching staff; Charlotte Stern,
education; director of New York
hotel and restaurant employees
union: Manuel Magma, q republican
veteran Of the Spanish Civil War,
subsequently naturalized as an
American citizen; Ruth Leider and
Harry M. Justiz, lawyers, and Mar
jorie Choeorov and Mrs. Bobbie
Weinstein, housewives.
All are of New York City.
It took the Jury of seven women
and five men not more than 20 min
utes to Ndecide Eisler was guilty
yesterday.
Eisler took the news calmly. He
seemed only vaguely interested as,
at the request Of his principal at
torney. Abraham J. Isserman, each
member of the panel was polled.
The trial had taken or1v follr davs