Evening star., 1947-08-01
EisIer Counsel Argue
All Facts Were Known
To State Department
BY Nswbold koyes, Jr.

Gerhart Eislers lawyers today un.
dertook to show that when the
State Department granted the
alleged Communist agent an alien
exit permit in 1945, 1t knew all the
things about him which he is
accused of concealing in applying
for the exit permit.
The defense in the District Court
passport fraud trial thus hoped to
prove that Eisler could not have
hoped to obtain a permit by the
expedient Of concealing, as the Gov
ernment contends, his Communist
afnliations, aliases and the fact that
he had been in the United States
before. .
He had no such intent, according
to Attorney David Rein, because he
knew he would have been granted
the permit no matter how he an
swered the questions he is accused
Of answering falsely.
-, Visa Officer Testifies.
.Eisler's attorneys sought to intro
duce this complex angle into the
case, through the testimony of Ira
P. Meyer of the State Department 4
visa, division.
Mr.. Meyer originally appeared as
4 Government witness last month
when he produced Eislcr's exit per-
NIT application. In addition to his
testimony on what the Department
knew about Eisler when it granted
him the exit permit, the defense
subpoenaed him to produce certain
other department records relating
to the case.
Although finally granted the ext,
permit, Eisler was prevented from
leaving the country at the last min
ute last autumn, after he had beer
denounced by Louis Budenz, former
managing editor of the Daily Work
er. who renounced communism and
returned to the Catholic Church.
Opposing lawyers spent the morn
ing arguing about the admissibility
of Mr.. Meyers proposed testimony
Early this afternoon, in the absence
of the jury. the Government official
began q trial run of his testimony
for Justice James W. Morris. who
will decide what portions of 1t are
suitable for the jurors ears.
Calls Him a Soldier.
The defense yesterday was key
noted ATTORNEY Abraham J. Isser-
mans statement. in an opening ad-
dress to the jury. that Eisler was
simply soldier in the underground
war against Hitler.
This case gets down to one issue
whether this staunch fighter for
human freedom should be allowed to
60 home Mr.. Isserman said.
Eislers anti-Hitler fight, accord
ing to the defense counsel, meant
saving American lives" 1t also
meant serving in this country during
the war as an air raid warden and
giving blood to the Red Cross, he
added.
Eisler had no reason to tell the
Government of most of the aliases
he is alleged to have used. Mr.. Isser-
man indicated. But in the case of
the names Edwards" and Julius
Eisman," he added, the defense will
try to show Eisler thought he had
to conceal them in order to protect
mis- co-workers In the anti-Fascist
underground.
Hp ri. cS <hs Game.
"Ihe people who help you In the
must be protected no
matter what the cost. That's the
rule of the game" Mr.. Isserman
said, adding Eisler took Calculated
risk" in applying for the exit permit.
There was, said Mr.. Isserman, no
Cheap intention of cheating the
Government"
Having scathingly attacked the
credibility of all Government wit
nesses, Mr.. Isserman proceeded late
yesterday to produce a witness of his
own through whom he sought to
the testimony Of Ruth
Fischer, Eisler's estranged sister and
a star witness for the Government
Mrs. Fischer testified July 1s that
in Paris. in 1888, Eisler told her he
was on his way to the United States
as an agent of the Communist In
First Defense Witness.
DR.. Felix Boenheim Of New York
first defense witness yesterday,
said Mrs. Fischer told him in Paris.
in 1885, that she had not seen
Gerhart Eisler for many, many
years-not since they became po-
litical enemies" In the 1920s.
. DR.. Boenheim, who testified he
knew both Eisler. and. Mrs. Fischer
In Berlin IN pre- Hitler days, said he
again became acquainted with the
in New York during the
recent war, when both he and Els
Ter wrote for the German-language
German American.