Evening star., 1947-07-16
EisIer Counsel
Presses Fight
For MistriaI
Government sOpening
Statement Attacked
As 'InfIummotory'
By NewboId Noyes, Jr.

Gerhart Eisler's lawyers today
fought to have his District Court
passport fraud case declared a mis-
trial, as Justice James w. Morris
sternly admonished Government
attorneys to remember that the re-
puted Kremlin agent is not in court
to answer for the sins of the Com
munist Party.
Abraham j. ISSerman, chief de-
fense counsel, sought to persuade
Justice Morris to halt the trial, be-
cause, he said, the Government S
opening statement had SO infamed
the jury as to make it impossible for
Z Eisler to get fair hearing.
In a Commute speech yesterday,
Assistant United States Attorney
William Hitz said Eisler came to
the United States ito disrupt the
economy of the United States and
further the ends of Moscow" while
showing the stupid Americans" how
to run a Communist Party.
Hitz to Finish Statement Today.
The Government lawyer was to
finish his statement today, but argu-
ment as to the relevancy of his
statements was interposed when the
court opened this morning. Legal
experts could not remember. an
other case in which a mistrial move
began before the prosecutor had
completed his opening statement to
the jury.
The panel of seven men and five
women was absent during discus
sion of the matter between the
judge and opposing counsel this
morning. Justice Morris told de-
fense attorneys he was inclined to
the preliminary opinion that If Mr.
Hitz had condemned Eisler a little
too sweepingly in his opening
speech, the matter could be cor
rected by impressing the jury that
the lawyers statement was not evi-
dence in the case.
At the same time, the jurist said
he was frankly surprised at the
tenor Of Mr.. Hitz's remarks.
Party Not on Trial.
"This court is not the proper tri-
bunal to try the purposes and OBJ
jectives of the Communist Party"
Justice Morris said. That is not
part Of the charge the defendant
is called upon to face-no matter
what those purposes are"
Justice Morris added:
II am greatly concerned and anX-
ious that we not let come into this
case anything that could be consid-
cred misunderstanding that
could give credence to the defend
ants claim that he cannot get fair
trial in this jurisdiction"
Justice Morris said he had denied
the validity of this claim when it
appeared in a defense request for a
change of venue in the case, and
that he would continue to deny it
until it becomes evident there is
basis for such claim"
The Government is attempting to
show that Eisler made false state
ments in applying for an exit permit
to Mexico in September, 1945. Mr..
Hitz argued that his references to
Eisler's background and Communist
Party intentions here were designed
to show the motive for Eisler's action
in making false statements.
Laudable Purpose Challenged.
The defense would claim, Mr.. Hitz
said. that Eisler was in this country
for the laudable purpose of collecting
funds for the underground fight
against Hitler.
I'VE are entitled to rebut this con-
tention," he added.
Arguing for the miStrial motion,
Defense Counsel David Rein of
Washington told the court: 7
II came here to litigate the issues
in the indictment against my client.
! did not come here to litigate the
virtues or defects of my clients po-
-litical philosophy. I did not come
here to argue whether the Com
munist Party is too far to the left
or to the right, or anything like
that"
Defendant Angered.
Eisler had a word on the proceed
ings for reporters.
IT see," he said, that as Ger
European Communist I can
not get a fair trial in the hyster-
ically reactionary atmosphere of this
country. I expected it,
Mr.. Hitz said Eisler failed to admit
his affiliation with the Communist
Party, to list aliases under which he
was known and to attest to his
previous residence in the United
States in filling out his passport
papers.
Eisler had been a Communist
since he emerged from World War I
as a lieutenant in the Austrian
Army, Mr.. Hitz said. The pro-
secutor traced Eislers early career
as a representative of the Com
munist International, or Comm
tern Rep through Russia, Ger
many and China.
In 1892, after two years at Mos
cows Lenin Institute where he
helped teach and organize training
courses in revolution, Mr. Hitz said,
Eisfer came to the United states,
remaining until 1896.
Seven members of the jury sworn
Yesterday, after extensive question
ing by Government and defense
attorneys, are colored. -Four are
Government employees.
Membership Of Panel.
The panel is as follows:
Mrs. Irene Lowe, colored, A, of
1913 Fist street NV, domestic work.
er; Miss Ethel Rosetta Boston, COL
ored. AZ, of 1882 Fifth street NV,
domestic worker; Henry Baker, SO,
of 1910 Twenty-first place Sc, taxi
cab driver; James A. Caul, colored,
Al, of 1922 Franklin street NE,
driver for the American Red Cross;
Mrs. Pearl Jones McLendon, col
ored, SO, of 76 o street NE, statis-
tical clerk at the Census Bureau;
Louis Perry, colored, At, of SO K
street NE, laborer with the Dis
trict public schools system.
Also Miss Margaret Fleming, so.
of 1876 Columbia road NV, unem-
ployed librarian; Charles P. Gibson,
colored, So, of 5351 Hayes street