Evening star., 1949-11-16
Burgman Convicted
As Traitor 10 j. 5,
Awaits Sentence

Herbert j. Burgman. So, who
emerged from the ranks of the
AEF after World War / to be-
come a doctor Of philosophy and
a trusted State Department en-
ploye. is In District Jail today
awaiting sentence as q traitor to
his country.
He was convicted of 13 overt
acts Of treason involving propa-
ganda broadcasts he made for
the Nazis by a jury of five women
and seven men in District Court
yesterday. The jury. which had
listened to five weeks of testimony,
deliberated 4 hours and IS min
utes and took only three ballots
before reaching its final verdict
Burgman, slumped in a wheel
chair with his eyes closed and
not a muscle moving. gave no
indication that he heard the ver-
dict convicting him OF the highest
crime in the Federal code.
Heart Attack Claimed.
He suffered a heart attack at
the District Jail over the week end
and was under the influence of
strong sedatives when he was
brought into court yesterday
morning. according to Chief De-
fense Counsel James j. Laughlin.
AS a result of the jury's ver-
dict. Burgman now faces a SEN
tence ranging from maximum
of death to a minimum of five
years Imprisonment and $4,000
fine. The prosecution at no time
during the long trial suggested
that 1t would ask for the maxi
mum penalty.
Judge Alexander Holtzof is ex-
pected to sentence the convicted
traitor In about two weeks, after
allowing the defense time to move
for new trial, file an appeal and
take other legal steps.
Judge Commends Laughlin.
Judge Holtzof commended Mr..
Laughltn for his spirited defense
Of Burgman.
II cannot imagine any one who
could have done more for the de-
fendant than you have done," he
declared.
The judge also commended Vic
tor Woerheide and Dorothy Fillius,
special assistants to the Attorney
General. for their liable presenta-
ton" Of the Governments case.
Chief Prosecutor William A. Pals
ley was not in court, having been
dispatched to San Francisco to
prosecute the Governments case
against West Coast Labor Leader
Harry Bridges.
Homer r. Baker, 49,. Of 1725
Highwood place Sc. a physicist
at the Naval Research Laboratory,
who was elected foreman Of the
jury. said the vote stood 10 to 2
for conviction on the first ballot.
Jury Asks instruction.
The case went to the jury at
1915 pm, and at 2:48 pm. the
jurors fled back into court to ask
further. instruction on the law
covering two. major points in1
Burgman's defense-that he made 4
the broadcasts under dIress be-
cause he feared the Gestapo would
kill him If lie refused and that he.
was insane In 1942 when the
reasonable broadcasts were made.
After receiving the judges in
structions the jurors retired and
voted II to ] for conviction. They
reteurned again at 4:45 pm. to
ask Judge Holtzof for further in
structions on the legal definition
Of Insanity.
zone Of the jurors wants to
know" said Mr.. Baker, IF hate
would be a compelling force to
cause a man to commit a crime"
Judge Holtzoff said it would
have to be an insane hatred
which developed into an irresist-
ible and uncomfortable force to
come within the legal definition.
The jurors retired, and Is min
utes later sent word that they had
reached a verdict.
'Burgman's German wife and
his son, Thomas, 26, were seated
In the back Of the courtroom when
the verdict was announced. They
displayed no emotion other than
the anguished looks on their faces
while the jurors were polled as to
each Of the 13 counts in the in
dictmeut,