Evening star., 1949-11-11
Burgnnan Jury
Scheduled toGet
Case Monday

To Stort Deliberations
After HoItzoff Gives
Them Instructions
The jury in the District Court
treason trial of Herbert j. Burg
man was excused today, after
hearing final arguments from
prosecution and defense attor-
neys.
Judge Alexander Holtzoff in
structed the panel of five women
and seven men to return to the
courtroom at 10 am. Monday.
At that time the jury members
will receive the instructions of the
court and start their deliberations
to determine the guilt or inno-
cence of the defendant.
Burgman, a former clerk at the
United States Embassy in Berlin,
is charged with treason in con-
nection with Nazi propaganda
broadcasts during World War II.
The defendant admits making
the broadcasts over shortWave
Station DEBUNK, under the name
of "Joe Scanlon." But he denied
intent to betray the United States.
contending he was coerced into
broadcasting by the Germans
after being abandoned" in Ger.
many by the American Embassy.
Sick, Says Defense.
At yesterdays session the jury
was treated to a demonstration Of
remarkably different courtroom
techniques as the defense and the
Government summed up their
cases and made final pleas for ac-
quittal or conviction.
Defense Attorney James J.
Laughlin painted a dramatic pic
ture of Burgman, sick in mind and
body, abandoned by his Govern
ment to face the ''pent-up hatred
Of the Nazis.''
"It's perfect nonsense" shouted
the attorney, Ito say that Mr..
Burgman could dictate what kind
of program he should broadcast.
He had to do what he was told"
Mr.. Laughlin sneered at Gov
witness who testified IN
the course of the trial about Burg
mans connection with the short
wave station. They were, he said.
"a bunch of little Nazis who con-
spired together and sold DR.. Goeb-
bels :" on a radio program Of
no vlaue Gin order to dodge the
draft"
"The mere fact that Mr.. Burg
man may not have liked Great
Britain, or Roosevelt. or Eleanor
Roosevelt would not make him
guilty Of treason" the jury was
told.
Insanity as Backstop.
Mr.. Laughlin said he hoped tho
jury would not have to 60 into the
phase" of Burgman's alleged past
mental illness in order to return
a verdict Of not guilty. However.
he added IF you have Q reasonable
doubt Gas to Burgman's mental
condition in the period covered by
the indictment) you must render
a verdict Of not guilty because Of
insanity"
While the defendant sat slumped
in his seat. with his head bowed
and eyes half closed, Mr.. Laughlia
patted his shoulder, describing him
as "a man who has always loved
his country" Occasionally the de-
fense attorney rested his hands
benignly on the head Of the United
States marshal sitting behind
Burgman.
Finally, Mr.. Laughlin gestured
toward the defendants wife and
son, who sat in the rear Of the
courtroom.
Lets reunite this little family"
he pleaded. Lets give them an
other start in life. Mr.. Burgman
is entitled now to a little bit Of
happiness"
Rising in rebuttal, Chief Prose-
cutos William A. Paisley stood
quietly and spoke to the jury in
a dispassionate, matter-of-fact
voice. The Government, he said.
had established the fact, beyond
a reasonable doubt. that the de-
fendant was guilty of treason
that he cast his lot with the en-
emy willingly that he adhered
to the enemy and gave them aid
and comfort"
Cites Conflicting Findings.
He reviewed the conflicting tes-
timony Of five psychiatrists for
the defense and prosecution.
noting that the conclusions Of
the defense witnesses was based
largely on what Burgman himself
had told them about past ILL
nesses.
How in the world you can con-
clude that this testimony raises
any reasonable doubt as to his
sanity is difficult for me to see,"
Mr.. Paisley said. 1T seems to me
q difficult proposition to plead
insanity for a man who, over a
period Of three years, was able to
earn a handsome salary and sup
port his family"
Burgman, said the prosecutor,
was not forgotten by the Gov
ernment." Early in 1912, he
added. Burgman was offered q
position with the American EN-
bassy In Switzerland. which he
refused. Then. said Mr.. Paisley,
"he worked steadily for three and
a half years spewing Hitler's
poison over the RADIO"
As to the argument Of coercion
by the Nazis, Mr.. Paisley said.
there Is no evidence that be was
Gin imminent or immediate fear