Evening star., 1949-05-23
Daily Worker Editor
First Witness Called
Communist Defense
sy the As,ocio'ed Press

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NEW YORK, May 23.-Elever
top American Communist leaders
opened their defense today after
Federal Judge Harold r. Medina
refused to dismiss conspiracy
charges against them.
John w. Gates, editor OF the
Daily Worker and one OF the de-
PENDANTS, was the first defense
witness to take the stand.
Gates and the others are
charged with conspiring to ad-
vocate the overthrow of the Unit
ed States Government.
The Government rested lis
case last Thursday after 1873 days
of evidence and argument.
Judge Medina on Friday deried
q defense motion for a mistrial.
He repeated the denial today.
Also denied were motions for
acquittal, for dismissal on grounds
of insufficient proof and to strike
out testimony given by under
cover agents planted in Com
munist ranks by the FBI
Editor Since 1947.
Gates. 35-year-old native Of
New York. said he has been editsr
of the Daily Worker since 1947.
He was born Saul Regenstreif, he
testified, but legally changed his
name in 1882.
He was the son of Polish born
immigrants who were naturalized
American citizens, he added.
Gates said that as boy he led
fellow-studentS at a Manhattan
public school lin pledging allie
glance to. the United States at
assembly periods"
He gained scholastic honors as
. boy, he testified, won essay con-
tests, sold newspapers and even
worked for a Judge once" He
added that he distributed election
material for a Judge Schmuck "
Judge Medina refused to let
Gates introduce as evidence a
gold medal he said he won for
high marks in a Bronx public
school as a boy.
Meanwhile, William 2. Foster
Communist national chairman
who is not now on trial-attacked
the Governments case in 27,000-
word statement generally regarded
as an outline of the defense.
Charges Denial of Free Speech.
Fosters statement called the
charges against the IL "a COM
plete denial of free speech and of
our constitutional rights"
Foster was indicted with the
others, but Judge Medina granted
him q severance because of ILL
ness. He will be tried later.
Foster said the charge goes
contrary to the whole body of
Communist theory and practice
ever since the days when the
Communist manifesto was issued
by Marx and Engels century
ago"
Marx, Engels. Lenin Stain
and other Communist writer's and
leaders who have been SO lavishly
quoted, or misquoted, here by the
prosecutions witnesses. were not
advocating force and violence in
their writings, speeches and
deeds" Foster said.
d, Several prosecution witnesses in
the trial have testified Commu-
nists used books by Stain. Lenin
and others in their secret schools.
THE most elementary analysis
of the policies of communism in
this country shows that our party
does not advocate force and vio-
lence." Foster declared.
Claims Peaceful Intent.
cat all times" he added. the
party seeks the most peaceful and
democratic means for the defense
of the workers and peoples i'm
mediate interests and for the ulti-
mate achievement of socialism"
Government witnesses. who in
cluded FBI informants planted in
Communist ranks have testified
that party leaders and teachers
repeatedly stated that socialism
could be brought about only
through violent revolution.
Foster cited a Supreme Court
decision of the late 1930s, in
which. he said. it was ruled that
the Communist . Party in 1927
desired to achieve its purpose by
peaceful and democratic means
-"
The case, Foster said, centered
around Government attempts to
revoke the citizenship of William
Schneiderman on grounds he had
concealed membership in a Com
munist youth group.
Funeral Services Held