Evening star., 1949-06-14
CopIonDefense
Refused Secret
DataonU.S.Reds
poImer Serves Court
Notice OF Intent
To Subpoena Report
ss Jemss ] Cuiimens

trfease demands fsr pSesse 6ss.
closure % . Jasiise DcaA tgsasrs
top S~cIe, repasg na ths Com
nunls, Party IN this country aese
eurgly denfca today ty Jystsgt A..
bert l. Re~ses a. tAe espaauAse
trial al judith Cop.on In i4aExt
Court
Defense Attorney Archibald
PaifasF. ahe waA As4eec&Atul AAst
week la totcsne ilse Federal H.
reau O. Investigation 10 tarn over
10 him 80 confidential lnfeaiAes-
tive reports. served notaot That he
would have a SahgscrRa lssgsd iatrG
today demandlng psodueGsun ct
the Communist Party report
This deveiopinrni-an several
by noW roantIne verbal clashes
between THE defense aud psuaec4. .
ton enliVened thls morning sts-
slon Of ths trial The Govern
mens rested Its case YESTERDAY 5aut
uns expected legal maneuvefs by
Mr. Palmer have DELAYED pseseutA-
ton az the defense case
Memorandum haxls ei Mavr
The question Of the newest se-
eret document IN The case came
about this way
Among the papers found IN
Miss Coplon 5 pusS when Ahs vas
arrested with her alleged Rus-
sian confederate, Valentine A.
0abItchev IN Nes York on March
4. was typed memorandum
telling OF her unsuccessful at
tempts to obtain a copy ef the
top secret Communist Party re-
port from William 4 Foley.
her superior in the Internal Sc
curity section o! the Justice De
partment.
Mr. Palmer VAS cross examining
Mr., Foley this morning when he
asked where the secret report
could be found
1T Is In q safe In the Criminal
Division Of the Department Of Jus
tice. Mr., Foley answered
Demands Report Ne Produced.
your honor, Mr.. Palmer said.
Il ask that ths Government be
directed 10 produce such report
Your request Ia denied 7 Judge
Rooves responded sharply. be-
cause 1t Is not competent ma
teriAl.''
| Mr.. Palmer declared that he
considered the Communist Party
report just rs material ~ the
confidential documents which he
said Judge Reeves had forced the
Government TO make publie I'm
your honor's historic deeiaion last
week"
| Chief Prosecutor John NJ krl-
| ley. jr. strenneusly protested
against public disclosure OF the
report He pointed out that Judss
Reeves ruled last week that the 80
confidential FBI iusestigative re-
ports had 10 be produced Ia rYt-
dence because excerpts from them
had previously been introduced
as part OF the Government case.
No Portion introduced.
In this instance. Mr. Kelley
said. the Government has not
attempted 10 introdues any por-
ton OF that top secret report ard
there are no grounds upon which
counsel can demand ia produc-
ton In open court
Mr. Palmer then sald that hs
would have . subpoena issued for
production Of the secfe. report 60
q part Of the defendants case
and asked Judge Reeves II The
court would support him In this
demand. Judge Reeves said he
would rule on the matter when
| II came before him.
Al one point Mr.. Kelley asked
the courts permission 10 interrupt
Mr.. Palmer at this stage of the
game" The defense attorney
shouted.
This a not . game. II ls q mat.
ter OF life and death
Al another point Mr. Kelley told
judge Reeves. Il object TO tlas de-
ifberate Misrepresentation OF facts
by the defense counsel"
just before the luncheon neceas.
Mr.. Palmer completed his eFoss-
Examination Of kir Foley and told