Evening star., 1951-10-04
Both Sides Cite
Press Freedom
In Pearson Suit
CoIumnist Resumes
PretrioI Deposition
In Hearing Today
By w. n. Shippen

IN neoFin9 Io0uy
By W. n, Shippen
Both sides had raised the free
dom Of the press issue today, as
Columnist Drew Pearson prepared
to resume a pretrial deposition
in his $5.1 million suit against
Senator Mccarthy, Republican, Of
Wisconsin and others.
An infringement on the Consti-
tutional guarantee of a free press
was contained. according to Mr..
Pearson'S attorney, in an alleged
conspiracy to destroy the column
lists courageous, unbiased and
truthful" reporting of the news.
Counsel for the Times-Herald,
one of the defendants, contended,
on the other hand. that Mr.. Pear
son himself sought to curtail the
rights Of a free press by stopping
the newspaper from printing any
thing Of critical nature about
him.
Will Add to Statement.
Meanwhile. Mr.. Pearson was to
add to the lengthy sworn state
ment he began last week under
questioning of counsel for the de-
PENDANTS. Senator Mccarthy was
scheduled to make a similar ap-
pearance tomorrow. Previously
he had answered questions for
some three hours at a heated,
controversial session in the Office
OF Attorney William A. Roberts,
representing Mr.. Pearson.
We've only started to take
dispositions. Judge F. Dickinson
Let's was informed in District
Court yesterday. Attorney Roger
Robb, appearing for Radio Com
meftator Fulton Lewis, another
defendant, added the deposition
taking is long, tedious and
costly"
The judge took several motions
under advisement yesterday, in
Guiding a petition by the Times
Herald to dismiss charges that the
newspaper participated in a con-
spiracy with Senator Mccarthy,
Mr.. Lewis and others to. hold Mr..
Pearson up to public ridicule and
drive him out of business.
Dismissal Of Counts Urged.
:, Dismissal of the two counts in
the suit was urged by Attorney
Louis 6. Caldwell in behalf Of the
newspaper and George Waters, a
former employe named by Mr..
Pearson in the alleged conspiracy.
Mr., Robb concurred in the re-
quest for dismissal. He added
that If the dismissal is not
granted the charges against Mr..
Lewis and an assistant, Edward
K. Nellor. should be made more
specific. ss go
At the conclusion of the District
Court hearing. the judge said, IT
will take the file and you gentle
men will hear from me in due
time" There was no indicationI
of when a decision might be ex-
pected.
Mr.. Robb, Mr.. Caldwell and At
torney Edward B. Williams. repre-
senting Senator Mccarthy, at
tackled the suit as being vague,
especially as to the alleged con-
spiracy.
Mr.. Roberts replied the cause
for action was adequately stated
in all four counts, the first of
which accuses Senator Mccarthy
of physical assault upon Mr..
Pearson at a dinner dance in the
Sulgrave Club on the night of
December IL.
Calls Charge Extraordinary.
"But the assault and battery
charge is extraordinary" Mr..
Roberts continued. 1--WE contend
the defendant deliberately in
tended to invoke physical action in
the presence of other guests, for
the purpose of spreading false,
foul and malicious statements
against Mr.. Pearson. He was
grabbed by the back of the neck
with great violence and later,
when he sought to leave, was
kneed in the groin"
The judge remarked he did not
see where the first count of assault
was in question.
Mr.. Roberts replied, 1--WE charge
the assault was committed in the
furtherance Of a scheme to pub
licize this incident for the pur-
pose Of maligning Mr.. Pearson and
destroying his business" The at
tack, he added. was part of a
premeditated plan" to publicly
hamiliate the columnist and cause
him financial loss"
Points to Second Count.
The second count, Mr.. Roberts
said, relates to Senator McCarthy's
alleged efforts to spread to
others" and otherwise publicize
the speech he made against Mr..
Pearson on the floor of the Senate
on December Is, three days after
the, physical encounter.
f!''In this speech" Mr.. Roberts
continued. che accused Mr.. Pear
son of numbering the late James
Forrestal as surely as though with
q machine-gun." The Senator, he
said, urged persons not to buy
hats from the commercial spon-
sor of Mr.. Pearsons broadcasts.
The Senator branded Mr.. Pear
son as a spokesman for the Com
rnuniSt Party, Mr.. Roberts told
the court, land there is no longer
any doubt that such a charge is
hbelous on the face of it,"
The second count, he continued,
also accuses the Senator of hand
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