Evening star., 1953-05-02
Judge Drops 4
|0f Counts in
baltimore Case
Asia Expert Must
Face Perjury Trial,
YoungdohI Rules

A Federal judge today dis
missed four perjury counts
against Owen baltimore but
ruled the expert on Far Eastern
affairs must stand trial on the
remaining three specifications in
the indictment.
Judge Luther w. Youngdahl
said there is serious doubt
whether the remaining counts
can pass the test of materiality
to present a jury issue. But he
SAID this must await the trial.
The judge said he was denying
the defense move to have these
three counts dismissed but his
action would not prejudice Mr..
LattimOre'S attorneys should
they wish to renew the motion
at the outset of the trial.
A defense plea to postpone the
trial until 1854 was denied, along
with motion for a change Of
venue. The judge set october 6
for the opening for the trial in
the U. S. District Court for the
SlStrict of Columbia.
Refuses Further Delay.
"It is the courts conclusion
that the case should be tried at
that time and that no further
continuance should be granted"
the judge said.
Among the four counts dis
missed was the controversial
No. charge that Mr.. baltimore
periured himself as to his SYM
pathies with communism or
Communist interests.
The judge held this charge is
fatally Detective He said the
specific charge was too vague
and conflicts with the first
amendment.
The judge explained the
charge was unconstitutional be-
cause it tended to restrict "the
freedom of belief and express
sions" which even a congress
Sional inquiry cannot violate.
Three Counts Outlined.
Mr.. baltimore will be tried on
these charges:
l. That he lied to Senate
inquiry about whether he had
been told or knew that certain
persons were Communists.
2. That he lied when he testi-
fed he lunched with former
Soviet Ambassador Outnansky in
July of 1941 after Hitler's armies
had invaded Russia. The pro-
secution contends that this
luncheon occurred while the
Soviet was an ally of the Nazis.
3. That the defendant per-
jured himself when he told the
Senators that he did not take
care of the mail of Lauchlin
Currie in an Office in the White
House during Mr.. Currie's alb
sence. Mr.. Currie was then an
employe of the Roosevelt admin
istration.
Red Articles Involved.
The judge dismissed a count
regarding Mr.. Lattimore's testi-
mony as to the Communists he
knew. The third count voided
related to Mr.. Lattimore's teSti-
mony about articles allegedly
written by Communists and pub
lished by Pacific Affairs while
he was editor of that publication.
The fourth count dismissed
charged Mr.. baltimore with lying
about whether he had made pre-
arrangements with the Commu-
mist Party in China to go to the
northern capital of the Reds
while he was on a Government
mission in China during the war.
Mr.. baltimore was indicted
December 16 as a result of his
testimony before the Senate In
ternal Security subcommittee.
The hearings at which Mr..
baltimore appeared lasted 13
days. The Senators were trying
to learn to what extent the In
stitute of Pacific Relations had
been infiltrated by Communists
and fellow travellers. During the
period in question Mr.. baltimore
was editor of the institutes
magazine Pacific Affairs"