Evening star., 1954-10-13
Rover Contends
Judge Is Biased
For Lattin1ore
Asks YoungdohI
To DisquuIify Self
From Perjury Trial
BY Howard l. Dutkin

United States Attorney Leo
A. Rover today asked that Fed
eral Judge Luther W. Young
dahl disQualify himself from
presiding at the scheduled per-
jury trial of Owen baltimore on
the grounds that the Judge is
prejudiced in favor of Mr.. Lat
timore.
In an affidavit of prejudice
filed in the U. S. District Court
for the District of Columbia, Mr..
Rover contended that Judge
Youngdahl ''has a f1xed opinion
that the defendant -. is inno-
cent
Judge Youngdahl told report
ers that he had not yet seen q
copy Of the affidavit hence he
could have no comment.
While the official announce
ment has not yet been made. it
was understood that Chief Judge
Bolitha j. Laws has signifled
that Judge Youngdahl would
preside at the trial tentatively
set for January 20.
Pleads Not Guilty.
Mr.. baltimore yesterday
pleaded not guilty to the perjury
charges when he was arraigned
before Judge Laws. Judge Laws
set January 10 as the tentative
trial date and released Mr.. Lat
timore in $4,000 bond.
Mr.. baltimore was accompa-
MED to court by his attorney,
Thurman Arnold.
After Mr.. Rover's affidavit was
filed, Mr.. Arnold's Office issued
a statement. declaring:
I'VE are Immediately filing o
motion to strike the affidavit Of
bias and prejudice filed by the
United States attorney against
Judge Youngdahl."
"Undisguised Attack"
The announcement said the
motion would term the affidavit
"a bald and undisguised attack"
on Judge Youngdahl's decision
in dismissing the first count Of
the original indictment; would
term the statements in the affi-
davit "scandalous";; allege the
affidavit an attempt to manip-
ulate the administration of JUS
tice," and ask that the court
"admonish the United States at
torney for abuse of process"
Because of the grave implica-
ton to our legal process of the
United States attorneys action
as set out in our motion, we were
requesting an immediate confer
ence with the Attorney General" +"
the statement said.
It was Judge Youngdahl who
last year threw out four counts
of seven-count perjury indict-
ment against Mr.. baltimore. He
ruled, in the main. that the four
counts were so vague that Mr..
baltimore could not know exactly
what he was charged with, as is
his constitutional right.
In addition, Judge Youngdahl
expressed serious doubt" as to
whether the remaining three
counts could be considered ma
tefial to the issue. He said he
would have to hear evidence at
the trial before ruling on that
point.
Dismissed Main Count.
Among the counts dismissed
by the judge was the one that
formed the crux of the Govern
ment's case. '-.
This count accused Mr.. Latti-
more Of lying to a Senate In
ternal Security subcommittee
when he denied that he was ever
"Sympathizer or any other kind
Of promoter" of Communist in
terests.
Judge Youngdahl's dismissal
OF this charge and a minor one
was upheld by the United States
Court of Appeals for the Dis
trict. The appellate court, how
ever, restored two other minor
counts that also had been ruled
out by Judge Youngdahl.
Recently a second indictment
was returned against Mr.. Latti-
more. The new true bill charged
that he lied when he told the
(See baltimore. Page A-4.)