Evening star., 1954-10-22
Disqualification Plea
In Lattimore Case
Heard by YoungdahI
Continued From First Page }

10 UeSCeuu 70 PERSONALITIES !
might say the Tydings commit
tee has been called q whitewash
committee. -. He declared
the issue was the question OF
whether perjury had been COM
taitted and asserted the findings
Of congressional committee re-
ports were not material.
Today's showdown in court
had its inception in Judge
Youngdahl's action in May. 1853
when he dismissed four Of seven
counts Of perjury against Mr.
baltimore.
Viewed as Heart Of Case.
Among these counts was one
which the Government consid-
cred the heart of its case. This
count charged that Mr.. Latti-
more lied when he denied to the
Senate Internal Security SUBJ
committee that he was ever q
@sympathizer or any other kind
of promoter" OF Communist
interests.
Subsequently, the U. S. Court
of Appeals for the District of
Columbia upheld Judge Young
dahl's dismissal of this count and
one minor count. Two counts
were reinstated. This left Mr..
baltimore faced with five minor
counts in all.
Recently, a second indictment
was returned against Mr.. Latti-
more. This indictment charged
him with lying when he told the
Senate investigators that he was
never a follower of the Commu-
mist line nor a promoter of Com
munist interests.
Trial Set for Jan. 10.
Trial date for the two indict-
ments has been tentatively set
for January 10. Mr.. baltimore,
who was among the spectators
at today's proceedings, is free in
$4,000 bond.
Recently, Mr.. Rover filed his
affidavit charging bias and ask
ing Judge Youngdahl, who must
decide the matter himself, to
step down as scheduled trial
judge. Mr.. Arnold entered a
plea seeking to have Judge
Youngdahl throw out the afn-
davit and preside at the trial.
Mr.. Rover then moved to have
the court declare that the affi-
davit issue was a matter con-
fined to the Government and the
Judge and that the defense le-
gally could not interpose.
Yesterday, Mr.. Arnold filed q
memorandum with Judge Young
dahl in opposition to the latest
Government move.
Comments Called Factual.
In this memorandum, parts
Of which were reiterated today,
Mr.. Arnold set forth that the
biased comments of
the judge were all true state
ments of fact. Mr.. Arnold con-
tended that a factual statement
hardly could be conceived as be-
ing biased.
He related today how the Court
Of Appeals had upheld Judge
Youngdahls action at least in
sofar as the two counts were
concerned. and posed the ques-
tion whether Mr.. Rover thought
he could file an affidavit of bias
against the appellate judges.
In the memorandum the Latti- |
more attorneys declared:
This is the first time In |
he history of American juris-
prudence that the Department |
If Justice has ever based an aff-
lavit of bias and prejudice on
/ considered opinion of a Federal
udge."
The memorandum said the
Governments first alleged ground
If bias is the statement that
he Tydings committee exoner-
tied Mr.. baltimore. The Gov
,rnment, wrote the defense at
orneys, cannot contest this
notorious fact"
Evidence Seen Lacking.
The second ground, the mem
,randum noted, was the obser-
'ation that the McCarran Com
nittee could discover no evi-
lence that Mr.. baltimore was q
Communist, a member of the
Communist Party, a Soviet spy
n a fellow traveller.
''Is it bias" asked the defense
attorneys, ito state the TRUTH"
The next complaint. said the
lefense attorneys, is that the
rial court commented that the
related to a period
# is to 20 years before the
hearings. !
"A reading of the Govern
nent's second Indictment" the
memorandum went on, CON
1rms the accuracy OF this OBJ
The Government, the memo
'andum continued, CHALLENGED
he statement that the first
count Of the previous indictment
involved speculation into the
Of the human
mind"
The memorandum argued that
he Court of Appeals took the
anne view by dismissing the first
count of the indictment because
he meaning of the word sym
,athizer" was too indefinite.