Evening star., 1954-10-23
'YoungdahI Weighs
Own disqualification
For Laiiinlore Trial
By Howard |. Dufkin

BY Howard I. Dutkin
Federal Judge Luther w.
Youngdahl today was wrestling
with the problem of whether or
not to disqualify himself as judge
In the pending perjury trial Of
Owen baltimore.
The jurist, charged with hav-
ing made UP his mind before
trial that MIR. baltimore is inno-
cent, must alones make the de-
cision.
He took the disqualification
question under advisement yes
terday after hearing arguments
pro and con by United States
Attorney Leo A. Rover and ATT
torney Thurman Arnold, counsel
for Mr., baltimore.
II want a judge with an open
mind and not a Judge who has
already expressed himself as
your honor has DONE" MIR. Rover
told him.
Muzzle Effort Charged.
But Mr.. Arnold asserted that
Rover wants to muzzle this
court-not only yourself. but
other judges"
Mr.. Rover told the Judge that
he should exempt himself from
the trial even if he believes he
is not biased in order that "the
humblest American" could have
no suspicion that a court may
be prejudiced.
Mr.. Arnold argued that for
the judge to disqualify himself
would be to make the judiciary
a subordinate arm" of the Jus
tice Department.
The accusations lodged by Mr..
Rover in an affidavit of bias and
prejudice against the Judge
stemmed from observations made
by the jurist when he dismissed
four counts OF a seven-count
perjury indictment against Mr..
baltimore last year.
At that time Judge Young
dahl observed that the Tydings
committee in the Senate had
absolved Mr.. baltimore of any
taint of communism. He also
warned against infringement on
freedom of belief during efforts
to combat communism.
Doubted Other Counts.
In addition, he said he had
serious doubts" as to the valid
ity of the three other counts
which were to be tested at the
time of trial.
Mr.. Rover declared these OBJ
Servations showed prejudice.
What did the Tydings commit
tee have to do with the issue
before the court (the validity of
the indictment) ?" Mr.. Rover
asked.
He recalled the Tydings COM
mittee had been called white
wash committee" and charged
that the judge purposely had
selected committee reports ia
vorable' to Mr.. baltimore while
overlooking a McCarran Internal
Security subcommittee report
that labeled Mr.. baltimore as
for years "a conscious, articulate
instrument of 5 the Communist
conspiracy"
Mr.. Arnold declared that ev-
cry observation made by the
judge was true and he questioned
whether a statement of fact
could show bias. He said Mr..
Rover charged bias only because
Judge Youngdahl had ruled
against him at the dismissal
hearing,
Held Key Count Vague.
The key count thrown out
last year by Judge Youngdahl
accused Mr.. baltimore of lying
when he denied before the Sem
ate Internal Security subcom-
mittee that he was ever a sym
pathizer or any other kind of
promoter of Communist inter-
ests. The judge held this count
invalid as too vague and his view
was upheld by the U. S. Court
of Appeals for the District OF
Columbia.
Recently a second indictment
was lodged against Mr.. Latti-
more. This one accused him OF
lying to the subcommittee when
he denied ever having been a
follower of the Communist line
or promoter of Communist
interests.
The defendant, a former con-
sultant to the State Department
on Far Eastern affairs, is tenta-
lively scheduled to go on trial
January 10. tta
Yesterdays proceedings were
in the U. S., District Court fol
the District of Columbia.