Evening star., 1955-01-18
foungdahI Dismisses
Ia
Laiiimore Count
As Too Vague
tcontinued PROM First Paee1.

tContinueo From Fist Eaee.l
The case. The jurist declined and
charged that MIR. Rover's action
was "scandalous."
Mr.. Rover had no comment
to make as to the opinion. It
is up to the Justice Department
to decide whether Judge Young
dahl,s action will be appealed.
Mr.. Rover presumably viii con-
fer with the department in the
near future.
In his ruling. Judge Youngdatl
cited the Sixth Amendment
which declares that an accused
person is entitled to be advised
of details Of the charge against
him In such q fashion as to
enable him to prepare a defense.
The charges here serve only
to inform the defendant that his
sworn statements are to be tested
against all his writings for
chance parallelism with, or In
direct support Of. communism
regardless Of any deliberate in
tent on his part" the Judge
wrote.
They demonstrate that the
Government seeks to establish
that at sometime. In some way.
Ia some places. in all his vast
writings, over q 15-year period.
baltimore agreed with something
it calls and personally defines as
following the Communist line
and promoting Communist In
terests.
The opinion continued:
Jury inquiries would be limit
less. No charge by the court
could emhody objective stand
ards to circumscribe and guide
the jury in its determination of
what the witness might have
meant regarding words he used.
With so sweeping an indictment
with lis many vague charges. and
with the existing atmosphere Of
assumed and expected loathing
for communism, 1t would be
neither surprising nor unreason-
able were the jury subconsciously
ifnpelled TO substitute its own
understanding for that Of the
defendant. |"
The accusations against Mr..
baltimore, controversial Far
Eastern affairs specialist. all
grew out of his testimony in
1852 before the Senate Internal
Security Subcommittee, then
headed by the late Senator
. eMcCarran, Democrat, Of Nevada.
The committee was investigat-
ing the affairs Of the Institute
Of Pacific Relations and its pub
lication, Pacific Affairs" which
Mr.. baltimore once edited.
Question Of Definition.
The crux of the case. as inter-
preted by Judge Youngdahl. re-
yolved around what definition
Mr.. baltimore had in mind when
he voluntarily stated he was not
o Communist follower.
"The substance of such crime
(perjury), is a defendants lack
of belief in the truth of his tes-
tiInony as of the moment he
made it, Judge Youngdahl said.
''For q Jury to conclude that
perjury has been committed
It must determine what the
words meant to the defendant
at the time he offered them Z
and then conclude that the de-
fendant did not at that time be-
lieve In the truth Of such testi-
nnony according to the meaning
he ascribed to the words and
phrases he used"
The Government had defined o
Communist line follower as one
who follows and parallels the
positions taken by the Soviet
Union, its satellites and the
Communist party.
Referring to this. Judge
Youngdahl stated: "The Govern
ment is prompt to concede that
no such definition was presented
to the defendent" at the sub
committee hearing In 1852, and
that 1t was formulated after Mr..
baltimore testified. t'ases.e
Defense Definition Differs.
The jurist pointed out that
the defense offered q different
definition Of q Communist fol-
lower involving the tactic Of
"zigging and tagging" with shifts
In Communist positions.
Here the phrase follower Of
the communist line is subject to
varying interpretations" Judge
Youngdafl stated.
1T has no universally accepted
definition. The Government has
defined it In one way and seeks
to impute it's definition to the
defendant. Defendant has de-
clined to adopt it. offering q defi-
milton Of his own. It would not
necessitate great ingenuity TO
think up definitions differing
from those offered either BY the
Government or defendant. BY
groundless surlnise only could
the jury determine which defini-
ton the defendant has in
mind. !"
OF the second count. involving
promotion Of Communist inter-
ests. the Judge said It could not
stand since it Is dependent upon
the communist follower count
and Is anchored to. partaking
Of. and plagued by" all the
''vagleness and indefiniteness.
Of the first count.
When the appellate court up
held the dismissal Of the orig
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