Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-10-06
Falls Church Man Ducks
Questions on Red Ties

A Falls Church man who ire
spectfully declined" to answer
whether he was a Communist
for two years before he became
aaturaiized was to resume his
testimony today in Federal Court
Z Alexandra. at Q hearing to de-
termine whether his citizenship
should be revoked.
Saul B. Horwatt, 4S, an cleo
trical contractor Of 5s0l vir-
ginia avenue. sought the protec-
ton of the Fifth Amendment
when questioned yesterday about
Communist membership for two
years before his naturalization
in New YORK City in 1881.
Assistant United States At
torney Harlan E. Freeman told
Judge Albert v. Bryan, hearing
the case without q Jury. that the
Government win prove Mr.. Hor-
watt was o dedicated, discip-
lined. trusted member Of the
Communist Party" from 1928
until the time Of his becoming
a citizen Of this country.
Silent ON '2s and -
The native Of Poland. who
emigrated to the United States
in 1928. denied he was . mem
Der Of the Communist Party In
the years 1925. 1926, 1927 or
1880. He refused to answer the
question on grounds Of possible
decentralization for~the years
1928 and 1929.
The Government contends that
Q naturalized citizen must be Of
good moral character for the
five years proceeding his being
admitted to citizenship. Specific
ally. Mr.. Horwatt Is charged
with obtaining his citizenship
by fraud and illegally.
Defense Counsel Joseph A.
Faneln Of Washington, joseph
II. Freehill Of Fairfax and Anna
Faye Blackburn Of Alexandria,
indicated their probable defense
TO reporters after the first days
hearing.
They will contend that when
Mr.. Horwatt filled out his peti-
ton for citizenship on July 20,
1880, he gave q true answer in
stating that he was not then q
member Of an organization ad-
vocating the overthrow Of the
Government: that even II he had
been Q Communist in 1880. it Isl
up to the Government to prove
that the party at that time adj
vocated overthrow Of the Gov
eminent. and If such were the
case. Mr.. Horwatt answered the
question truthfully because he
did not know that overthrow Of
the Government was the party
policy.
Again Takes Refuge
In addition to seeking Fifth |
Amendment protection as to
party membership for the year |
1929, sMr. Horwatt also invoked
the same immunity when asked
whether he had attended q
Communist Party convention In
that year.
The defendant testified he
had worked for about four
months as a manager Of q Bal |
Iimore Office of the Morning |
Fceiheit." labeled by the prose-
ciIor as q "Communist-ow owned, |
supported and run Yiddish Ian
guage newspaper" The newspa-
per had Its headquarters and |
was published in the Daily
Worker Building in New York |
City. the witness testified.
Mr.. Horwatt was called as the |
first witness by the prosecution
over the strenuous objections Of
Defense Counsel Fanelli.
1.-THE defendant declines to
testify the attorney said as
soon as Mr.. Horwatt's name was
called Mr.. Freehill.
Judge Bryan pointed out that
the case was q civil proceeding
and that the defendant could
be summoned. Mr.. Faneli pro-
tested that no such summons
had been issued and that I'VE
could have left him (Mr. Hor-
watt) at home"
The court directs him to takeIl
the stand. Judge Bryan said. Dol
you contend that 10 not as good /
~ q summons?
Shortly before adjournment, i
however. the defense was suc-t