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Evening star. [volume] (Washington, D.C.) 1854-1972, September 20, 1944, Image 6

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lEicher Reprimands
"Rogge for Sedition
Trial Interview .j
(Cont inued From "First Page t
»ny counsel were public property,
beyond control of the court.
Inference of Outside Contact.
"However.” he added, "from read
ing the quotation it appears at least
gtrongly inferential that they were
Obtained in large part outside the
Courtroom and I assume from the
pontexf that Mr. Rogge does not
claim otherwise.”
Mr. Rogge told the court much of
the material which the two publica
tions had attributed to him must
have come from comments he made
in court, especially his discussion of
the Supreme Court dc&teibn in the
Hartzel case. A
The prosecutor added that a re
porter, a women, did ask him for his
background, where he went to school
and his experience, and he supplied
that information.
Court Convinced of Facts.
Mr. Jackson said he was prepared
to ask that Mr. Rogge be placed
under oath and other witnesses
summoned and the matter sifted
thoroughly.
"The court is convinced.” said Jus
tice Eicher, "that Mr. Rogge did.
inadvertently or otherwise, make
statements outside court which
should not have been made. The
court, therefore, does grant the re
lief asked. The court reprimands
Mr. Rogge for improper conduct in
connection w'ith these publications
and directs him to refrain from sim
ilar conduct in the future.”
The interviews in PM and the
New Masses assailed "dilatory" tac
tics of the defense and promised the
Government's evidence would be
presented "if it takes forever.”
Mr. Rogge Is a special assistant to
the Attorney General.
Mistrial Motions Denied.
Justice Eicher. taking up a sheaf
of other defense motions in the
absence of the jury, denied two ask
ing mistrial on the ground of in- ,
flammatory publicatioas.
One motion, filed by P. Bateman
Ennis, attorney for Gerhardt Wil
helm Kunze, former national leader
of the German-American Bund,
sought a mistrial because of publi
cation in a local newspaper of an
advertisement excoriating the 26
defendants as approving “'Hitler's
mounds of skulls.” The advertise
ment, which also appeared in other
cities, was written by Max Lemer
a member of the PM staff.
Ben Lindas, counsel for George
Sylvester Viereck, asked that the
trial be ended because it could be
assumed the jury had been preju
diced by wide exploitation of the
book. ' Blackmail.'' which purported
to disclose the Government's evi
dence in advance.
Decisions Give Press Latitude.
Tire court held that recent de
cisions of the Supreme Court and
the District Court of Appeals gave
the press wide latitude in discussing
a pending trial, even though such
articles were inflamatory. It must
be assumed, Justice Eicher said, that
the jurors would carry out their
oaths to decide a case solely on the
evidence.
Justice Eicher also denied a mo- i
tion asking elimination of Kunze
from the trial on the ground that
the court was without jurisdiction
to try him. The motion was based
on the alleged illegal return of the
former bund leader from Mexico.
The next order was defense ob
jections to the admission as Gov
ernment exhibits of German books
seized in a raid on German-Anferi
can Bund headquarters in Los An
geles. The first of these objections
was voiced shortly before adjourn
ment last night. Mr. Rogge said he
w-anted at this time only to display
the titles, authors and publishers to
the District Court jury, though later
these exhibits would be connected
with the alleged Nazi-controlled con
spiracy charged against the 26 de
fendants.
Caruso
'Continued From First Page i
otherwise who knows what will hap
pen to us," he quoted the official
ns saying. Caruso said he complied
with the order after cutting down
the number to 50.
The witness also blamed the Ger
mans for the raid on St. Paul's
Church last February, when Caru
so's police broke into the sanctuary
and seized Italian officers and ci
vilians. He said he did not know
that the action violated the Vati
can's extraterritorial rights.
A tall and handsome co-defendant.
Robert Occhietto, secretary to Ca
ruso. testified he played both sides
of the street during the German oc
cupation, obtaining information
from the Nazis which he asserted
he turned over to Lt. Gen. Mark
Clark's 5th Army.
Col. Charles Poletti. Allied mili
tary government official and former
New York Governor, attended the
trial.
Caruso, on crutches as a result of
Injuries received In an automobile
accident, when he attempted to flee
north ahead of the Allied armies,
was helped to a chair near his sec
retary.
Specific charges read against Ca
ruso were that he turned over to the
Germans 50 hostages for execution,
seized citizens for labor battalions,
violated the extraterritoriality of St.!
Paul's Church and authorized his
secretary and others to attend a j
German sabotage school in the
Netherlands.
Area of National Forests
The national forests of the
United States include an aggregate
area larger than all of New Eng
land. New York, Pennsylvania,
Ohio and Indiana,
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9im Oa. At*. NO. 1841
REDS SEEK TO CLOSE BALTIC TRAP—Arrows in the northern
sector of the Russian front indicate Red Army drives on Riga
and capture of Valga in the offensive to cut off German Baltic
armies in Latvia and Estonia. Capture of Kekava, 6 miles from
Riga, was announced last night. Shaded line is approximate
battle front. —A. P. Wirephoto.
Forresfal Tells Legion
'It May Be Cheaper
To Remain Armed'
(•Continued From First Page.)
pulsory military training of our
youth.”
2. Retention of a strong Navy
with sea and air power serving as
an instrument for the maintenance
of world peace rather than a stim
ulus to war.”
3. A close and continuing study
of national security based on con
stant vigilance in world problems,
maintenance of scientific research
on basic materials and care that
"economy is not the sole criterion
of what we shall spend on our Army
and Navy.”
He advocated combination of some
civic and educational training with i
the purely military indoctrination
of the Nation’s youth but said
these “should be collateral to the
basic purpose, which is training
for actual military service.”
"Possession of force by those who
love peace does not lead to war,”
Mr. Forrestal said. “On the con
trary, to our bitter cost we have
found that lack of armed force on
the part of those who would live
Inetitatlaaal treatment far anlr eee
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peacefully makes their desire an
empty and futile thing**
The late Frank Knox wag praised
as one of the greatest Secretaries
the Navy has every had in an ad
dress, by Assistant Secretary of the
Treasury John L. Sullivan.
Presenting the Legion's Disting
uished Service Medal to Mr. Knox’s
widow in honor of her husband,
Mr. Sullivan said that during Mr.
Knox’s administration the Navy
rose from third place to "by far the
most powerful aggregation of ships,
planes, equipment and personnel in
the naval history of the world."
Earlier, F. L. Schlagle, president
of the National Education Associa
tion, asserted that jnen now }n the
armed forces should have a part in
deciding whether a compulsory mili
tary training law should be enacted.
Robert M. Gaylord, president of
the National Association of Manu
facturers, declared industry's No. 1
job was to help the returning serv
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as possible,” to finer a spot for new
skills, and to-Help the able and dis
abled regain old ones.
Scheiberling Seen as Favorite.
The convention, meanwhile, pre
pared to take a stand on demands
for a statute providing for a year
of Army or Navy training for Amer
ican youths, and to define its posi
tion on such subjects as national
defense, foreign relations, veterans'
rehabilitation and postwar plan
ning for the home front.
This is the closing day of the con
vention.
Edward N. Scheiberling, Albany
(N. Y.) attorney, who served as an
infantry captain in the World War,
was regarded by some Legionnaires
as holding the role of favorite in
the contest today for the post of
national commander, succeeding
Warren H. Atherton of Stockton
Calif.
The Legion yesterday adopted a
series of resolutions demanding
tightened controls over Japanese na
tionals and other aliens in this
country and immediate return df
war prisoners to their own lands
after the war. It also proposed to
prohibit immigration after the war
until unemployment In the United
States shall have dropped to 1,000,
000 or lower and veterans shall have
been afforded opportunity for jobs.
Another resolution proposed con
tinuation and perihanence of the
Congressional (Diesi Committee on
un-American Activities.
Tne Legion repealed a resolution
passed at the Omaha convention last
year censuring Representative Pish,
Republican, of New York, for al
leged misuse of the congressional
franking privilege.
Mrs. James H. Doolittle, wife of
the flying general, presented a check
for $1,000 to the Legion’s National
Americanism Endowment Fund. Her
gift represented money she earned
on recent radio programs.
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