DISMISSAL SOUGHT

Otago Daily Times, Issue 27025, 9 March 1949, Page 5

DISMISSAL SOUGHT

INDICTMENT OF COMMUNISTS FAIR TRIAL CONSIDERED “ IMPOSSIBLE ” NZPA—Copyright Rec. 8 p.m. NEW YORK, Mar. 7.* Defence counsel to-day sought a dismissal of the conspiracy indictment against 11 American Communist leaders on the ground that President Truman’s characterisation of two Communist leaders as “ traitors ” made a fair trial impossible. Federal Judge Medina promptly denied the motion. The motion referred to a recent remark by President Truman when he was asked to comment on a statement issued by the Communist Party general secretary, Mr Eugene Dennis, and the national chairman, Mr William Foster. Dennis is one of the 11 defendants and Foster has also been indicted but his trial has been delayed because of his poor health. The charge against the Communist leaders is that they conspired to teach and advocate the violent overthrow of the United States Government. Dennis and Foster in their statement had said American Communists opposed the new “ imperialist war ” and said they would not support the United States in any such “aggressive war.”

The defence attorney, Mr Harry Sacher, claimed to-day that President Truman had resorted to “unconstitutional conduct that deprives the defendants of their right to a fair, trial ” More than 400 people paraded outside the courthouse in an orderly demonstration organised by the Civil Rights Congress. They chanted: “ You can’t gaol democracy” and “No Wall Street war.”

Extra police were on duty outside the court but they did not interfere with the demonstrators.