HABEAS CORPUS PETITIONS

Dominion, Volume 35, Issue 259, 31 July 1942, Page 5

HABEAS CORPUS PETITIONS

Sabotage Trial ONE TURNED STATE’S WITNESS?,

(By Telegraph.—Press Assn.— Copyright.) WASHINGTON, July 29. Habeas corpus petitions on behalf of seven of the alleged German saboteurs have been formally presented to Justices of the Supreme Court. The eighth man accused, George Dasch, is reported to have turned Government witness. Defence counsel has submitted that President Roosevelt’s proclamation denying accused’s access to the civil .courts is totally invalid and unconstitutional. Counsel conceded that all eight accused men attended a school near Berlin and received instructions and directions for sabotaging manufacturing and transportation facilities, but declared that all accused denied that they came to the United States to commit sabotage.

No Immediate Pifiu. The defence petition said accused were directed not to commit sabotage within 90 days of their arrival in America, to go unarmed and- not to kill or injure any individual. They brought certain explosives which they buried on the seashore. At the time of their arrest, they hud not made plans for committing any sabotage. The defence counsel acknowledged that all petitioners were citizens of the German Reich, except Hans Haupt, who had acquired United States citizenship through his parents’ ' naturalization. Haupt contends his citizenship was not lost. He denied that he took any oath of allegiance to Germany, or joined the German Army or the Nazi Party. Instead, at all times, he intended to return, to America. On his return, Haupt applied for a job and registered for the draft, and never intended to commit a. crime against the United States. The prosecution said accused were recruited by an officer of the German High Command for training in a special school for sabotage work. They were also trained in the use of secret writing for communication to Germany and among themselves in the United. States. On the conclusion of their training, the German Government contracted to pay them for acting on its behalf, and transported them to the United- States by submarines of the German Navy. On the submarines, all wore fatigue uniforms'of tlie German marine infantry, and were told that if captured in their uniforms while landing, they would be treated as prisoners of war, and that, if not captured immediately, they were to change into American civilian clothes. Both submarines escaped United States naval and- other patrols, and landed the petitioners under cover of darkness. Three of the petitioners and Dasch landed near Amagansett, Long Island. The others landed at Ponte Vedra, Florida. Each group brought ashore boxes of explosives, incendiaries, fuses, detonators, and timing devices, and buried them in the sand near the landing points. Within a fortnight after they landed, and while in civilian clothing, all seven petitioners and Dasch were taken into custody by the Federal Bureau of Investigation. Access to Courts. Mr. Justice Jackson asked defence counsel why accused did not constitute an invading force. Counsel explained that the prisoners contended they used that method.to escape from Germany, but even if accuseddid constitute an invading force,. they contended they were still entitled to access to the civil courts. Mr. Justice Jackson insisted he could, not'understand when an invader received the right to enter the civil courts. Counsel: When he enters the community. Mr. Justice Reed: Does that mean that every spy has a right to the civil courts? Counsel said he would not, but expressed the opinion accused were nor charged as spies. Mr. Justice Jackson then interposed the hypothetical case of a regiment of soldiers marching into the JJnited States, and asked whether they would have rights to the civil courts. Counsel said they would not, because they would be prisoners of war, but the seven petitioners had lost the right to be so treated because they took off their uniforms. Mr. Justice Jackson: Did accused go to any agency and say, “Thank God we got away from the Germans,” and tell where the explosives were buried? Counsel: No, sir; otherwise this case would not be here. The prosecution disclosed that Haupt was decorated with the Iron Cross for service aboard a blockade-running ship on which he returned to Germany from Japan. Haupt landed in Florida on June 17, went to his former home in Chicago on June 22, and actually called at the offices of the F. 8.1. and explained lie had not registered for the draft because he had been in Mexico for the past year. Haupt admitted thus lying and did not tell the F. 8.1. about the eight men because he was nervous and afraid, but intended to expose his companions after July 6, the date on which the leaders, Dasch and Keeling, were to meet in Chicago. The Attorney-General, Mr. Biddle, said that all nations traditionally in time of war denied to belligerent enemies access to their courts. The bulwark of American civil liberties was hardly meant to shelter armed invaders sent here by the enemy in time of war. These men were paid agents of the enemy who came to the United States dressed in the uniform of the German marine infantry. Mr. Biddle contended that citizenship was not a factor. “The essential element,” he said, “is that all seven are enemies of the United States. Enemy aliens have no right to sue or enter the Courts of the United States in these circumstances.” Earlier, Mr. Justice Byrnes commented to defence counsel: “Your contention is that if Hitler and seven German generals landed on the banks of the Potomac, not in uniform, they would have all these civil court rights -you contend for these men? , , . - Counsel: Yes, we must ami do contend that. The Supreme Court went into recess after six hours of the hearing and announced that it will reconvene at noon tomorrow to continue the arguments.

U.S. FASCIST LEADER Lindbergh To Be Called At Trial (Received July 30, 5.30 p.m.) INDIANAPOLIS, July 29. At tin? trial of Polley, the American Fascist leader, the prosecutor quoted Polley’s biography of himself: “In 1929. an oracle requested me to found the Silver Shirts as soon as an Austrian painter seizes power in Germany.” He further quoted Pelley’s writings demanding the "ousting of the shepherd of the Jew, Roosevelt.” Defence counsel intends to call witnesses, iucluding Lindbergh.