The Archive · 1940

Motion to Acquit Earl Browder Denied

Communist Leader in U.S — Now on Trial

New York, Jan. 18.

Judge alfred C. Coxe yesterday denied two defence motions for the acquittal of Mr. Earl Browder, United States. Communist leader, on the opening day of his trial on charges of falsification of passports.

The defence attorney asked for acquittal on the grounds that the indictment was "vague" and that statute limitations had expired. Judge Coxe took the arguments under advisement. Judge Coxe also denied a total of seven motions for dismissal involving technicalities.

Conviction would make Mr. Browder liable for a possible maximum penalty of 10 years' imprisonment and $4,000- fine.

The jury was selected yesterday morning and was completed, with the exception of-the selection of an alternate juror, after an hour of questioning by the defence and the prosecution. The defence attorney attempted io seek out those talesman with ideological prejudices, During the questioning, in the course of -which one talesman was excused after an anti-Communist Ser spe&eh, Judge Coxe warned the panel Of T$ men and women that the trial is mot concerned with "extraneous matters", but is concerned merely with the alleged illegal use of a passport.—United Press.

Text read from the printed page and cleaned; old type leaves the occasional error.

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