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| | te 1. o ena AP IO GO CTR: PU ST He I HE NEES ors tions, nothing more- was TREASON QUESTION BEFORE HIGH COUR Continued From Page ft than that some conversations ac-|curring in Middlesex Coumiquhgre; curred. In other words, merely/he fook the wherry. But the jus- meeting and talking with anitices denied this by saying that enemy would not be giving ald andjany part of the attempted journey comfort. Ags to the false atate-|wa atresson. ments, the defense saya there was) “It is high treason wherever he Bo (Proof hat these furnished aid went” seid Lord Chief Justice . and comfort, the only allegation; H “ taking water at Sur- senting the Federal Government, (being that they were 0 intended. rey Stairs in the County of Middle- and Cramer defended by Harold R.| The Government, however, as-sex will be as much high treason, Medina, chairman of the New/serta that any act which was part|as the going s ship-bo York Cityy Bar Association and|of a scheme or plan to supply aidjrey, or being found on ship-board Law Professor at Columbia Uni-|80¢ comfort was a sufficient actjin Kent, where the papers were . of treason, however innocent and/|taken.” versity, Mr, Medina, appointed by) rmeiss it might appear of itself. Under the Constitution treason consists of levying war against the United States “or in adhering Judge Knox to act for Cramer in the trial court, witheut fee, has been engaged in the task since that time. When the important matter came before the nine justices in March, every one asked pointed questions, and their interest in the basic is sues was so intense. that they or- dered a reargument. The court directed Mr. Fahy and Mr. Medina to submit briefs and contentions defining the constitutional mean- ing of “Treason,” and Acts,” as applied to the case and details concerning the requirement that two witnesses must testify to the “same overt act.” Cramer, and German-born American cit- izen, was indicted for giving aid and comfort with treasonous in- tent, to Werner Thiel and Edward John Kerling, two of the saboteurs who landed near Jacksonville and were subsequently executed in this city. As to two of the “overt acta” it was stated that Cramer confer, treat and counsel with" Thiel alone, on June 23, 1942, in New York City at the Twin Oaks Inn, Lexington Ayenue and Forty- and Thompson's fourth Street, Cafeteria, on Forty-second Street, between Lexington and Vanderbilt and Kerling together at the same Places. A third “overt act” was an Avenues; and with Thiel accusation that Cramer gave false statements to FRI agents for the purpose of concealing Thiel's iden- tity and sabotage mission. Contentions of the Defense But Mr. Medina contends that! aince the Government offered ‘'no proof whatever’ of th t matter of the restaurant raa- “Overt 44-year-old mechanic “did comfort.” No person shall be éon- victed of treason “unleas on the testimony of two witnesses to the same overt act or on confession in open court.” The maximum pen- alty is death, but Cramer was sen- tenced to forty-five years and a $10,000 fine. , History of “Preston's Case” “Lord Preston's case,” the Gov- ernment states, is “a significant landmark in the law of treason,” while Mr. Medina saya it is the first fully reported case of adher- find. The British nobleman, with others, hired a small boat in 1660 to take them to another boat for France, then at war with England. They were caught, with papers in- forming the French how beat te invade Erjiand. Before the English court, Lord Preaton argued that no overt act to|many examined. In 1686 Captain] their enemies, giving them ald and Vaughan was indicted for accept-|; ing to the King’s enemies he can]: eee ee ee eee ———————— “ther Cases Examined This case is only one of the ing & commission from the King of France to command the ship-of- war Lolay Clencarty. Sixty years Jater, Dr, Hensey was tried for treasons of “compassing the King’s death and adhering to his enemies.” The trail of Sir Roger Casement in World War I is cited. Various American precedents}: are also mentioned. In 1814 a man named Lee was charged with trea-|_ son in supplying the British with} fruits and melons and giving in-p formation on our troops. The jury, however, let Lee go free. Although this ia the first actual 't teat of the treason laws before the/} Supreme Court, the tribunal has/’ acted without comment on appeals|' of other persons than Cramer.|: One was that of Max Stephan of Detroit, who helped a German flier to escape from a Canadian prison camp, and is now serving a life sentence. late ee) This is a clipping from page New Yor of the es for. Clipped at the Seat of Government, y = wl ’ aE