Show II 0 Judge Rejects a Dismissal Vt Plea by Eisler isler I WASH WASHINGTON May 23 INS Federal District Judge Alexander Holtzoff Friday overruled a motion to dismiss charges against Gerhardt Gerhardt Ger- Ger hardt Eisler Elsler alleged No uNo 1 com- com In the he United States for contempt of the U e house howe un-American un activities committee Ei Eisler ler is slated to be tried beginnIng beginning beginning be be- ginning Monday for fori refusing to testify before belore the house committee on activities his as an alleged International International International Inter Inter- national communist agent gent Holtzoff rejected reject d what he termed a novel proposition by the de defense defense de- de e- e th that t. t Eisler Elsler was not required to testify since he was being In effect held as a prisoner of ot war warin in the United States Defense counsel Mrs Carol King asserted that as an Interned cIvilIan civil civil- lan Jan enemy agent Eisler was entitled entitled en en- titled to all aU the rights and privileges privileges J leges of a prisoner of war I Is As s such she told the court he was not required to give Information Information information tion on any subject whatsoever i besides his name rank and serial I number if he were a member of I the military Holtzoff ruled however that the I purpose of international rules covering covering cov cov- covering ering Interrogation of ot prisoners of war was was to protect them against being forced to lito betray their own country He added that It does not confer r any exemption against being compelled to appear as a witness be before ore a civilian tribunal Holtzoff also brushed aside a defense defense- claim that at the time Eisler Elsler was dragged down unlawfully unlawfully fully before the un-American un activIties activities activities ac ac- committee he was not a resident alien aUen but in transit travelIng travelIng travelIng travel- travel Ing to Mexico Mrs King declared that a legislative legislative legislative legis legis- committee Is authorized to Investigate questions material to the drafting of ot legislation and may call for testimony only citizens of the United States |