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Senators Ask Excusal From Kamin's Trial

By Victor K. Mcelheny

Two U.S. Senators have asked to be excused from testifying next Tuesday at the contempt of Congress trial of Leon J. Kamin '49, their assistants announced yesterday.

Republican Senators Everett M. Dirksen, of Illinois, and Karl E. Mundt, of South Dakota, have written U.S. District Attorney Anthony Julian in Boston that they have long-standing commitments to deliver speeches next week in their home states.

Both Senators offered to testify at other times and asked whether their appearance next Tuesday was essential in support of the government's case.

Assistant Federal Attorney John M. Harrignton, Jr. said last night that he could make no comment "on pending litigation."

Assistants for the two other Republican Senators who have been asked to appear, Joseph R. McCarthy of Wisconsin, and Charles E. Potter of Michigan, said yesterday that both would definitely be in Boston Tuesday.

"Not Caught"

Dirksen's assistant in charge of his appointments, Harold Rainville, declared in Chicago that the Illinois Senator would have to cancel at least seven speeches to testify. "He's been so busy the Federal Marshal hasn't caught up with him to serve the subpoena yet," Rainville added.

Rainville said the government had apparently not considered the possibility of taking testimony from the Senators by deposition, a written document, and wants all the Senators to be present. "The government would have proposed the deposition a long time ago," he said.

Meanwhile, Kamin himself arrived in Boston yesterday to begin several days to pre-trail briefings by his lawyers Calvin P. Bartlett and John L. Saltonstal, Jr. '38.

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