A large claim, once $271,000 in five months, due to an anti-draft activities. Chicago.—An attempt by the defense in the trial of 112 leaders of the Industrial Workers of the World to bar from the record tons of printed matter seized in the government's raid last fall met with defeat today in a ruling by Federal Judge Landis for the third time in two days. On the grounds that no material proof had been presented that the huge mass of evidence seized at various points in the country and forwarded here was actually taken from branch offices of the organization, defense counsel asked that all of it be thrown out. "By our generous cooperation with opposing counsel, we have saved the government thousands and thousands of dollars," said George F. Vanderveer, counsel for the defense. "But in this case, witnesses should be called to substantiate the government's claim that the matter was seized at the points indicated." "I deny counsel's statement that this cooperation has been generous," retorted Frank Nebeker, government prosecutor.  "This is merely a move to compel expenditure of thousands of dollars additional by the government in bringing witnesses from all parts of the country on a technical ground."
Government counsel said the defense had played its third and last "trump card" in the battle to bar seized letters and documents. 