Evening star., 1936-12-08
i. s. FRAUD TRIAL
PLANS EXPEDITED
IN JUROR DECISION
Supreme Court Declares
U. S. Workers Can sit
in Crime Cases.
ACT PASSED LAST YEAR
Is HELD CONSTITUTIONAL
Two Silvermans, Ryan and Will
liams Expected to Face Charge
at Early Date.
BY JOHN ii. CLINE.

Plans for an early trial of four men
under indictment in connection with
an alleged plot to defraud the Govern
ment in the War Department lobbying
case were being made today as result
Of the Supreme Courts ruling yester-
day that Federal employees can be
qualified as jurors in criminal cases.
The high courts decision upheld
constitutionality of a congressional
statute passed last year to lift the ban
on Government workers as criminal
jurors merely because they are en-
ployed by the United States or the
District. 1t has been estimated the
ruling affects approximately 100000
| prospective jurors
AS a result of the decision, it was
understood, United States Attorney
Leslie c. Garnett will move imme-
diately for the trial of Joseph Silver
man, jr., his brother, Nathan Silver
man; Thomas jefferson Ryan, formerly
a member of Congress, and former
Brig. Gen. Alexander E. Williams.
They are charged with keeping Frank
E. Speicher, automobile tube salesman,
away from the House Military Affairs
Committee when he was wanted as a
witness
Trial Held Up by Garnett.
Gen. Williams was dismissed from
the Army for allegedly accepting a
$4,000 loan from Speicher.
The personnel of the grand jury that
returned the fraud indictment in
cluded several Government workers.
After the Court of Appeals had de-
clared unconstitutional the law quail
flying them for jury duty, Garnett de-
cided to hold up trial of the case until
the Supreme Court could announce it,
decision.
The to opinion Of the court was
delivered by Chief Justice Hughes in
the case Of Raymond Wood, found
guilty of petty larceny in the Police
Court by a jury composed in part Of
Government workers.
Contending the presence of the Fed
eral employees deprived him of his
right to a trial by an impartial jury,
since the Government was a party to
the case, Wood appealed to the Court
Of Appeals, where the conviction was
set aside.
After discussing the historical back
ground of the qualification of jurors,
Chief Justice Hughes, in his opinion,
asked:
why should 1t be assumed that
jurors. merely because of employmens
by the Government. would be biased
against the accused? In a criminal
prosecution the Government is acting
simply as the instrument of the public
in enforcing legal laws for the protec-
ton of society. In that enforcement
all citizens are interested. 1t is diff.
cult to see why governmental ems
ploye, merely by virtue of his employ
ment is interested in that enforce
ment either more or less than any good
citizen is or should be-"
Full Inquiry Permitted.
After pointing out that the law re-
moving the disqualification permits
full inquiry for the ascertainment Of
actual bias on the par of a juror.
who may be barred from service If bias
is shown. the Chief Justice added:
1T is suggested that an employe Of
the Government may be apprehensive
of the termination of his employment
in case he decides in favor of the ac-
cused in a criminal case. Unless the
suggestion be taken to have reference
to some special and exceptional case,
it seems to us far-fetched and chi-
merical. 1t does not rise to the dig
nifty of an argument to be addressed
to the power of Congress to provide
reasonable scheme with respect to the
qualifications OF jurors"
In conclusion. he said:
Nor are we impressed with the con-
tention that the qualification of gov
ernmental employees for jury service
in criminal cases in the District will
impair the public respect in which
the processes of the law should be
held. On the contrary, we think that
the spectacle of the exclusion en-
masse from that service of a body
of citizens otherwise highly desir-
able in point of intelligence and
character-solely by reason Of their
employment by the Government
and the imposition in consequence Of
a heavier burden upon other citi-
zens, whether that exclusion would be
in difference to q supposed ancient
rule or because of conclusive pre-.
sumption of bias against an accused.
would constitute a serious reproach
to the competency and efficiency Of
the administration of the system Of
| jury trials"
Application to Pensionaires.
The ruling concerning Federal
workers also was made applicable to
those receiving pensions and gratuities
from the Government.
| Associate Justices McReynolds, But
ler and Sutherland dissented, holding
the Wood case was controlled by the
Supreme Courts decision in the Craw-
ford case. in which conviction was
set aside because the trial Judge seated
as q juror a clerk in charge Of q
subpostal station in a drug store.
That case, however, involved q prose-
cution for q conspiracy to defraud
the United States In relation to .
contract with the Post ONCE Depart.
tment.
The ruling disposes of questions as
to the eligibility of jurors raised in
two important convictions obtained
here during the last year. These were
the conviction of Samuel s. Mont
gomery and 16 eo-defendants in the
largest liquor conspiracy case uncov.
cred here since repeal, and the con-
viction Of Morris E. (Dutch) Irwin.
well-known gambler. on gaming