Evening star., 1936-03-26
COURT T0BE ASKED
TO CLARITY RULING
ON JURY SERVICE
Attorney to Seek to Prevent
Trial of Four in Army
| Lobbying.
GOVERNMENT EMPLOYEES
ON PANELS QUESTIONED
Appeals Tribunal Invalidates
New Statute in Its Applica-
tion to Petty Juries.
BY WILLIAM S. TARVER.

A new test of the District jury law
to determine whether Government
employees may serve on grand juries
probably will be instituted this week
in the United States Court of Appeals,
which yesterday invalidated the stat
ute in its application to petty juries.
Attorney William E. Leahy said he
would ask the appellate tribunal for
a writ prohibiting trial of the four
men who were indicted for conspiracy
recently following two-year War De-
partment lobbying investigation.
He said he felt such a procedure
advisable since various interpretations
of the Court of Appeals opinion have
left uncertain whether Its ruling ap-
plies to grand jury service.
Grand Jury Again Meets.
The grand jury, whose activities
were suspended Immediately after the
ruling. was sitting again today, but
was understood to be considering only
Jail cases. The purpose of this was
to permit persons now being held to
obtain a speedy trial if they wish to
waive their right to challenge their
indictment.
The decision was made in the ap-
peal of Raymond Wood from Police
Court conviction of petty larceny. 1t
held that the presence of two Govern
ment employees and one pensioner on
the trial jury violated the defendant S
;rh ha OF ayVanr1dr,oanf
fair and impartial trial.
Confusion on Ruling.
In the confusion which greeted the
courts ruling no authoritative inter-
pretation was available as to whether
service Of Government workers on
grand juries was, by analogy, also
unconstitutional.
The petition for writ of prohibi-
ton. which Leahy has said he will
| file. should settle this question.
The case involved concerns an in
dictment against former Brig. Gen.
| Alexander E. Williams, Thomas j.
Ryan, a former member of the House
! of Representatives from New York,
and the Silverman brothers, Joseph,
| jr., and Nathan. Army surplus goods
dealers. They are charged with con-
| spring to prevent Frank E. Speicher,
an automobile inner tube salesman,
testifying before the House Military
Affairs Committee.
The new jury service statute was
passed August %, 1885. and became
effective with the beginning Of the
Fall term of court, October !. II
permitted, for the first time, service on
juries of persons receiving compensa-
ton from or having contracts with the
Government.
Hundreds Convicted.
Under it 1853 indictments have been
returned and hundreds of persons have
been convicted by juries which in
! cluded Government workers.
Although the weight of opinion in
legal circles was that only those who
challenged the validity Of the law
during their trials may avail them
selves of the appellate courts ruling
petition was filed in District Su-
preme Court late yesterday which, II
successful, would make voidable al
most every conviction obtained since
october !.
Raymond Hawkins, convicted re-
Gently with Is others in liquor con-
spiracy case, asked through Attorney
Horace o. Pollard for writ OF habeas
corpus. In this manner he sought to
obtain his release without recourse
to the Court of Appeals. A hearing
| on the writ is scheduled for Friday.