The Wilmington morning star., 1947-01-21
As Pegler Sees 1t
WEsTBROOK PEGLER
wright bv King Features Syndicate, Inc.

WESTBROOK PEGLER
fCopvright bv King Features Syndicate, lnc.)
NEW YORK. Jan. 2o.-The acquittal of Joe
Fav the vicious union racketeer and pontl-
clan of the Frank Hague adherence, actually
was no surprise to those who followed with
a knowing intelligence the awkward prosecu-
tion in Judge Thomas F. Meaney's Federal
Court in Newark, N. j. Still it was a shock
because it was hard to believe that anything
so raw could happen in a Federal court.
The shock struck Tom Clark, the Attorney
General, in Washington, who could nave pre-
vented II all, however, by relieving Edgar H..
Rossbach, the United States Attorney, and
sending in a man from outside.
81 think it was a-damned outrage" Mi.
Clark said and announced that noW, with the
damage done, he was sending a man from
| Washington to investigate Rossbachs office.
Fay was tried for cheating the government
out of $118, 879 which he owed as income tax
on brides and tribute received from contrac-
tors on great construction JOBS financed large
ly by the federal treasury.
Before the farce began, attention was called
to the fact that Fay. the defendant, Judge
Meaney and Rossbach all were member Of
the Hague local of the democratic party. This
gang has been described in harsher terms
bv many other members Of the same party.
These three were members not only OF the
same local lodge but members OF a small
ruling circle whose political and social inter-
ests are intertwined.
Meaney and Rossbach had their chance to
disqualify themselves and ask Clark to send
in men with nc local connectins. In doing so
they would not have impaired the prestige OF
the court or the U. S. attorneys office. They
elected not to do SO.
Mr.. Clark's attention had been directed to
the case after it was assigned to Judge Mean
ey. He expressed confidence in Judge Meaney
both during and after the trial and other
qualified persons exonerated Meaney of any
appearance of dirty work on the bench. One
legal observer who had reasons to view his
conduct with a skeptical eye found no fault.
Mr.. Clark openly declared his displeasure
concerning the presentation by Rossbach,
however. His inquiry, if it is made In good
faith, must call upon the agents of the Treas
ury, who prepared the case and handed 1t
to the Department of Justice for prosecution,
to tell how much time Rossbach spent with
them going over the governments evidence.
Rossbach might be asked whether he avail
ed himself of the material prepared for the
,ross-examination of Fay in his trial in New
York on charges of extortion. Fay was con-
victed here by District Attorney Frank S. Ho-
gan and sentenced to serve from 8 IL to is
years in prison. He did not dare take. the wit
ness stand against Hogan, who had prepared
a list of questions about two inches thick DEAL
ing with criminal, vicious and immoral acts
of his past career. He did take the stand IN
Newark. Rossbach could have gone into Fay s
old arrest in Newark on a charge of imper-
s~onating a federal officer and shaking down
bootleggers in collision with a New Jersey
policeman. He could have brought out that
Fay viciously slugged David Dubinsky, the
president of the International Ladies Gar
ment Workers Union, at the annual conven-
ton of the American Federation of Labor in
New Orleans several years ago, and the rea-
son for the assault. The reason was that Du-
binsky had offered a resolution which would
have excluded Fay from union office.
Rossbach could have brought out that Fay
once was thrown out of the AT. of L. for en-
gaging in the construction industry while he
was also ruling unions Of men engaged in
that industry. By what process he got back
into the union racket, the public does not
know. He could have examined Fay On his
indictment in Syracuse, N. Y, for smuggling
and kicking another union COON named Or
vile Warner, Of Rochester, and breaking his
jaw. In that case, Warner conveniently dlsap-
peared when the trial was called, and Fay
was dismissed when the case might have been
continued. Warner then reappeared in his old
union job in Rochester. Shortly afterWard,
Warner bought a fishing camp and saloon.
Rossbach did refer to Fay's conviction by
MI. Hogan but he did not take advantage OF
his right to go into all the facts which would
have further revealed Fay as a vicious char
acter.
And Rossbach sat in his chair during the
cross-examination. a passive attitude robbing
the examination OF force.
The most glaring incident of the trial was
the discovery that Rossbach had permitted a
juror to be accepted who had been a member
of one OF Fay's own local unions until four
months ago and whose three nepheWs still
were members. This juror is now a ~contrac-
tor in a small way and owns an excavating
machine which he can operate only by Fay's
favor. Here was a juror placed in a position
to give a "1air' verdict on a man who could
ruin him in business simply by refusing to let
any union man work on his jobs, and take re-
venge on his relatives.
It is almost universal practice among pros.
e%cutors and defense attorneys in big cases
to make thorough investigations of the men
and women called for jury duty. They look
into their past associations, learn who their
friends are, where their relatives are en-
ployed, and what clubs and fraternities they
belong to.
Yet, Rossbach, with the F.B.I. his to com.
mand for such inquiry and with an extra,
ordinary personal knowledge of the people Of
his federal district. accepted this Juror. Anc
when the facts were exposed, which caused
the court to excuse him and proceed with
> eleven jurors, it was not Rossbach who dis
covered them. but Jack scully, a reporter or
i the Newark Evening News.
Later. evidence turned up that one woman
jurors. husband was employed by the munich
:, pality OF Jersey City as p tax appraiser. usual
, 1y a political job. and drew ''substantia,
sums" from the very capitol OF the Frank
Il an Juror was a sister Of a captain of the
Bayonne Fire Department. where Haoue,,