Evening star., 1948-04-14
Thomas First Witness
For u. 5. in Contempt
Case Against Lawson
By Chris Mothisen

3, Chairman Thomas of the
House Committee on Un-Ameri-
can Activities was the first Gov
ernment witness, today In the
District Court trial of Film
Writer John Howard Lawson on
Charges Of contempt of Con-
gress.
MIR. Thomas read into the record
excerpts from the official transcript
covering Lawson's appearance last
October 27 at the committees hear
ing on Communist infiltration of
the motion picture industry.
The 53-year -old scenarist Is
charged with refusing to answer a
question as to whether he was a
member Of the Communist Party.
A jury of eight women and four
men was chosen to hear the case
after the defense had exhausted its
three peremptory challenges and
had obtained disqualification Of two
other prospective jurors when they
admitted they had formed opinions
IN the case. The Government used
one peremptory challenge.
Six of the jurors are colored.
Hitz Makes Opening Statement.
In his opening statement to the
Jury, Assistant United States At
torney William Hitz said the pros
ecution would show that Lawson
had refused to answer question as
to Communist Party membership
before the House Committee at its
Hollywood communism inquiry last
October.
Mr.. Hitz pointed out that Justice
Edward M. Curran would instruct
the jury the question was proper.
Robert w. Kenny, chief of de-
fense counsel, insisted, however, he
would prove "Mr. Lawson did not
refuse to answer any question; that
he was, in fact, making every effort
to answer"
The jurors are:
Mrs. Nancy B. Sydnor, IS, 2031
Eleventh street NV, part-time Red
Cross employe; Mrs. Theresa C..
Saylor, %, of 1113 Penn street NE,
secretary; Francis J. Rackey, 80, Of
4577 Macarthur boulevard NV,
manager, office machines firm;
Hamlyn o. Potter, 81. of 412 Ogle-
thorpe street NV. carpenter: Mrs.
Katherine P. Willis, "a, of 3701 Six
teenth street NV, treasurer Of
storage firm; Joshua B. LaWings, 80,
105 Fifty-third street Sc, clerk,
yTatorope, Administration
Mrs. Charlotte H. Laguerta, 49,,
of 12f u street NV, housekeeper;
Miss Catherine L. Montague, IS, Of
1918 Pennsylvania avenue Sc, ste
nographer: Miss Timetta M. Nelson,
40, of 1444 Florida avenue NV.
practical nurse; Mrs. Edith j. Mer-
riweather, 81, of 929 Nineteenth
street NE, clerk, Federal Works
Agency; Mrs. Shirley S. Evans, 25,
of 1902 E street Sc, housewife, and
William J. Dunmore, 20, of I'LL
Sixth street Sc, truck driver.
Petition Is Denied.
The trial was in recess yesterday
afternoon, while the United States
Court OF Appeals heard argument
on the petition by defense counsel
for writ of mandamus to compel
Justice Curran to disqualify himself.
The petition was denied, the court
holding the scenarists lawyers had
not established the judge would be
biased and prejudiced in favor of
the Government, as alleged.
Mr.. Kenny argued Justice Curran
should be required to remove him.
self, because cases similar to that
of Lawson, arising from operations
of the House Committee, had been
his concern while he was United
States attorney here:
Nine other film industry figures
are to follow Lawson to trial on
contempt indictments.
In opposing the defense move in
the appellate court, Mr. Hitz filed
an affidavit by Charles B. Murray.
another assistant United States at
torney, in which Mr.. Murray said he
represented the Government alone
in the cases mentioned by the de-
fense. Justice Curran did not ac-
lively participate in the cases or
any part of them," the affidavit
declared
Affidavit Is Filed.
In announcing the courts denial
Of the petition, Justice Wilbur x.
Miller said merely the defense aff1-
davit did not meet the require
ments of the statute" covering dis
qualification of trial judges. JUS
tice E. Barrett Prettyman and James
M. Proctor heard the matter with
him.
Tax Sole Nets $4,000
Montgomery County received 500
29l 35 from the annual county. tax
sale. Treasurer John B, Diamond