Evening star., 1948-08-16
Jury stature 10 |ndicI
u. 5. Employees Seen
Explained Eventually
Circumstances Listed
In Cuses Where Aid to
Russio Was Charged
By David Laurence


no indictments were made. Until
then, information from authorita-
tive sources can be pieced together
somewhat as follows:
I. The recent presentation of
evidence was made contrary to the
wishes Of the Federal Bureau of
Investigation, which did not believe
the case was sufficiently constructed
to assure convictions and urgeo
that more time be permitted for
"undercover" investigation of GER
tain witnesses.
2. The FBI was not advised of
what evidence was presented to the
jury, which Is contrary to practice
In cases of such magnitude and
Nationwide importance, especially
since the work of inquiry by the
FB1 was to continue.
3. Assistant Attorney General
Quinn, who handled the case on
instructions from Attorney General
Clark, is believed to have wanted
to request indictments, but is said
to have been overruled on the
ground that convictions could not
be obtained.
Ferguson Makes Comment.
4. Although nobody outside the
Jury room is entitled to know what
the individual grand jurors did or
said, rumors have been current here
that the grand jury wanted to in
dict and would have done so had
there been any encouragement from
the Justice Department.
S. Senator Ferguson, Republican,
of Michigan, chairman of the Sen
ate committee investigating laxity
In checking up on disloyal persons
in Government service, has publicly
declared that the grand jury
should have issued a public pre-
sentiment describing the testimony
and stating why no indictments
were returned. This would have
disclosed the weaknesses in the law
or in the chain of evidence as a
basis for legislation.
g. The claim of President Truman
that the evidence was insufficient"
to bring indictments is now believed
to be based chiefly on the inability
of the prosecution to show that the
information transmitted to spies
actually went to the Russian gov
ernment or, if it did, that the Fed
eral employees involved knowingly
and willfully transmitted the infor-
nation for that purpose.
iS oil fo ,@royya
"intent" under present laws. This
reveals weakness which it is the
duty of congressional committees to
investigate and report on to Con-
gress so stronger legislation can be
passed enabling the Government to
purge its rolls Of the disloyal.
Hearings Were, Called.
T. Refusal of the executive agen-.
cies of the Government to cooper
ate with congressional committees
has resulted in hearings in which
some innocent persons have been
injured, but it also is true that, by
reason Of the technicalities raised
in connection with the grand jury
investigation by the executive
branch of the Government itself,
some guilty persons have escaped
punishment.
8. Refusal of certain witnesses to
answer simple question as to
whether they were members of the
Communist Party or whether they
ever met the self-confeSsed spy,
Miss Elizabeth Bentley, has raised
doubts in the minds of members of
congressional committees concern
ing the total innocence of some of
those witnesses who now claim i'm
munity from answering on consti-
tutional grounds.
g. Examination of such evidence
as has been made public by Miss
Bentley-Who testified under oath
that her story has been checked by
the FBI and that the latter agency
now has the 1000 she received from
the Russian government in reward
for her spy work-does not reveal
all that is known to the FBI about
the transmission of information in
unauthorized ways by Government
employees.
Laxity Seen Inexcusable.
10. The fact that the Russian gov
ernment knew in advance through
top-level channels that the Nor
mandy invasion would be launched
in June 1914 does not excuse the
laxity of employees in transmitting
that information to persons whose
- l1;t Hyytf ~4h
ments they now claim were not
known to them. The NaziS used
Russians as a front" for their es-
pionage work during the war, and
the mere fact that an official was
talking to Russian did not mean
he was talking to an ally"
II. The failure of the Truman ad-
ministration in the year 1948 prop
erly to check on the appointment
to a high post Of man who had
been under scrutiny by the FBI and
had resigned from the Navy under
circumstances that indicated it was
not entirely voluntary on his part,
brings the problem up to date and
poses the question as to why such
an individual was this year put in
charge of issuing licenses for the
export of goods to Russia while the
cold war" with the Soviets was
going on.
Two congressional committees will
pursue the inquiries this autumn
despite Mr.. Trumans effort to
squelch them by crying out poll
tics" and red herring" One thing
the American people may be sure
of is that there will be a revelation
of the complete story some time
after next January If the Republi-
can administration Is elected ano
cleans house by going through ali
the available files. Reasons for the
strange handling of the whole case
then will become known.