Evening star., 1948-04-14
Defense Tactics
Slow Up Lewis
Contempt Trial
Attorneys Object to
Government Evidence;
Not Guilty PIeo Filed
By james Y. Newton

The contempt trial OF John l..
Lewis and the United Mine
Workers dragged through a two
and-one-half-hour open session
in District Court today after the
defendants had pleaded not
guilty. Their attorneys slowed
proceedings by objecting to
every bit of evidence the Gov
ernment sought to introduce.
Opening session of the trial be-
fore Justice T. Alan Goldsborough
saw Justice Department attorneys
present three Federal officials to
show the effect of the soft coal
strike on the Nations domestic
economy and efforts to aid Europe.
Mr.. Lewis and the UNIV are on
trial for both civil and criminal
contempt resulting from charges
that they failed to obey a court
order to call of the strike. 1t was
the second appearance of Mr.. Lewis
in court within IS months on virtu-
ally the same charges.
Dismissal Motion Rejected.
Welly K. Hopkins, head of bat
terry of Lewis attorneys, lost mo-
ton early In the proceedings to
dismiss the charges against Mr..
Lewis and the union. Then, as the
trial proceeded. he challenged near
ly every statement and figure pre-
sented by the three Government
witnesses designed to show the Grip
pling effect of the coal strike on
the country.
Justice Goldsborough overruled
nearly every one of the objections.
and at one point told Mr.. Hopkins:
1.-THE court thinks you are kicking
the Government on the shins, but
60 ahead"
The three witnesses presented at
the morning session, which was
recessed for an hour at 1890 pm.
were DR.. w. H. Young of the Federal
Bureau of Mines, v. Lewis Bassie,
Commerce Department official, and
Chairman Nelson Lee Smith Of the
Federal Power Commission.
At one point in the trial, Justice
Goldsborough described the i'm
portant issues before him as in
volving determination whether the
court back-to-work order had been
obeyed, the legitimacy Of the strike
restraining order and the effect Of
any disobedience on the national
welfare.
Court Room Packed.
Mr.. Lewis fianked by a half dozen
attorneys, arrived Is minutes early
for the trial which started promptly
at 10 am. s-@vs.sl-zs--, <.
A long line of spectators was still
trying to get into the jam packed
court room more than an hour
after the trial began. It was in the
same courtroom and before the
same Judge that Mr.. Lewis and the
UNIV received fines of $4,000 and
81, 100000 on similar offences
18 months ago The Supreme Court.
in upholding Justice Goldsborough's
conviction, later reduced the unions
fine to 100000.
A public address system was used
in the court today so the half
hundred reporters could hear the
proceedings.
Mr.. Lewis sat impassively, some
times with his eyes closed, as the
trial proceeded
The Justice Department attorneys
were headed by Assistant Attorney
General H. Graham Morrison.
DR.. Young First Witness.
DR.. Young described the drop in
soft coal production during the
strike, showing output at about 10
per cent of normal.
Mr.. Morrison iiltroduced various
documents connected with Govern
ment efforts to end the strike.
caused by a dispute over pensions
for miners. Included were a re-
port prepared by President Tru-
mans special board of inquiry,
which blamed Mr.. Lewis for the
strike. and the Presidents letter
directing Attorney General Clark to
ask for an injunction against the
strike.
DR.. Young attempted to introduce
dsta showing the UNIV miners all
left their jobs at about the same
time. Justice Goldsborough ruled
out the evidence as "hearsay.'
The testimony was intended to
support the Governments con-
(See COAL, Page A-6)