Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-01-17
Trial
Tight:
Police Gordon
300 Persons Parade
In Street Outside:
Foster Is Absent
BY the Associated Press

NEW YORK, Jan. 17.-Trial of
a dozen high Communist leaders
opened today amid defense coun-
sci charges that large police
detail assigned to the trial was
"a deliberate, purposeful effort
to poison the minds of the pro-
spective jurors
/ The accusation came after one of
the largest court guards in New
York police history was stationed
in and about the Federal court
room to maintain order
The Communist defendants are
charged with working for the forcible
overthrow of the Government.
Refuses to Remove Police.
At the outset. Federal Judge
Harold R. Medina overruled de-
Tense motion that city police be
removed from the courthouse and
Its vicinity.
After arguing that the 400man
detail was an attempt by the prose-
cut on to intimidate the jury panel,
George W. Crockett, jr.. Negro de-
Tense attorney from San Francisco
said a rough count" disclosed there
were more police than spectators in
the square outside the courthouse
AN armed mob operating in uni
form under authority Of the law is
there to intimidate us" he said.
AS he spoke, an estimated 300 men
and women began parading outside
the Federal Building. They carried
no placards as they paced slowly
to and fro. Police made no attempt
10 interfere with them.
Only II Defendants Present.
Only II of the II defendants were
present as the oft-delayed trial
started.
Absent was William z. Foster. Ma
tional chairman of the Communist
Party. whose attorneys previously
had indicated would not be present
because of illness.
Judge Medina also denied mo-
ton by Harry NJ. Sacher, another
defense attorney. seeking another
90-day postponement.
After roll call of the defendants,
United States Attorney John F. X.
McGohey moved to proceed with the
conspiracy indictment against the
IL defendants present.
Trial Put OFF in November.
The trial was postponed last No
vember because Foster. 81, was SUI
fering a heart ailment.
He and his II co-defendants are
charged with conspiracy to organize
party advocating overthrow OF the
Government by force and violence.
The defendants-who compose the
National Board of the Communist
Party-face possible maximum
penalty of 10 years in prison and
$4,000 fine if convicted. They were
indicted by a Federal grand jury
last July 20 during a lengthy inves-
tigation of alleged subversive aclvi-
ties and Communist espionage. All
are free in $4,000 bail each.
The Defendants.
The defendants, in addition to
Foster, are:
Eugene Dennis. general secretary
of the American Communist Party.
Benjamin J. Davis, il, Negro
Communist member OF the New
York City Council.
John Gates editor of the Daily
Worker, Communist newspaper.
Robert G. Thompson, New York
State Communist Party chairman.
John Williamson, the party S
labor secretary.
Jack Stachel, National education
director.
Henry Winston, National organiz-
ing secretary.
Irving Potash, manager OF the
CIO Furriers Joint Council.
Gilbert Green of Chicago, Illinois
State chairman of the party.
Carl Winter of Detroit. chairman
of the Michigan State Council OF
the party.
Gus Hall of Cleveland, Ohio State
chairman.