Evening star., 1949-06-08
Prosecution Passes
Cafes New Refusal
To Answer Question
By the Asseciotsd Press

CI1lIl1Gllt Stl1l ID tlabn4S hlOAbIC 6Ck-
ting answers from John Gates,
Communist editor. one Of IL top
Red leaders on trial on charges
of conspiring to advocate the forci-
BILE overthrow of the Government.
He won't talk about his party
associates.
Although serving a 30-day jail
sentence for refusing to answer a
question about fellow Reds, Gates
yesterday again baked at a SINH
lar query.
| This time. the prosecution let
the matter pass "for the present" :"
But the issue. which already has
slowed the trials tempo and re-
suited in the falling of Gates and
two others. appeared likely to bob
up again to snarl the proceedings.
, Prosecution Upheld.
Gates, editor-in-chief of the
Daily Worker. contends that to
give Information about party
members not on trial would make
him a stool pigeon" cost some
people their jobs. and degrade
him.
The Government contends that
when a man takes the witness
stand in his own behalf, he can't
choose the questions he wants to
answer about himself and his
associates.
Federal Judge Harold r. Medina
has upheld the Governments
position.
Meanwhile, an early ruling
possibly today-was expected from
another Federal judge on a request
to readmit to bail two defendants,
Gus Hall and Henry Winston.
Hall. Ohio State chairman for
the party. and Winston, its organ
national secretary, were ordered
jailed last Friday for the balance
Of the trial after they vehemently
protested Judge Medina's sentenc-
ing of Gates.
Briefs Awaited.
The three are being held in the
Federal House of Detention, except
during trial proceedings.
Judge Vincent L. Leibell said he
would give prompt decision" on
the bail request as soon as attor-
neys submit briefs.
Gates already has lost an ap-
peal for readmission to bail.
Left-wing groups. which have
strongly protested the jailings,
staged another demonstration late
yesterday. It attracted q crowd
Of $500 to Union Square in down.
town Manhattan.
Speakers bitterly attacked Judge
Medina.
The question that Gates refused
to answer yesterday came while
he was testifying about his days
as a Communist Party official in
youngstown, Ohio, in the early
1930s.
did you ever rent living quar-
ters from a Mr.. De Vincenzo In
Youngstown" asked United States
Attorney John F. x. McGohey.
After long pause. Gates said:
II refuse to answer that Ques-
ton because it would place the
livelihood of that person in
jeopary and 1t would jeopardize
my privileges under the Fifth
amendment of the Constitution"
you mean 1t would tend to in
criminate you?" Judge Melina
asked.
Eyes. and it would degrade me
as we'll" said Gates.
"Ill take that answer-for now
said Mr.. McGohey.
Subsequently, Gates said, I'll
can't recall" in response to a
long series of questions about
statements he made on applica-
tions for relief in the depression.
After one such reply. Judge
Medina interjected, lis that the
best answer you can give?"
"It is the most truthful answer
I can give" the witness said.
Gates testified that funds COL
lected in Youngstown paid his
passage to Spain to fight in the
Republican Army in the civil war
He said he contributed to the
funds himself.