Evening star., 1949-10-21
Ten RedsGiiven
5-Year Terms;
.0neGets Three
Medina Sentences All
OF Defendants to Puy
$4,000 Fines Also
BULLETIN


NEW YORK (P).-Ten top
ranking American Communist
leaders today were sentenced to
prison for five years each for
criminal conspiracy to teach
the overthrow of the United
States Government by force.
The 18th, Robert G. Thompson,
a decorated war veteran, was
sentenced to three years. Fed
eral Judge Harold r. Medina
also fined each defendant $10,-
000-the maximum.
By the Associated Press
NEW YORK, Oct. 81. The
Government today recommended
10 years Imprisonment for each
of the II convicted Communist
leaders.
The recommendation was made
by United States Attorney John
F. x. McGohey. He made no rec
ommendation for a fine. The law
makes a $4,000 fine possible in
addition to the prison sentence.
This suggestion to Federal Judge
Harold R. Medina came one week
after the top leaders of the Amer
ican Communist Party were con-
victed of conspiracy to teach the
forcible overthrow of the United
States Government.
Says Longer Term Applies.
Mr.. McGohey contended the law
revision cutting the possible prison
terms for the II defendants from
10 to S years does not apply.
Mr.. McGohey said the crime
charged in the indictment of the
Communists-conspiring to teach
forcible overthrow of the United
States Government-was commit
ted before the law was revised last
year.
1T is clear and explicit" he told
Judge Medina, that the revision
in l948 does not in any way affect
the 10 years maximum penalty"
Shortly after he had assembled
to the bench at 1886 am, the
judge had denied all defense mo-
tions for arrest of judgment, for
10 new trial and for acquittal.
Then he gave each lawyer and
each. defendant the opportunity
to make a statement.
Dennis and Davis Speak.
Eugene Dennis, general secre-
tary of the Communist Party, and
Benjamin J. Davis, jr., Negro CO.
defendant, made the statements
on behalf of all the others.
They denounced the trial as
a frame-up and declared the
Communist Party will survive.
Then United States Prosecutor
McGohey read a summary Of the
career of each defendant prepara-
tory to recommending sentences.
Il don't say they could prob
ably overthrow the Government.
but they will attempt to do It,"
MI. McGohey said in recommend
ing the maximum prison SEN
tence.
He said the II men and Will
liam z. Foster, chairman of the
party who was also indicted but
obtained a severance because of
illness. ruled the party.
Il therefore recommend a SEN
tence of 10 years for each de-
fendsnt." he said.
Mr.. McGohey's recommends
ton followed old provisions Of
the Smith Act, under which the
defendants were indicted. Last
year the act was revised making
maximum punishment five years
and keeping the fine at $4,000.
Judge Partly Agrees.
MI. McC1Oney argued the De.
PENDANTS committed their acts
while the original provisions Of
the law were in force.
Judge Medina said he agreed
with Mr.. McGohey "in the strict
matter of the law"
But Congress intention must
be kept in mind, he continued.
The defendants are Henry VIM
ston, 35. Negro, party organiza-
tional secretary; John William
son, 46, labor secretary; Max
Winter, 43, Michigan State chair
man; Davis, jr., 46, Negro, New
(See COMMUNISTS, Page A-3.)