Evening star., 1949-10-22
II Reds File Appeals
Demanding All Rights
OF u. ). They Assai|ed
BY the Associated Press

NEW YORK, Oct. 22.-Amer-
lca's II convicted Communist lead
ers last night filed appeals on a
slim chance Of obtaining their
freedom.
Ten were sentenced to prison
yesterday by Federal Judge Har-
old R. Medina for terms Of five
years. The eleventh man got
three years. All were f1ned $10,-
600 each.
They spent more than $500 900
vainly fighting conviction during
their nine months trial for con-
spiracy to advocate overthrow of
the United States Government.
Then they launched an appeal,
asking from the same Government
they so loudly criticized all the
legal rights Of review that the
United States offers any con-
demned man.
May Go to Supreme Court.
Their formal motions for appeal
appear headed for the Supreme
Court. But it may be months
conceivably years-before the high
court gets the case. Normally the
Circuit Court of Appeals reviews
the case first.
Their last-ditch fight for free
dom began less than an hour
after Judge Medina looked down
on them from his high bench and
gave them the maximum punish
ment for their crime.
Judge Medina spared only one
He was Robert G. Thompson, who
got off with three years instead
of five. The 34-year-old New
York State Communist chairman
won the Distinguished Service
Cross for gallantry as an Army
sergeant in the Pacific War
Judge Medina eased his penalty
because of this war record.
Judge Medina refused all pleas
for bail when they asked their
freedom while their cases are ap-
pealed. He has kept the II be-
hind bars since they were con-
victed October IA. He sent them
back to Federal detention cells
after they were sentenced in the
tense hush of his packed court
room. j,
1000 Chant for Bail.
His action set a great crowd of
more than 1000 demonstrators
outside the Federal courthouse to
chanting, I'VE want bail-we want
ball"
The crowd, mainly pro- Commu-
mist, began gathering hours be-
fore the courtroom climax Of
the historic case. Shoulder-to-
shoulder, they spread across Foley
Square outside New York's lofty
downtown Federal courthouse.
They chanted and sang. Then
they fell silent. A great frenzy OF
roaring seized them from time to
time during the day as principals
In the case appeared in the square.
Not all the crowd were pro-
Communists. One stout woman
spat at the defense attorneys as
they entered the courthouse.
Some in the crowd booed and
shouted at the defendants: Go
back to Russia"
100 Police Keep Order.
More than 100 police kept order
in, the square and sealed off all
but the closely guarded main
entrance to the courthouse. There
were no disorders.
In Washington. Americans for
Democratic Action protested
Judge Medina's falling of the
Communists before their appeals
were heard.
William z. Foster, Communist
national chairman, called the SEN
tences Savage" but said "our
party is not outlawed."
He was indicted with the other
IL in July, 1948. But he was not
tried with them because of his
Ill health.
In separate motions yesterday,
the five defense attorneys also
appealed contempt sentences that
are due to begin November Is.
Judge Medina gave them terms
varying from 80 days to six
months for their conduct during
the 39-week trial.
The treatment of the attorneys
and the conviction Of the II Red
leaders led to an outburst yester-
day before the United Nations by
Russia's Andrei Y. Vishinsky.
He waved his arms before the
59-nation Assembly as he shouted
that the conviction was a vio1a-
tion of human rights. He said
Judge Medina succeeded not only
in convicting the defendants, but
in passing sentence on their law