Evening star., 1949-02-04
|Marcantonio Appears
As Defense Witness
In Trial Of II Reds
by the Asseeioted Press

BY the Asseeiofed Press
NEW YORK, Feb. 4.-Representa-
tive Vito Marcantonio, State chair
man of the American Labor Party
today was called as defense wit
ness in the conspiracy trial of II
leading American Communists.
Mr.. Marcantonio had not been on
the stand long before defense tao
tics in questioning the Representa-
tive of the New York 18th district
brought a new intimation from
Federal Judge Harold r. Medina
that a curb might be placed on
lengthy statistical testimony pre-
sented by counsel for the de-
PENDANTS.
Judge Medina said he may be
forced to take some action" against
what appeared to him to be "delib-
crate" delaying tactics on the part
of the defense.
Attacking Jury System
Defense attorneys thus far have
confined most of their legal maneu-
vers to an attack on the method of
selecting Federal juries here.
Action to curb defense, Judge
Medina said, was contemplated "in
order to protect the administration
of justice against Illustration"
Characterization of defense tao
tics as deliberate delaying maneu-
vers came after Judge Medina had
halted Attorney Abraham j. Isser-
mans interrogation of Mr.. Marcan-
tonic. Mr.. Isserman sought to put
into the record statements on sub
jects already ruled out by the court.
United States Attorney John F. x
McGohey had objected to several
qustions about the condition of
housing in the Upper East Side dis
trict which Mr.. Marcantonio repre-
Sents.
Objections Sustained.
Judge Medina sustained the OBJ
jections and when Mr.. Isserman
argued that the questions were per-
tinent to the defense claim that the
jury system is deliberately discrim-
inatory," Judge Medina said:
You are doing just what I told
you not to do. I have said before
and I say again that it has come
into my mind that there seems to be
a willful, deliberate and persistent
attempt by the defense to obtain
delays"
Mr.. Marcantonfo's appearance as
a witness came shortly after Judge
Medina announced that one de-
fense witness could not be in court
because of illness. The witness,
Prof. Doxie A. Wilkerson, Negro
educator, recently made a survey of
the jury selection system here
For the last five trial days, Prof.
Wilkerson has appeared as a wit
ness, referring frequently to vo-
luminous charts and papers pur-
porting to prove discrimination in
the selection of Federal jurors.
The judge gave notice yesterday
that there would be no delays for
filing briefs after testimony in the
defense challenge to the jury system
is complete
Judge Medina says he will then
make an immediate ruling.
The jurist repeatedly sought to
hasten proceedings yesterday. Sew
eral times he called on defense
counsel to consume less time in
presenting material.
Going "On and On"
This statistical data has been
going on and on and on" he said
The pattern was clear in the first
few days. This can go on indefinite
ly and the time may come when l
will have to do something about it"
Acting on an objection by the
prosecution, the court denied at
tempts by the defense to introduce
data concerning political Affiliations
of jurors. This touched off q
lengthy argument.
You rule before we have a chance
to address you," Defense Attorney
Harry Sacher said. Il repeat, it's a
sort of Alice in Wonderland. We
get the sentence first, and the trial
afterward."
4 scarcely think Judge Medina
said, that sort Of language is in
accordance with the respect due the
court"
Il meant no disrespect," Mr.
Sacher said. But we have no jury
here, and why not err on the side of
a little bit more proof rather than
little bit less?"
That's what I thought until to-
day." Judge Medina answered. But
I think from now on we should have
a little less