Evening star., 1949-07-15
|Jai|ingof RedsUphe|d
Appeals Court Notes
Medina S Patience
By the Associated Press

eral Appeals Court, approving jail
lodgings for three OF the defend
ants in the Communist conspirac,
trial, has taken official note Of the
presiding judges patience in deal
ing with the defense's tactics.
Federal Judge Harold r. Me.
dina, who has had numerou.
clashes with defendants and then
lawyers during the six-month'
old trial, was upheld yesterday II
the Second United States Court Of
Appeals.
A ruling by the appeals court
mentioned repeated and persist.
ent failures OF. defendants on triaI
and Of. their attorneys to give
much heed. If any, to patient
efforts of the court to keep the
trial within the bounds of orderly
procedure"
Bail Was Revoked.
The court made the comment ir
upholding Judge Medina's order
keeping three of the IL defendant!
in Jail between court sessions fol
the duration of the trial. Theil
bail was revoked for contempt
after courtroom outbursts.
Meanwhile. the Communists
trial itself was in recess toda!
until Monday because of the ILL.,
ness of q juror. The juror /!
George L. Smith, Negro. Judge
Medina said he understood hi
would be all right by Monday.
A Boston Communist. who say!
he is a direct descendant of DAME
Boone, the frontiersman, is sched'
uled to resume his testimon!
then.
The witness, Daniel Boone
Schirmer. started testifying yes
terday for the II Communists
leaders charged with conspiracy
to advocate violent overthrow OF
the Government.
AS Schirmer took the stand. de-
fense counsel asked Judge Me.
dina to take official notice of the
fact that Daniel Boone was an
American. Smiling. the judge
said he did not believe any judi
cial action on that issue was nec-
essary.
Joined as Harvard Senior.
Schirmer said he now is Boston
secretary of the Communist Party
and became a member in 1886
during his senior year at Harvard
University.
The witness, a tall, thin, black
haired man in his 30s. told OF
reading Communist books he OBJ
tanned in high school and Harvard
libraries.
The Appeals Court decision SAID
some defense tactics. If allowed te
continue unchecked. might vel
disrupt the trial and so flout the
authority of the court that its ef'
fectiveness as an instrument Of
the judicial process would bt
much impaired If not destroyed.
The decision affected Gus Hal
and Henry Winston, jailed on JUNE
3, and Gilbert Green. Jailed June 20
Protested Gates JailinE.
Winston and Hall were penalizec
for loud protests against the jail
ing OF another defendant. Johr
Gates, Daily Worker editor. or
June 3. Gates. who spent 80 days
as an overnight Jail lodger fol
refusal to answer q prosecution
question, now is free again ir
IS 900 bail. Green was jailed fol
speaking to Judge Medina con.
temptuously.
The Appeals Court. commenting
on the outbursts on the day Of thu
triple jailing, said:
In the situation of disorder ant
confusion which the trial judge
faced in his court room on June 3
prompt and effective action" wa!
needed "to quell the disturbance.
The Appeals Court said the au'
thority of the Government-rep
resented by Judge Medina-"hat
been def1ed by enough men actini
in concert to make a rather formi
dable display of opposition.