Evening star., 1950-02-01
Judge Blocks Defense
Question on How FBI
Identified Gubitchey
By james J. CuIIinone
Sfor Stoff CORRESPONDENT

Sfdf ofc1I correspondent
NEW YORK, Feb. 1.-Defense
efforts to discover how agents
learned the identity of Valentin
Gubitchev, Soviet engineer, after
his first rendezvous with Judith
Coplon were blocked in Federal
court today.
Judge Sylvester j. Ryan flatly
told Abraham Pomerantz, attor-
ney for Gubitchev, that he would
not permit the defense to ask
FBI investigators to disclose the
source of information which LED
them to Gubitchev.
Earlier, Mr.. Pomerantz and
Archibald Palmer hammered at
FBI Agent T. Scott Miller with
questions about wire tapping. Mr.
Miller said he had studied re-
cordings and reports made by FBl
investigators who tapped tele-
phones at Miss Coplon's apart
ment in Washington and at hel
mothers home in Brooklyn.
Her phones first were tapped
last February and agents con-
tinued to intercept Miss Coplon's
calls in March, April, May anc
June, Mr.. Miller said.
Asked About Perjury.
Mr.. Miller, do you know the
meaning of perjury?" Mr.. Palmer
asked after the witness admitted
that at Miss Coplons trial in
Washington he had denied knowl-
edge of wire tapping.
Judge Ryan told Mr.. Palmer
such question was out of order
and then took over the interroga-
tion OF the witness himself.
Mr.. Miller told Judge Ryan that
he did not have personal knowl-
edge" of wire tapping activities
when he testified at the Washing
ton trial.
When you testified in WASH
1ngton," Judge Ryan asked, "had
you been informed that Miss
Coplon's telephone calls were be-
ing intercepted by reason of read
ing reports and listening to re-
cording discs of intercepted calls?"
Had Reason for Belief.
Mr.. Miller replied he had every
reason to believe that the de-
fendant's telephone calls were
tapped, but insisted that he had
no personal knowledge of how her
conversations were intercepted.
you mean you did not know
It," Judge Ryan continued, "be-
cause you did not intercept the
telephone messages yourself but
you had every reason to believe
the summaries and discs you re-
ceived represented telephone in
terception?"
Mr.. Miller answered affrma-
lively.
Mr.. Palmer has asked the
United States Court of Appeals
in Washington to reverse Miss
Coplon's espionage conviction
there on the grounds that he
was not allowed to develop wire
tapping evidence at her trial last
summer.
Questioned on Meeting.
Mr.. Pomerantz concentrated
this mornings session of the trial
on questions about Miss Coplon S
second observed meeting with
Gubitchev in Uptown Manhattan
on February Is. Mr.. Miller on
direct examination yesterday
testified that the meeting of the
two accused spies lasted only five
seconds. GubitcheV extended his
arm toward Miss Coplon as though
to receive something and then the
couple parted. he testified.
Ali reports and recordings made
by the Federal wire tappers have
been destroyed, Mr.. Miller said
He told Judge Ryan he permit
ted" destruction of the reports
and recordings because he felt
they contained nothing of i'm
portance."
Judge Ryan asked the FBI
agent If he was aware that wire
tapping is a violation of Federal
law and Mr.. Miller responded af-
firmatively.
The jurist told defense lawyers
he would permit questions about
wire tapping solely to test the
credibility of Government wit
nesses.
Mr.. Palmer read frequently
from transcripts of testimony
offered at Miss Coplon's Washing.
ton trial but carefully avoided any
mention of the fact that she wa.
convicted and sentenced to serve
from 40 months to 10 years il
prison. Judge Ryan has warnec
that he will cite for contempt o.
court any one who mentions tht
outcome of the Washington trial