Evening star., 1950-02-07
Reds 'CaseCited
In New Move
For Lewis Bond
Counsel File Reply to
Government Answer
In Rare Court Tactic

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In Rare Court Tactic
Lawyers for William "Snags"
Lewis yesterday brought the II
top Communists convicted in New
York last year into their plea to
get a bond set for the convicted
gambler.
They did so in resorting to the
seldom used tactic of filing an
answer to an answer in the United
States Court of Appeals.
The attorneys"l latest move coun-
tered the Governments formal
answer, opposing their petition
to the appellate court to set bond
for Lewis and his co-defendant,
Frank Billeci. Judge Alexander
Holtzoff refused to grand bond.
after the defendants conviction
last month for operating a lottery
in the District.
The II Communists were brought
into the act to counter the Gov
ernment's chief reason for sup
porting Judge Holtzoff's decision
on the bond issue.
Fay Sees Further Gambling.
United States Attorney George
Morris Fay has stated the men
SHOULD remain jailed, because, as
Judge Holtzof held, if they were
freed under bond, there is a
strong likelihood" they would re-
sumo gambling activities as they
allegedly have done since their
arrest last March.
The defense attacked that stand
yesterday by saying the record
fails to show that Lewis and
Billeci resumed gambling activi-
ties after their arrest. except for
the mere statement" the Gov
ernment made to that affect to
the trial court.
In the case of the II Com
munists, defense counsel recalled,
the Government told the court
the defendants would continue to
indulge in subversive activities, if
they were freed on bonding, pend
ing their appeal.
But, to that, Judge Harold Me-
dina was quoted as replying: "If
such be true, the Government has
means for further proceedings
against them by arrest and prose-
cution." Bond, although steep,
was granted to the II.
Case Portrayed as Similar.
"This pronouncement applies in
this case" the Lewis-Billeci an
swer declared. why hasn't the
Government moved to prosecute
long since?"
In their petition for bond, filed
eight days ago. Attorneys William
n. Collins, Bernard Margolus and
Myron Ehrlich cited the cases of
Alger Hiss and Judith Coplon as
well. There. they pointed out,
bond was granted, although Hiss
and Miss Coplon both were con-
victed of offenses of a subversive
nature.
Mr.. Fay's answer to the petit
ton was accepted formally by the
appeals court only yesterday, al
though copies were served on the
defense last Saturday.
In their answer to the answer
Defense Attorneys Collins, Mar
golius and Ehrlich joined in such
statements as these:
At least one part of the Gov
ernment's defense of the trial
judges charge to the jury was
completely incorrect" This was
the Governments claim that the
Supreme Court later approved a
trial judges instruction that all
but told jury to return a guilty
verdict. Judge Alexander Holtz-
of. who presided over the Lewis
trial, quoted part of the earlier
judges instruction as part of his
charge to the jury.
Hostile Comment Charged.
At another point, defense coun-
sci said, the Government stated.
as an abstract principle" that
certain other of Judge Holtzoff's
charges were proper. These in
volved the right of a jury to infer
the defendants guilt because they
failed to testify in their own de-
fense or call any favorable wit
nesses of their own.
"The hostile comment of the
judge should not render vain the
privilege of the accused to exer-
else their Constitutional privilege
(of not testifying)," the defense
asserted.
OF the Governments contention
that Judge Holtzoff's charges were
proper in the light of the "excep-
tional circumstances" of the trial.
in which jury tampering charges
were raised, the defense countered:
Notwithstanding a much ad-
yertised investigation, there is no
showing that Lewis and Billeci
had any knowledge of tampering.
It must be remembered that they
disclaim any knowledge or con-
nection with tampering."
Under appellate court rules, the
Government may not file an an
swer to the defendants answer.
The issue consequently is closed
until the appellate bench signifies
it will entertain oral arguments
on the petition for bond.
G A..