Evening star., 1951-06-02
MissCop|on Convicted
Legally, Court Rules,
But Offers New Trial
BY jones CulIinone

The Government case againS
Judith Coplon. twice convicted
as a Russian espionage agent a
q result of her activities Will,
serving as a trusted Justice De
partment employe here, was bull
warked today by an unanimou
decision of the District Court o
Appeals.
The Appellate Court ruled tina
her conviction and 10-year prison
sentence following a 10-week tria
In District Court two years ago
we"e justified by the evidence.
However. the court ruled. in 6
spit decision, that Miss Coplor
is entitled to a new trial in Dis
t = Court, if she can show thai
FE' agents tapped her telephone
san6 listened to conversations she
had with her lawyer during the
course of her trial.
But, if a new trial is granted
the court ruled, the Government
should be entitled to reintroduce
evidence that was ruled illegal by
q decision of the Federal Court
Of Appeals of the New York Dis
trict earlier this year.
Appeal to Supreme Court.
The Justice Department has
: appealed to the Supreme Court
from the ruling of the New York
appellate court. contending that
"public faith in orderly legal pro-
cedure" will be shaken if Miss
Coplon is freed under that de-
cision.
The conflicting opinions of the
two Appellate Courts undoubtedly
will be consolidated in the pend
ing case before the Supreme Court
As result, it appeared unlikely
that the Coplon case will be argued
before the high tribunal before
next fall. ..
The .comely 29-year-old bru'
nette, an honor graduate of Bar
nard College. was arrested in New
York on March 4. 1949. after FB.
agents trailed her to furtive rem
sdevous with Valentin A. Gubitchev
third secretary Of the Soviet For
eign Ofhce, assigned to the Rus
sian delegation to the United Ma
tionS.
In her purse were found a mum
ber Of documents removed from
confidential Justice Department
files and extracts from secre
papers relating to FBI investiga'
tion Of Communist spies in thi'
country.
Miss Coplon first was tried here
alone on charges Of violating es'
plonagle laws by removing the
documents. After sensational
trial, she was sentenced to serve
from 40 months to 10 years in 9
Federal prison.
Convicted with Gubitchev.
Later she was tried in New York
: together with Gubitchev or
charges Of conspiring to violate
the espionage laws. Both drew
prison sentences of IS years
Gubitchev was allowed 10 leave
the country after he dropped his
appeal from the conviction and
swore never to attempt to return
to the United States again.
Judge Learned Hand Of the
United States Circuit Court ol
Appeals in New York wrote the
decision overturning Miss Coplon';
conviction in that State.
Her guilt is plain" he wrote
but her arrest was illegal because
FB1 agents had seized her anc
searched her purse without g
warrant. AS a result, his decision
said, the Government could not
use the evidence taken from hel
: in a new trial.
The Justice Department prompt
: ly told the Supreme Court il
would be futile to bring Miss Cop
lon to trial again unless it could
introduce the papers taken from
her purse.
The Court of Appeals here ruled
that, in New York State, private
citizens are empowered to make
arrests without warrants wher
crimes are committed in theil
presence. The law can not bt
construed to deprive FBI agent!
of the same powers possessed b!
private citizens and all other peace
officers, the local court held. Tht
District appellate judges said "s
criminal conspiracy was in prog
ress before the eyes of the agents
when Miss Coplon and Gubitche'
were arrested.
Arrest Held Lawful.
After reviewing the decision o
the New York Court of Appeals
Judges Wilbur K. Miller, F. Bar
rett Prettyman and James M
Proctor of the District Appellat
Court ruled unanimously:
"Our conclusion is that tn
arrest of Judith Coplon on Marcl
4, 1949, was lawful. The incidenta
search Of her purse and seizur
Of the incriminating document
Tho Woo+LI