Evening star., 1951-05-17
Judge Ho|tzoff Acquits
Weinberg ofContempi
On Refusal 10 Answer

DR.. Joseph w. Weinberg, the
Scientist X who figured in in
vestigation of atomic spying. was
acquitted of charge of contempt
of court today by District Court
Judge Alexander Holtzoff.
The charge had been lodged
against DR.. Weinberg last Friday
for his refusal to answer four
questions before a District grand
jury after having been ordered by
the court to answer.
DR.. Weinberg had refused to
answer on grounds of fear OF pos
sible self determination.
Judge Holtzoff, who had lodged
the contempt charge after the
scientist repeated in open court
his refusal to answer the ques-
tions. held today that DR.. Vein
berg was within his constitutional
rights.
DR.. Weinberg had been ordered
by Judge Holtzoff to answer the
questions before the grand jury
because he already had answered
them before the House Committee
on Un-American Activities in 1949
Committee Testimony Protested
Today. Attorney j. Frank Cum
ningham of the Justice Depart
ment conceded that under a stat
ute answers given before a con-
gressional committee cannot be
used against any one in any fu-
ture possible criminal procedure.
In answer to a question by Judge
Holtzof, Mr.. Cunningham admit
ted DR.. Weinberg was a possible
defendant in a criminal proce-
dure.
Judge Holtzoff then said it was
not customary in this jurisdiction
to bring possible defendant be-
fore a grand jury unless the per-
son wanted to appear voluntarily.
Judge Holtzoff held that to an
swer the questions could be in the
nature of a link in a chain" in
information the grand jury was
seeking.
One of the questions DR.. Vein
berg refused to answer was
whether he lived in California
in 1943. Another was whether
his residence was at 2427 Blake
street, Berkeley, Calf. in 1943.
Denied Knowing Nelson.
The two other questions were
he knew David Boehm or
Kenneth May in 1943. Attorney
Cunningham told the court the
two at one time had Communist
connections, but that May since
had severed all connections and
served in the Army.
DR.. Weinberg, who worked on
atomic bomb research at the war
time University of California ra-
diation laboratory, once was ac-
cused by the House Committee on
Un-American Activities of Slip
ping atomic secrets to the Com
muniSts.
He told the committee he did
not even know Steve Nelson, the
Communist Party organizer to
whom he allegedly gave atomic
secrets. The committee then
recommended that DR.. Weinberg
be prosecuted for perjury.
Asked whether DR.. Weinberg
would be required to appear fur
ther before the grand jury, Mr..
Cunningham said he didn't see
how he could in light of today's
Suspended by University.
DR.. Weinberg was suspended
yesterday from the University Of
faculty.
DR.. j. l.. Morrill,. president of
the university, said he would rec
ommend to the Board of Regents
next month that the suspension be
continued or that DR.. Weinberg
be dismissed permanently, de-
pending on developments in the
contempt case.
Whatever his legal rights or
the outcome of the pending litiga-
tion," DR.. Morrill, said, "it is my
belief that his Judgment in this
refusal to cooperate with Federal
is incompatible with
common sense and with a proper
Of his duty and obli-
cation as a member of the uni
versity staff"