Evening star., 1952-02-13
Young Excused
When He Brings
Lawyer toQuiiz
Senute Crime Probe
Holds Presence Of
Muher lrregulor
By John v. Homer


Committee called Commissioners
John Russell Young to testify at
. closed session today and then
suddenly decided not to question
him because he was accompanied
by Attorney Daniel B. Maher.
Committee Counsel Arnold
Bauman contended that Mr..
Maher, former troubleshooter for
Commissioner Young, was not en-
Titled to attend the executive
meeting since he had appeared as
q witness in his own behalf and
also represented former Police
Chief Robert j. Barrett. the first
at the committees public
hearings a month ago.
The committee ruling was ten
tative. The chairman, Senator
Nicely, Democrat, Of West Virginia.
said a final decision would be
reached after the legal questions
involved can be studied.
Right to Counsel Argued.
Mr.. Bauman said the question
was raised solely because the
hearing today was closed. He de-
clared Mr.. Makers presence would
put the lawyer ''in the unhappy
position Of having to keep COM
partmented in his own mind In
formation received In an execu-
tive hearing to which Mai. Bar
rett would not be entitled and to
which he, himself, as q witness
would not be entitled"
Mr.. Maher said. on the other
hand, that Commissioner Young.
like all citizens, has the right to
counsel Of his own choice before
any investigative COMMITTEES,
closed or open. He described this
as a "basic right" r.
Mr.. Maher also told reporters
there Is no conflict Of interests
between Mai. Barrett and COM
Young. He declared tho
question of choosing an attorney
IS one that client alone can de-
termine and that no witness could
be required by any congressional
committee to select or not select
D given attorney.
Mr.. Bauman said his views on
the question amounted to an ex.
tension of the principle adopted
by the old Kefauyer Crime ms
vestigating COMMITTEES in N6lhE =
lawyer could represent not more
than one witness heard In execu-
tive session.
Names Are Requested.
Senator Nicely said the commit.
tee requested Mr.. Baunnan and Mr..
Maher to submit memoranda set
ting forth their divergent views.
These are expected within o few
days.
The legal issue was debated for
20 minutes before the meeting was
adjourned. Mr.. Maher ssAi Mr..
Young was willing to testify either
with or without the lawyer but he
felt the Commissioner was en-
titled to advice on a number OF
subjects with which he becar1,4
familiar. particularly when he was
assistant corporation counsel. Mr..
Bauman emphasized that the ap-
,earance Of Mr.. Young was "en-
entirely cooperative"
Neither Commissioner Young.
1or Mr.. Maher, nor Mr.. Bauman
would state whether the commit
tee requested Mr.. Young to pro-
duce personal or official records.
The Commissioner was called
before the committee after the
had questioned John Leo
Stack, 66, Of Los Angeles.
Mr.. Stack, who testified for half
an hour, came here under SUBJ
poena. On emerging from the
hearing room at the Capitol, he
told reporters he Is q public re-
lations man and had worked for
the passage Of laws which would
legalize gambling in California.
Retained by Citizens.
He said the proposition was de-
feated in referendum principally
because of the strong opposition
Of Gov. Warren and James Roose-
velt and race track hackers. He
said he was retained by citizens
interested in liberalizing the Cal
ifornia gaming statute.
A possible link with the WASH
ington area gambling situation
was seen in a reference Mr.. Stack
made to Leonard j. Matusky Of
Baltimore. former head Of q race
wire service which had Maryland
customers. Mr.. Matusky was Q
witness last week at q closed
meeting of the Crime Committee.
Mr.. Stack said he had reported
on the progress Of the California
referendum In q brief conference
with Mr.. Matusky during q visit
10 Washington. He said he made
. similar report In Chicago to
Thomas Kelly, head Of the Con.
tinental Press Race Wire Service,
who was among witnesses befors
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