Evening star. [volume] (Washington, D.C.) 1854-1972, 1952-12-20
Quinn Challenge
On Grand Jury's
|FearsUphe|d
New Trial Is Granted
On Issue of Federal
Workers as Jurors

The right of Communist sus-
poets to challenge the eligibility
of Federal workers serving on
grand juries in Red-tinged cases
was upheld yesterday by two
United States Court of Appeals
judges.
The opinion, a 5O-page docu-
|ment participated in by all nine
appellate court jurists, resulted in
Ia 6-to-3 vote granting Thomas
Quinn, 33, United Electrical
Workers organizer of Pittsburgh,
a new trial.
He had been convicted nearly
a year ago of contempt of Con-
gress. For refusing to tell the
House I'm American Activities
Committee whether he was or had
been member of the Communist
Party, Quinn drew four months
and a $1,000 fine.
In their portion of the complex
ruling, Judges David Bazelon and
Henry w. Edgerton agreed with
majority spokesman, E. Barrett
Prettyman, but for different rea-
sons.
Their main point for reversal
was the failure by District Court
to grant Quinn an opportunity to
prove Government employees on
the indicting grand jury were
biased against Communists or fell
low travellers.
Ten Government Workers.
The panel of % contained 10
Government workers and tn e
wives of two Federal employees. =.
Quinn had attempted to argue
that congressional criticism of the
outcome of the first Hiss trial and
the admission of Harry Bridges to
bail, plus the Presidents loyalty
order, left the Government work.
ers fearful of recriminations if
they did not return true bill.
Judges Bazelon and Edgerton
said:
1.-The Government says it is not
free from doubt that partiality in
a grand juror is Gin ITSELF dis
qualifying. Partially result
ing from knowledge, is one thing.
But partiality resulting from
fear induced by an atmosphere of
intimidation, which appellant
(Quinn) seeks to demonstrate, is
quite another. For (his) Federal
Constitutional right to a fair and
impartial grand jury can be no
less than that his indictors be free
of fear that would paralyze the ex-
ercise of their free will"
No Similar Case.
They added that this court
might well start afresh in FASH
ioning rule for this jurisdiction.
(We) have discovered no case
State or Federal-which considers
whether fear induced by an at
mosphere of intimidation disquali-
f1es a grand jury" rn 8. 4
In DEPRESSING on what they
termed an important question:"
Judges Bazelon and Edgerton as
serted an injury to the grand jury
is not limited to the defendant.
There is injury to the jury sys-
tenn. to the law as an institution.
to the community at large, and to
the democratic ideal reflected in
the processes of our courts" they
said.
At least dozen Communist big
wigs, including Eugene Dennis,
also convicted of contempt of Con-
gress have unsuccessfully at
tempted to show bias on the part
of grand jurors.
2 Other Appeals Denied.
The Quinn opinion was tied in
with two other contempt appeals
handed down yesterday.
They were brought by Julius
Emspak, secretary-treasurer of the
United Electrical Workers, and
Philip Bart, 40, general manager
of the Daily Worker, official Com
munist organ in the United States.
Both appeals were denied.
Emspak was sentenced to six
months and a $500 fine. The
Communist newspaperman re-
ceived a three months sentence
and a $500 fine.
The effect of the ruling could
not be Immediately determined.
but well-informed court attaches
said they believed the Government
would make it a point to attempt
1 to impanel grand jurieS with few
or no Federal employees serving.
If such a move is legally possible
in Government dominated WASH
ington, it would forestall such
motions as Quinn'S.
More than half of all grand and
tooffu i11yCrc cifti,ou horo ora nm