Evening star. [volume] (Washington, D.C.) 1854-1972, 1952-04-04
Judge Ryan Removes
Costello Trial Juror
After 'Payoff' Charge
Foreman and One Other
Excused From Service;
Case Nay Be Halted
BY the Associated Press

NEW YORK, April 4.-The
foreman of the jury trying Gam
bier Frank Costello for contempt
was abruptly discharged today.
She said the judge claimed she
was Ito get $3.50 to sway my
Judgement"
Mrs. Helen Louise Mason, a
colored housewife, heatedly denied
this. tits ridiculous" she said.
Federal Judge Sylvester Ryan
also ousted another juror, with
out explanation, when court con-
vened this morning. The actions
upset the case-Costello's second
trial on the charges-at q crucial
point.
Mrs. Mason said the Judge
called her into his chambers, told
her that two lawyers informed
him that "some man was going to
have an envelope and I was to get
$3.50 to sway my Judgment"
y third juror was reported i'll.
May Have to Halt Case.
Judge Ryan said the case, slated
to go to jury today, might have
to be halted.
During the brief furry Of court
room activity. the 61-year-old
Costello approached a reporter
and asked, whats this all about?
I'll be damned if I know"
United States Attorney Myles j.
Lane turned aside questioners.
Il certainly am hurt" Mrs.
Mason said.
IT'S very embarrassing and it's
ridiculous" she told reporters.
She said neither she nor her
husband had been approached by
any one interested in the case,
ana that she knew nothing about
any such incident.
Case Is Adjourned.
It was the second trial of Co.'S
tello on charges of contempt of
the Senate Crime Committee last
year.
The first one ended with the
jury deadlocked. IL to /, for con-
viction. ....
Judge Ryan said 1--WE will be
unable to determine whether we
can proceed" until a physician
checks the repeatedly i'll juror.
Two alternates could replace the
two summarily excused by him at
the brief, dramatic court session
this morning.
On this uncertain note, Judge
Ryan adjourned the case until
this afternoon.
The other juror excused was
identified as Julius A. Fox, a
textile converter.
Judge Ryan said he had re-
lceived a call from Juror Joseph
Monsky's wife saying he had be-
come i'll overnight and had been
advised by a doctor to stay in
bed.
Refuses to Sum Up.
The case could go to an 11-man
Jury. If the defense consented, but
the judge said the defense had
refused to permit this.
Defense Counsel Kenneth M.
Spence had refused to sum up
the case for the jury yesterday.
Addressing Judge Ryan, Mr..
Spence declared:
1.-THE defendant takes the posi-
ton that he is unwilling to par
ticipate in the submission of this
case to the jury. I do not desire
to sum up"
Mr.. Spence has contended there
is no issue of fact for the jury to
decide in the case.
The defense lawyer says the
Issues are purely matters of law
which could be decided by the
Judge. Mr.. Spence sought with
lout success to get the case tried
lby the judge without jury.
The defense did not call any
witnesses in Costello's behalf. Hi
lis charged with contempt fol
walking out on the Senate com
Imittee twice and refusing to an.
Iswer number Of questions. 4
vital question concerned his net
worth.
Costello claimed chroni,
Throat ailment made it impossible
flor him to testify at the Senate
hearing.