Evening star., 1952-03-11
Defense 70 Call
McGrath in Trial
Of Six for Plot
Hopes to Ferret Out
Wire-Top Evidence il
Baltimore Red Case
By q s,aff eer..pond.n, Of M. s.ar

BY q Staff Correspondent Of The Siar
BALTIMORE, Md, Mar. H.
Attorney General McGrath and
FBI Director j. Edgar Hoover ap-
parently are slated to be called
to testify in the trial Of the six
persons accused Of conspiring to
advocate the overthrow Of the
Government by violence.
Jurors were picked yesterday in
Federal Court. as the case opened
before Judge w. Calvin Chestnut.
Prosecutor Bernard j. Flynn,
United States attorney for Mary
land. is scheduled to present the
Governments opening charge to-
day.
It was in the closing minutes Of
the trial yesterday that the possi-
bility of Mr.. McGrath and Mr..
Hoover being called as witnesses
came up.
Harold Buchanan, one of the de-
tense attorneys, said he intends to
subpoena both the high Govern
ment officials at some point during
the trial to prove that certain evi-
dence the Government has against
the six defendants was obtained
through wire tapping.
Evidence Outlawed.
Judge Chestnut remarked: "Evi-
dence obtained by wire tapping Is
not admissible in Federal cases.
But a showing must be made that
it was obtained by wire tapping.
Mr.. Flynn declared that no evi-
dence obtained by wire tapping
would be introduced In the trial.
But Mr.. Buchanan said he in
tended to go through with his plan
to subpoena Mr.. McGrath and Mr..
Hoover at some point in the trial
to clear up this point. He said
both officials had admitted previ-
ously that wire tapping was used
in certain internal security cases.
The defendants are:
Philip Frankfeld, former head
Of the Communist Party in Mary
land; Mrs. Regina Frankfeld, his
wife, a Baltimore school teacher,
who was dismissed after admit
ting Communist Party member
ship: Mrs. Dorothy r. Blumberg,
a Baltimore housewife; Maurice
l.. Braverman, Baltimore attorney,
who has represented Communists
in court cases; Leroy H. Wood,
chairman Of the Communist Party
In the District, and George A.
Meyers, chairman Of the Mary
Iand-District Communist Party.
One Denies Red Link.
All but Braverman have ad-
mitted, at one time or another.
that they were members of the
Communist Party. The six arel
described by the Government asI
Second-String Communists.
It took all of yesterdays session.
to pick the jury of nine men and
three women. Four alternates
also were chosen, three men and
one woman.
Two Of the woman jurors are
homemakers and one is a clerical
worker. Among the men there are
three skilled mechanics, a laborer,
q laborer's foreman, a hardware
clerk, newspaper route owner, a
retired builder and a sales man
ager. Three of the men are
Negroes.
During questioning Of the pro-
spective jurors yesterday, it was
revealed that the Government ex-
poets to call two FBI undercover
agents to testify during the trial
Herbert Philbrick of Boston and
Mrs. Mary Stalcup Markward of
Chesterbrook, Va.
Wrote Of Experiences.
Mr.. Philbrick has recently pub
lished a series of newspaper arti-
cleS about his experiences as an
undercover man in the Commu-
mist Party. Mrs. Markward teSti-
fed before the House Un-Amer-
ican Activities Committee of her
experiences in the Maryland-Dis-
tr1ct Communist Party.
Mr.. Flynn also revealed that
he would not call as a witness
Louis Budenz. former Communist
who has been q frequent Govern
ment witness. He also said he
had no plans to call Henry
Thomas, who recently testified in
the House Un-American Activi-I
ties Committee hearings in Wash
ington.
Mr.. Flynn made the declaration
when defense counsel singled out
those names along with those of
the undercover agents in asking
prospective jurors if they knew
any one connected with the trial.