Evening star., 1953-04-25
Decision May Affect
Indictments Against
80 in Perjury Cases
By Joseph B. Byrnes

Dy SOSSPH D. OyIHeS
The Justice Department is
studying today the possibility
of having to revamp approx
mately 80 perjury indictments,
including that Of Owen Latti-
more.
Cause of the difficulty is an
obscure case involving post Of
fee job sales decided Is days
ago in Jackson, Miss. A U. S.
Court of Appeals there held that
to be valid, perjury indictments
must name the person admin
istering an oath. This has not
been the practice in recent years.
The decision has been inter-
preted to include grand jury and
congressional committee hear
ings. Oaths taken in court were
excepted. y
1t was brought to light here
yesterday by Attorney James F.
Reilly, representing E. Merl
Young, convicted of lying to a
Senate subcommittee to hide his
influence peddling in the RFC
mink coat" case.
Judge Weighs Effect.
Mr.. Reilly sought a new trial
on grounds the indictment did
not name the person who Swore
Young in. The matter has been
taken under adviSement by
Judge Matthew F. Mcclure.
Should the ruling of the Mis-
slssippl court be upheld by the
Supreme Court, where the JUS
tice Department plans to carry
the case, it will lead to large
number of suits.
George Kneip, legal research
expert for the department and
the man who has drawn up most
Federal perjury indictments in
the last five years, said the de-
ciSion is bound to lead to
trouble"
He said the policy of his office
is to sit tight until the high
court has a chance to act on
the question, probably late this
fall.
No ReindictmentS Planned.
Mr.. Kneip said Justice would
not attempt to reindict approx
mately 80 persons against whom
perjury cases are pending to con-
form with the judicial thinking
of the Mississippi circuit ap-
pellate court.
However, he readily admitted
that regardless~of how the Su-
preme Court acts, the Mississippi
court ruling will be a headache"
He said he expected lawyers
for both those already convicted
and those awaiting trial to take
action.
He pointed out that 100 Fed
eral perjury convictions have
been obtained in the last five
years. Among these is that of
Alger Hiss, a former State De-
partment official accused Of pass
ing secret informations to
Communist spy ring.
Il am not too concerned about
those already convicted" Mr..
Kneip said. "Of course their
lawyers will no doubt entertain
motions to vacate their SEN
tenceS."
Time Factor Weighed.
Even if the Supreme Court
upholds the Mississippi ruling.
he asserted, the Government
could reindict. He said the
statute of limitations would not
apply if new indictments were
obtained before the next session
of court expires. /
The legal research expert de-
clared the most trouble to his
office would come from those
awaiting trial.
An indication he is correct was
reflected in the baltimore case
where preliminary motion to
dismiss the perjury indictment
against the Johns Hopkins Uni
verSity lecturer is based, in part,
on the Mississippi ruling. 1t
has not yet been acted on.
Mr.. Kneip and Ben Brooks,
who argued the case in Jackson
for the Government, said they
disagreed with the decision.
They said their Interpretation
of the ruling was that it is
mandatory upon Federal pros
ecutors to describe the oath
administration in all but court
cases.
This means grand jury fore
men and those swearing in wit
nesses before congressional COM
mitties have to be identified.
The majority of cases out
standing involve the same ques-
ton raised in the Mississippi case
failure to name the person ad-
miniStering the oath in con-
greSSional proceedings.
Since 1948 the practice of de-
scribing the swearer has been
discontinued in drawing up
Federal indictments.
Generally speaking, Mr.. Kneip
said, failure to bring up such
a legal point before conviction is
considered a waiver of that right.
However. he said, he expected
defense lawyers to try to enter
tain such motions on hopes
judges will use their discretion
ary powers to hear such cases.