Evening star., 1953-12-27
Mccarthy Suggests
Grand Jury Probe
OF Ba|ky Witness
By ths Asseeiessd Press

~ the ASSoedtod Press
Senator Mccarthy, Repubn-
can of Wisconsin said yesterday
he has asked the Justice De-
partment to consider submitting
to a grand jury the case of a
balky witness in an investiga-
ton of alleged spying at Fort
Monmouth. N. j.
The witness Is Harry Hyman.
New York insurance man.
Senator Mccarthy said on
December II that Mr.. Hyman
IN the past two years made
Hundreds" of telephone calls to
defense installations including
the big New Jersey communica-
tions and radar center
Mr.. Lyman swore he never
engaged In espionage. But he
invoked the constitutional guar
antee against self discrimination
when Mccarthy asked him at a
public hearing in New York about
the telephone calls and possible
Communist ties.
Cites Smith Law.
Senator Mccarthy, as chair
man of the Senate Investiga-
tions Subcommittee, announced /
at the time he would ask the
Justice Department to investi-
gate whether Mr.. Hyman was
vulnerable to prosecution under
the Smith Act. That law de-
clares 1t q crime to organize or
conSpire to organize any group
teaching. advocating or en-
couraging overthrow Of the Gov
ernment by force or violence
knowing the purpose thereof"
It is the law under which top
Communist leaders have been
convicted of conspiracy and sent
to prison.
Yesterday Senator Mccarthy
made public a letter to Attorney
General Brownell, saying in part:
''It would appear that you
might, after having your staff re-
view the evidence (taken at his
public hearings, decide to sub
NIT this to a grand jury for the
purpose of indictment under the
Smith Act"
The language of the letter
stopped short of an actual de-
mand or request for such action.
Questioned on Phone Calls.
The letter was made public
without comment after Sen. Nc
Carthy had left the city on
vacation trip to Tampa. Fla.
At the New York hearings Sen.
Mccarthy had told Mr.. Hyman
the subcommittee has evidence
that Mr.. Hyman in two years
made 400 to 600 telephone calls
to defense installations, includ-
ing radar research laboratories
at Fort Monmouth. He asked Mr..
Hyman whether the calls had
been made for espionage pur-
poses.
Mr.. Hyman promptly invoked
the fifth amendment to the Con-
stitution which declares that no
witness may be required to
testify against himself.
Called Communist.
Senator McCarthy's letter to
Mr.. Brownell said Mr.. Lyman
"has been identified under oath
as an important functionary Of
the Communist Party and as an
organizer for the party"
He of course has refused on
the ground of Standardization
to tell whether those (telephone)
calls were for espionage pur-
poses," Senator Mccarthy con-
tinued. He has also refused to
state whether he was on the 18th
day of December, 1853, the date
he appeared before the commit
tee. paid functionary of the
Communist Party or a member
of the party. again invoking the
Fifth Amendment"
The letter then cited the testi-
mony of other witnesses at the
hearing who said Mr.. Hyman
had asked two of them to join
the Communist Party about 1946
or 1947. They are John Saun-
derS and John Anthony De Luca.
Two other witnesses, Lester Ack-
erman and Sam Morris, said
they had heard Mr.. Hyman state
that he was connected with the
Communist Party.