Evening star., 1955-04-11
Reinstatement
|0f baltimore
|ChargesAsked
Rover's Brief Says
Youngdohl 'Misused'
Sixth Amendment

Federal Judge Luther w.
Youngdahl "misconstrued and
misapplied" the Sixth Amend
ment in dismissing a second per-
jury indictment against Owen
baltimore last January, the Gov
ernment charged today.
The allegation was contained
in a brief filed with the U. 8
Court of Appeals for the District
which asked that the two-colnt
indictment be reinstated. The
brief was filed by United States
Attorney Leo A. Rover and a
Group of Justice Department at
torneys.
A motion accompanying the
brief asked that the full nine
judge appellate bench sit in re-
view of the decision because the
case involves a question of ex-
traordinary public Importance. "
Lying Is Charged.
The missed indictment
charged that Mr.. baltimore,
former State Department con-
sultant on Far Eastern Affairs,
lied to a Senate Internal Security
subcommittee in 1852 when he
declared:
/. He was never a follower of
the Communist Party line.
2. He was never promoter
of Communist interests.
Judge Youngdahl. last Janu-
ary. threw out the charges in
the U. s. District Court for the
District of Columbia.
The judge held that the terms
follower" and promoter" of
communism were so vague and
subject to so many varying def
nitions as to make it impossible
for Mr.. baltimore to weave q
defense.
He also held that because Of
the varying interpretations the
jury would be obliged to indulge
in pure speculation and guess
work if the case were allowed
to 60 to q panel.
Charges Defined
Thus, the Judge reasoned, the
charges would violate the Sixth
Amendment and the Federal
Rules which specify that a
charge should be plain, concrete
and understandable enough to
enable weaving of a defense.
The Sixth Amendment-part OF
the Bill Of Rights-reads:: I'm all
criminal prosecutions the ac-
cused shall enjoy the right to a
speedy and public trial by an
impartial jury of the State and
district wherein the crime shall
have been committed and
to be informed of the nature and
cause of the accusation; to be
confronted with the witnesses
against him: to have compulsory
process for obtaining witnesses in
his favor. and to have the assis-
tance of counsel for his defense.
But in today's brief, Mr.. Rover
said the indictment contained
definitions of what the grand
jury meant by the terms "fol-
lower" and promoter"
A follower of the Communist
line was defined in the indict-
ment as one whose expressed
positions and policies Intention
ally paralleled those of the Soviet
Union. its satellites and the
Communist Party.
A promoter of Communist in
terests was defined as one who
knowingly contributed to the
growth of communism by acting
to further the aims of the Soviet
and its satellites.
Definitions Held Adequate
These definitions, the Govern
ment's brief contended, should
apprise MIR. baltimore ~ what he
is charged with clearly enough
to allow him to prepare
defense.
The question Of whether or not
the jury might be confused is
not properly within the scope of
the Sixth Amendment, the brief
contended.
"Curiously enough" the brief
declared, "a study of the opin-
ion of the trial court (Judge
YoungdahD fails to disclose any
valid reason for the inability of
(Mr. Lattimore) to prepare
a defense to the instant indict-
See LATTIMORE, Page A-4