Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-01-28
Gold Gets
Retria| on Fb|
Check Of Jury
Supreme Court
Justices Refer to
'OfficiuI Intrusion
BY ROBERT X. WALSH

The Supreme Court today or
dered a new trial for Ben Gold.
labor union official, on the
ground that the FBI had in
truded into the privacy of the
jury.
Gold was convicted in United
States District Court here on
charges of filing a false non
communist affidavit.
The reversal of the lower court
conviction was announced in a
brief, unsigned opinion but writ
ten disSents were filed by JUS
tices Reed, Burton and Clark.
The opinion stated that a new
trial should be granted because
of official intrusion into the
privacy of the jury" even
though the intrusion appar-
emily was unintentional.
Although the Supreme Courts
opinion did not discuss details
of the case, Gold had contended
that his trial here was unfair
because FBI agents communicate
ed with several members of the
jury or their families in relation
to another matter during the
trial. Gold was president of the
International Fur and Leather
workers Union when, in August
1850, he filed a non-communist
AFFIDAVIT with the National Labor
Relations Board. The Govern
ment contended that he was a
well known communist and had
been party member for 80 years
prior to 1850.
Argued Last Tuesday
The case was argued only last
Tuesday in Supreme Court. Gold
had received a sentence from one
to three years in prison. The
United States Court of Appeals
last March upheld the couvic-
ton by four to four vote.
In another action today the
court announced it would re-
view a question in connection
with the income tax evasion con-
viction of Frank Costello, New
York gambler.
The court last year affirmed
CoStello's conviction. He APP
pealed again on the ground that
he was sentenced under the
wrong statute. He declared he
should have been sentenced UNI
der the 1889 code which set a
limit OF one year Imprisonment
for the offense for which he was
charged.
Another chapter in the long
struggle over Longfellow Build
ing Corp. stock, formerly held by
the National Home Library
Foundation here. ended today
when the Supreme Court refused
to review a challenge to the
Justice Departments procedure
in the case.
Petition Denied
The court denied a petition
by Dean Acheson and other at
torneys representing the Mount
Vernon Mortgage Corp. and four
trustees of the foundation. They
sought reversal of United
States District Court order here
requiring return of several hun
dred shares of Longfellow stock
sold to the mortgage company
in 1943 by those trustees.
The litigation involving the
foundation and the Longfellow
Building at Connecticut and
Rhode Island avenues NV. has
been in the courts here for sew
eral years.
The latest legal move was the
petition sent to the Supreme
Court by the former Secretary
OF State as sattorney FOR the
mortgage company and the
trustees. This commended that
the lower court order for vestor-
alton of the stock in question
should be set aside mainly on
the ground that the present suit
was started by former Attorney
General j. Howard McGrath.
Mr.. Acheson and other lawyers
associated with him in the case
declared that the Justice De-
partment failed to meet proce-
dural requirements because the
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