The people's voice., 1958-05-16

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Hellman. 36-year-old Montana ma
tive. faces the force of the United
States government with two court
appointed attorneys, Charles thinner
man and Robert A. Poore. 1t seems
to be a little known fact that attor-
neys appointed by federal judges to
defend someone receive no fee
as they do in state court.
Representing the United States gov
ernment is U. S. Attorney Krest Cyr,
assisted by two Washington ID. c.,
Department of Justice attorneys, Will
liam S. Kenney and John F. Lally,
and a representative of the FBI. The
government will present witnesses
from many parts of the country, in
an attempt to prove their contention
that John Hellman is member of
the Communist Party and not only
knew the party sought and advocated
the overthrow and destruction of the
government, but that he intended by
his membership in it to seek to bring
it about as soon as circumstances
would permit.
Hellman's attorney, Robert Poore,
in his opening statement, said that
the defendant would not deny that
he is or was member of the Com
munist Party from November, 1947,
but that the defense would vigorously
resist government efforts to prove
that the party advocates, teaches or
works toward forcible and violent |
overthrow of the government, or that
Hellman by reason of his membership |
was dedicated to any such aims. He
said the Communist Party of the
United States is not on trial he |
said, "The issue is not whether the
party is a good thing or bad thing.
A human being is on trial and he is
threatened with loss of liberty.
1t took two days to choose the jury.
There were 1877 people called and sc
were questioned before IL people
and two alternates were picked. 1t
was a surprise to some people that
it did not take longer because of the
complex questions involved in quail
flying as juror.
Federal Judge w. D. Murray ques-
toned the jurors. The questions were
by attorneys for both sides
and the Judge used his own discre-
ton in drawing out the feelings and
of the prospective jurors.
Judge Murray explained the ques-
tions jurors would be called upon to
resolve so they would know something
Of the case they were to judge. He
reminded them that in America a
person is presumed to be innocent
until he is proven guilty by the facts
by the attorneys for the
He explained, the de-
fendant is presumed innocent until
he is proven guilty beyond reason
lble doubt. He said "reasonable doubt,
generally speaking, is a fair doubt
based upon reason and common sense
)ased on evidence or lack of evil
lence".
Interesting to me were the ques-
tions the jurors had to answer to
remain on the panel, and I think
they would be interesting to every
one.
There were routine questions con-
erning the juror, whether he knew
my of the parties involved in the
ase, ETC., then the ones that were not
70 easy. Would you have been able to
lualify as a juror in a Smith Act
rial? How would you have answered
hese questions? :
1. Do you thing belonging to the
Communist Party is a crime?
2. Do you believe in constitutional
3. Do you have prejudice against v
nybody who criticizes our form of t
government? g
a. If a person refuses to testify C
yould that prejudice or bias your
ecision? 18th Amendment) a
5. Do you think that the Commu- v
ist Party should be banned by law? C
6. Would you fraternize with a b
nown Communist or would you be p
rejudiced against him? t
z. Do you have opinions about
neither the Communist Party is ]
lbversive organization? p
8. Do you have opinions about e
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