UNITED STATES v. FOSTER


83 F.Supp. 197 (1949)

UNITED STATES v. FOSTER et al.

United States District Court S. D. New York.

March 4, 1949.


Attorney(s) appearing for the Case

John F. X. McGohey, U. S. Atty., of New York City (John F. X. McGohey, U. S. Atty., Frank H. Gordon, Special Asst. to the U. S. Atty., of New York City, and Irving S. Shapiro, Sp. Asst. to U. S. Atty., of Washington, D. C., Edward C. Wallace, Sp. Asst. to Atty. Gen. and Lawrence K. Bailey, Attorney, Department of Justice, of Washington, D. C. of counsel), for the Government.

Unger, Freedman & Fleischer, of New York City (Abraham Unger and David M. Freedman, both of New York City, of counsel), for Jacob Stachel, Carl Winter, William Z. Foster, Eugene Dennis and Henry Winston.

George W. Crockett, Jr., of Detroit, Mich., co-counsel for defendants Stachel and Winter.

Harry Sacher, of New York City, for Irving Potash, Benjamin J. Davis, Jr. and John Yates.

Abraham J. Isserman, of New York City, for Gilbert Green and John B. Williamson.

Louis F. McCabe, of Philadelphia, Pa., for William Z. Foster, Eugene Dennis and Henry Winston.

Richard Gladstein, of San Francisco, Cal., and Mary M. Kaufman, of New York City, for Gus Hall and Robert G. Thompson.

George Wagman Fish, of New York City, amicus curiae for American Labor Party.

Pressman, Witt & Cammer, of New York City, amici curiae for Food, Tobacco, Agricultural & Allied Workers Union (CIO) and others.

Marian Wynn Perry and Arthur G. Silverman both of New York City, amici curiae for National Lawyers Guild, New York City Chapter.

J. Bruce Fratis, Benjamin Dreyfus, George Olshausen, Charles R. Garry and Dudley Shearer, all of San Francisco, Cal. amici curiae for National Lawyers Guild, San Francisco Chapter.


MEDINA, District Judge.

Defendants, indicted for conspiracy to advocate the overthrow and destruction of the government by force and violence, 18 U.S.C.A. § 2385, have filed a challenge to the array and have moved to quash and dismiss the entire panel, venire and jury list and to dismiss the indictments on the ground that there has been a wilful, deliberate and systematic exclusion, in whole or in substantial part, of the poor, the propertyless, persons of humble...

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