UNITED STATES v. McWILLIAMS

No. 9438.

163 F.2d 695 (1947)

UNITED STATES v. McWILLIAMS et al.

United States Court of Appeals District of Columbia.

Decided June 30, 1947.


Attorney(s) appearing for the Case

Messrs. William E. Leahy, Special Assistant to the Attorney General, and Irving S. Shapiro, Attorney, Department of Justice, of Washington, D. C., with whom Messrs. Theron L. Caudle, Assistant Attorney General, and Robert S. Erdahl, Attorney, Department of Justice, of Washington, D. C., were on the brief, for appellant.

Mr. E. Hilton Jackson, of Washington, D. C., with whom Mr. John W. Jackson, of Washington, D. C., was on the brief, for appellee Gerald B. Winrod.

Mr. Albert W. Dilling, of Chicago, Ill., pro hac vice, by special leave of court, for appellee Elizabeth Dilling.

Mr. Lawrence Dennis, pro se.

Submitted on briefs: For appellee Pelley by Mr. T. Emmett McKenzie, of Washington, D. C., for appellees Deatherage and McWilliams by Mr. J. Austin Latimer, of Washington, D. C., for appellee Hudson by Messrs. James A. Davis and Thomas X. Dunn, both of Washington, D. C., for appellee Klapprott by Mr. Charles E. Morganston, of Washington, D. C., and by Robert E. Edmondson, pro se.

Appearances: For appellee Dilling by Mr. J. Austin Latimer, of Washington, D. C., for appellee Broenstrup by Mr. Ira Chase Koehne, of Washington, D. C., for appellee Lyman by Miss Elizabeth R. Young, of Washington, D. C., for appellee Viereck by Mr. Ben Lindas, of Washington, D. C., for appellee Kunze by Messrs. P. Bateman Ennis and Harry Edson Morse, both of Washington, D. C., for appellees Schwinn and Diebel by Mr. Claude A. Thompson, of Washington, D. C., for appellee Sanctuary by Mr. George B. Fraser, of Washington, D. C., for appellee Stahrenberg by Mr. L. J. H. Herwig, of Washington, D. C., for appellee Manufacturers Casualty Insurance Company by Mr. Phidias J. J. Nicholaides, of Washington, D. C.

No appearance for appellees Smythe, Washburn, Clark, Elmhurst, Sage, Alderman, Dennett, Ferenz, Jones, Baxter and Noble.

Before GRONER, Chief Justice, and EDGERTON and WILBUR K. MILLER, Associate Justices.


GRONER, C. J.

This is an appeal from an order of the District Court of December 2, 1946, dismissing an indictment against all of appellees. The indictment had been returned January 3, 1944, charging defendants with subversive activities in violation of the Act of June 28, 1940.1 The case went to trial before Judge Eicher and a jury on April 17, 1944, and ended in a mistrial some eight months later as a result of Judge Eicher's sudden death...

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