UNITED STATES v. FOSTER


81 F.Supp. 280 (1948)

UNITED STATES v. FOSTER et al. (two cases).

United States District Court S. D. New York.

November 5, 1948.


Attorney(s) appearing for the Case

John F. X. McGohey, U. S. Atty., of New York City (John F. X. McGohey, U. S. Atty., and Frank H. Gordon, Sp. Asst. to U. S. Atty., both 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, Atty., Department of Justice, of Washington, D. C., of counsel), for the Government.

Unger, Freedman & Fleischer, of New York City (Abraham Unger, of New York City, of counsel), for all defendants except Gates, Dennis and Williamson.

Harry Sacher, of New York City, for defendant John Gates.

Abraham J. Isserman, of New York City, for defendant John B. Williamson,

Louis F. McCabe, of Philadelphia, Pa., for defendant Eugene Dennis.


MEDINA, District Judge.

The affidavit of bias or prejudice herein is stricken. It does not meet the requirements of 28 U.S.C.A. § 144 and is insufficient on its face. The colloquy between the Court and counsel had to do with the importance and character of questions of law relating to the sufficiency of the indictment and the time to be allowed by way of continuance in order that counsel might adequately prepare for the presentation of his points in due course...

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