Green v. United States

• Decision Date: 30 October 1951
• Docket Number: 22121.,No. 304,305,Dockets 22120,304
• Citation: 193 F.2d 111
• Parties: GREEN v. UNITED STATES.
• Court: U.S. Court of Appeals — Second Circuit

193 F.2d 111 (1951)

GREEN v. UNITED STATES.

Nos. 304, 305, Dockets 22120, 22121.

United States Court of Appeals, Second Circuit.

Argued September 14, 1951.

Decided October 30, 1951.

Carol King, of New York City, for defendant-appellant.

Roy M. Cohn and James B. Kilsheimer, III, Asst. U. S. Attys., both of New York City (Irving H. Saypol, U. S. Atty., and Albert A. Blinder and Robert Martin, Asst. U. S. Attys., all of New York City, on the brief), for appellee.

Before CHASE, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

This is a consolidated appeal from two contempt orders carrying concurrent sentences of six months' imprisonment. The orders grew out of proceedings had when four of the defendants whose conviction was affirmed in Dennis v. United States, 341 U.S. 494, 71 S.Ct. 857, 95 L.Ed 1137, failed to appear for surrender to start service of their terms of imprisonment. After the bonds of the fugitives were called the district judge caused to be brought before him three of the trustees of the Bail Fund of the Civil Rights Congress of New York who had furnished the bail and, upon their refusal to answer certain inquiries and produce certain records, found them in contempt in proceedings affirmed herewith. United States v. Field, Hammett, and Hunton, 2 Cir., 193 F.2d 92. Thereafter Field was separately found in contempt for failure to comply with directions of a Grand Jury investigating the escape of the fugitives, and that order is also affirmed herewith in the second companion case of United States v. Field, 2 Cir., 193 F.2d 109. This is a third of such proceedings and developed when defendant Green, another trustee of the Bail Fund, was called before the same Grand Jury.

Defendant Green had been previously questioned about the books and records of the Bail Fund on July 3, 6, and 9, 1951, by the judge then presiding. This particular proceeding began when a subpoena duces tecum was served on him on July 19 requiring him to bring before the Grand Jury the books, documents, and records of the Bail Fund. His failure to produce any records, even though he was directed to proceed, and did return, to his office on July 23 for the purpose, led to his being brought before the district judge below on the same afternoon, with a like direction, and further appearances on July 25 and 27. Beginning on July 23 the Grand Jury had directed him to produce certain records of the American Committee for the Protection of the Foreign Born, of which he was Executive Secretary, because of the apparent connection between the Bail Fund and this committee. Defendant objected that these records were not material to the investigation, and stated that he had made no effort to produce any of them. Finally on July 27 he was specifically directed to produce the records, particularly of contributors to their funds, before the Grand Jury on the following Monday morning, and then stated: "I regret, your Honor, that I find myself in a position where I will not obey the direction of the Court." Upon hearing this answer the judge found him in contempt and sentenced him to the six months' term of imprisonment. This is the first order.

The second order was entered against him on July 30 after four separate appearances before the Grand Jury and resulting appearances before the judge below in connection with the Grand Jury's direction to him to produce books and records of the Bail Fund of which he was a trustee. He produced no records and, even though directed to return to his office, admitted that he made only a perfunctory search at best, his excuse being that the books were actually in the possession of Field, who had already gone to jail for the contempts mentioned above. The second contempt order followed...