United States v. Bramson, 48.
| Citation | 139 F.2d 598 |
| Decision Date | 19 November 1943 |
| Docket Number | No. 48.,48. |
| Parties | UNITED STATES v. BRAMSON et al. |
| Court | U.S. Court of Appeals — Second Circuit |
Bertha Rembaugh, of New York City (Martin J. Forgang, of New York City, of counsel), for appellant Robert North.
George Wolf, of New York City (Victor Feingold, of New York City, of counsel), for appellants Bramson and Reliance Underwriting Corporation.
James B. M. McNally, of New York City (Thomas F. Murphy, of New York City, of counsel), for appellee.
Before SWAN, AUGUSTUS N. HAND and FRANK, Circuit Judges.
Defendants Bramson and Reliance Underwriting Corporation complain principally of alleged errors in connection with the testimony of a government witness Robinson, a post office inspector and accountant. There were received in evidence summaries or recapitulations prepared by Robinson, from the books and records of Commonwealth, of all the certificates that were redeemed in series F and G. Defendants complain that it was not shown that Robinson's testimony and his summaries were based upon the complete books and records. These books and records had been introduced in connection with the testimony of a witness Miss Benson, treasurer and assistant secretary of Commonwealth. When on the stand, she was unable to find two or three certificates; but the records were admitted in evidence with leave to defendants to move to strike out her testimony and the records; no such motion to strike out was thereafter made. It was accordingly proper to receive in evidence Robinson's summaries based on the records. Cf. United States v. Schenck, 2 Cir., 126 F.2d 702, 708-709. Defendants also objected to the admission in evidence of certain charts prepared by Robinson, on the ground that they were prepared on the basis of an improper interpretation by Robinson of two identical clauses in the two trust agreements. The trial judge agreed with that interpretation, pointing out that the clauses on their face were ambiguous and that the interpretation on which Robinson had based his charts was in accord with the interpretation put on those clauses by the defendants Bramson and Reliance according to their own conduct. As we are satisfied that the trial judge was correct, there is no need to go into the details of this matter. To show that this interpretation was incorrect, defendants rely heavily on the testimony of their witness Lipkin, who also prepared charts showing a result other than that shown by Robinson's charts; but Lipkin testified that a number of the figures included in the charts he prepared were based not on the records in evidence, but on information given him by the defendant Bramson who did not take the witness stand. We conclude that there was nothing in connection with the testimony of Robinson which constitutes reversible error.
Yetta Land, Bramson's sister, a lawyer, was asked by government counsel whether she represented "a great many Communists." Objection was made to this question but at once withdrawn. The witness, having answered that she represented "a lot of Communists, like Republicans and a lot of Democrats," was then asked "Are you a Communist?" The witness inquired of the judge whether he desired her to answer this question which she considered improper; the judge replied that it was a matter of indifference to him, but that, if an objection were made, he would sustain it. Objection was made and no answer to the question was given. No motion was made by defendants that the court instruct the jury to disregard this question. It...
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