United States v. Hall, 284-287
Decision Date | 14 July 1949 |
Docket Number | No. 284-287,Docket 21386-21389.,284-287 |
Citation | 176 F.2d 163 |
Parties | UNITED STATES v. HALL. UNITED STATES v. WINSTON. UNITED STATES ex rel. HALL v. MULCAHY, United States Marshal. UNITED STATES ex rel. WINSTON v. MULCAHY, United States Marshal. |
Court | U.S. Court of Appeals — Second Circuit |
COPYRIGHT MATERIAL OMITTED
Richard Gladstein, San Francisco, Cal., for appellant Gus Hall.
Louis F. McCabe, Philadelphia, Pa., for appellant, Henry Winston.
Harry Sacher, New York City, Abraham J. Isserman, Los Angeles, Cal., George W. Crockett, Jr., Washington, D. C., on the brief, for appellants.
John F. X. McGohey, United States Attorney for the Southern District of New York, New York City, Frank H. Gordon, New York City, and Irving S. Shapiro, Washington, D. C., Special Assistants to the United States Attorney, Edward C. Wallace, Special Assistant to the Attorney General, Lawrence K. Bailey, Washington, D. C., Attorney, Department of Justice, of Counsel, for appellees.
Before SWAN and CHASE, Circuit Judges, and SMITH, District Judge.
Writ of Certiorari Denied October 17, 1949. See 70 S.Ct. 90.
The appellants are two of eleven defendants on trial by jury in the District Court for the Southern District of New York on an indictment charging conspiracy to violate Section 10 of Title 18 U.S.C. now 18 U.S.C.A. § 2385. Each of them has been adjudged in criminal contempt of court and, though previously having been enlarged on bail, has been remanded for the duration of the trial. Each has appealed from such order as to him and also from a separate order dismissing a writ of habeas corpus. These appeals have been consolidated in this court and one opinion will suffice to dispose of them all.
Several months after the above trial had started and when another of the defendants, John Gates, was testifying as a witness for the defense, he was, on June 3, 1949, adjudged in contempt of court and sentenced for refusing to obey the order of the court directing him to answer a question which the district attorney had asked him on cross-examination. (His refusal was based on constitutional grounds and appeal from that judgment has already been heard by this court and the judgment affirmed in an opinion filed July 1, 1949.) These appellants immediately participated in a demonstration in the court room during which they stood up with their co-defendants, other than Gates, and indicated, as will later appear, their disapproval of the action taken by the judge in respect to Gates. The appellants were at once remanded for the duration of the trial and were taken into custody by the Marshal in whose custody they have since remained, being in court during each succeeding session thereof without benefit of bail, their applications for which have all been denied.
Each of these appellants, on June 6, 1949, filed his petition for a writ of habeas corpus. The writs were issued at once and came on for hearing on June 7, 1949, before another judge. The petitions for the writs showed the oral orders remanding the appellants for the duration of the trial and the returns filed showed that the Marshal was detaining the relators pursuant to these orders. The record not being then satisfactorily clear as to whether they had been held in contempt, the judge at a hearing held on June 8, 1948, desired counsel to request the trial judge to answer the following question: "Was the remanding of the defendants Hall and Winston on June 3, 1949, intended as a form of punishment for any misbehavior on their part in the presence of the Court, constituting a contempt of court under Title 18, United States Code, Section 401(a) sic.; Section 401 (1)?"
When his court convened on the afternoon of the same day, June 8, 1949, this question was handed in writing to the trial judge and he replied to it at once as follows: "My answer is that the remanding of the defendants Hall and Winston on June 3, 1949, was intended, first, as an exercise of my plenary powers to remand the defendants, or any of them, at any time, and as a form of punishment for misbehavior on their part in the presence of the Court, constituting a contempt of Court under Title 18 U.S.C. Section 401(a) sic.; Section 401(1)."
On the same day the trial judge entered formal identical orders of contempt against each appellant and filed identical certificates as to each, pursuant to the requirements of Rule 42(a) of the Rules of Criminal Procedure, 18 U.S.C.A., as follows:
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He was then remanded to the custody of the Marshal.
"
He was then remanded to the custody of the Marshal.
The reply to the question asked the trial judge and the orders of contempt and certificates became a part of the record in the habeas corpus proceedings. On June 9, 1949, the appellants moved before the trial judge to set aside the...
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