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Facts Forum News, Vol. 4, No. 9, October 1955
File 042
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Facts Forum. Facts Forum News, Vol. 4, No. 9, October 1955 - File 042. University of Houston Libraries. University of Houston Digital Library. Web. October 29, 2020. https://digital.lib.uh.edu/collection/1352973/item/69/show/41.

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Facts Forum. Facts Forum News, Vol. 4, No. 9, October 1955 - File 042. Facts Forum News, 1955-1956. University of Houston Libraries. Retrieved from https://digital.lib.uh.edu/collection/1352973/item/69/show/41

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

Facts Forum, Facts Forum News, Vol. 4, No. 9, October 1955 - File 042, Facts Forum News, 1955-1956, University of Houston Libraries, accessed October 29, 2020, https://digital.lib.uh.edu/collection/1352973/item/69/show/41.

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

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Title Facts Forum News, Vol. 4, No. 9, October 1955
Alternate Title Facts Forum News, Vol. IV, No. 9, October 1955
Series Title Facts Forum News
Creator
  • Facts Forum
Publisher Facts Forum
Date unknown
Language eng
Subject
  • Anti-communist movements
  • Conservatism
  • Politics and government
  • Hunt, H. L.
Place
  • Dallas, Texas
Genre
  • journals (periodicals)
Type
  • Text
Identifier AP2.F146 v. 4 1955; OCLC: 1352973
Collection
  • University of Houston Libraries
  • Facts Forum News
Rights No Copyright - United States
Item Description
Title File 042
Transcript iii went all the Communist sympathizers. It was just one mass of Communist sympathizers. When 1 made that adjudication, you just can't imagine what happened. That mass of humanity rose as one man—all the defendants, all the lawyers, all the spectators, and there was a shouting and hullabaloo such as you never heard. It was designed to break up that trial then and there. As I look back, I realize it would have happened but for the fact that someone else was helping me that day. I sat there and I didn't raise my voice, but I picked them off one after another. "This is Mr. Hall. Mr. Reporter. Mr. Hall just said thus and so, and Mr. Hall I remand you for the balance of this trial." With the shouting and hullabalooing still going, I picked off another one. "Mr. Winston, you just said thus and so. I remand you for the balance of tbe trial." Then I got another one—then another one. All quietly, without any hullabaloo, without any shouting, without raising my voice at all. and pretty soon it began to look a little menacing and the shouting and hullabaloo quieted down. They were all still standing and there was a Mr. Dennis right in the middle. He was the leader of the whole group— their spokesman, and he was his own lawyer. He leaned back and started giving me a tirade. I said, "Mr. Dennis, don't you remember I told you I would treat you as one of the lawyers and so whatever you say, I am not going to put you in jail with your friends. But really. Mr. Dennis, you look a little silly to me." Well he began to feel a little silly to himself, and it just goes to show you how quiet firmness will accomplish things. He just could not go on. and I said. "Now, Mr. Dennis, why don't you sit down?" Well he did not want to sit down, but after a moment or two he turned to the rest of them and he said, "Sit down," and plop they all went down. Mind you, they paid no attention to me—but when Mr. Dennis said sit down they all sat down and the crisis was over; and we went on with the rest of that session. On Monday came the sequel. Monday morning we went on with the trial the same as usual. These fellows that I had remanded were brought down from the jail handcuffed to the marshals. When they were brought in they sat down with the other defendants. After lunch, when I came back to the afternoon session of court. I noticed the lawyers wanted to see me in the little room back of the courtroom. When they came in, I saw all these Communist lawyers beaming and smiling and I knew there was something up so I asked what was going on. "Well." said one of them, "we argued before Judge Lybell this morning Writs of Habeas Corpus in connection with the imprisonment of those men that you tyranically put into jail last Friday." Incidentally, that Friday when I pul them all in jail the Communist line was that I was a tyrant—the worst judicial tyrant that the world had ever known. This came out over the Moscow short wave radio, it came out in the Daily Worker, it came out of Mr. Vishinsky in the United Nations, and it came out of Henry Wallace, who issued a statement almost word for word the same as all these others. It was the new Communist line that I wa- a tyrant for putting that man in jail for refusing to answer a perfectly proper question. What was I to do? Abdicate/ Abdicate the authority of administration of justice of the United States because this man challenged it? Or do what was right, and be called a tyrant by everyone who chose to follow the Communist line of the moment? Well, anyway, there I was and they said Judge Lybell had prepared some questions for me to answer. Remember, all I had said was, "I remand you for the balance of the trial," and I had not said for what. They had these questions in an envelope, and I said, "Let us open the envelope and see what the questions are." "Oh no!" they said—these spokesmen for the Communists—"Judge Lybell has directed that you open this envelope in open court and give your answers to the questions there." Well, you can imagine what I thought about Judge —Wide World Pholo Demonstrators march in New York's Foley Square, January, 1 949, in protest against the trial of the 11 top-ranking Communist party leaders on charges of conspiring to advocate the forceful overthrow of the U. S. government. In the background is the Federal Courthouse, scene of the trial. The demonstrators marched under the watchful eyes of a special force of police assigned to the trial. Lybell at that particular moment. As it turned oul. il was the only thing for him to do. I saw lhat afler 1 bad a chance to think about it. Mind you, I had been accused there day after day of conniving with this, conniving with thai, conniving with Judge Knox to monkey around with the jury system so that we would have nothing but jurors who were executives, and all this and that, and so when Judge Lybell used the device that he did. he did thc right thing. I see that now, but then—I realized how alone 1 was. there in the great United States Courthouse with all the other United States judges. I was alone—I had to deal with the case by myself—no one could share thai responsibility with me withoul giving these fellows some opportunity lo start some new kind of proceeding and muddy the welters bv some- new accusation of one kind or another, and so I put on my robe and I went on the bench. Of course. 1 could have opened the envelope, nobody could have stopped me, but I was not going to show the white feather. I said, "All right, give me my robe," and I got up there on the bench and I opened the envelope. There vvas question one: "Did you remand the defendants thus and so and thus and so as and for a criminal contempt of courl committed in Ihe immediate view and presence of thc Court?" Question two: "Did you remand them in Ihe exercise of your plenary powers as a trial judge to supervise the bail?" Well, I looked around and fortunately for me the right answer was clear enough. I suppose anybody would have thought of it. and I said, "I sentenced them for a criminal contempt in my immediate view and presence and in the exercise of my plenary powers to regulate the bail of the defendant on trial, and in the exercise of any and all other powers thai I possess under the Constitution and laws of the United States." These fellows were not smiling any more then. Every adjudication I made, and every ruling through lhat long perilous trial slood up on appeal. If thev had reversed one of those there would have been the fool in the door—lhe beginning of lhe demolition process that they planned all along. Well, that was just one of the things thai llicy did to break it up. We got around into the summer, and oh, my! by that time I was really hanging on hy my eyelashes. You see, I didn't dare have a recess. We had a jury there. They had already been tampering with two of the jurors, but I won't go into that and tell you about that now. I didn't dare have a recess of even a day. I had to keep at it all the time, becaus" I didn't want to have the jury confined to some hotel, pul out Page 40 FACTS FORUM NEWS, Oelob, r,
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