The opinion of the court was delivered by: GOURLEY
In connection with divers indictments returned by the grand jury on March 4, 1954, commonly known as the vote fraud indictments, numerous motions have been filed before this court.
For purposes of clarity the indictments have been classified in specific categories for disposition of this issues presented.
The following opinions are herein reported:
I. Motion to produce records of the grand jury.
II. Motions to quash indictments:
(a) Conspiracy to intimidate indictments, 126 F.Supp. 713.
(b) Bribery indictments, 126 F.Supp. 718.
(c) Perjury indictment, 126 F.Supp. 720.
Motion to Produce Records of the Grand Jury.
This is a motion by defendants to require the United States Attorney to produce records of the grand jury for inspection by this court.
The grand jury returned the above indictments alleging a conspiracy to intimidate voters in the November 4, 1952 elections in Pennsylvania, 18 U.S.C. § 241.
Defendants contend that a witness appeared before the grand jury strongly identified with a self-styled reform movement in the area where the alleged intimidations occurred, and that her testimony, which must necessarily have been based upon hearsay, was a contributing factor to these indictments.
They further advance the thesis that the sole purpose of this witness' appearance was to harangue, browbeat or otherwise exert undue influence upon the grand jurors and subvert the purpose of their convening.
Pursuant to the view that this testimony, of an incompetent and inadmissible nature, could have materially swayed the jurors in their deliberations, defendants insist that the court should review the entire proceedings before the grand jury and determine what part, if any, said testimony played in instigating the indictments, so that the ...