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UNITED STATES v. VAN WAGENEN-SAGER, INC.

34 F.Supp. 736 (1940)

UNITED STATES v. VAN WAGENEN-SAGER, Inc., et al.

District Court, N. D. New York.

August 28, 1940.

Attorney(s) appearing for the Case

Ralph L. Emmons, U. S. Atty., of Binghamton, N.Y. (John K. Carroll, Sp. Atty., of New York City, of counsel), for Government.

Melvin & Melvin, of Syracuse, N. Y. (Jerome K. Cheney, of Syracuse, N. Y., of counsel), for defendants Van Wagenen-Sager, Inc., Robert G. Van Wagenen and Julia Loan.

Paul R. Shanahan, of Syracuse, N. Y., for Caroline Smith.

BRYANT, District Judge.

Defendants, Caroline Smith and Julia Loan, move for dismissal of the indictment upon the ground that the Grand Jury considered evidence which violated the rights accorded them by the Fifth Amendment to the Constitution of the United States.

A Grand Jury was duly organized on the 2d day of April, 1940, and remained in session until discharged on or about May 20th, 1940. During April the Grand Jury considered alleged substantive violations...

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