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U.S. Drops Indictment Against Furry As Julian Finds Evidence 'Insufficient'

Kamin's Jan. Acquittal Seen as Precedent For D.A.'s Action

By Bernard M. Gwertzman

The government decided yesterday not to continue its prosecution of Wendell H. Furry, associate professor of Physics, who was indicted last year for contempt of Congress. Furry had refused to disclose the names of any Communists he had known.

Furry follows Leon J. Kamin '48, former research assistant in Social Relations, as the second Harvard man to be freed from contempt of Congress charges. Kamin was acquitted by Judge Bailey Aldrich '28 in January.

United States Attorney Anthony Julian made the Furry announcement by issuing this short statement:

"The evidence in this case is deemed insufficient to warrent further prosecution of the defendent on this indictment."

The Furry dismissal yesterday was seen by observers as another defeat for Senator Joseph R. McCarthy and his 1952-54 Permanent Investigating Sub-Committee. This was the committee, led by McCarthy, which questioned both Furry and Kamin in 1953 and 1954 about their alleged Communist affiliations.

Actually, the government's decision to ask for dismissal of the charges against Furry was not a surprise move. After Kamin was freed in January, most observers were sure that the Furry charges would also be dropped. Both Kamin and Furry were indicted by Congress for refusing to tell the McCarthy committee virtually the same things.

Aldrich, in acquitting Kamin, said the McCarthy committee did not have the right to investigate subversion in defense plants, ostensibly the reason that Kamin and Furry were summoned.

For further background on the Furry and Kamin cases, see today's special supplement, page S-Six, which was printed earlier in the week, before yesterday's government announcement.

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