Brunner

On August 31, 1950, the United States District Court in and for the Southern District of California, Honorable Ben Harrison, United States District Judge, presiding, was engaged in the trial of a criminal prosecution wherein the United States of America was plaintiff and one Sidney Weinbaum was defendant. The indictment charged perjury by defendant. Brunner was called as a witness in behalf of the United States.

Brunner was asked:

Q. “Between the years 1937 and 1938 were you a member of the Communist Party in Pasadena, California?” He said: A. “I feel I must decline to answer that on the ground that it might incriminate me.”

After considerable colloquy, in which Brunner was directed to answer by the Court, he consulted his counsel and responded in the same manner. A lengthy recess intervened. Brunner resumed the stand and was asked:

Q. “Calling your attention to the years 1937 through 1939, were you acquainted with the defendant Sidney Weinbaum in Pasadena, California?” A. “Yes, I know Sidney Weinbaum.”

Later the reporter read the following question to the witness, which had been asked before by the United States Attorney :

Q. “Did you, during that same period of time, ever…