US District Court
District of Maine
Southern Division

United States of America
                v
The Wilhelm Reich Foundation,
a Maine Corporation, Wilhelm
Reich and Michael Silvert

Criminal Action No. 5003

(note: items with a " * " were not listed in court docket list but were included in the Vol at the court. Pages listed here are where the copies were included out of the XXX pages in Volume X at court in Portland. The Volume pages were not numbered in sequence but each document had its own page numbers and these are sometimes included on the web page of the document)

Docket #  |  Date  |  Filings-Proceedings description and pp. numbers

Jul 15 Information and Application in criminal contempt filed by Peter Mills, U.S. Attorney w/order to Show Cause in Criminal Contempt, Cliffrord, J., that the defendants, The Wilhelm Reich Foundation, a Maine Corporation, Wilhelm Reich, and Michael Silvert, appear personally before this Court at the U.S. Courthouse in the Post Office Building, Portland, Maine, on the twenty-sixth day of July, 1955, at 1:30 o'clock PM, EST, to show cause, filed.

Jul 20 Return of Marshal of service of Information and Application upon the Wilhelm Reich Foundation and upon Wilhelm Reich on Jul 18, 1955 filed.

Jul 21 Return of Marshal of service of Information and Application upon Michael Silvert on July 18, 1955 filed.

Jul 26 Appearance of Joseph L. Maguire, Acting Assistant General Counsel, Department of Health and Welfare, Washingtion 25, D.C., counsel for pl filed.

Jul 26 Appearance of Frederick G. Fisher, Jr., 60 State St., Boston, Mass., counsel for Wilhelm Reich Foundation and for Wilhelm Reich, filed.

Jul 26 Hearing had before Clifford, J., on Information and Application.

Jul 26 Motion of the Wilhelm Reich Foundation to Discharge Order to Show Cause, filed.

Jul 26 Motion of Wilhelm Reich to Discharge Order to Show Cause, filed.

Jul 26 Demand for Jury Trial of Defendant the Wilhelm Reich Foundation, filed.

Jul 26 Demand for Jury Trial of Defendant Wilhelm Reich, filed.

Jul 26 Oral motion to discharge Order to Show cause made by Charles Haydon, 52 Broadway, New York, New York, counsel for Michael Silvert.

Jul 26 Demand for Jury trial orally made by Charles Haydon, counsel for Michael Silvert.

Sep 23 Praecipe for subpoena to Thomas Mangravite, filed.

Sep 23 Praecipe for subpoena to Orgone Institute Research Laboratory, Inc., and Michael Silvert, M.D., Treasurer, filed.

Sep 23 Praecipe for subpoena to Camille Thurston, filed.

Sep 23 Order, Clifford, J., that Thomas Mangravite appear on the 30th day of September, 1955 at ten o'clock AM, in the U.S. District Court, at Portland, Maine, and bring with him the books, ledgers, accounts, etc., as requested in the Praecipe for Subpoena filed herein; that notice be given to said Mangravite by serving him with a Subpoena to Produce Document or Object, and with an attested copy of this Order, on or before Sept 27, 1955, filed.

Sep 23 Order, Clifford, J., that Orgone Institute Research Laboratory, Inc., appear and bring to the U.S. District Court, at Portland, Maine, on the 30th day of September, 1955, at ten o'clock AM, the books, ledgers, accounts, etc., as requested in the Praecipe for Subpoena filed herein; that notice be given to said corporation by serving upon Michael Silvert, its Treasurer, Subpoena to Produce Document or Object, and with an attested copy of this Order, on or before Sept 27, 1955, filed.

Sep 23 Order, Clifford, J., that Camille Thurston appear on the 30th day of September, 1955 at ten o'clock A.M., in the U.S. District Court, at Portland, Maine, and bring with her the books, ledgers, accounts, etc, as requested in the Praecipe for Subpoena filed herein; that notice be given to said Camille Thurston by serving her with a Subpoena to Produce Document or Object, and with an attested copy of this Order, on or before Sept 27, 1955, filed.

Sep 23 Subpoena to Produce Document or Object to Thomas Mangravite issued.

Sep 23 Subpoena to Produce Document or Object to Orgone Institute Research Laboratory, Inc., Michael Silvert, Treasurer, issued.

Sep 23 Subpoena to Produce Document or Object to Camille Thurston, issued.

Sep 23 Motion to Amend the Information w/Affidavit of Service, filed.

Sep 28 Subpoena to Produce Document or Object to Orgone Institute Research Laboratory, Inc., Michael Silvert, Treasurer, returned executed. Executed Sep 26, 1955.

Sep 28 Subpoena to Produce Document or Object to Camille Thurston, returned executed. Executed Sep 26, 1955.

Sep 30 Motion to Quash w/Cert of Service filed.

Sep 30 Subpoena to Produce Document or Object to Thomas Mangravite, returned executed. Executed Sep 27, 1955.

Sep 30 Praecipe for Subpoena to Michael Silvert, M.D., 50 Grove St., N.Y., N.Y., filed.

Sep 30 Praecipe for Subpoena to The Wilhelm Reich Foundation William Moise, Clerk, Rangeley, Maine, filed.

Sep 30 Praecipe for Subpoena to Western Union, New York, N.Y., filed.

Sep 30 Praecipe for Subpoena to New England Telephone and Telegraph Company, Rumford, Maine, filed.

Sep 30 Order, Clifford, J., that Michael Silvert, M.D., appear on the 10th day of October, 1955 at one o'clock P.M., in the U.S. District Court at Portland, Maine, and bring with him all books, ledgers, accounts, correspondence, memoranda and records of The Wilhelm Reich Foundation in his possession or under his control, as requested in the Praecipe for Subpoena filed herein; that notice be given to said Michael Silvert,M.D., by serving him with a Subpoena to Produce Document or Object, and with an attested copy of this Order, on or before Oct 5, 1955.

Sep 30 Order, Clifford, J., that the Wilhelm Reich Foundation appear and bring on the 10th day of October 1955 at 11 o'clock A.M., in the U.S. District Court, at Portland, Maine, the books, ledgers, accounts, etc., as requested in the Praecipe for Subpoena filed herein; that notice be given to said corporation by serving upon William Moise, its Clerk, a Subpoena to Produce Document or Object, and an attested copy of this order, on or before October 5, 1955, filed.

Sep 30 Order, Clifford, J., that Western Union appear and bring on the 10th day of October, 1955, at 11 o'clock A.M., in the U.S. District Court, at Portland, Maine, all copies of messages from Wilhelm Reich sent to Michael Silvert from Rangeley, Maine beginning in March through Oct. 1954 and April through July, 1955, and from Tucson, Ariz. in Nov. and Dec. 1954 and Jan. through April 1955, and from Wilhelm Reich from Tucson, Ariz. to Tom Ross in Nov. and Dec. 1954 and Jan. through March, 1955, as requested in the Praecipe for Subpoena filed herein; that notice be given to said Western Union by serving upon it, or its agent, a Subpoena to Produce Document or Object, and an attested copy of this order, on or before October 5, 1955, filed.

Sep 30 Order, Clifford, J., that the Chemical Corn Exchange Bank appear and bring on the 10th day of October, 1955 at 11 o'clock in the U.S. District Court, at Portland, Maine, all documents, papers, correspondence and records, or copies thereof, pertaining to any and all accounts of Orgone Institute Research Laboratories, Inc., Orgone Institute, Orgone Institute Press and The Wilhelm Reich Foundation, as requested in the Praecipe for Subpoena filed herein; that notice be given by serving upon it a Subpoena to Produce Document or Object, and an attested copy of this order, on or before October 5, 1955, filed.

Sep 30 Order, Clifford, J., that New England Telephone and Telegraph Company appear and bring on the 10th day of October, 1955 at 11 o'clock A.M., in the U.S. Dictrict Court, at Portland, Maine, all records of toll calls from February 10, 1954 to September 1, 1955, incoming to and outgoing from Rangeley, Maine over any telephone line, service for which was subscribed for by Wilhelm Reich, Orgone Institute, Orgone Institute Press and The Wilhelm Reich Foundation, as requested in the Praecipe for Subpoena filed herein; that notice be given to it by serving a Subpoena to Produce Document or Object, and an attested copy of this order, on or before October 5, 1955, filed.

Sep 30 Subpoena to Produce Document or Object to The Wilhelm Reich Foundation, William Moise, Clerk, Rangeley, Maine, issued.

Sep 30 Subpoena to Produce Document or Object to Michael Silvert, M.D., issued.

Sep 30 Subpoena to Produce Document or Object to Western Union, N.Y., N.Y., issued.

Sep 30 Subpoena to Produce Document or Object to Chemical Corn Exchange Bank, N.Y., N.Y., issued.

Sep 30 Subpoena to Produce Document or Object to N.E. Tel. & Tel. Co., Rumford, Maine, issued.

Oct 4 Subpoena to Produce Document or Object to The Wilhelm Reich Foundation, William Moise, Clerk, Rangeley, Maine, returned executed. Executed Oct. 1, 1955.

Oct 4 Subpoena to Produce Document or Object to N. E. Tel. & Tel. Co., Rumford, Maine, returned executed. Executed Oct 3, 1955.

Oct 7 Western Union Telegram withdrawing appearance of Frederick G. Fisher, Jr. and Hale and Dorr as counsel for Dr. Wilhelm Reich and The Wilhelm Reich Foundation, filed.

Oct 8 Subpoena to Produce Document or Object to Michael Silvert, M.D., returned executed. Executed Oct 4, 1955.

Oct 8 Subpoena to Produce Document or Object to Western Union, New York, N.Y., returned executed. Executed Oct 4, 1955.

Oct 8 Subpoena to Produce Document or Object to Chemical Corn Exchange Bank, returned executed. Executed Oct 4, 1955.

Oct 8 Received from The Western Union Telegraph Company, 60 Hudson St., New York 13, N.Y., envelope containing Western Union telegrams produced in accordance with subpoena.

Oct 10 Received from Chemical Bank & Trust Company, 165 Broadway, New York, N.Y., registered mail No. G32182 (envelope) produced in accordance with subpoena.

Oct 10 Received from the N.E. Tel & Tel. Co., Rumford, Maine one (1) box of toll tickets re Tel. No. Rangeley, Maine, 99 and 239, produced in accordance with subpoena.

Oct 10 Hearing had before Clifford, J., on motion to amend information and on motions to quash subpoenae duces tecum.

Oct 10 Motion to vacate and dismiss the Information and for stay by Mr. Haydon.

Oct 10 Oral appearance of Mr. Haydon for procedural matters on behalf of Dr. Reich, and The Wilhelm Reich Foundation.

Oct 10 Oral opposition by Mr. Haydon on behalf of all the defendants to the motion to amend the information on the ground that it adds new and defferent offenses and is not properly an amendment. The Court allowed the amendment to be filed. Amended Information and Application filed.

Oct 10 Oral agreement that the new information containing the allegations, as in the original information and in the proposed amendments shall be substituted for the original.

Oct 10 Counsel advised orally by the Clerk that the Court set the time for arraignment at 2PM, Oct 18, 1955.

Oct 10 Oral motion by Mr. Haydon to the Court, to direct the U.S. Attorney to serve the new information, as amended, on Wilhelm Reich and the Wilhelm Reich Foundation, directly. The Court allowed the motion.

Oct 10 Oral motion by Mr. Haydon to broaden the written motion to quash subpoenae to include Mangravite; Chemical Corn Exchange Bank; the Western Union of New York; Michael Silvert; the Orgone Institute Research Laboratory, Inc.; Michael Silvert as Treasurer; Camille Thurston of New York; William Moise, Clerk of the Wilhelm Reich Foundation; the New England Telephone and Telegraph Company of Rumford.

Oct 10 Oral motion by Mr. Maguire to inspect the material that is returned in pursrance of the subpoenae duces tecum and that the Court withold orders on this motion until the motions to quash are decided. Oct 10 Oral motion by Mr. Haydon to impound all material furnished pursuant to direction of the subpoenae until the ultimate disposition of these motions. Ordered impounded by Judge Clifford.

Oct 10 Oral motion by Mr. Haydon, on behalf of the defendant Michael Silvert for an order vacating the original decree of injunction that was entered in Civil No. 1056. on the ground that the decree was entered without jurisdiction, on the part of the Court.

Oct 11 Transcript of hearing on Oct 10, 1955 filed.

Oct 11 Order, Clifford, J., Granting Motion to Amend Information, and that the defendants be ordered to appear at 2 PM on Oct 18, 1955, for arraignment; and that service of the Information and Application be made upon the defendants or their attorneys of record, by service of a copy thereof and of a copy of this order, either in hand, or by leaving same at their last and usual place of business or residence, filed.

Oct 14 Western Union Telegram requestiing pro se appearance of Wilhelm Reich filed.

Oct 14 Return of U.S. Marshal on Order, Clifford, J., Grantiing Motion to Amend Information, filed. (Attached to Original Order.)

Oct 18 Appearances of Wilhelm Reich, Pro Se and Charles Haydon for the Foundation, filed.

Oct 18 Hearing had at Portland, Maine, before Clifford, J.

Oct 18 Following argument the Court denied the Motion to Vacate the Decree of Injunction entered in Civil No. 1056, on the grounds that the subject matter did come within the purview of the Food and Drug Act.

Oct 18 Arraigment of the Wilhelm Reich Foundation: Plea of "Not Guilty" was entered on behalf of the Foundation by Charles Haydon, its attorney. Nov 4th at 1:30 PM was set by the Court at which time it will hear argument on Motion to Dismiss the Information and any other motions which counsel intend to file.

Oct 18 Wilhelm Reich arraigned. Plea "Not Guilty".

Oct 18 Michael Silvert Arraigned. Plea "Not Guilty".

Oct 28 Motions Pertaining to Subpoenas Duces Tecum w/Affidavit of Service filed by Peter Mills. U.S. Attorney.

Oct 31 Motion to Dismiss Amended Information on the Ground of Illegal Procedural Tactics to Misrepresent Factual Truth in Court w/Affidavit of Service, filed by Michael Silvert, MD.

Oct 31 Motion to Dismiss the Case Against Orgonomy Completely and to Replace the Contempt of Court Charge by the Recommendation to Establish "Boards on Social Pathology" in the Court of the USA; Motion To Show and Correct Several Logical Errors in Procedural Formulations, w/ three Exhibits; Motion to Dismiss Amended Information on the Ground of Illegal Misrepresentation of Facts; and Motion for subpoenas w/Affidavit of Service of Motions, filed by Wilhelm Reich, MD.

Nov 1 Motions Pertaining to Subpoenas Duces Tecum w/Affidavit of Service filed by Wilhelm Reich.

Nov 1 Motion to Vacate Subpoenas Duces Tecum Supporting Pending Identical Motion to Vacate Submitted by Former Counsel Haydon, filed by Michael Silvert, MD, w/Affidavit of Service.

Nov 4 Letter from Charles Haydon to Judge Clifford withdrawing appearance as counsel for Michael Silvert and the Wilhelm Reich Foundation, dated Oct 21, 1955.

Nov 4 Letter from Charles Haydon to Judge Clifford confirming previous letter of Oct 21, 1955 stating withdrawal of appearance.

Nov 4 Appearance of Michael Silvert, pro se, filed.

Nov 4 Appearance of Wilhelm Reich, pro se, filed.

Nov 4 Waiver of Counsel by Defendant, Michael Silvert, filed.

Nov 4 Waiver of Counsel by Defendant, Wilhelm Reich, filed.

Nov 4 Hearing had on motions and action taken thereon as follows:

1. Motion requesting authority for Emotional Plague Prevention Office to appear for The Wilhelm Reich Foundation. Motion Denied.
2. Motion to establish "Boards on Social Pathology". Motion denied. Court having no such jurisdiction.
3. Motions by Drs. Reich and Silvert to dismiss the the Amended Information on the grounds of illegal misrepresentation of facts. Motion denied.
4. Motion to correct logical errors in procedural formulations. Motion denied.
5. Motions for postponement of decision on subpoenas duces tecum pending determination of motion to dismiss amended information. Court having ruled on motions to dismiss found motions for postponement to be moot and requiring no action.
6. Motions to Quash subpoenas duces tecum. Motion granted as to subpoenas duces tecum directed to The Wilhelm Reich Foundation. Motions denied as to all other subpoenas.
7. Motion of Government to inspect documents and objects submitted pursuant to subpoenas issued. Motion granted.
8. Motion for subpoenas to Government to produce all protocols of experiments conducted by the Food and Drug Administration concerning orgone energy, and names and addresses of scientists who made these experiments, to be presented at hearing on Nov. 4, 1955. Statement by Dr. Reich that he realized motion could not be granted because of time element, and motion denied.
9. Motion of Government for return of documents and objects submitted by New England Tel. & Tel. Co. in accordance with subpoena, and without examination. Motion granted.
10. Motion by Government to remove impounding order and permit immediate Inspection of documents and objects now on file and submitted in accordance with subpoenas issued. Motion granted.

Nov 8 Following named directed to comply with subpoenas duces tecum on or before Nov 16, 1955 due to denial of motions to quash re the same: Thomas Mangravite, Dr. Michael Silvert, Orgone Institute Research Laboratory, Inc., c/o Dr. Michael Silvert, Treasurer, and Miss Camille Thurston.

Nov 9 Praecipe for Sub. D.T. to Food & Drug Admin. filed. Subpoena issued.

Nov 10 Praecipe for Subpoena directed to The Wilhelm Reich Foundation, William Moise, Clerk, Rangeley, Maine, filed.

Nov 10 Subpoena to Produce Document or Object directed to The Wilhelm Reich Foundation, William Moise, Clerk, Rangeley, Maine, issued.

Nov 14 Subpoena to Produce Document or Object directed to The Wilhelm Reich Foundation, William Moise, Clerk, Rangeley, Maine, returned non est.

Nov 14 Transcript of proceedings on Oct 18, 1955, filed.

Nov 14 Transcript of proceedings on Nov 4, 1955, filed.

Nov 14 Western Union Telegram dated Nov 12, 1955, protesting transmittal of records to the Court, signed by Wilhelm Reich and Michael Silvert.

Nov 14 Motion by Counsel for the Discovery of the Life Energy to Deny Motion by Peter Mills, US Attorney, to be made November 16, 1955 to inspect subpoenaed material.

Nov 16 Western Union Telegram from Thomas Mangravite, 25 West 3 St., New York City advising that his records have been incorporated into those submitted to the Court by Michael Silvert, MD, filed.

Nov 16 Western Union Telegram from Camille Thurston, 7 Jane St., New York City advising that his records have been incorporated into those submitted by Michael Silvert, MD,

filed. Nov 16 Motion to quash Subpoena w/Affidavit of Service, filed.

Nov 16 Following submitted by Michael Silvert, MD, in compliance with subpoena duces tecum: Record of Orgone Energy Accumulators Transferred from Rangeley, Maine, to New York City (January, 1955, through November 10, 1955): Record of Distribution of Literature by the Orgone Institute Press January 1, to November 1, 1955.

Nov 17 Praecipe for Cubpoena duces tecum to The Wilhelm Reich Foundation, William Moise, Clerk, filed.

Nov 17 Subpoena duces tecum directed to The Wilhelm Reich Foundation, William Moise, Clerk, issued.

Nov 18 Michael Silvert, Thomas Mangravite, and Camille Thurston appeared bringing with them various ledgers, books, records and correspondence in accordance with subpoenas issued. Dr. Silvert requested that the Court read one paragraph on page 320 and one paragraph on page 334 of a publication entitled Orgone Energy Bulletin, Vol. 3, No. 4, October, 1951. Dr. Silvert left with the Court a copy of the above bulletin with the particular paragraphs indicated by pencil mark. Ordered that pending a further order of the Court the materials submitted by Michael Silvert, Thomas Mangravite and Camille Thurston could be inspected by attorneys for the Plaintiff, in the presence and under the supervision of the Clerk of this Court with the understanding that the examination would be confined to all matters excepting names of any individuals whose names appeared as a result of a doctor-patient relationship.

Nov 21 Motion by Counsel for Discovery of Life Energy to inspect all material subpoenaed from the Food and Drug Administration which are to be delivered to the Court on or before the 28th of November, 1955, w/ Cert. of Service, filed.

Nov 21 Answer of Dr. Reich in opposition to Plaintiff's Motion to Quash Subpoena w/Cert. of Service, filed.

Nov 21 Subpoena duces tecum directed to Food and Drug Administration, returned executed.

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