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DRS. REICH AND SILVERT DENY CONTEMPT IN HEARING HERE
Dr. Wilhelm Reich, Rangeley, and Dr. Michael Silvert, New York, pleaded
innocent in Federal Court yesterday afternoon to an amended criminal contempt
action.
The revised action is more specific concerning acts the government claims
Dr. Silvert committed in violation of a court order to call in and junk
orgone energy accumulators Dr. Reich developed;
Both pleaded innocent to the original contempt action last July 26.
The case was continued to Nov. 4 for consideration of other defense motions.
Dr. Reih said he had a motion to make involving: "rnisrepresentation
of factsl". to the court. Judge John D. Clifford Jr. said it could
not be submitted in detail now but could be filed before the Nov. 4 hearing.
District Attorney Peter Mills asked Judge Clifford to set $2,000 bail.
But Judge Clifford said if they didn't appear,. it wouldn't. be any great
difficulty to bring them to court.
DR. REICH, acting as his own attorney, contended that "illegal
methods were used to get the complaint into court" and added that
the court lacked jurisdicion over natural science.
If lawyers and politicians are allowed to decide what is right, the future
of science and research "is gone 'to the dogs," Dr. Reich, declared.
He said he had been presented to the court as a crook, a swindler,"
and added that he is a well known man in the field of science.
Judge Clifford replied that it is widely known that Dr. Reich is honored
and respected in his profession.
Judgments by counsel for Dr. Silvert and Dr. Reich were made on a motion
asking dismissal of the original injunction of March, 1954. Judge Clifford
denied this request.
THE DEFENSE argued that lacked jurisdiction over science, portions
of the injunctive order were invalid because it represented action without
authority or action in excess of authority and that orgone energy has a
right to flourish.
The heart of the proceeding, defense counsel, said, is the Food & Drug
Administration's complaint that orgone energy is a psuedo science.
Counsel added that physicians licensed to practice medicine are issuing
accumulators on presciptions, while the Food & Drug Administration
contends that claims the devices will cure are false.
The Food & Drug Administration, Louis Maguire, of Washington, D. C.,
government counsel declared in his rebuttal is "not guilty of misrepresentation
in any case."
Maguire said that Dr. Silvert's claims, including the court's lack of jurisdiction,
have been denied from Maine's Federal Court, through the First Circuit
Court of Appeals up to the U. S. Supreme Court.
HE SAID the Supreme Court Oct.10 refused to grant a petition
for a writ of certiorari askiing for a review of the case in which Dr.
Silvert and 14 other widely known medical men and pyschiatrists, sought
to intervene in the injunction action which Dr. Reich allowed to go by
default.
Now, Maguire said, Dr. Silvert is raising the same questions as a defendant
in a defendent in a criminal contempt action.
ORGONE ENERGY CONTEMPT TRIAL WILL OPEN DEC. 1
Trial of the two proponents of orgone energy, accused of criminal contempt
for having failed to comply with an injunction, will open in Federal Court
at 10 a.m. Dec. 1.
Dr. Wilhelm Reich, Rangeley researcher, and Dr. Michael Silvert, New York,
have pleaded innocent to the charge they did not call in and junk orgone
accumulators and literature as ordered by the court last year.
Both psychiatrists acted as their own counsel at the hearing yesterday
afternoon on four motions, including one to dismiss the contempt action
and establish "Boards on Pathology" in the U.S. Courts.
Judge John D. Clifford Jr. said he had no authority to establish such a
board.
Dr. REICH said his proposal would be a medical and educational
approach, for, he added, the accumulators "have to do with atomic
energy."
Other motions denied included one asking for the dismissal of amended criminal
information on the ground of "illegal misrepresentation, concealment
of pertinent facts and illigal proceedural maneuvering contrary to fact,
truth and justice x x x."
The court also overruled Dr. Reich in his claim that the action should
be civil iinstead of criminal.
Dr. Reich argued that the issue wasn't whether orgonomy is a science, but
rather was the injunction issued on facts or opinion.
JUDGE CLIFFORD reminded Dr. Reich that he had allowed to go by
default his opportunity to appear in court and contest he complaint of
the Pure Food Drug Administration.
The government claims the accumulator devices are worthless. The defense
contends they are capable of capturing healing agencies from the atmosphere.
Dr. Reich said he didn't "dare" to appear at the time he allowed
the complaint to go by default. He said the case concerned espionage.
Judge Clifford told him he should report his claim to the FBI. Dr. Reich
said he already had done so.
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