USA vs WILHELM REICH 1954-1957                                        provided by PORE -- last update (97may30) - orgone - usa
from court docket volumes ( Pore's item wr40226aa )

UNITED STATES OF AMERICA.,

CIVIL ACTION NO.  1056

Plaintiff

THE REICH FOUNDATION,
a Maine Corporation, WILHELM
REICH and ILSE OLLENDORFF., 

Defendants

      Items such as books, booklets, pamphlets, bulletins, journals, printed announcements, mimeographed documents, letters, checks, among others, or copies thereof, have been designated in the following requests with an identification mark,"US___". To permit comparison, for purposes of these requests for admissions, the original, a photostat or a copy of the item similarly identified has been lodged with the Clerk of Court.

      That each of the following statements is true:
      1. (a) Wilhelm Reich, defendant, received at Rangeley, Maine, a letter dated October 2, 1951, signed by Charles F. O'Neill, 1317 Farragut St. N.W., Washington 11, D.C., which requested a list of Reich's publications.
      2. (b) In response, there was mailed at Rangeley, Maine, a stamped envelope addressed to and received by O'Neill at his address above, bearing a legend in the upper left corner, in part, as follows: "Orgone Institute Press Publishing House of The Wilhelm Reich Foundation P.O. Box 153, Rangeley, Maine" (US 1), and containing a booklet entitled "Publications of The Wilhelm Reich Foundation on Orgonomy" (US 2), together with order blanks for said publications (US 3).
          (c) There were dispatched to O'Neill and received by him at Washington D.C., in response to orders and checks mailed by him from Washington, D.C., to The Wilhelm Reich Foundation or Orgone Institute Press., Rangeley, Maine, certain postage prepaid envelopes or postage prepaid parcel post packages mailed from Rangeley, Maine, bearing either the legend described in "(b)" above or, the legend, in part., "Orgone Institute Press" or an address sticker bearing in part the latter legend, the following publications, with costs as indicated, for which payments were effected by collecting said checks after endorsement by The Wilhelm Reich Foundation and/or Orgone Institute Press:

* Each of these publications has a paper cover. Both the cover and the book have been marked with the same pertinent identifying legend. Such applies to all -similar references herein.

         (d) On or about November 19, 1951, there was mailed at Rangeley, in a stamped envelope addressed to and received by O'Neill bearing the legend in "(b)" above, one copy each of the following:

(1) Blue colored order blank titled "Wilhelm Reich - The Oranur Experiment", and      describing the publication known as The Oranur Experiment (US 26).

(2) White order pamphlet headed "The Wilhelm Reich Foundation announces two works by Wilhelm Reich" and offering for sale the publications "Comic Superimposition" and "Ether, God and Devil" (US 27).

        (e) On or about January 19, 1952, Orgone Institute Press received from O'Neill a letter dated January 17, 1952, in which he inquired about the orgone energy blanket for use in bed, its cost, how long it would take to get one, and how plans could be obtained for making one.

        (f) By letter dated January 19, 1952, on stationery headed "The Wilhelm Reich Foundation, Accumulator Department, Orgonon, Rangeley, Maine", signed by Helen Herenroth, Executive Secretary, Accumulator Department, O'Neill's inquiries about the blanket accumlator were answered (US 28) and there was enclosed a CATALOGUE SHEET which contains information pertaining to the various styles and models of orgone energy accumulators (US 29).

        (g) On or about February 26, 1952, The Wilhelm Reich Foundation, Rangeley, received from O'Neill a letter dated February 23, 1952, ordering one orgone energy accumulator blanket and enclosing his check for $60, which was collected after it was endorsed as follows: "The Wilhelm Reich Foundation". The letter also enclosed a form furnished by the defendants headed as follows: "The Wilhelm Reich Foundation, Orgonon, Rangeley - Physician's Report" (US 30).

       (h) By letter dated March 3, 1952, the Foundation, inter alia acknowledged receipt of O'Neill's order for the blaaket and check in payment therefor (US 31), and enclosed a mimeographed fom titled APPLICATION FOR USE OF THE ORGONE ENERGY ACCUMULATOR, identified as Number 962 (US 32).

        (i) The Wilhelm Reich Foundation, Rangeley, by letter, dated March 17, 1952, addressed to and received by O'Neill signed "Helen Herenroth, Executive Secretary, Accumulator Department", inter alia, enclosed a sheet titled INSTRUCTIONS FOR THE USE OF THE ORGONE ENERGY ACCUMUIATOR BLANKET (US 33),

        (j) On or about March 17, 1952, a prepaid parcel post package addressed to and received by O'Neill at his aforesaid address, bearing in part the legend "The Wilhelm Reich Foundation, Accumulator Department, Orgonon, Rangeley, Maine," and containing one Orgone EnergyAccumulator Blanket was mailed at Rangeley, Maine.

         (k) O'Neill has not been examined at the Orgone Energy Clinic, Forrest Hills, New York.

         (l) O'Neill has not been examined by Dr. Herskowitz of Philadelphia, Pennsylvania.

        (m) On or about March 25, 1953, Orgone Institute Press, Rangeley, mailed O'Neill one copy of each of the following which he received in Washington:

(1) Promotional pamphlet describing Wilhelm Reich Biographical Material.
(2) Application or order blank for two volumes of this biographical material costing       $20.00.

        (n) On March 3, 1953, there was mailed at Rangeley, Maine, a stamped envelope addressed to O'Neill at his aforesaid address and bearing in part the legend "The Wilhelm Reich Foundation, Orgonon Rangeley, Maine", which contained a refund check No. 365 dated February 28, 1953, payable to Charles F. O'Neill in the amount of $3.63 and signed by the defendant Reich as follows: "Wilh. Reich". Such check was issued to O'Neill as a refund on over payment which he had previously made to the Orgone Institute Press in the course of buying books and other printed matter described herein

    2. (a) Wilhelm Reich received a letter dated January 28, 1952, at Rangeley, Maine, from Mary F. Crowther., 60 Charlesgate East., Boston 15, Massachusetts, in which she ordered "The Orgone Energy Accumulator Its Scientific and Medical Use" (US 4) and also requested information for the purpose of ordering an accumulator.

        (b) In response there was mailed at Rangeley, Maine, on Feb 1, 1952, a postage prepaid envelope bearing a legend in part "Orgone Institute Press Publishing House of The Wilhelm Reich Foundation" (US 1) addressed to and received by Crowther at the address in "(a)" above and containing a fom letter dated February 1, 1952, advising how to procure an accumulator (US 34), CATALOGUE SHEET (US 29), APPLICATION FORM No. 957 (See US 32) and PHYSICIAN'S REPORT blank (US 30).

        (c) There were mailed to and received by Crowther at Boston in response to orders and checks mailed by her from Boston to The Wilhelm Reich Foundation or Orgone Institute Press, Rangeley, Maine, certain postage prepaid envelopes or parcel post packages mailed from Rangeley, Maine,, bearing either the legend described in paragraph "(b)" above or, the legend, in part, "Orgone Institute Press" or an address sticker bearing, in part, the latter legend, the following publications with costs as indicated., for which payments were effected by collecting said checks after endorsement by The Wilhelm Reich Foundation and/or Orgone Institute Press:

        (d) The Foundation received a letter dated March 13, 1952, from Crowther ordering Model I Orgone energy accumulator, enclosing her check for $225.00 in payment therefor payable to the Foundation., and application No. 957 with physicians report dated March 5, 1952.

        (e) The accumulator was shipped via Railway Express Agency by the defendants from Rangeley, Maine, to Crowther and received by her at Boston on April 8, 1952.

        (f) When so shipped the accumulator had affixed thereto a metal plate with a symbol and legend as follows: ORGONE ENERGY ACCUMULATOR Made in U,S.A. Orgonon Rangeley, Maine, / - W 21 - 3X

        (g) Defendants by letter dated May 19, 1952, mailed to Crowther, at Boston, Instructions for Assembling the Orgone Eaergy Accumulator (US 35) and a sheet titled Additional Information Regarding Soft Orgone Irradiation (US 36) which were received by her.

        (h) Defendants by letter dated May 27, 1952, mailed to Crowther at Boston a document, which was received by her, titled How to Use the Orgone Energy, Accumulator (US 37).

        (i) The Foundation received a letter dated August 12, 1953, from Crowther ordering the blanket style accumulator, with which she enclosed her check for $51.00 to the Foundation in payment therefor.

        (j) By letter dated September 15, 1953, the Foundation advised Crowther it had "instructed our workshops to mail one orgone energy blanket to you immediately.", and enclosed a sheet titled Instructions for the Use of the Orgone Energy Accumulator Blanket (US 33).

        (k) Said blanket, one section of which bore the following legend "***Top Quality For Storm Doors & Windows Screen - Glass***", was mailed by the Foundation at Rangeley, Maine, to and received by Crowther, in Boston on Septenber 17, 1953.

     3. (a) The Wilhelm Reich Foundation received a letter dated November 6, 1951, from Donald R. Martin, 44 Stedman Ave., Braintree 84, Massachusetts, requesting a list of its publications be sent to him.

        (b) In response there was mailed at Rangeley, Maine on or about November 16, 1951, a postage prepaid envelope bearing a legend in part "Orgone Institute Press Publishing House of The Wilhelm Reich Foundation" (US 1) addressed to and received by Martin at the address in "(a)" above and containing a booklet titled "Publications of The Wilhelm Reich Foundation on Orgonomy" (US 2) and an order blank (US 3) for items described in said booklet, also pamphlets describing and promoting for sale "Cosmic Superimposition" and "Ether, God and Devil" (US 27), and "Oranur Experriment" (US 26).

        (c) There were dispatched to Martin and received by him at Braintree, Massachusetts in response to orders and checks mailed by him from Massachusetts to The Wilhelm Reich Foundation or Orgone Institute Press, Rangeley, Maine, certain postage prepaid envelopes or parcel post packages mailed from Rangeley, Maine, bearing either the legend described in paragraph "(b)" above or, the legend in part, "Orgone Institute Press" or an address sticker bearing, in part., the latter legend, the following publications with costs as indicated, for which payments were affected by collecting said checks after endorsement by The Wilhelm Reich Foundation and/or Orgone Institute Press.

        (d) A letter dated December 21, 1951, was received by the Foundation from Martin requesting information concerning the argone energy accumulator and enclosing an order for "Ether, God and Devil" and "Annals of Orgone Institute No. 1.".

        (e) In response to the inquiry in paragraph "(d)" above, the Foundation sent a letter dated December 24, 1951, to Martin and enclosed a CATALOGUE SHEET" (US 29) "describing the various models of accumulators" which were then available, which were received by him.

        (f) A letter dated January 5, 1952, was received by the Foundation from Martin who stated in part "I am interested in an accumulator and would appreciate your forwarding of the necessary forms".

        (g) In response to the letter in "(f)" above., the Foundation replied by letter of January 9, 1952, sigmed by "Helen Herenroth for Ilse Ollendorff Administrative Director" and enclosed a blank Physician's Report (US 30), and an application fom (US 32), in duplicate, bearing serial No. 941 for use of the orgone energy accumulator, which were received by Martin.

        (h) The Foundation received "Application For Use Of The Orgone Energy Accumulator No. 941" signed by Martin, dated January, 28, 1952, accompanied by his check for $66.00 in payment for one Model V, the "shooter" accumulator, and one Model VI, the funnel style accumulator, which check was collected after endorsement by the Foundation.

        (i) The Foundation, by letter of January 30, 1952, to Martin, which was received by him, acknowledged receipt of his check and enclosed a 3 page set of directions on "How To Use The Orgone Accumulator" (US 37).

        (j) The "shooter" and funnel style accumulators were shipped by the defendants on February 8, 1952, and on or about February 8, 1952, via Railway Express and prepaid parcel post respectively from Maine to Martin in Braintree and were received by him there.

    4. (a) Wilhelm Reich Foundation.. Rangeley, Maine, received a letter dated August 31, 1951, from H. J. Hennessy, 1864 Marshal Ave., St. Paul 4, Minnesota, requesting a list "of your publications."

        (b) In response there was mailed at Rangeley, Maine, on September 4, 1951, a postage prepaid envelope bearing a legend in part "Orgone Institute Press Publishing House of The Wilhelm Reich Foundation" (US 1) addressed to and received by Hennessy at the address in "(a)" above, and containing a booklet titled "Publications of The Wilhelm Reich Foundation on Orgonomy" (US 2) and an order blank for items described in said booklet (US 3).

        (c) There were mailed to and received by Hennessy at St. Paul, in response to orders and checks or United States Postal Money Orders mailed by him from Minnesota to The Wilhelm Reich Foundation or Orgone Instittite Press, Rangeley, Maine certain postage prepaid envelopes or parcel post packages mailed from Rangeley, Maine, bearing either the legend described in paragraph "(b)" above or, the legend, in part, "Orgone Institute Press" or an address sticker bearing, in part, the latter legend, the following publications with costs as indicated, for which payments were effected by collecting said checks or money orders after endorsement by The Wilhelm Reich Foundation and/or Orgone Institute Press:

        (d) The Foundation received a letter dated October 11, 1951, from Hennessy inquiring, inter alia, how to acquire an orgone energy accumulator.

        (e) In response to the inquiry in "(d)" above, the Foundation replied by letter dated October 19, 1951, sigaed by Helen Herenroth for Ilse Ollendorff, Administrative Director and enclosed therewith an application form (US 32), in duplicate, bearing serial "No. 908" for use of the orgone energy accumulator, also CATALOGUE SHEET (US 29) and PHYSICIAN'S REPORT blank (US 30) which were received by Hennessy in St. Paul.

        (f) By application dated October 29, 1951, Hennessy ordered an orgone energy accumulator Model I, the large box style device, and forwarded therewith his check for $216.00 payable to the Foundation which, after endorsement by The Wilhelm Reich Foundation was collected by it.

        (g) By letter dated December 19, 1951, the Foundation advised Hennessy the device would be shipped in a few days via Railway Express from S. A. Collins & Son, Rangeley, Maine, and enclosed instructions for assembling the device (US 35) and a mimeographed document titled HOW TO USE THE ORGONE ACCUMULATOR (US 37), which were received by Hennessy in St. Paul.

        (h) The orgone energy accumulator was shipped by the defendants via Railway Express Agency on or about December 22, 1951, from Rangeley, Maine, to Hennessy and was received by him in St. Paul.

        (i) When so shipped the accumulator had affixed thereto a metal plate with a symbol and legend as follow: ORGONE ENERGY ACCUMUIATOR Made In U.S.A. Orgonon Rangeley, Maine NUMBER / - 52 - 3X.

    5. (a) The Wilhelm Reich Foundation received a letter dated October 19, 1951, from Frank P. Hamill, 155 Franklin St., Stoneham, Massachusetts requesting a list of its publications.

        (b) In response there was mailed at Rangeley, Maine, on or about October 26, 1951, a postage prepaid envelope bearing a legend in part "Orgone Institute Press Publishing House of The Wilhelm Reich Foundation" (US 1) addressed to and received by Hamill at the address in "(a)" above, and containing a booklet titled "Publications of The Wilhelm Reich Foundation on Orgoncmy" (US 2) and an order blank (US 3) for items described in said booklet.

        (c) There were dispatched to Hamill and received by him at Stoneham, Massachusetts, in response to orders mailed by him from Stoneham to The Wilhelm Reich Foundation or Orgone Institute Press, Rangeley, Maine, which orders included checks payable to Frank P. Hamill and endorsed by him "Pay to the order of Orgone Institute Press Frank P. Hamill", certain postage prepaid envelopes or parcel post packages, mailed from Rangeley, Maine, bearing either the legend described in paragraph "(b)" above or, the legend, in part, "Orgone Institute Press" or an address sticker bearing in part., the latter legend, the following publications with costs as indicated, for which payments were effected by collecting, said checks after endorsement as follows: "Orgone Institute Press The Wilhelm Reich Foundation".

        (d) A letter dated November 14, 1951, was received by the Foundation from Hamill, in part requesting "more information concerning The Orgone Energy Accumulator".

        (e) In response to the inquiry in paragraph "(d)" above, the Foundation replied by letter dated November 23, 1951, signed by "helen Herenroth for Ilse Ollendorff Administration Director" and enclosed therewith an application form (US 32), in duplicate bearing serial No. 975, CATALOGUE SHEET (US 29) and a blank PHYSICIAN'S REPORT (US 30) which were received by Hamill in Stoneham.

        (f) The Foundation received a letter dated December 12,1951, from Hamill in which he advised and requested in part "I have now decided which model I want. But I mislaid the application blank. Please send me another application blank at your early convenience."

        (g) In response to "(f)" above, the Foundation on December 15, 1951, sent Hamill an additional application form, in duplicate, bearing the same serial, No. 925, which was received by him.

        (h) The Foundation received said filled out application signed by Hamill dated December 17, 1951, accompanied by check for $216.00, drawn to the order of Frank P, Hamill and.endorsed by h:im "Pay to the order of Wilhelm Reich - Frank P. Hamill", in payment for one Model I the large box style accumulator, which check was collected after endorsement by Wilhelm Reich and The Wilhelm Reich Fotmdation.

        (i) A Model I accumulator was shipped on January 4, 1952, via Railway Express Agency by the defendants from Maine to Hamill which he received in Stoneham.

        (j) A letter dated January 11, 1952, was received by the Foundation from Hamill inquiring whether he should use the accumulator, referred to in "(i)" above, for treatment of a sinus condition.

        (k) In response to the inquiry in "(j)" above, the Foundation sent Hamill a letter dated January 14, 1952, which he received, stating that the accmulator could be used for his sinus condition (US 38).

(1) was not seen or examined by the Medical Director of the Foundation

    6. (a) The Wilhelm Reich Foundation received a letter dated October 4, 1951, from F. J. Aull, 419 N. Kimball Ave., Excelsior Springs, Missouri, in which he requested a catalogue or list of publications.

        (b) In response, there was mailed at Raageley, Maine, several days later a postage prepaid envelope bearing a legend in part "Orgone Institute Press Publishing House of The Wilhelm Reich Foundationt" (US 1) addressed to and received by Aull at the address in "(a)" above, and containing a booklet titled "Publications of The Wilhelm Reich Foundation on Orgonomy (US 2) and an order blank (US 3) for items described in said booklet.

        (c) There were mailed to and received by Aull at Excelsior Springs, Missouri, in response to orders and checks mailed by him from Missouri, to Orgone Institute Press or The Wilhelm Reich Foundation, Rangeley, Maine, certain postage prepaid envelopes or parcel post packages mailed from Rangeley, Maine, bearing either the legend described in paragraph "(b)" above or, the legend, in part, "Orgone Institute Press" or an address sticker bearing, in part, the latter legend, the following publications, with costs as indicated, for which payments were effected by collecting said checks after endorsement as follows: "Orgone Institute Press The Wilhelm Reich Foundation."

        (d) A letter was received by the Foundation from Aull notifying of a change of address from that stated in "(a)" above, to Nitro West Virginia.

        (e) The Orgone Institute Press received a letter dated November 14, 1951, from said Forrest J. Aull, inquiring, inter alia, how to obtain an orgone energy accumulator.

        (f) In response to the inquiry in paragraph "(e)" above, the Foundation replied by letter dated November 20, 1951, signed by Helen Herearoth for Ilse Ollendorff, Administrative Director and enclosed therewith an application fom (US 32)., in duplicate, bearing serial "No. 923" for use of the orgone energy accumulator, also CATALOGUE SHEET (US 29) and PHYSICIAN'S REPORT blank (US 30), which were received by Aull.

        (g) By application, dated January 10, 1952, addressed to the Foundation at Rangeley, Aull ordered a "shooter style accumulator and a funnel style sent to him at Excelsior Springs, Missouri.

        (h) On January 14, 1952, the Foundation acknowledged receipt of Aull's notarized application, filled out by him, his order and check to the Foundation for $65 in payment therefor and forwarded him a three page form titled How to Use the Orgoae Accumulator (US 37), which he received.

        (i) Said check was collected after endorsement by the Foundation.

        (j) The shooter and funnel style accumulators were shipped via Railway Express Agency and mailed respectively on or about January 17 and February 8, 1952, by the defendants from Maine and received by Aull in Missouri.

        (k) The shooter, when introduced into interstate commerce bore the following legend appearing thereon:

        (l) In response to an inquiry from Aull as to the use of the funnel, the Foundation by letter dated June 14, 1952, advised it could be used in conjunction with the use of the large accumulator or by itself; that its purpose is for local application in cases such as cuts and burns or localized pains and aches, or a head cold, etc; and should not be used more than 15 to 20 minutes at a time (US 39).

    7. (a) The Wilhelm Reich Foundation, Rangeley, Maine, received a postcard dated September 4, 1951, from Alfred G. Stellato, 15 South Wickham Rd., Baltimore, Maryland, asking for a list of publications. 

        (b) In response, there was mailed at Rangeley, on September 10, 1951, in a postage prepaid envelope bearing a legend in part: "Orgone Institute Press Publishing House of The Wilhelm Reich Foundation" (US 1) addressed to and received by Stellato at the address described in "(a)" above, and containing a booklet titled "Publications of The Wilhelm Reich Foundation on Orgonomy" (US 2) and an order blank (US 3) for items described in said booklet.

        (c) There were mailed to Stellato and received by him at Baltimore in response to orders and checks or United States Postal Money Orders mailed by him from Baltimore, Maryland to The Wilhelm Reich Foundation or Orgone Institute Press Rangeley, Maine, certain postage prepaid envelopes or parcel post packages, mailed from Raageley, Maine, bearing either the legend described in paragraph "(b)" above or the legend, in part, "Orgone Institute Press" or an address sticker bearing, in part, the latter legend, the following publications, with costs as indicated, for which payments were effected by collecting said money orders and checks after endorsement by The Wilhelm Reich Foundation and/or Orgone Institute Press:

        (d) Orgone Institute Press received at Rangeley, Maine, a letter dated Septenber 28, 1951, from Stellato inquiring about obtaining an accumulator.

        (e) In response to the inquiry in paragraph "(d)" above, The Wilhelm Reich Foundation replied by letter dated October 1, 1951, signed by Helen Herearoth for Ilse Ollendorff, Administrative Director and enclosed therewith an application fom (US 32), in duplicate., bearing serial "No. 897" for use of the orgone energy accumulator, also CATALOGUE SHEET (US 29) and PHYSICIAN'S REPORT blank (US 30), which Stellato received.

        (f) The Foundation received a letter dated October 15,, 1951, from Stellato ordering Model I the large box style accumulator, enclosing said application filled out and his check to the Foundation in payment therefor.

        (g) After endorsement by the Foundation, his check, which included $216.00 for the accumulator, was collected.

        (h) On or about November 12, 1951, Orgone Institute Press, mailed to Stellato two announcements (US 26 and 27), which he received, describing and offering for sale the following publications of the Foundation:

        (i) On November 27, 1951, The Wilhelm Reich Foundation mailed at Rangeley, Maine, to Stallato, and were received by him, in Maryland, one each of the following:

        (j) On November 28, 1951, in response to application referred to in "(f)" above, the defendants shipped via Railway Express Agency from Rangeley, Maine, one orgone energy accumulator Model I to Stellato, which he received, in Maryland.

        (k) The orgone energy accumulator referred to in "(j)" above, bore a metal plate bearing the following legend "Orgone Energy Accumulator Made in U.S.A. Orgonon Rangeley, Maine NUMBER / - 45 - 3X.

        (l) The Wilhelm Reich Foundation received a letter dated February 28, 1952, from Stellato stating in part that his physician advised him he had a heart murmur and a tumor on his tongue which could be cancerous.

        (m) Under date of March 3, 1952, defendant Wilhelm Reich replied to the letter referred to in "(l)" above, advising said Stellato, inter alia, to use the Orgone Eaergy Accumulator in any case (US 43).

        (n) The Foundation received a letter dated March 24, 1952, from said Stellato enclosing a report dated March 13, 1952, from D. C. MacLaughlin, M.D.

    8. (a) The Foundation received on or about May 1, 1951, "Affidavit" bearing No. 772 signed by P. J. Hummel, 2218 E, 31st St., Oakland, California, applying for use of a large box style orgone energy accumulator, on a rental basis, with payment in the amount of $30.00.

        (b) The Foundation shipped a large box style accumulator on May 14, 1951, via Railway Express from Rangeley, Maine, to said Hummel, in California, which he received there.

        (c) Said accumulator bore the legend "Orogone Accumlator No. CS 81 property of the Orgone Institute Research Laboratories, Inc., Orgonon Rangeley, Maine Made in the U.S.A. By S. A. Collins & Son, Rangeley, Me."

        (d) Defendants mailed from Rangeley to Hummel in Califormia, where he received the same, the following publications for which he paid the amounts shown:

        (e) Defendants also mailed from Maine to Hummel in California, where the same were received by him the following mimeographed or printed matter:

    9. (a) The defendant Wilhelm Reich and/or Ilse Ollendorff, received an "Affidavit" bearing "No. 185" dated December 12, 1946, signed by Joseph Springer, applying for use of a large box style orgone energy accumulator on a rental basis.

        (b) Said defendants by letter dated January 24, 1947, addressed to Springer at 112 W. 71St., New York 23, New York, requested his "initial contribution of $30.00 to cover the first three months use of the accumulator."

        (c) Said defendants shipped a large box style accmulator on January 24, 1947, from Rangeley to Springer in New York via Railway Express, where he received the same.

        (d) Said accumlator bore a legend "Property of Orgonon The Orgone Institute Laboratories, Orgone Accumulator No. 65, B. Pat. Appl. No. 377,277".

        (e) Said defendant (s) mailed from Rangeley to said Springer in New York, where he received the same, on or about the date said accumulator was shipped, a two page set of directions titled "How to Use the Orgone Accumulator" (US 48).

        (f) Springer purchased from the Orgone Institute Press at its Christopher St., New York City address, for the costs indicated, the following:

        (g) Orgone Institute Press from approximately 1945 to 1950, was located at 157 Christopher St., New York, New York, where it maintained an office and salesroom.

    10. (a) The Wilhelm Reich Foundation by letter dated April 12, 1951, sigied "Ilse Ollendorff Administrative Director" addressed to Mr. Bernard.Zovluck, 945 E. 163d St., Bronx 59, New York, received by him there, acknowledged receipt of his inquiry about obtaining the use of an orgone energy accumulator and enclosed CATALOGUE SHEET (US 29), Application for Use of the Orgone Energy Accumulator (US 32), in duplicate, bearing "No. 821", and PHYSICIAN'S REPORT blank (US 30).

        (b) The Foundation sent a letter to, and which was received by Zovluck, dated April 24, 1951, advising the accumulator would be sent via Railway Express from S. A. Collins & Son, Rangeley, Maine, and that it should arrive within ten days. Enclosed were three pages titled "How To Use The Orgone Accumulator" (US 37) and a three page set of instructions for assembling the device (US 35).

        (c) Defendants mailed from Rangeley to Zovluck, in New York, where he received the same, the following publications for which he paid the prices indicated:

        (d) Defendants also mailed from Rangeley to Zovluck in New York, where he received the same, the following:

(1) A 16 page booklet titled "Publications of the Wilhelm Reich Foundation on       Orgonomy" (US 2).
(2) Combined order blank and leaflet announcing "The Ealarged 1951 Orgone Energy       Bulletin of The Wilhalm Reich Foundation" (US 44). 

        (e) On or about April 27, 1951, the defendants shipped one large box style accumulator via Railway Express from Rangeley, Maine, to Zovluck in New York, where it was received by him,

        (f) Zovluck received a letter dated August 8, 1951, addressed to "All Users of Orgone Energy Accumulators" advisirg against giving any information to Food and Drug Administration inspectors (US 41).

    11. The Wilhelm Reich Foundation, defendant, is a Maine corporation whose principal place of business is at Rangeley, Maine.

    12. Among the affiliates of the Wilhelm Reich Foundation, but not limited thereto, are the following:

Orgone Institute Press
The Orgone Institute Research Laboratories, Inc.
Orgone Institute Research Laboratories
The Orgone Research Fund
The Orgone Institute

    13. Orgone Institute Press is a department of and the publishing house of The Wilhelm Reich Foundation.

     14. Orgone Energy Corporation was incorporated as a Maine corporation, with principal office at Rangeley, in August or September 1953.

    15. Wilhelm Reich, defendant, is an individual who lives in Rangeley, Maine.

    16. Wilhelm Reich is president, treasurer, and a director of Orgone Energy Corporation.

    17. Wilhelm Reich claims to be the discoverer of the alleged orgone energy and inventor of the so-called orgone energy accumulator.

    18. Wilhelm Reich coined the phrase "orgone energy" and the words employed in his teachings, writings, and publications having "orgone" or some portion thereof, as a base.

    19. Wilhelm Reich is the individual principally responsible for the organization of The Wilhelm Reich Foundation, is, and has been since its incorporation chief executive officer, a director, and its president.

    20. Defendant Wilhelm Reich in February 1951 owned a mortgage for approximately $103,200.00 of The Wilhelm Reich Foundation and presently owns said mortgage.

    21. Wilhelm Reich has formulated the programs and policies of The Wilhelm Reich Foundation since its incorporation.

    22. Wilhelm Reich formulates the programs and policies of the affiliates of the Foundation.

    23. Wilhelm Reich formulated the programs and policies of those affiliated corporations and associations which were in existence prior to said Foundation and whose existence was established because of the discovery of the alleged orgone energy and for the dissemination of information and research pertaining thereto.

    24. Wilhelm Reich is the principal proponent of the alleged orgone energy, teacher, and director of research pertaining thereto.

    25. Wilhelm Reich founded Orgone Institute in 1942.

    26. Wilhelm Reich is the author of those books, bulletins, journals, pamphlets, booklets, and the articles, treatises, reports, and dissertations appearing therein that bear his name, which are itemized in the complaint.

    27. Wilhelm Reich contributed $29,214.00, apart from loans, from 1946 to 1950 towards expenses for research work, salaries, laboratories, and maintenance in connection with Orgone Institute Research Laboratories.

    28. Wilhelm Reich donated his consultation fees to the fund for the construction of the so called orgone energy observatory.

    29. Wilhelm Reich promoted and conducted various orgonomic conventions at Rangeley, Maine.

    30. Ilse Ollendorff, defendant, an individual, is also known as Mrs. Wilhelm Reich and lives in Rangeley, Maine.

    31. Ilse Ollendorff, defendant, is further known as Mrs. Ilse Ollendorff Reich, and Mrs. Ilse Reich is the wife of defendant Wilhelm Reich.

    32, Ilse Ollendorff is, or, for the several years last past., has been, a director, clerk or secretary, treasurer, and administrative director of The Wilhelm Reich Foundation; administrative director of Orgone Institute Research Laboratories, Inc.; supervisor of the distribution of orgone energy accumulators and the Orgone Research Fund.

    33. De:fendants Wilhelm Reich and Ilse Ollendorff filed certificates stating that they conduct and transact business under the names of:

    34. The defendants ship orgone energy accumulators in interstate commerce.

    35. The defendants have shipped orgone energy accumulators from Rangeley, Maine, to and into various states of the United States including, but not limited to, the following:

    36. The defendants have dispatched from Rangeley, Maine, to the consignees of the devices referred to in "35" above, various of the items of written, printed, and graphic matter referred to in these requests including those pertaining to directions for assembly, use, and purposes of use of the orgone energy accumulator.

    37. The defendants sell said accumulators at the following prices:

    38. The defendants also rent the large box style accumulator for an advance "contribution" of $40 plus a $10 monthly "contribution" payable in advance.

    39. The defendants recommend that unless a person has used an accumulator and is well acquainted with its effects he rent for a three months trial period.

    40. If, at the end of a three months trial period, it is decided to purchase, the $40 contribution and $30 rental are credited to the purchase price.

    41. In response to orders and payments therefor, the defendants mail or ship both before and after orders for the accumulators are received and filled, to the consignees of the accumulators, various of the books, booklets, pamphlets, journals and bulletins listed in "Publications of The Wilhelm Reich Foundation on Orgonomy" and the other items of written, printed, and graphic matter specified in the complaint.

    42. At or about the time of the interstate shipment of an orgone energy accumulator the defendants send from Rangeley to the purchaser or lessee thereof other of the items of written, printed, or graphic matter referred to herein such as, but not limited to, the following:

    43. The defendants recommend, in the aforesaid literature, that orgone energy accumulators be kept at least three rooms away from an operating X-ray machine and warn against experimenting with radio-active materials in combination with orgone energy as they maintain "it is dangerous to life."

    44 The Wilhelm Reich Foundation and Wilhelm Reich, defendant s, manufacture at Rangeley, Maine, and ship therefrom in interstate commerce the various styles and models of orgone energy accumulators, referred to in the complaint.

     45. The orgone energy accumulator, as to all styles and models, is not connected with or plugged into any source of electrical, or any other type of., energy or power.

    46. Prospective purchasers or renters of orgone energy accumulators may learn of them: (a) in conversation with persons acquainted with the accumulator; (b) through advertising campaigns conducted by the defendants in newspapers, journals, and in magazines which promote the sales of books, booklets, periodicals, journals, bulletins., and other publications of the defendants.

    47. As examples of the advertising referred to in the preceding paragraph advertisements, appeared in the Book Review Section of a Sunday edition of the New York Times in April 1951. (US 49) and in December 1951 (US 50).

    48. Advertising referred to in "46 (b)" above, announces the existence, availability, and prices of defendants' publications on the discovery and medical use of orgone energy by employing the orgone energy accumulator.

    49. Said prospective purchasers and renters may also learn of orgone energy accumulators and their uses: (a) by announcements appearing on the removable covers of defendants' books and on the inside and outside permanent covers of defendants booklets, pamphlets, and journals; (b) by listings in book reference sources; (c) through the use by the defendants of a mailing list, to dispatch promotional material pertaining to their publications and literature.

    50. The defendants had 10,000 copies of a catalogue describing the contents of their books and literature printed, 7000 of which were mailed by the defendants to prospective purchasers of the publications and prospective purchasers or lessees of orgone energy accumulators.

    51. Purposes of the aforesaid promotional and advertising campaigns include the following:

    52. A purchaser or lessee of an accumulator who did not have certain items of defendants' written, printed, or graphic matter would be without information concerning instructions and directions for the use of said accumulators in various diseases and disease conditions.

    53. The large box style orgone energy accumulator should fit the size of the person who uses it and the body surface should be no more than about 2 to 4 inches away from the metal wall.

    54. The orgone energy accumulator blanket may be used by bedridden individuals in place of the large box style device.

    55. An hot hard-boiled egg placed in an operating refrigerator with a constant temperature of 32 degrees F. will lose its heat and become cold.

    56. The statement in the preceding paragraph is an example of the application of the second law of thermodynamics.

    57. Cosmic rays originate from outer space.

    58. A photon of blue light has an energy equivalent of approximately 2 electron volts.

    59. The energy equivalent of the mass of an electron is approximately 500,000 electron volts.

    60. For the proper operation of a vacuum tube there must be a complete electrical circuit between the anode and the cathode.

    61. A direct current voltmeter measures an electrical phenomenon, namely, voltage, which is the same as the voltage measured by an electroscope.

    62. A voltage measurement of 30/1000 of a volt is less than a voltage measurement of 5000 volts.

    63. Each of the books, booklets, pamphlets, journals, bulletins, catalogues, order blanks, printed promotional material, mimeographed documents, typewritten matter, letters, forms, completed forms and the advertisements marked with the identification legends US 1 - US 50, inclusive, and subdivisions, other than those stated in the following paragraph, which are lodged with the Clerk of this Court, herewith, are genuine.

    64. The-items, referred to immediately above, marked with the following identification legends are photostats of genuine originals: US 33, US 42, US 44-48, inclusive.

    65. The consignees named in requests 1 through 10 herein, received the items specified in said requests and all such items are genuine.

    Should the defendants, or either of them, deny any of the foregoing statements they, or either of them, shall, pursuant to Rule 36(a), as amended, specify so much of each statement as they, or either of them, admit to be true and deny only the remainder.

Dated      February 26, 1954.    

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