The Press: Contemptuous Item

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Before trial even began, defense attorneys last month tried to persuade Judge Wayne G. Borah (nephew of U. S. Senator William Edgar Borah) to cite all four New Orleans papers for contempt, claiming that newspaper stories and cartoons had publicly judged the case in advance, prejudiced the minds of prospective jurors, created an impression that Shushan was wrongfully acquitted in a previous trial for income-tax evasion. Judge Borah reserved judgment on these accusations, had rendered no decision when the fraud trial began last week.

Up jumped Defense Attorney Hugh M. Wilkinson (a former Times-Picayune police reporter) on the second day of trial, waving aloft a copy of that morning's Tribune. On the front page was a bold headline which read:

'BRIBE' LEGAL,

SAYS SHUSHAN

Roared Lawyer Wilkinson: "Your Honor knows that Mr. Shushan has not opened his mouth in this court. And I, as his counsel, . . . have not referred to a 'bribe'. . .. We ask that Your Honor declare a mistrial." Judge Borah overruled the motion, took under advisement another contempt petition.

But when the Item's noon edition came out two days later with a story in which the Government was quoted as having charged Shushan, "when president of the Levee Board," with taking a "bribe," Judge Borah's patience was at an end. Abe Shushan had not been president of the Levee Board when its bonds were refunded, and the Government had not entered any charge of bribery. A new motion for a mistrial was overruled. But this time Judge Borah ordered U. S. Attorney Rene Adams Viosca to file contempt proceedings against the Item.

Responsible for the story, said New Orleans newsmen, was a rewrite man who misunderstood an Item reporter's telephone account of proceedings.