William Remington
Encyclopedia
William Walter Remington (October 25, 1917 – November 24, 1954) was an economist
employed in various federal government positions until his career was interrupted by accusations of espionage
made by the Soviet
spy and defector Elizabeth Bentley
. He was convicted of perjury
in connection with these charges in 1953, and murdered in prison in 1954. His death has been cited as one of the few murders attributable to McCarthyism
.
and raised in Ridgewood
, in Bergen County, New Jersey
, by Lillian Maude Sutherland (1888-?) and Frederick C. Remington (1870–1956). His father worked for the Metropolitan Life Insurance Co.; his mother as an art teacher in New York
. Remington was admitted to Dartmouth College
at age 16, graduating Phi Beta Kappa
and magna cum laude
in 1939, and earned a Master's degree
from Columbia University
in 1940. Remington's parents were poor and demanding and he developed a somewhat unconventional and flamboyant personality. From an early age, he was drawn to radical leftist politics, and declared to his friends that he was a Communist when he was 15. In college, he became active with members of the Young Communist League
, and later the Communist Party of the United States
. In testimony, Remington stated that while he was a Republican
when he entered college, he "moved left quite rapidly" and became a radical but was never a Communist Party or Young Communist League member at Dartmouth. Whether or not he ever officially joined the party later became a point of contention in his legal battles.
Remington was employed in a number of posts, principally as an economist:
For his position with the Office of Price Administration, Remington was required to undergo a loyalty-security check, which began in 1941. He admitted having been active in Communist-allied groups such as the American Peace Mobilization
, but denied any sympathy with communism and swore under oath that he was not and had never been a member of the Communist Party. His leftist affiliations raised concerns, but the investigation was superficial and his security clearance was approved.
at which he passed her information. This material included data on airplane production and other matters concerning the aircraft industry, as well as some information on an experimental process for manufacturing synthetic rubber
. Remington later claimed that he was unaware that Bentley was connected with the Communist Party, that he believed she was a journalist and researcher, and that the information he gave her was not secret. Bentley was a Communist and an espionage agent for the Soviet Union
, who in 1945 broke with the Communists and became an informer for the FBI. She then implicated a number of her contacts, including Remington. Bentley's revelations of Soviet espionage activities in the United States received a great deal of press attention. She identified more than 80 Americans—including several employees of government offices—as working for the Soviets, of whom only William Remington was still working in a government position.
Acting on Bentley's information, the FBI began secret surveillance of Remington in late 1945. Remington was by this time disillusioned with communism and had broken off his relationships with radical organizations, so the investigation revealed nothing of interest.
In 1946, Remington was working with the Office of War Mobilization and Reconversion
. From there he transferred in March 1947 to a position with the President's Council of Economic Advisers
, where he was paid an annual salary of $10,305. Because the FBI was keeping Bentley's testimony and its investigation of Remington secret, it raised no objection, with the result that Remington remained in fairly high-level government posts.
In 1947, Remington was interviewed by the FBI and also questioned before a federal grand jury
in New York City
about the information he had given to Elizabeth Bentley. He testified that no secret information was involved, and the issue seemed to end there. In an apparent attempt to bolster belief in his innocence, Remington became an anti-communist
informer
from this time and for the following year. He sent the FBI information on over fifty people, only four of whom were connected with his own case. Most of those he named he had never met. He accused them of being Communists, isolationists, Negro nationalists, or "extreme liberals." He also verbally attacked his wife Ann, from whom he was now estranged, and his mother-in-law Elizabeth Moos, both avowed Communists.
Another loyalty investigation of Remington was opened early in 1948, and in June, he was relieved of his duties pending the findings of that investigation. In July of that year, the New York World-Telegram
published a series of articles about Elizabeth Bentley, and the Senate Permanent Subcommittee on Investigations opened hearings to investigate her charges. At these hearings, Bentley made her accusations against Remington public and Remington in turn denied them. The Washington Post called him "a boob...who was duped by clever Communist agents." At his loyalty review hearings, Remington downplayed his earlier connections with Communist and leftist organizations and claimed that his wife's adherence to Communist doctrine was the reason for the end of their marriage.
While testifying before the Senate, Bentley was protected from libel suits. When she repeated her charge that Remington was a Communist on NBC Radio
's Meet the Press
, he sued her and NBC for libel. At this point, Remington's case acquired considerable notoriety. When Remington's lawyers attempted to subpoena Bentley, she initially could not be found, prompting headlines of "RED WITNESS "MISSING" AT 100-G SLANDER SUIT" and the like. When she finally reappeared, she was subpoenaed for the libel suit. She refused to testify at Remington's loyalty hearing. The Loyalty Review Board noted that the only serious evidence against Remington was "the uncorroborated statement of a woman who refuses to submit herself to cross-examination," and cleared Remington to return to his government post. The libel suit was settled out of court shortly thereafter, with NBC paying Remington $10,000.
In 1950, the FBI and the federal grand jury in New York City reopened their investigations of Remington and the House Un-American Activities Committee
(HUAC) opened a third. Because of continuing suspicions about him, Remington had been demoted at the Commerce Department, and his once-promising career in the Truman administration was stagnant. Ann Remington, now divorced from him, was subpoenaed to testify before the grand jury. Initially reluctant, she testified that her husband had been a dues-paying member of the Communist Party, and that he had given secret information to Elizabeth Bentley while knowing that Bentley was a Communist. A few days later she recanted, and stated that she would claim marital privilege
and refuse to testify against her ex-husband in any trial. The grand jury decided to indict Remington for committing perjury when he denied ever being a member of the Communist Party.
, later to become famous as Joseph McCarthy
's chief counsel and already a noted anti-communist, joined the prosecution's legal team. Ann Remington reversed herself again and testified that her ex-husband had been a Communist Party member and that he had knowingly given secret information to Elizabeth Bentley. Bentley testified, repeating her charge that Remington had given her secret information, saying with regard to the synthetic rubber formula, "He said to me that...he thought that the Russians would need something very much like this." The prosecution also showed that Remington had handled secret documents that were somewhat similar to the aircraft production information that Bentley said she received from Remington.
During the trial, the defense attorneys revealed that John Brunini, the foreman of the grand jury that indicted Remington, had a personal and financial relationship with Elizabeth Bentley and had agreed to co-author a book with her.
Remington was convicted after a seven-week trial. Judge Gregory E. Noonan handed down a sentence of five years - the maximum for perjury - noting that Remington's act of perjury had involved disloyalty to his country. Remington's conviction was celebrated by many. An Washington Daily News
editorial said: "William W. Remington now joins the odiferous list of young Communist punks who wormed their way upward in the Government under the New Deal. He was sentenced to five years in prison, and he should serve every minute of it. In Russia, he would have been shot without trial."
Remington's attorneys appealed the verdict, and the judicial panel hearing the case included Judge Learned Hand
, one of America's most eminent jurists. The conviction was overturned on the grounds that Judge Noonan's instructions to the jury were too vague as to exactly what constituted "membership" in the Communist Party, and a new trial was ordered. Hand also criticized grand jury foreman John Brunini and Thomas Donegan, the assistant to the Attorney General who directed the grand jury investigation, for Brunini's relationship with Bentley and for "judicial improprieties" in their abusive treatment of both Ann and William Remington during questioning.
Instead of retrying Remington under the existing indictment, the government presented a new one charging Remington with five counts of perjury based on his testimony during the first trial. The charge from the first trial, that he perjured himself when denying he had ever been a Communist Party member, was not included.
The second Remington trial began in January 1953 with Judge Vincent L. Leibell presiding. It lasted only eight days. The jury found Remington guilty of two counts, for lying when he said he had not given secret information to Elizabeth Bentley and that he did not know of the existence of the Young Communist League, which had a chapter at Dartmouth while Remington was a student there. Leibell sentenced Remington to three years in prison. While his attorneys prepared another appeal, Remington began his sentence at Lewisburg Federal Penitentiary
. The appeals court upheld the original verdict, and in February 1954, the Supreme Court
refused to hear the case.
on November 28, 1954.
Press attention focused on whether more should have been done to protect him in prison, and whether his murder was motivated by anti-communism. When Cagle confessed, the FBI instructed him to describe the crime as if he and McCoy had been trying to rob Remington.
When McCoy confessed four days later, he said he hated Remington for being a Communist and denied any robbery motive.
Worried that Cagle and McCoy's confessions might be ruled inadmissible and afraid that a jury would be sympathetic towards men who murdered a Communist, U.S. attorney J. Julius Levy accepted pleas of second degree murder from McCoy and Cagle. They received life sentences.
Remington's biographer Gary May concludes: "Clearly, Remington was no political innocent duped by the Communists, and his conviction for perjury seems justified. Yet Remington was no pro-Soviet automaton, no slave to Party or ideology, and not even the FBI, at least privately, was willing to classify him as a Russian spy."
Economist
An economist is a professional in the social science discipline of economics. The individual may also study, develop, and apply theories and concepts from economics and write about economic policy...
employed in various federal government positions until his career was interrupted by accusations of espionage
Espionage
Espionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it...
made by the Soviet
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
spy and defector Elizabeth Bentley
Elizabeth Bentley
Elizabeth Terrill Bentley was an American spy for the Soviet Union from 1938 until 1945. In 1945 she defected from the Communist Party and Soviet intelligence and became an informer for the U.S. She exposed two networks of spies, ultimately naming over 80 Americans who had engaged in espionage for...
. He was convicted of perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
in connection with these charges in 1953, and murdered in prison in 1954. His death has been cited as one of the few murders attributable to McCarthyism
McCarthyism
McCarthyism is the practice of making accusations of disloyalty, subversion, or treason without proper regard for evidence. The term has its origins in the period in the United States known as the Second Red Scare, lasting roughly from the late 1940s to the late 1950s and characterized by...
.
Early life and public career
He was born in New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
and raised in Ridgewood
Ridgewood, New Jersey
Ridgewood is a village in Bergen County, New Jersey, United States. As of the 2010 United States Census, the village population was 24,958. Ridgewood is an affluent suburban bedroom community of New York City, located approximately northwest of Midtown Manhattan.The Village of Ridgewood was...
, in Bergen County, New Jersey
Bergen County, New Jersey
Bergen County is the most populous county of the state of New Jersey, United States. As of the 2010 United States Census, its population was 905,116. The county is part of the New York City Metropolitan Area. Its county seat is Hackensack...
, by Lillian Maude Sutherland (1888-?) and Frederick C. Remington (1870–1956). His father worked for the Metropolitan Life Insurance Co.; his mother as an art teacher in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
. Remington was admitted to Dartmouth College
Dartmouth College
Dartmouth College is a private, Ivy League university in Hanover, New Hampshire, United States. The institution comprises a liberal arts college, Dartmouth Medical School, Thayer School of Engineering, and the Tuck School of Business, as well as 19 graduate programs in the arts and sciences...
at age 16, graduating Phi Beta Kappa
Phi Beta Kappa Society
The Phi Beta Kappa Society is an academic honor society. Its mission is to "celebrate and advocate excellence in the liberal arts and sciences"; and induct "the most outstanding students of arts and sciences at America’s leading colleges and universities." Founded at The College of William and...
and magna cum laude
Latin honors
Latin honors are Latin phrases used to indicate the level of academic distinction with which an academic degree was earned. This system is primarily used in the United States, Canada, and in many countries of continental Europe, though some institutions also use the English translation of these...
in 1939, and earned a Master's degree
Master's degree
A master's is an academic degree granted to individuals who have undergone study demonstrating a mastery or high-order overview of a specific field of study or area of professional practice...
from Columbia University
Columbia University
Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...
in 1940. Remington's parents were poor and demanding and he developed a somewhat unconventional and flamboyant personality. From an early age, he was drawn to radical leftist politics, and declared to his friends that he was a Communist when he was 15. In college, he became active with members of the Young Communist League
Young Communist League, USA
The Young Communist League USA is the fraternal youth organization of the Communist Party USA. Although the name of the group has changed a number of times over the years, it dates its lineage back to 1920, shortly after the establishment of the first communist parties in America.-Early years:The...
, and later the Communist Party of the United States
Communist Party USA
The Communist Party USA is a Marxist political party in the United States, established in 1919. It has a long, complex history that is closely related to the histories of similar communist parties worldwide and the U.S. labor movement....
. In testimony, Remington stated that while he was a Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
when he entered college, he "moved left quite rapidly" and became a radical but was never a Communist Party or Young Communist League member at Dartmouth. Whether or not he ever officially joined the party later became a point of contention in his legal battles.
Remington was employed in a number of posts, principally as an economist:
- Tennessee Valley AuthorityTennessee Valley AuthorityThe Tennessee Valley Authority is a federally owned corporation in the United States created by congressional charter in May 1933 to provide navigation, flood control, electricity generation, fertilizer manufacturing, and economic development in the Tennessee Valley, a region particularly affected...
, Knoxville, TennesseeKnoxville, TennesseeFounded in 1786, Knoxville is the third-largest city in the U.S. state of Tennessee, U.S.A., behind Memphis and Nashville, and is the county seat of Knox County. It is the largest city in East Tennessee, and the second-largest city in the Appalachia region...
, September 1936 to May 1937 - Workers Education Committee, Knoxville, April to August 1937
- Junior Economist with the National Resources Planning Board, Washington, D.C.Washington, D.C.Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, May 1940 to July 15, 1941 - Associate industrial economist in the Office of Price AdministrationOffice of Price AdministrationThe Office of Price Administration was established within the Office for Emergency Management of the United States government by Executive Order 8875 on August 28, 1941. The functions of the OPA was originally to control money and rents after the outbreak of World War II.President Franklin D...
of the Office for Emergency ManagementOffice for Emergency ManagementThe Office for Emergency Management was an office within the Executive Office of the United States President. It was established by administrative order, May 25, 1940, in accordance with EO 8248, September 8, 1939....
, from July 1941 to February 1942; - Assistant to the Director of the War Production BoardWar Production BoardThe War Production Board was established as a government agency on January 16, 1942 by executive order of Franklin D. Roosevelt.The purpose of the board was to regulate the production and allocation of materials and fuel during World War II in the United States...
, February 1942 to October 1943 - Assistant to the Director of Orders and Regulations Bureau in the War Production Board, October 1943 to 1946
- President's Council of Economic AdvisersCouncil of Economic AdvisersThe Council of Economic Advisers is an agency within the Executive Office of the President that advises the President of the United States on economic policy...
, March 1947 to March 1948
For his position with the Office of Price Administration, Remington was required to undergo a loyalty-security check, which began in 1941. He admitted having been active in Communist-allied groups such as the American Peace Mobilization
American Peace Mobilization
The American Peace Mobilization was a peace group, officially cited in 1947 by United States Attorney General Tom C. Clark on the Attorney General's List of Subversive Organizations for 1948, as directed by President Harry S...
, but denied any sympathy with communism and swore under oath that he was not and had never been a member of the Communist Party. His leftist affiliations raised concerns, but the investigation was superficial and his security clearance was approved.
Accusations of espionage
In March 1942 and continuing for two years, Remington had occasional meetings with Elizabeth BentleyElizabeth Bentley
Elizabeth Terrill Bentley was an American spy for the Soviet Union from 1938 until 1945. In 1945 she defected from the Communist Party and Soviet intelligence and became an informer for the U.S. She exposed two networks of spies, ultimately naming over 80 Americans who had engaged in espionage for...
at which he passed her information. This material included data on airplane production and other matters concerning the aircraft industry, as well as some information on an experimental process for manufacturing synthetic rubber
Synthetic rubber
Synthetic rubber is is any type of artificial elastomer, invariably a polymer. An elastomer is a material with the mechanical property that it can undergo much more elastic deformation under stress than most materials and still return to its previous size without permanent deformation...
. Remington later claimed that he was unaware that Bentley was connected with the Communist Party, that he believed she was a journalist and researcher, and that the information he gave her was not secret. Bentley was a Communist and an espionage agent for the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
, who in 1945 broke with the Communists and became an informer for the FBI. She then implicated a number of her contacts, including Remington. Bentley's revelations of Soviet espionage activities in the United States received a great deal of press attention. She identified more than 80 Americans—including several employees of government offices—as working for the Soviets, of whom only William Remington was still working in a government position.
Acting on Bentley's information, the FBI began secret surveillance of Remington in late 1945. Remington was by this time disillusioned with communism and had broken off his relationships with radical organizations, so the investigation revealed nothing of interest.
In 1946, Remington was working with the Office of War Mobilization and Reconversion
Office of War Mobilization
The Office of War Mobilization was an independent agency of the United States government headed by Former Supreme Court Justice James F. Byrnes that coordinated all government agencies involved in the war effort during World War II...
. From there he transferred in March 1947 to a position with the President's Council of Economic Advisers
Council of Economic Advisers
The Council of Economic Advisers is an agency within the Executive Office of the President that advises the President of the United States on economic policy...
, where he was paid an annual salary of $10,305. Because the FBI was keeping Bentley's testimony and its investigation of Remington secret, it raised no objection, with the result that Remington remained in fairly high-level government posts.
In 1947, Remington was interviewed by the FBI and also questioned before a federal grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
about the information he had given to Elizabeth Bentley. He testified that no secret information was involved, and the issue seemed to end there. In an apparent attempt to bolster belief in his innocence, Remington became an anti-communist
Anti-communism
Anti-communism is opposition to communism. Organized anti-communism developed in reaction to the rise of communism, especially after the 1917 October Revolution in Russia and the beginning of the Cold War in 1947.-Objections to communist theory:...
informer
Informant
An informant is a person who provides privileged information about a person or organization to an agency. The term is usually used within the law enforcement world, where they are officially known as confidential or criminal informants , and can often refer pejoratively to the supply of information...
from this time and for the following year. He sent the FBI information on over fifty people, only four of whom were connected with his own case. Most of those he named he had never met. He accused them of being Communists, isolationists, Negro nationalists, or "extreme liberals." He also verbally attacked his wife Ann, from whom he was now estranged, and his mother-in-law Elizabeth Moos, both avowed Communists.
Another loyalty investigation of Remington was opened early in 1948, and in June, he was relieved of his duties pending the findings of that investigation. In July of that year, the New York World-Telegram
New York World-Telegram
The New York World-Telegram, later known as the New York World-Telegram and Sun, was a New York City newspaper from 1931 to 1966.-History:...
published a series of articles about Elizabeth Bentley, and the Senate Permanent Subcommittee on Investigations opened hearings to investigate her charges. At these hearings, Bentley made her accusations against Remington public and Remington in turn denied them. The Washington Post called him "a boob...who was duped by clever Communist agents." At his loyalty review hearings, Remington downplayed his earlier connections with Communist and leftist organizations and claimed that his wife's adherence to Communist doctrine was the reason for the end of their marriage.
While testifying before the Senate, Bentley was protected from libel suits. When she repeated her charge that Remington was a Communist on NBC Radio
NBC
The National Broadcasting Company is an American commercial broadcasting television network and former radio network headquartered in the GE Building in New York City's Rockefeller Center with additional major offices near Los Angeles and in Chicago...
's Meet the Press
Meet the Press
Meet the Press is a weekly American television news/interview program produced by NBC. It is the longest-running television series in American broadcasting history, despite bearing little resemblance to the original format of the program seen in its television debut on November 6, 1947. It has been...
, he sued her and NBC for libel. At this point, Remington's case acquired considerable notoriety. When Remington's lawyers attempted to subpoena Bentley, she initially could not be found, prompting headlines of "RED WITNESS "MISSING" AT 100-G SLANDER SUIT" and the like. When she finally reappeared, she was subpoenaed for the libel suit. She refused to testify at Remington's loyalty hearing. The Loyalty Review Board noted that the only serious evidence against Remington was "the uncorroborated statement of a woman who refuses to submit herself to cross-examination," and cleared Remington to return to his government post. The libel suit was settled out of court shortly thereafter, with NBC paying Remington $10,000.
Second round of investigations
House Un-American Activities Committee
The House Committee on Un-American Activities or House Un-American Activities Committee was an investigative committee of the United States House of Representatives. In 1969, the House changed the committee's name to "House Committee on Internal Security"...
(HUAC) opened a third. Because of continuing suspicions about him, Remington had been demoted at the Commerce Department, and his once-promising career in the Truman administration was stagnant. Ann Remington, now divorced from him, was subpoenaed to testify before the grand jury. Initially reluctant, she testified that her husband had been a dues-paying member of the Communist Party, and that he had given secret information to Elizabeth Bentley while knowing that Bentley was a Communist. A few days later she recanted, and stated that she would claim marital privilege
Spousal privilege
In the law of the United States, the spousal privilege comprises two separate privileges, the marital confidences privilege and the spousal testimonial privilege....
and refuse to testify against her ex-husband in any trial. The grand jury decided to indict Remington for committing perjury when he denied ever being a member of the Communist Party.
Two trials
Remington's first trial began in late December 1950. Roy CohnRoy Cohn
Roy Marcus Cohn was an American attorney who became famous during Senator Joseph McCarthy's investigations into Communist activity in the United States during the Second Red Scare. Cohn gained special prominence during the Army–McCarthy hearings. He was also an important member of the U.S...
, later to become famous as Joseph McCarthy
Joseph McCarthy
Joseph Raymond "Joe" McCarthy was an American politician who served as a Republican U.S. Senator from the state of Wisconsin from 1947 until his death in 1957...
's chief counsel and already a noted anti-communist, joined the prosecution's legal team. Ann Remington reversed herself again and testified that her ex-husband had been a Communist Party member and that he had knowingly given secret information to Elizabeth Bentley. Bentley testified, repeating her charge that Remington had given her secret information, saying with regard to the synthetic rubber formula, "He said to me that...he thought that the Russians would need something very much like this." The prosecution also showed that Remington had handled secret documents that were somewhat similar to the aircraft production information that Bentley said she received from Remington.
During the trial, the defense attorneys revealed that John Brunini, the foreman of the grand jury that indicted Remington, had a personal and financial relationship with Elizabeth Bentley and had agreed to co-author a book with her.
Remington was convicted after a seven-week trial. Judge Gregory E. Noonan handed down a sentence of five years - the maximum for perjury - noting that Remington's act of perjury had involved disloyalty to his country. Remington's conviction was celebrated by many. An Washington Daily News
The Washington Daily News
The Washington Daily News was an afternoon tabloid-style newspaper serving the Washington, DC, metropolitan area. In this case, the term "tabloid" is merely a reference to the paper format and does not imply a lack of journalistic standards....
editorial said: "William W. Remington now joins the odiferous list of young Communist punks who wormed their way upward in the Government under the New Deal. He was sentenced to five years in prison, and he should serve every minute of it. In Russia, he would have been shot without trial."
Remington's attorneys appealed the verdict, and the judicial panel hearing the case included Judge Learned Hand
Learned Hand
Billings Learned Hand was a United States judge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later the United States Court of Appeals for the Second Circuit...
, one of America's most eminent jurists. The conviction was overturned on the grounds that Judge Noonan's instructions to the jury were too vague as to exactly what constituted "membership" in the Communist Party, and a new trial was ordered. Hand also criticized grand jury foreman John Brunini and Thomas Donegan, the assistant to the Attorney General who directed the grand jury investigation, for Brunini's relationship with Bentley and for "judicial improprieties" in their abusive treatment of both Ann and William Remington during questioning.
Instead of retrying Remington under the existing indictment, the government presented a new one charging Remington with five counts of perjury based on his testimony during the first trial. The charge from the first trial, that he perjured himself when denying he had ever been a Communist Party member, was not included.
The second Remington trial began in January 1953 with Judge Vincent L. Leibell presiding. It lasted only eight days. The jury found Remington guilty of two counts, for lying when he said he had not given secret information to Elizabeth Bentley and that he did not know of the existence of the Young Communist League, which had a chapter at Dartmouth while Remington was a student there. Leibell sentenced Remington to three years in prison. While his attorneys prepared another appeal, Remington began his sentence at Lewisburg Federal Penitentiary
Lewisburg Federal Penitentiary
The United States Penitentiary in Lewisburg is a male inmate high security federal penitentiary and satellite minimum security prison camp housing some 1,000 and 500 respectively, just outside Lewisburg, Pennsylvania. The Lewisburg Penitentiary was opened in 1932...
. The appeals court upheld the original verdict, and in February 1954, the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
refused to hear the case.
Imprisonment and murder
One of Remington's fellow inmates at Lewisburg was George McCoy, a violent man with an I.Q. of 61. McCoy was known to have made a number of angry remarks about Remington's communism. On the morning of November 22, 1954, McCoy convinced another inmate, 17-year-old juvenile delinquent Lewis Cagle, Jr., to join him in attacking Remington as he slept. Cagle used a piece of brick in a sock as a weapon, striking Remington four times on the head. Two days later, Remington died of his injuries. The prison warden described it to Remington's second wife as "not a personal attack against Bill...but just the actions of a couple of hoodlums who got all worked up by...the publicity about Communists." The FBI stated that robbery was the motive for the crime. His funeral was held in Ridgewood, New JerseyRidgewood, New Jersey
Ridgewood is a village in Bergen County, New Jersey, United States. As of the 2010 United States Census, the village population was 24,958. Ridgewood is an affluent suburban bedroom community of New York City, located approximately northwest of Midtown Manhattan.The Village of Ridgewood was...
on November 28, 1954.
Press attention focused on whether more should have been done to protect him in prison, and whether his murder was motivated by anti-communism. When Cagle confessed, the FBI instructed him to describe the crime as if he and McCoy had been trying to rob Remington.
When McCoy confessed four days later, he said he hated Remington for being a Communist and denied any robbery motive.
Worried that Cagle and McCoy's confessions might be ruled inadmissible and afraid that a jury would be sympathetic towards men who murdered a Communist, U.S. attorney J. Julius Levy accepted pleas of second degree murder from McCoy and Cagle. They received life sentences.
Remington's biographer Gary May concludes: "Clearly, Remington was no political innocent duped by the Communists, and his conviction for perjury seems justified. Yet Remington was no pro-Soviet automaton, no slave to Party or ideology, and not even the FBI, at least privately, was willing to classify him as a Russian spy."
Sources
- Gary May, Un-American Activities: The Trials of William Remington (NY: Oxford University PressOxford University PressOxford University Press is the largest university press in the world. It is a department of the University of Oxford and is governed by a group of 15 academics appointed by the Vice-Chancellor known as the Delegates of the Press. They are headed by the Secretary to the Delegates, who serves as...
, 1994)