privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

Mr. KENNEDY. Do you know the Mid-City Investments, Inc.?

Mr. SAWOCHKA. At this time, on the advice of counsel, I respectfully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

Mr. KENNEDY. Did you just purchase some property from that company or purchase some property from that company for $40,000? Mr. SAWOCHKA. At this time, on the advice

Mr. KENNEDY. With union funds. The union, did they just purchase some property from that company for $40,000?

Mr. SAWOCHKA. Again at this time, on the advice of counsel, I respectfully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

Mr. KENNEDY. Do you know Mr. Max Raddock?

Mr. SAWOCHKA. On the advice of counsel, I respectfully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

Mr. KENNEDY. Did Mr. Max Raddock speak to you about fixing the case of the Carpenters in Lake County?

Mr. SAWOCHKA. At this time, on the advice of counsel, I respectfully decline to answer the question and exercise my privilege under the fifth amendment not to be a witness against myself."

The CHAIRMAN. The Chair will ask you if you honestly believe that if you gave truthful answers to these questions, that a truthful answer might tend to incriminate you.

Mr. SAWOCHKA. Mr. Chairman, I honestly believe that if I am forced to answer the question, that I may be forced to be a witness against myself in violation of my rights and privileges under the fifth amendment of the United States Constitution.

The CHAIRMAN. You state that you honestly believe that under oath?

I say, you state under oath that you honestly believe what you have just read there?

Mr. SAWOCHKA. Yes.

The CHAIRMAN. Proceed.

Mr. KENNEDY. Did you discuss the matter of the Carpenters' indictments with Mr. James Hoffa, the International President of the Teamsters?

Mr. SAWOCHKA. On the advice of counsel, I respect fully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

Mr. KENNEDY. Did he tell you that you should give every assistance to Mr. Hutcheson or his representatives, Mr. Raddock, or Mr. Charles Johnson, Jr.?

Mr. SAWOCHKA. Again on the advice of counsel, Mr. Kennedy, I respectfully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

Mr. KENNEDY. Didn't you then have conversations and conferences with Mr. Raddock and Mr. Charles Johnson?

Mr. SAWOCHKA. On the advice of counsel, I respectfully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

Mr. KENNEDY. And didn't you have conversations directly with Mr. Hutcheson himself in connection with this matter?

Mr. SAWOCHKA. Again on the advice of counsel I respectfully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

Mr. KENNEDY. Would you tell us what your attorney, Mr. Joseph P. Sullivan, had to do with this matter?

Mr. SAWOCHKA. On the advice of counsel I respectfully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

Mr. KENNEDY. Mr. Sullivan is attorney for your local; is he not? (The witness conferred with his counsel.)

Mr. SAWOCHKA. Again on the advice of counsel I respectfully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

The CHAIRMAN. I think that is a matter of full knowledge; if you want to take the position that to admit that he is an attorney for your local might tend to incriminate you

Mr. SAWOCHKA. I honestly believe, Mr. Chairman, that if I am forced to answer the question, I may be forced to be a witness against myself in violation of my rights and privileges under the fifth amend ment of the United States Constitution.

The CHAIRMAN. That fact can easily be established, I think, by other proof. Proceed.

Mr. KENNEDY. According to the information we have, Mr. Chairman, Mr. Sawochka was continuously in touch with Mr. Raddock during the period of time just prior to the indictment being dismissed, and for some period of time afterwards.

Isn't that correct?

Mr. SAWOCHKA. On the advice of counsel I respect fully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

Mr. KENNEDY. He contacted you continuously and you also contacted him; is that right?

Mr. SAWOCHKA. Again, Mr. Kennedy, on the advice of counsel I respectfully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

Mr. KENNEDY. And you also made contacts with both Mr. Charlie Johnson, Jr., and Mr. Hutcheson in connection with this matter?

Mr. SAWOCHKA. On the advice of counsel I respectfully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

Mr. KENNEDY. It is true, is it not, that you played a major role in the restitution of the money to the State of Indiana?

Mr. SAWOCHKA. Mr. Kennedy, on the advice of counsel I respectfully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

The CHAIRMAN. Do you know the amount of money that was paid in restitution?

Mr. SAWOCHKA. On the advice of counsel I respectfully decline to answer the question, and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

The CHAIRMAN. Do you have any questions, Senator Curtis?

Senator CURTIs. I think not.

Mr. KENNEDY. Do you know Mr. Holovachka, the prosecuting attorney!

Mr. SAWOCHKA. On advice of counsel I respectfully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

Mr. KENNEDY. You personally contacted Mr. Holovachka frequently during this period of time; did you not?

Mr. SAWOCHKA. Again, Mr. Kennedy, on the advice of counsel I respectfully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

Mr. KENNEDY. And didn't you, starting on August 13, 1957, or thereabouts, call the prosecuting attorney, both at his office and at his unlisted telephone number?

Mr. SAWOCHKA. On the advice of counsel I respectfully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

Mr. KENNEDY. And wasn't this after you were contacted by Mr. Hoffa and by Mr. Raddock?

Mr. SAWOCHKA. On the advice of counsel, Mr. Kennedy, I respectfully decline to answer the question and exercise my privilege under the fifth amendment of the United States Constitution not to be a witness against myself.

The CHAIRMAN. Are there any further questions?

If not, thank you.

Call the next witness.

The Chair will state to the witness and his counsel, you may be recalled, but we hope to finish today. But you better wait.

Mr. ALLDER. I will consult with Mr. Kennedy, then, Mr. Chairman. The CHAIRMAN. Very well.

Mr. Donohue?

Can you give us at this time a report on Mr. Johnson, the witness that we have discussed heretofore?

Mr. DONOHUE. I talked with Mrs. Johnson at 25 minutes past 10. They were awaiting, momentarily, the arrival of Dr. Aaron, who has come down from New York, and who had treated Mr. Johnson in his

serious heart attack of some 2 years ago, and Dr. Yaeger, the local heart specialist who treated him the night before last.

The report from a cardiograph, which was taken the night before last in his room, indicated he did not suffer a coronary thrombosis, but an attack, I think the doctor called it, of angina pectoris, and that the examination showed no additional heart damage over and above that which still was evidenced from the earlier attack.

I hope that by the noon recess Dr. Aaron and Dr. Yaeger will have made a report which I can give to you, Mr. Chairman, at the opening of the afternoon session.

The CHAIRMAN. Very well. We will meet back at 2 o'clock.

The committee will stand in recess until 2 o'clock.

(Whereupon, at 11:50 a. m., the hearing recessed, to reconvene at 2 p. m. of the same day. At this point, the following members were present: Senators McClellan and Curtis.)

AFTERNOON SESSION

(At the reconvening of the session the following members were present: Senators McClellan and Kennedy.)

The CHAIRMAN. The committee will come to order.

Mr. Donohue? You have a report to make to the committee now with regard to Mr. Johnson, Charles Johnson?

Mr. DONOHUE. Yes, sir.

I have a communication under today's date on the stationery of Irwin I. Yager, medical doctor, 3065 16th Street NW., Washington 8, D. C.

To Whom It May Concern:

In the evening of June 24, 1958, I was called to the Sheraton Carlton Hotel to examine Mr. Charles Johnson, Jr.

When I arrived Mr. Johnson was suffering from severe pain over the sternum (breastbone).

It took two injections and several nitroglycedrin tablets to get him some relief. The symptoms and the history were those of coronary heart disease.

He was ordered to complete bed rest.

I called in Dr. Isadore Shulman, of 916 I Street NW., Washington, D. C., in consultation and to get an electrocardiogram on Mr. Johnson.

Dr. Shulman, too, was of the opinion that Mr. Johnson was suffering from coronary artery disease.

The electrocardiogram revealed a previous posterior wall infarction (clot) and coronary insufficiency.

I also learned from Mr. Johnson's physician, Dr. Harold Aaron, of 133 East 58th Street, New York City, that Mr. Johnson has been under the doctor's care for his heart condition for the past 5 years and that in 1956 and 1957 Mr. Johnson was hospitalized for posterior wall infarctions (coronary thrombosis).

In view of these facts it is my opinion as well as that of Drs. Aaron and Shulman that it would be extremely risky to subject Mr. Johnson to any physical or emotional strain.

Approved by Mrs. C. J., Jr.

IRWIN I. YAGER, M. D.

The CHAIRMAN. The Chair has a telegram from Dr. Aaron stating after a brief history of the case, that he would be, in effect, very ap prehensive to have Mr. Johnson testify; that it might endanger his life. I would like to have Mr. Johnson's testimony, or if not today, as early as he would be able to testify, but we do not feel disposed to try to override the judgment or the medical decision of reputable doctors, and I take it these are reputable doctors.

Therefore, we have no alternative except to grant a continuance as to Mr. Johnson's testimony. He will remain under subpena, of course. Will you agree as his counsel that when he is able to testify, and the committee desires his presence, he will respond upon notice without further subpena?

Mr. DONOHUE. Yes, sir.

The CHAIRMAN. Thank you very much.

In the meantime the Chair will announce that Mr. Johnson did appear before the committee in executive session on June 9, at which time he testified. That testimony can be made public and be made a part of this record, on approval of the committee.

Mr. KENNEDY. The approval has already been obtained, Mr. Chair

man.

The CHAIRMAN. The approval of the committee to make his testimony a part of this record and a public document, his testimony given in a previous session, has been approved, and, accordingly, it will be made a part of this public record at this point.