DUFFY, Senior Circuit Judge.
The appellants herein were indicted on June 4, 1963, on twenty-eight counts. The first twenty-seven counts charged substantive violations of the mail and wire fraud statutes (18 U.S.C. §§ 1341, 1343). The twenty-eighth count charged a conspiracy to commit the substantive offenses. The jury convicted all appellants on the conspiracy count, and each appellant on certain of the substantive counts.
The Court directed a judgment of acquittal of all defendants on Counts 2, 5, 11, 26 and 27. The Government dismissed Counts 10 and 18.
Except for the interstate transmission or mailing involved, the allegations of each of the first twenty-seven counts are, for all practical purposes, identical, alleging the same scheme to defraud the Central States, Southeast and Southwest Areas Pension Fund, often referred to in the record as the Teamsters Pension Fund or just the Pension Fund.
The indictment charged and the proof showed that defendant James R. Hof fa was president of the Teamsters Inter[702]*702national Union,1 president of Local 299 of the Teamsters Union in Detroit,2 and also a trustee of the Teamsters Pension Fund.
The indictment charged that the defendants conspired and did “devise a scheme and artifice to defraud the Pension Fund * * * by means of false and fraudulent pretenses, representations and promises by submitting false and misleading statements of material fact and by concealing material facts in order to obtain loans from the Pension Fund; and diverting, through various fraudulent devices, substantial amounts of the loan proceeds for their personal use and benefit.”
The indictment described the alleged scheme in some detail including the following: Defendants Dranow and Burris contacted prospective loan applicants and obtained employment as their agents for procuring Pension Fund loans. Dranow and Burris induced the prospective loan applicants to retain them by holding themselves out as being in a specially favored position to obtain Pension Fund loans because of their special relationship with defendant Hoffa. Hoffa and Kovens referred some of these prospective loan applicants to Dranow and Burris. Among the loan applicants involved were defendants Strate and Hyman.
The indictment further charged that Dranow, Burris, Strate, Hyman and Kovens participated in the preparation and submission of inflated loan applications to the Pension Fund; that these applications contained material falsifications and concealed material facts and that defendant Hoffa made misrepresentations to and concealed material facts from the trustees and staff members of the Fund.
The indictment further alleged that all of the defendants enriched themselves by causing more than $1,000,000 of the fraudulently obtained loan proceeds to be diverted to purposes other than those approved by the Pension Fund trustees. In addition, the defendants, by their participation in the scheme, allegedly obtained stock options, fees and contracts for services, construction fees, and ownership and control of borrowing corporations.
The indictment charged that in disposing of some of the diverted loan proceeds, the defendants applied more than $100,000 to the repayment of debts incurred by Sun Valley, Inc., a Florida real estate corporation, in which Hoffa had a substantial secret interest. Repayment of these debts enabled Sun Valley to extricate itself from reorganization proceedings under Chapter X of the Bankruptcy Act. Included among the Sun Valley debts that the diverted proceeds assisted in repaying was $400,000 owed by Sun Valley to a Florida bank. Repayment of this Sun Valley debt enabled Hoffa to withdraw from the Florida bank $400,000 of Teamster money which Hoffa had deposited in a non-interest-bearing account at the bank as security for the bank’s $400,000 loan to Sun Valley.
Separate counts of the indictment contained allegations of the mailings, telegrams and telephone calls by which the alleged scheme was furthered. The indictment concluded by charging that all of the defendants conspired together to devise and carry out the scheme.
At the trial, the Government presented testimony and documentary evidence tending to prove the charges made in the indictment. As often happens, where a number of defendants are charged and convicted of participating in a conspiracy, counsel for appellants will present their arguments based largely on testimony favorable to or given by their clients, while completely ignoring other testimony of a contrary nature. They will, perhaps, give lip service to the well-established doctrine and rule that in resolving the issue of sufficiency [703]*703of the evidence to sustain a conviction, an appellate court must view the evidence and the reasonable inferences which may be drawn therefrom in the light most favorable to the Government. Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 86 L.Ed. 680; United States v. Mims, 7 Cir., 340 F.2d 851, 852. But, after giving such lip service, the rule often is ignored. We feel that is true in the instant case.
The Government offered proof which was received in evidence as to a number of specific transactions in which various of the defendants were involved. In all of these transactions except No. 1, loans were made by the Teamsters Pension Fund. These transactions were designated as:
1. The Florida Bank-Sun Valley transactions;
2. The Connelly-Everglades transactions ;
3. The Strate-Pelican-Fontainebleau transactions;
4. The Hyman-Key West Foundation transactions;
5. The First Berkeley transactions;
6. The Kovens-Sager-Good Samaritan Hospital transactions;
7. The Kipnis-Causeway Inn transactions ;
8. The Simon-Airport Hotel transactions ;
9. The Strecker-4306 Duncan transactions ; and
10. The Dioguardi-Club 300 loan.
Within the limits of this opinion it is not practical to discuss in any detail all of the various transactions hereinbefore listed, nor the part played in each by the various defendants. Therefore, we shall not refer in detail to more than two of these transactions.
The Government offered proof which tended to show that the scheme or conspiracy commenced in 1958 when defendant Hoffa began his efforts to rescue Sun Valley, Inc. from insolvency and thus, so the Government argues, to protect himself from possible charges that he had been misusing Union funds.
Sun Valley, Inc. was a real estate promotion in Florida. It was planned that lots in the Sun Valley project would be sold to members of the Teamsters Union as well as to others. Henry Lower, a former Teamster employee, was the president of Sun Valley. Hoffa promoted Sun Valley lot sales at Teamster meetings and had an option to purchase 45% of the Sun Valley stock. Hoffa also had countersigned $75,000 worth of Sun Valley notes of which a total of $25,000 were outstanding and unpaid. He also owned a number of lots within the project.
After Henry Lower’s death, an instrument bearing Hoffa’s signature was found in a cookbook in Lower’s desk by his son. This document disclosed that Lower held 22% % of Sun Valley stock in secret trust for Hoffa. Although Hoffa denied that it was his signature on the document, handwriting experts at the trial testified that it was genuine.
In 1956, Sun Valley was in need of funds. The property was mortgaged. When Sun Valley applied to the Florida National Bank for loans, the bank insisted that Hoffa’s local Union No. 299, at all times, maintain on deposit in the bank, a restricted non-interest-bearing account, in a sum equal to the amount of the Sun Valley borrowings. Hoffa then deposited money belonging to the Union and the bank immediately made loans to Sun Valley equalling the amount of the Union deposits.3
From July 1958 to July 1960, Sun Valley, being unable to meet its bills, was involved in a reorganization proceeding under Chapter X of the Bankruptcy Act. During this period, Sun Valley owed Florida National Bank $399,000 and Hoffa’s Detroit Local had $400,000 tied [704]*704up in the “restricted” account at the bank. On three occasions during 1959, Hoffa. tried to withdraw the Detroit Local’s $400,000 but the bank would not honor the checks.
Under the heading “The ‘Bail-Out’ Effort Begins,” the Government cites negotiations with one Sanson, and offered proof to show that Sanson, a Florida business man, had a large loan application pending before the Teamsters Pension Fund trustees. In the summer of 1958, Dranow told Sanson that his loan would be put through if Sanson paid a substantial “fee” to him. Sanson agreed to do so, but told Dranow that the “fee” would be paid by check which would contain an explicit reference to the true purpose of the check. Apparently Dranow then lost interest and terminated the conversation.
In July 1958, Dranow and Hoffa jointly called Sanson on the telephone. Hoffa, in Dranow’s presence, proposed that if Sanson would “straighten out” Sun Valley, Sanson’s pending Pension Fund loan application would be granted. Hoffa suggested to Sanson that he (San-son) would be able to obtain additional Pension Fund loans for the Sun Valley project. Hoffa said “that this was a must proposition for him, that it was something that had to be done. * * * ”
Dranow and his financial agent, defendant Weinblatt, met with Sanson,4 but Sanson turned down Hoffa’s proposal.5 The Pension Fund rejected San-son’s loan application.
In September 1958, defendant George Burris incorporated Union Land and Home Company for the purpose of rescuing Sun Valley. Burris was acting as a “front” for Dranow, and Hoffa knew of Dranow’s concealed interest in the Company. Hoffa and Burris agreed that Union Land and Home Company would pay off a promissory note which Hoffa had cosigned for Sun Valley, and reimburse the Teamsters Detroit Local for the interest which the Local had lost as a result of having its $400,000 tied up in the “restricted account.” In exchange, Hoffa agreed to give up his Sun Valley stock option. No mention was made of Hoffa’s secret agreement with Lower.
THE CONNELLY-EVERGLADES TRANSACTIONS
One Vaughan Connelly owned the Everglades Hotel in Miami. He sought a Pension Fund loan to finance renovation of the hotel by defendant Kovens, a Miami contractor. Kovens said he would bring in a man “who could secure the loan with the Teamsters * * * a little man * * * who always seemed to be able to deliver the goods.” He brought in Dranow, introducing him as “Grossman.” Dranow, in turn, brought in Burris and introduced him as an accountant for the Pension Fund who “handled all his Teamster loan applications.”
During August and September 1958, Connelly discussed the proposed loan with Kovens, Dranow and Burris. The latter helped prepare the loan application. Dranow asked a $300,000 fee for procuring a $3,300,000 loan. Connelly agreed.
In January 1959, the Pension Fund trustees, including Hoffa, granted the loan, and Connelly received his first million dollar draw. Dranow and Kovens told Connelly the fee would have to be paid “under the table” in “small bills” and at once. Reference was made to the fact that “Hoffa was raising hell, * * Dranow then got excited and told Connelly he hoped the latter would not be harmed. “These boys play rough”, said Kovens.
The following day, Connelly took $100,000 in small bills to Kovens and Dranow. The inference is strong that these bills were from the proceeds of the [705]*705Pension Fund loan. Kovens burned the money wrappers. Dranow stuffed the cash into a bag and left to go “to Washington to deliver the money to the Boss.” 6
Throughout the spring of 1959, Connelly made additional “fee” payments to Kovens and Dranow. In May 1959, Dranow told Connelly “to keep out of sight” because the McClellan Committee investigators were in Miami “trying to link up Dranow and * * * pension loans with the Teamsters and with Mr. Hoffa.” Kovens suggested that Connelly leave the country, but Connelly refused to do so.
However, when Committee investigators interviewed him, Connelly denied that he had made pay-offs for his Pension Fund loan. Connelly told Kovens, Burris and Dranow that he had lied to the investigators. Dranow said Connelly “had stood up for Mr. Hoffa.” Later, Hoffa, referring to Connelly’s denial, told Connelly that it was “a fine statement.”
By late spring of 1959, Connelly was again short of funds. Dranow told him he could get him another million dollars from the Pension Fund “but it was going to cost * * * more money than the other one. * * * ”
Dranow and Burris helped Connelly on his second loan application. A loan to Connelly of $1,000,000 was approved on Hoffa’s motion subject to certain conditions which had not been fulfilled. At the end of a regular meeting of the Pension Fund trustees, Hoffa called what the Government has characterized as a “rump session of the Pension Fund trustees” and told them “Connelly has got to have his check today.” Thereupon, Connelly got his million dollar check.
By January 1960, Connelly was once more short of money. He discussed his inability to pay his debts with Hoffa and Dranow. Connelly prepared a letter requesting a Pension Fund moratorium on all of his loan payments. Hoffa told him to make the letter stronger and get it to the Fund prior to its March 15th meeting. Hoffa told Connelly to stay away from the meeting saying “I’ll call you if I need you.” At the March 15th meeting, on Hoffa’s motion, the Fund trustees voted for the moratorium.
In April 1960, Connelly appearing before a federal grand jury investigating Sun Valley and Pension Fund pay-offs, denied making any pay-offs in connection with his loans. Later, he told Dranow that he had lied to the grand jury. Two months later, the Pension Fund foreclosed its mortgages on Connelly’s hotel.
The evidence disclosed that Connelly had paid almost $400,000 in “fees” in connection with his loans and proof was made, which the jury was entitled to believe, that $15,000 of this money went into what the Government called “the Sun Valley bail out.”
STRATE-PELICAN-FONTAINE-BLEAU TRANSACTIONS
Defendant Strate was one of the principal owners of the Pelican Corporation which was constructing the Fontainebleau Hotel in New Orleans. Difficulties in financing were encountered as the building was being erected on leased land. The Pension Fund twice had rejected applications, Hoffa explaining “We cannot see the leased land.”
In April 1959, representatives of Strate contacted Kovens who referred them to Dranow who later instructed them to provide $175,000 in “small bills and old money” in a safety deposit box.7 This was done. Dranow promised to deliver a $1,350,000 Pension Fund loan for a “fee” of only $155,000. Strate and his partners agreed to the terms.
On June 6, 1959, Strate applied to the Pension Fund for the loan. He appeared before the Board of Trustees, being introduced by defendant Hoffa who made [706]*706no mention of the “leased land” problem. In July, the Board approved the $1,350,-000 loan. Within a month, Strate delivered $155,000 “in old small bills” to Dranow. This “fee” was funded by the proceeds from the Pension Fund loan.
In October 1959, Strate applied for a $2,325,000 Pension Fund loan “to build an addition to” the Fontainebleau. During these negotiations, Strate made a number of misrepresentations to the Pension Fund Board.
Between March 1960 and November 1961, Pelican received $3,350,000 in Pension Fund construction loan proceeds but only about $3,104,000 was used on the new construction. Over $200,000 was used by Strate for stock purchases, repayment of loans and payments to himself. The Government offered evidence to support its claim that almost $50,000 can be traced through Dranow and Weinblatt into “the Sun Valley bail out.”
WAS THE EVIDENCE SUFFICIENT TO ESTABLISH THE CONSPIRACY AND THE CONNECTION OF EACH DEFENDANT WITH IT?
The Government had the burden to prove that the defendants conspired to and did devise a scheme to defraud the Pension Fund by submitting false and fraudulent representations and concealing material facts from the Pension Fund trustees and staff in order to obtain Pension Fund loans. It also had the burden of showing that defendants used the mail and wire services in aiding the execution of the scheme.
The burden also rested on the Government to demonstrate that the central object of the conspiracy was to obtain money for the purpose of “bailing out” Sun Valley, and that each defendant had knowledge of the conspiracy and scheme. United States v. Falcone, 311 U.S. 205, 61 S.Ct. 204, 85 L.Ed. 123; Direct Sales Co. v. United States, 319 U.S. 703, 711, 63 S.Ct. 1265, 87 L.Ed. 1674.
Each defendant strongly insists that the evidence did not establish the existence of such a scheme and further argues that even conceding the existence of such a scheme or conspiracy, the evidence did not connect him with it.
Although the Government was required to establish one conspiracy rather than a series of separate conspiracies, Kotteakos v. United States, 328 U.S. 750, 66 S.Ct. 1239, 90 L.Ed. 1557, the fact that a conspiracy’s various members may play different roles in executing it, and have dissimilar motives for participating in it, does not mean that a single conspiracy does not exist.
We hold the proof in this case was sufficient for the jury to find that a single conspiracy did exist and that each defendant was a knowing member of it; that Hoffa’s primary concern when the conspiracy was formed and the central purpose of the conspiracy and scheme was to “bail out” Sun Valley. Further, that Dranow, Kovens and Burris knowingly assisted Hoffa in this effort which resulted not only in the rescue of the Sun Valley project, but also in their receipt of cash payments and other emoluments.
Strate and Hyman were borrowers whose object in joining the scheme was to get large loans for their projects. Kovens, in the Good Samaritan transactions, and Burris in the First Berkeley transactions, would also fit into the borrower category. It seems clear that the borrowers’ need for large loans was so great that they were willing to pay the price of joining the conspiracy. Applicable is the statement in Blumenthal v. United States, 332 U.S. 539, 559, 68 S.Ct. 248, 257, 92 L.Ed. 154, that all the defendants “ * * * knew of and joined in the overriding scheme” and that “All by reason of their knowledge of the plan’s general scope, if not its exact limits, sought a common end * *
To find defendant Hoffa guilty, it was not necessary for the Government to prove that he knew every detail of the arrangement between Dranow, Burris, Kovens and the borrowers. It also was unnecessary for the Government to prove that the borrowers knew the details of [707]*707other loans placed through Hoffa for the evidence was sufficient to support the jury’s finding that all had a stake in the common venture.
Defendant Hoffa urges that the Pension Fund did not actually lose money on the loans involved in this ease. However, due to the long term nature of the loans and the fact that subsequent loans were made to refinance earlier loans, it was impossible to ascertain with certainty whether or not a loss occurred. In any event, it is well established that actual loss is not an essential element of the crime. United States v. Sylvanus, 7 Cir., 192 F.2d 96, 106.
The Fontainebleau Hotel loans illustrate the defendants’ involvement in procuring otherwise doubtful Pension Fund loans for applicants who were willing to pay the price, and also demonstrate how loans were granted which, undoubtedly, would not have been made if all the actual facts had been known.
Strate and his group had twice failed to obtain loans from the Pension Fund due to the fact that their hotel was being built on leased land. However, when Dranow and Burris intervened, and Dranow was promised a fee of $155,000, the loan was approved.
A second loan of $2,235,000 was made to Strate and his group for additional construction on the Fontainebleau Hotel. The Government offered proof to show that during the negotiations for that loan, Strate made false representations to the Pension Fund trustees regarding past and future expenses and the presence of the requisite owner’s equity.
The Government also proved that defendant Hoffa callecT'the Pension Fund appraiser and informed him that although the owner’s equity requirement had not yet been met for the above loan, the applicants would be able to meet it within sixty days. Seventeen days later, the Pension Fund issued its letter of commitment granting the full $2,350,000 loan.
The type of misrepresentation found in connection with the granting of the Fontainebleau loan is illustrative of those made in connection with other loans in this case.
Defendant Hoffa argues that his interest in helping Sun Valley was motivated only by his desire to help the Teamsters, but the jury apparently was unimpressed by his protestations of good faith. It was entitled to believe the testimony that Hoffa considered the “bail out” of Sun Valley, a “must proposition.” From the evidence submitted, it undoubtedly rejected Hoffa’s proffered motive and concluded that Hoffa’s interest in “bailing out” Sun Valley was generated by other considerations.
One of these considerations w;as Hoffa’s financial interest in Sun Valley discussed above. Another and perhaps far. more important one which the jury could have considered, was Hoffa’s use of $400,000 of Teamster money to secure Sun Valley’s financial position. The jury could have concluded that in light of the McClellan Committee investigation, Hoffa was most anxious to get this money out of the Florida bank and return it to the Union Local. This conclusion may have been further buttressed by the testimony that Hoffa had congratulated Connelly for lying to the McClellan Committee about the Pension Fund loan pay-offs.
Finally, Hoffa’s claim of good faith interest in Sun Valley runs afoul of the fact that his secret connection with Sun Valley could properly be regarded as a violation of his fiduciary duties to the beneficiaries of the Teamster Pension Fund.
Dranow’s connection with the scheme is clearly evident. He took an active part in the conspiracy at every step. He was. active in placing all the larger loans. He succeeded in obtaining substantial amounts of money for himself and his claim that he sought only legitimate finders’ fees apparently did not ring true to the jury. His insistence on his fees from Connelly and Strate being paid in “small old bills” and having Connelly falsify to the McClellan Committee as to the Ever[708]*708glades loan, all belie his claimed innocence.
It is not necessary to discuss Dranow’s attack on the substantive mail counts, as his conviction on the conspiracy count sustains the sentence imposed on him. Lawn v. United States, 355 U.S. 339, 359, 78 S.Ct. 311, 2 L.Ed.2d 321.
Defendant Burris argues he was also merely engaged in the legitimate business of obtaining finders’ fees for placing loans. However, the evidence discloses that Burris was involved far beyond an interest in legitimate finders’ fees. Dranow introduced Burris to Connelly as the accountant who handled all of his Teamster loan applications. The jury was entitled to believe that Burris was a co-conspirator who had an active part in obtaining fraudulent loans from the Pension Fund, using the proceeds of inflated loans to help extricate Sun Valley as well as to make a profit for himself. Burris took an active part in the Everglades loans to Connelly and the Key West loan to Hyman. Furthermore, Burris became the accountant for the Strate Fontainebleau group at the time they were applying for a second loan.
Defendant Kovens was not involved in all of the transactions proved. However, there was sufficient evidence for the jury to conclude that he was a knowing member of the conspiracy and scheme to defraud the Pension Fund.
As early as July 1958, Kovens brought up the possibility of Connelly taking over Sun Valley. He later introduced Connelly to Dranow whom he called “Gross-man,” as an individual who could secure Pension Fund loans. It was also Kovens who suggested to Connelly that he leave the country until the McClellan Committee investigators left town.
In addition, the Government offered proof of misrepresentations made by Kovens to the Pension Fund trustees in connection with the Good Samaritan Hospital loans, and showed that it was Kovens who brought Dranow into the Strate Fontainebleau Hotel transactions. We find that the evidence would have warranted the jury in concluding that Kovens was involved in the conspiracy and scheme in numerous other respects.
Undoubtedly, defendant Hyman was principally interested in obtaining loans for his various business projects. However, we find that from the evidence, the jury could have concluded that Hyman was a member of the conspiracy, finding that he knew the price of obtaining a Pension Fund loan through Dranow and Burris was a finders’ fee that would help Dranow and others to extricate Sun Valley.
Hyman admitted investing $100,000 in Union Land and Home Company, the company formed for the purpose of “bailing out” Sun Valley. He also advanced $50,000 to pay creditors of Sun Valley in May 1960. Evidence was offered to show that he was repaid for this advance out of the proceeds of a $400,000 Pension Fund loan. The application for this loan was made in the same month that Hyman made his advance to pay Sun Valley creditors.
The timing of the advance and the loan application is curiously coincidental. When the fact is added that Hoffa supported the loan with false statements, the inference readily appears that the granting of the loan was not on its merits, but as the result of a conspiratorial agreement.
The role of defendant Strate has been discussed above in connection with the Fontainebleau loans. The fact that he and his group had been unable to secure a Pension Fund loan until Kovens brought Dranow into the picture and agreed to pay the latter a finder’s fee of $155,000 is significant. The loan went through on Hoffa’s motion and Dranow notified the Strate group that the loan had been approved before it received formal notification. Considering all this, the jury could well have concluded that the loan was not made on the merits but as a result of the conspiracy.
Weinblatt was a lesser member of the conspiracy. He was Dranow’s agent and his nominee of a number of bank ac[709]*709counts. He acted as such because Dranow wanted his own interest in these accounts concealed from investigators. The District Judge imposed a sentence of one hour in custody and a fine of $5,000. Although Weinblatt was not of great importance in the scheme, the jury did have a basis for holding that he was knowingly implicated in the conspiracy.
QUESTION OF SEVERANCE
A number of defendants claim error because their motion for a severance was denied. However, as they were all part of one conspiracy, it was proper to try them together. Blumenthal v. United States, 332 U.S. 539, 68 S.Ct. 248, 92 L.Ed. 154; Schaffer v. United States, 362 U.S. 511, 514, 80 S.Ct. 945, 4 L.Ed.2d 921.
Hoffa and Kovens complain that it was prejudicial for them to have been tried with Dranow because the personality of the latter would naturally antagonize a jury. We do not think that this complaint amounts to error in view of the extremely close association of Hoffa and Kovens with Dranow in various loan transactions.
DENIAL OF SPEEDY TRIAL
Hoffa and other of the defendants claim they were denied their constitutional right to a speedy trial. There was a delay due to the Hoffa trial in Tennessee. The instant case went to trial on April 27, 1964, about six weeks after Hoffa’s conviction in Tennessee, and some eleven months after the return of the indictment. The Tennessee indictment had been returned prior to the indictment in the instant case. Under the circumstances, we hold that there was no abuse of discretion on the part of the trial judge in postponing the trial, and we hold that defendants were not denied their constitutional right to a speedy trial.
ALLEGED ERRORS AT THE TRIAL
The trial of the instant case extended over a period of three months. At least six of the attorneys for the various defendants were actively engaged in the defense. It would have been quite unusual if some errors had not occurred during that extended period. However, as the Supreme Court has stated, the test is that “A defendant is entitled to a fair trial but not a perfect one.” Lutwak v. United States, 344 U.S. 604, 619, 73 S.Ct. 481, 490, 97 L.Ed. 593.
We shall now consider and discuss a number of the alleged errors which the defendants claim to be prejudicial and which, they argue, require a reversal and a remand for a new trial.
ALLEGED ERROR IN THE SELECTION OF GRAND AND PETIT JURORS
Defendants Burris, Hoffa and Kovens claim that the manner in which the grand and petit jurors were selected constituted prejudicial error. They claim that these jurors were improperly drawn because the Jury Commissioner did not participate in the drawings8 and because the names were not read aloud as they were drawn from the box.
The challenge to the grand jury array has been waived by laches. Defendants were arraigned on June 25, 1963. They indicated a willingness to forego all pretrial motions if they were granted an immediate trial. The trial judge explained that a trial date was not possible until the coming fall, and granted them twenty days to file any motions. Many motions were filed seeking discovery, bill of particulars, severance, and attacking the indictment in whole or in part. The case was called for hearing on March 23, 1964. On April 9, 1964, a motion was filed challenging the petit jury array. It was not until April 13, 1964, that a motion was filed challenging the grand jury array. This was an un[710]*710reasonable delay. Hyde v. United States, 225 U.S. 347, 373, 32 S.Ct. 793, 56 L.Ed. 1114. It was filed after the time permitted by Rule 12(b), F.R.Cr.P.
28 U.S.C. § 1864, provides that the names of the jurors “shall be publicly drawn from a box containing the names of not less than three hundred qualified persons at the time of each drawing.” Pursuant to the practice in the District Court, the clerk of court assisted by two deputies, drew the jury panel. Defendants requested that the names drawn for the petit jury be read aloud. The trial judge held that such a procedure would not be necessary in order for the drawing to be a public one under § 1864. To insure that the potential jurors would not be approached by either the Government or defendants prior to the selection of the jury, the Judge ordered that until the voir dire, their names were not to be disclosed to counsel on either side, the marshal or the court itself. The list was locked in the clerk’s vault. 28 U.S.C. § 1864 requires that the jury be publicly drawn, but it does not require nor do we interpret it to mean that the names must be read aloud. No efforts were made to keep secret the fact that a jury was being drawn. The trial judge was, undoubtedly, extremely sensitive to the idea of possible jury tampering, and was taking extra precautions so that the prospective jurors would remain free from any contamination. We hold prejudicial error was not committed in following the procedure here outlined.
DEFENDANTS CLAIM ERROR DUE TO EMPANELLING PROCEDURES
Certain of the defendants claim prejudice because the court limited the defendants to eighteen peremptory challenges; also, because they were not permitted to ask certain questions of the potential jurors, and because the trial judge at first limited their time with each venireman, and later took over the questioning himself.
The selection of the jury in this case consumed ten court days. Over 500 veniremen were questioned on the voir dire before the twelve jurors and four alternates were chosen. The Federal Rules of Criminal Procedure entitle non-capital defendants, whether tried singly or jointly, to no more than ten peremptory challenges as a matter of right. There is no constitutional or statutory right to a greater number. Stilson v. United States, 250 U.S. 583, 586-587, 40 S.Ct. 28, 63 L.Ed. 1154; Schaefer v. United States, 251 U.S. 466, 470, 40 S.Ct. 259, 64 L.Ed. 360.
Defendants also complain that they were not permitted to inquire into certain subjects such as the political affiliations of the prospective jurors, or whether a venireman had ever crossed a Teamsters picket line.
We hold that under the circumstances present, and considering the length of time consumed in the process of selecting jurors, the trial court acted within its discretion in foreclosing inquiries which seemed to be of a dilatory nature.
As to the judge taking over the examination of potential jurors, a defendant in a criminal case does not have a right to have his counsel question each venireman on the voir dire. Paschen v. United States, 7 Cir., 70 F.2d 491, 495. Furthermore, Rule 24(a), F.R.Cr.P., permits the trial judge, in his discretion, to conduct the examination himself. This rule has been held to not violate any constitutional right of a defendant. Hamer v. United States, 9 Cir., 259 F.2d 274. We find no error with respect to the manner in which the jury was selected.
PREJUDICIAL PUBLICITY
All defendants claim they were prejudiced by publicity directed toward the defendant Hoffa, charging much of this publicity was generated by the Government. Particular complaint is made of the public clashes between the then Attorney General, Robert F. Kennedy, and the defendant Hoffa.
Defendants argue that the trial court failed to take adequate action to protect [711]*711them from various kinds of prejudicial publicity. They assert that during the period of the jurors’ selection, Look Magazine published a story concerning an alleged plot by Hoffa to assassinate Robert F. Kennedy, and that shortly thereafter, Life Magazine ran a similar article.
Selection of jurors commenced on April 27, 1964, and continued to May 11. On May 1, Attorney General Kennedy spoke at a Law Day observance at the University oT Chicago. During a question and answer session with students after the speech, Kennedy admitted he had heard the charges made by one Edward G. Partin that Hoffa was interested in the suggested assassination of him. Although the Attorney General’s answer was not given in an interview with the press, a news story based on the statement did appear in the newspapers.
Whenever any person of prominence is charged with a crime, the story usually will receive wide distribution through various news media. It may be impracticable to postpone the trial for a period long enough for public interest to die down. As the Ninth Circuit Court of Appeals said of Dave Beck (Beck v. United States, 298 F.2d 622, 628)— “ * * * it seems obvious that it would be impossible ever to bring this defendant to trial if it were necessary to await a complete abatement of all publicity concerning a man so much in public view.”
The fact that a juror may have read newspaper accounts or heard comments on radio or television relative to a criminal charge is alone not sufficient ground for excusing a prospective juror. Finnegan v. United States, 8 Cir., 204 F. 2d 105, 110. It is not required that jurors be totally ignorant of the facts and issues involved. Irvin v. Dowd, 366 U.S. 717, 722, 81 S.Ct. 1639, 6 L.Ed. 2d 751. In the latter case, the Supreme Court said at page 723, 81 S.Ct. at page 1642 — “To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a prospective juror’s impartiality would be to establish an impossible standard. It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court.”
The voir dire examination is the proper place to determine whether a defendant’s public notoriety has resulted in a prospective juror’s prejudice. Although counsel for defendants complain that they were unduly restricted on the voir dire, we do not think this is true. Some ten court days were consumed in obtaining the jurors who sat on this case. As each panel of veniremen entered the box, the trial judge informed them that only those who could put aside any past opinions and reach a decision entirely on the evidence presented in court were desired as jurors. Each venireman was asked if he could do so, and those who expressed any doubt as to their ability in this regard, were excused.
A reading of the transcript of the proceedings extending over a two weeks’ period is convincing that the jurors selected were not prejudiced by publicity as to Hoffa or otherwise.
JURY SEQUESTERED AT GREAT LAKES NAVAL STATION
The sequestered jury was taken from a downtown Chicago hotel and removed to the Bachelor Officers’ quarter's at Great Lakes Naval Station. All of the defendants claim such action was error, and the defendant Hoffa suggests that the jury was kept “ * * * under virtual military imprisonment [which] was violative of the Fifth [due process] and Sixth [public trial] amendments.” Hoffa further argues that such a sequestration “ * * * is patently at odds with the basic American tradition deploring any interference by the military with the regular administration of justice in the civil courts.”
We hold that in view of the notoriety given to the trial, sequestration of the jury was entirely proper. Furthermore, the trial judge knew of recent charges of alleged jury tampering [712]*712and naturally thought it advisable to keep the jury isolated.
The quarters at the Great Lakes Naval Station were separate and comfortable. They were within one hour’s drive from the federal courthouse. The jury could more easily be kept isolated at these quarters than in a crowded downtown hotel where jury contact with hotel employees such as bellboys and elevator operators would necessarily be frequent.
The place where the jury was to be kept was within the sound discretion of the trial judge. We hold that there was no abuse of that discretion and that there was no error committed by reason of quartering the jury during the trial at the Great Lakes Naval Station.
JUROR LEE WAS EXCUSED
Near the close of final arguments, the trial judge received information from the attending doctor that the ninety-two year old mother of Juror Lee had undergone major surgery for a broken hip, and that he did not expect her to leave the hospital alive. The Judge asked the parties whether they wished to continue with eleven jurors in the event of the lady's death during deliberations, or whether they would prefer to have the first alternate juror replace Lee before the deliberations began.
Counsel for defendants suggested that Lee be consulted as to whether he wished to be excused, but if the Court refused to do so, they would prefer proceeding with the alternate juror substitution. The trial judge did not desire to consult with Juror Lee and did not do so. He excused Lee, and the trial proceeded with the first alternate juror sitting as a member of the panel.
We hold the trial judge did not err in excusing Juror Lee without having consulted him as to whether he wished to be excused.
SUBMISSION OF COPY OF INDICTMENT TO JURY
During the deliberations of the jury, its foreman handed the Deputy Marshal in charge a sealed document which was delivered to the Court. The document requested information, but was ambiguous as to what specific information the jury desired. It referred to “work papers” and mentioned “document of all counts,” “document of law on all counts” and “document of overt acts named.” Several rows of numbers were also listed, apparently indicating the twenty-one counts then remaining in issue and the seven counts which had been dismissed.
As seven of the twenty-eight counts had been dismissed, the jury may well have been in doubt as to which were the seven counts no longer in the case. However, upon reading the jurors’ request, the trial judge told the Deputy Marshal to give a copy of the entire indictment to the jury and to tell them “they can have this [the indictment] and nothing more.” None of the defendants or their attorneys were then present. The Deputy Marshal gave the indictment to the jury and related the Court’s oral message.
It was later discovered that the copy of the indictment which had been sent in to the jury, contained certain ink markings. The Court indicated that it had not placed these markings on the copy of the indictment at the time it was sent to the jury room.
The principal marking on the indictment was the word “out” written immediately after the subheads of count 5, count 10, count 11, count 18, count 26 and count 27. All of these counts either had been stricken by the Court or dismissed by the Government.
The only other marks on the copy of the indictment were lines drawn through the name of Herbert R. Burris who had been dismissed from the case, and two small markings near Hoffa’s name in a sentence relating to a telephone call between Hoffa and one Maurice A. Lieberman. It would appear that th,e markings on the copy of the indictment were made by some member or members of the jury, and were in no way prejudicial to Hoffa or the other defendants.
[713]*713It is urged, however, that the trial court committed reversible error in communicating orally with the jury and in sending in the copy of the indictment in the absence of defendants and their attorneys. Defendants insist that the trial judge stated he would notify the parties and their counsel if any questions were asked by the jury during deliberations.
Undoubtedly, the trial judge assumed that it would assist the jurors to have the indictment before them so as to enable them to relate the counts of the indictment to the various transactions. The trial judge knew this would be a problem and earlier had suggested a form of verdict which would have identified the counts, such as putting “Everglades” at the top of Count 2. However, defendants objected and this was not done. The Court asked for suggestions as to how the counts could be better identified for the jurors, but counsel for defendants had none.
In United States v. Press, et al., 2 Cir., 336 F.2d 1003, a somewhat similar situation was discussed at page 1016. The Court said: “It is not improper for the court to read the indictment in its entirety or portions thereof to the jury (citations). Indeed, in protracted cases involving numerous counts such as this one, reference to the indictment often serves as a helpful guide in delineating the issues the jury may be called on to decide. Similarly, it is not error to give the indictment to the jury for use during its deliberations (Citing cases). The decision to do so rests in the sound discretion of the court.”
The defendants claim that the copy of the indictment transmitted new information to the jury, since in reading the indictment to the jury, the court had omitted certain portions. However, the Court repeatedly had advised the jury that the charges in the indictment were not evidence of guilt. To illustrate, the Court told the jury “As you have heretofore been advised, the indictment which has been returned by a grand jury is not any evidence of guilt and must not be construed by you as such.” Again, the Court pointed out in reading a portion of the indictment — “That these are mere allegations in the indictment which are not proof of anything.” At another point the Court said to the jury — “Now, again, I tell you that the indictment in this case is no evidence of the defendants’ guilt * * *. You must not be prejudiced against the defendants because an indictment has been returned against them.”
We note that counsel for defendant Hoffa had earlier indicated he wanted the jury to know that a number of counts had been dismissed and that other portions of the indictment had not been proved. He said the jury was entitled to know that the Government “flunked 25% of the course; that is seven counts out of twenty-eight went down * * *.”
It was not good practice for the trial judge to have sent the brief message and indictment to the jury in the absence of defendants and their counsel, but it is obvious that the indictment was the only thing the Court sent to the jury whether or not anything was said. No further instructions were given as was the situation in the majority of cases relied on by defendants. See United States v. Neal, 3 Cir., 320 F.2d 533; Evans v. United States, 6 Cir., 284 F.2d 393, 94 A.L.R.2d 266, and Rice v. United States, 8 Cir., 356 F.2d 709, 717. Under the circumstances then present, we hold that the procedure now complained of was not prejudicial and does not warrant a reversal of defendants’ convictions. United States v. Compagna, 2 Cir., 146 F.2d 524; Walker v. United States, 116 U.S.App.D.C. 221, 322 F.2d 434.
EVIDENCE OF HOFFA’S PRIOR CONVICTION
On May 9, 1963, Hoffa was indicted in the United States District Court for the Middle District of Tennessee on a charge that he had willfully endeavored to influence, intimidate and impede petit jurors in the discharge of their duties in violation of Title 18 U.S.C. § 1503. The indictment in the Tennessee case was returned prior to the time that the indict[714]*714ment was filed in the instant case. The jury in the Tennessee case found Hoffa guilty of the charge, and the United States Court of Appeals for the Sixth Circuit affirmed. United States v. Hoffa, 6 Cir., 349 F.2d 20.9
In the instant case, defendant Hoffa took the stand in his own behalf. At the beginning of the cross examination, Hoffa admitted he had been convicted in March 1964 of endeavoring to obstruct justice by tampering with the federal district court jury, his verbatim answer being “Yes, by perjured testimony of an admitted kidnapper.” Hoffa now claims the Court committed prejudicial error in permitting the Government to impeach him by adducing testimony of his conviction which was then pending on appeal.
The trial court relied on our decision in United States v. Empire Packing Company, 7 Cir., 174 F.2d 16, 20, cert. den. 377 U.S. 959, 69 S.Ct. 1534, 93 L.Ed. 1758. The panel or division of our Court in that case consisted of Judges Major, Minton and Wham. On this appeal, the Government likewise relies on Empire Packing and states that Bloch v. United States, 9 Cir., 226 F.2d 185, 188, is in accord.
Hoffa relies on our decision in United States v. Levi, 7 Cir., 177 F.2d 827 [Major, Minton and Duffy] — apparently considering that our decisions in Empire Packing and Levi are inconsistent. We do not agree.
In Empire Packing we said: “ * * * An accused, taking the stand in his own defense, may be cross-examined regarding a prior conviction for a felony, as affecting his credibility (citing cases). The fact that Chapman’s conviction for income tax evasion was pending on appeal, as brought out in the trial court, did not render the cross-examination improper. Unless and until the judgment of the trial court is reversed, the defendant stands convicted and may properly be questioned regarding said conviction solely for the purpose of testing credibility. (Citing cases) * *
In Levi, the Assistant United States Attorney asked Levi if he were the same Levi who was convicted a few days previously in a tax evasion case. We held this question was error because Government counsel knew or should have known that a judgment of conviction had not been entered in that case, and that the trial court still had the motion for acquittal under consideration. Judge Minton wrote a dissenting opinion expressing the view that there was no reversible error. The circumstances that surrounded the impeaching question in Levi are certainly distinguishable from those of the case at bar.
We cannot say that the trial court committed reversible error in following the law in this circuit. No authorities have been cited to us to convince us now that our previous decision in Empire Packing was erroneous.
An additional reason for finding no prejudicial error in the impeaching question is that Hoffa’s experienced and able counsel did not object to the question when it was asked. In fact, in his closing argument to the jury, counsel said: “But the first thing that Mr. Bittman [Government Counsel] went to for Mr. Hoffa like, a grip, and it is proper cross examination — I didn’t object — ‘Are you the James R. Hoffa who was convicted in Chattanooga?”’ [Emphasis supplied] Counsel for Hoffa then told the jury that the Tennessee conviction was on appeal, and that the Government’s use of it for impeachment purposes indicated a lack of confidence in both the Tennessee conviction and in the instant prosecution.
Several of defendants’ trial counsel including counsel for Hoffa had previously conferred with the trial judge requesting advice as to his ruling should any former convictions of the defendants be brought out on cross examination. The trial judge informed them that he -would permit the Government to bring [715]*715out the prior convictions on the authority of Empire Packing. It is, therefore, quite apparent from this and counsel’s above comments to the jury that counsel for Hoffa deliberately decided not to enter an objection to the impeaching question. We hold that it was not reversible error to ask witness Hoffa if he had previously been convicted.
TESTIMONY OF ALTERNATE JUROR PARE
Defendants filed an additional and supplemental motion for a new trial based upon information coming to them through alternate juror Pare. At a hearing held after the jury had returned its verdict and had been dismissed, Pare testified that during the trial, a member of the jury had shown him a Chicago newspaper article concerning the trial court’s exclusion of the Link-Dranow letters discussed infra. Pare testified he had read the article but that no conversation had occurred in connection with it.
It appears that while the jury was at Great Lakes Naval Station, newspapers were available to them. However, any articles referring to the trial of the instant case were cut out before the jurors received the papers. We surmise that the article in question was missed because of its inconspicuous placement between the obituary column and the church announcements.
There was no evidence of any outside influence on the jury and from Pare’s testimony, it appears that, for the most part, the jurors followed the Court’s admonition not to discuss the case among themselves until the case was finally submitted to them for decision. We think, under all of the circumstances present, that these matters brought to the attention of the.trial judge after verdict were not sufficient to require an inquest by the Court or the granting of a new trial. We find no error in the Court’s refusal to call back the jury for examination or in its denial of a new trial.
ALLEGED ERRORS AS TO RECEIPT AND EXCLUSION OF EVIDENCE
The defendants urge numerous claims of error based upon the admission or exclusion of evidence. Perhaps the alleged error most strenuously urged by defendants relates to the Link-Dranow letters.
On cross examination, defendant Dranow was asked if he had written a letter to George Burris stating “Everything can be blamed on me, and everything that could be put on me to protect the others should be blamed on me. * * * ” Dranow answered he did not recall writing the letter although it was in his handwriting.
Dranow was then asked if he had written a second letter designating certain persons including some of the defendants, who should put aside sums of money ranging from $5 to $15 per day, to be eventually turned over to him. Upon objections, the Court instructed the jury to consider this matter only as to Dranow. The witness again answered he could not recall writing the letter, nor did he recall delivering either of the letters to Mr. Irving Link, but admitted that the second letter was also in his handwriting.
Both initially and at the end of the testimony, the Court instructed the jury to consider this evidence only as to defendant Dranow. However, later the Court decided that the possible prejudice to the other defendants outweighed the testimony’s relevance and it instructed the jury to disregard the testimony of both Dranow and Link as to these letters, and not to take this testimony into consideration in arriving at its verdict.
We hold there was no error as the letters were admissible to impeach Dranow. The trial judge exercised wise discretion in refusing to grant a mistrial, and he protected the rights of the other defendants by directing the jury to entirely disregard the letters.
[716]*716The other claimed errors relating to the admission or exclusion of evidence, including evidence as to benefits payable by the Pension Fund, have been considered, and we hold there was no prejudicial error.
Other contentions by some or all of the defendants as to production of corporate documents, that the trial judge was guilty of misconduct, as to Government counsel’s comments in arguing to the jury, and that certain instructions were erroneous, all have been carefully considered. We find no error therein. Each claim of error by counsel for defendants has been carefully considered and all such claims of error are hereby denied.
The judgments of conviction in each of the appeals, Nos. 14892, 14893, 14894, 14895, 14896, 14897 and 14898 are Affirmed.