Mr. VELDE. At the time that you received your citizenship in the court, United States district court, were you engaged in any Communist Party activities? Mr. WESTMAN. I decline to answer that question for the same reasons that I have given before. Mr. MOULDER. Have you, to your own best knowledge and information, ever committed any act, a subversive act or one of un-American conduct against the United States of America? (The witness confers with his counsel.) Mr. WESTMAN. Well, sir, under the fifth amendment, I must decline to answer that question, and I also know that this committee knows that I have not been engaged in such activities. I am sure that this committee knows that. Mr. VELDE. As a member of the committee, I certainly do not know that you have not been engaged in subversive activities. Mr. MOULDER. It seems to me you now have an opportunity to tell the committee that you have not been engaged in subversive activities. (The witness confers with his counsel.) Mr. WESTMAN. I still decline to answer the question under the fifth amendment because I do not consider this an opportunity. Mr. MOULDER. You say you served in the Armed Forces for a period of how long? Mr. WESTMAN. Approximately 6 or 7 months. Mr. MOULDER. And why were you discharged? Mr. WESTMAN. That was because I was over 40. Mr. MOULDER. What was the extent of your services in the Armed Forces? Were you in combat service? Mr. WESTMAN. No. Mr. MOULDER. Are there any further questions? Mr. TAVENNER. No, sir. Mr. MOULDER. Mr. Velde? Mr. VELDE. No questions. Mr. MOULDER. The witness is excused. (Whereupon the witness was excused.) Mr. TAVENNER. Mr. Frank Kerr. Will you come forward? Just have a seat, please. (Mr. Frank Kerr came forward, accompanied by his counsel, Jay G. Sykes.) Mr. TAVENNER. Mr. Chairman, this witness has been subpenaed, and a doctor’s certificate has been given which is wholly inadequate as a medical certificate to show that this gentleman was not in condition to appear here. Counsel was advised to get a doctor and give us a certificate that we thought would mean something. There may have been some confusion about who was to have the examination made, but, regardless of that, it is quite apparent, from observation, that the man is not well, and I don’t feel satisfied in interrogating him under these circumstances unless the witness himself wants to be interrogated. (Mr. Sykes conferred with Mr. Kerr.) Mr. SYKES. He would rather not. Mr. TAVENNER. Under those circumstances I do not feel like insisting on it. Mr. MOULDER. Do you wish the subpena to be continued or remain in full force and effect? Mr. TAVENNER. No, sir. Under the circumstances, I think Mr. Kerr should be dismissed. Mr. MOULDER. The witness is excused. (Whereupon the witness was excused.) Mr. TAVENNER. There are no further witnesses, Mr. Chairman. Mr. MOULDER. The hearing will remain in order.