Democratic Club Considers Civil Action Against Curry

A seemingly dead political fend which split University Democrats last fall revived this week as the Young Democratic Club sought to open a suit to regain club funds from former treasurer, James C. Curry '52 1L.

An attempt before vacation to bring civil suit against Curry was sidetracked when a Cambridge Clerk of Courts mistakenly initiated criminal proceedings. The Democratic Club called a halt to all action on the criminal case which it insists was "an error from beginning to end."

Club officials, however, are still strongly considering a second attempt to begin civil proceedings. Their decision will be based on what they feel the chances are of regaining the $57.08 which they claim Curry used without the necessary authorization from the president.

Curry, one of the leaders of the splinter group which split off from the Young Democrats last October, yesterday told the CRIMSON he did not think the Democrats were serious about going through with the suit. He said he was sure the club had finished "blowing off steam" about what he termed that "rather old, stale joke." Curry added that "those irresponsible fools couldn't possibly win a civil suit."

Won't Pull Punches

He warned, however, that if the Democrats did go through with the suit he wouldn't pull any punches" in defending himself and would use "every legal means" to see he wins the case. He pointed out that he could, if he wished, use the Democrats for both libel and malicious prosecution."

Curry insisted a suit for "malicious prosecution" would be in order because the Democrats, contrary to their statement, "knew exactly what they were Going in initiating criminal proceedings."

The Democrats insist, however, that the criminal action was none of their doing and resulted only from a mistake by the clerk of courts.

"There is not now, nor was there ever, an intention of bringing criminal proceedings. Our aim is only to get the money back," Theodore L. Kesselman '54 said yesterday. He added it would be ridiculous for them to try to start criminal action because they could not hope to gain the money except in a civil suit.

Kesselman Explains

Kesselman yesterday gave the CRIMSON the Democratic Club's explanation of how the criminal proceedings mistakenly got started.

He said the club originally felt it could again the money as a result of hearings held on the case by College and Law School Deans and the Law School Administrative Board.

When no action on the money was taken by either of these groups, the club decided to start legal action itself. Kes- selman said that the club was given legal advice that it could regain the money by filing a claim with the Small Claims Court.

In late March, Kesselman and another member of the club appeared before a Cambridge Clerk of Courts in order to file such a claim. They were told by her that the case appeared to be one of either "embezzlement or larceny" and thus a criminal action was necessary.

Kesselman says that the clerk referred them to a clerk of the criminal court who said he also was unsure whether the case was a criminal or civil one. He said he would study the situation and let Kesselman know before he took any action.

Club officials next heard of the case when former president Stanley E. Tobin '53 met Curry the day before vacation and Curry showed him a letter he had received from the clerk asking him to appear for a criminal hearing last Thursday.

Realizing that the clerk must have failed to get in touch with Kesselman, Tobin advised club officials to call off all criminal proceedings. This was quickly done.

At the present time the case is not in front of any court and it has been taken off the record of the clerk of the criminal court.

A crucial point in deciding whether or not the club should go through with the civil suit is whether or not the case can be tried in Small Claims Court where there will be little expense for the club. Ordinarily only claims of $50 or less can be considered in this court, but the Democrats feel they may be able to file three claims for $19 apiece since Curry drew three checks of that size for an add in the CRIMSON, beer, and a splinter group publication