(dissenting).
This dissent is based on two independent grounds. First, I do not believe that the Government introduced evidence sufficient to convict Battaglia and Evans of the crime charged against them. Second, although my views on the sufficiency of the evidence would dictate a reversal without remand, a multitude of prejudicial errors occurred which in combination, if not singly, precluded the defendants from receiving a fair trial. Consequently, on the basis of these trial errors, the case should be remanded for a new trial regardless of the insufficiency of the evidence.
I.
SUFFICIENCY OF THE EVIDENCE
Accepting the evidence in the light most favorable to the Government, the evidence unquestionably showed that Amabile, Pranno, DiVito, Evans, and LaKey devised and executed a scheme to defraud the Riley Management Corporation by using the Carlson Construction & Equipment Company as a facade so that moneys meant for construction purposes could be diverted to those participating in the scheme. But this scheme was not the one charged in the indictment. The evidence also unquestionably showed that Amabile threatened Riley for the purpose of obtaining money. The record is barren, however, of any evidence, direct or circumstantial, to sustain the charge that Battaglia and Evans conspired with Amabile “to obstruct, delay and affect commerce” in the movement of materials for the construction of the Riley dwelling units by means of extortion.
In early 1964, the Riley Management Corporation began planning the construction of an apartment building at Lansing, Illinois. In June of that year, William Riley, president of the Riley company, requested his construction superintendent, Dave Evans, to start lining up contractors for the Lansing project, but asked Evans to keep the project “secret from Joe Shine [Amabile] and Nick Palermo.” A few days later Riley, at Ama-bile’s request, met Amabile and Palermo at the latter’s Melrose Park plumbing company office. Riley testified concerning this meeting:
Nick Palermo asked me if I was going to build a project in Lansing, Illinois. I told Mr. Palermo that I was and Mr. Palermo asked me when he was going to get the blueprints so that he could figure the work. I told Mr. Palermo that I did not plan on giving him the work. I told Mr. Palermo that he was behind on his existing projects and with the efficiency that we were now enjoying, it was ridiculous to give him this project.
*319Joe Shine told me that I wasn’t going to give it to anyone else other than them and they asked me basically what the hell I was trying to pull, * * *
-X- * -X- * * 45-
Joe Shine told me that if I didn’t give them the work in Lansing, that he would stop the project in Northlake and in Westmont, Illinois. They told me that I had to use them, that if I didn’t use them, that they would put me out of business. I told Nick and Joe that they were now in the process of putting me out of business, the way they were doing it. I was told not to be a smart punk.
Joe Shine told me I shouldn’t be a wise guy. Joe Shine told me he knew how to handle wise guys and that I would be walking the streets with a candy cane.
-X* *X' -Jr -ir ■X vr
Joe Shine told me he knew where my mother lived. He would — he told me that he knew where my kids went to school and they had a baseball bat to handle wise guys like me.
After this meeting, Riley gave Palermo the plumbing contract for the Lansing project.
In late July or early August 1964, Amabile met Mike DiVito, a sewer contractor, and Rocco Pranno in the latter’s D’Or Supper Club in Stone Park, Illinois. Upon learning from Amabile about the Riley project in Lansing, DiVito asked if he could obtain some of the sewer work. Amabile said “it was possible,” but that he didn’t want DiVito’s name on the contract. A few days later Amabile told DiVito and Pranno that if they came up with “a good clean fellow,” they could get the sewer contract for the Lansing project. Shortly after this conversation, DiVito and Pranno persuaded Henry LaKey (who had been a foreman on sewer construction jobs) to work for them if they succeeded in getting the Lansing contract.
In mid-September, DiVito, Pranno, Evans, and Amabile met in the latter’s apartment in Northlake, Illinois. Pran-no told Amabile that he and DiVito “had a fellow to do the work for us called Hank LaKey and that he was clean.” Amabile replied, “Okay, that’s fine * * * [but] before I give you this job, I want $20,000 in cash.”
During this period, DiVito and Pranno hired LaKey to work for them for $200 per week plus a ten per cent bonus upon completion of the job. They told LaKey they were starting a “new corporation” to be called the Carlson Construction & Equipment Corporation and they would like to have him put “on the paper as president” of the company. In contemplation of giving the sewer work to Di-Vito and Pranno, Evans apparently drafted a written contract to be signed by Carlson Construction. The contract that Evans originally drew up, however, was unsatisfactory to DiVito and Pranno because they had decided, after looking over the plans, that there would be insufficient proceeds from the job to pay Ama-bile the twenty-thousand dollars he had demanded “off the top.” At this point, Amabile told Evans to figure a way to get more money out of the job. Evans rewrote the contract raising the price approximately forty to forty-five thousand dollars. After looking at the plans and specifications and seeing the high price of the job pursuant to the rewritten contract, DiVito informed Pranno that “there would be $20,000 in cash above our costs and profits.” Pranno then told Amabile in the presence of DiVito and Evans that he would give him the twenty thousand dollars. Amabile replied “Okay, it’s a deal.” In accordance with their previous discussion, Pranno, DiVito, and LaKey formed the Carlson Construction & Equipment Company. DiVito and Pranno each received forty-five per cent of the stock and LaKey the remaining ten per cent.
Sometime in September, Riley asked Evans whether he had lined up a sewer contractor. Evans said that he had obtained an excellent contractor, Carlson Construction, operated by a man named LaKey. Evans told Riley that he “had looked into Carlson Construction’s repu*320tation, it was excellent, and * * * [he] felt quite confident that this man could do a good job.” Carlson Construction was given the contract under an arrangement whereby Lawn Savings & Loan Association was to pay Carlson upon receipt of payment slips issued by the Riley company. Carlson Construction commenced the sewer work in September or October, 1964.
Early in November, Amabile instructed LaKey to get the necessary papers ready for making the first “draw.” After preparing the papers, LaKey went to see Amabile at the El Morocco, a night club operated by Amabile in Northlake, Illinois. LaKey testified: “Joe Shine [Ama-bile] asked me how much the draw was for. I told him $57,000. * * * Joe Shine said he would get a hold of Dave Evans and straighten this out.” Within a day or two, LaKey and Amabile went to see Evans, who was a patient in Illinois Masonic Hospital. Before they saw Evans, Amabile told LaKey that Evans was going to receive $5,000 as his cut, not $7,500 as originally planned. At the meeting, Amabile gave Evans a “wad of bills.” Evans then looked over the papers for the first draw and crossed out a number of items. After the papers had been retyped, reflecting a reduction of $10,000 in the draw, Evans approved the papers and told LaKey to take them to Riley’s office. On November 12, LaKey received a check for $47,517.97 from Lawn Savings & Loan Association based on a pay-out slip approved by Sol Meltzer, Riley’s comptroller. LaKey deposited $39,000 in the Carlson Construction payroll account. Of the remaining $8,517, LaKey retained $517 and gave Pranno $8,000. Three days later, at Amabile’s direction, LaKey withdrew $20,000 in cash from the Carlson Construction account which he gave to Amabile.
In January 1965, Amabile told LaKey to prepare the papers for a second draw. LaKey got the papers ready and showed them to Amabile who asked how much the draw was for. LaKey replied, “$60,-000.” Amabile thought that this figure was too high, saying, “I don’t want that kind of money taken out of the account at this time. * * * I will tell you what to draw.” He also said that he would straighten it out with Evans. That same day, Evans reduced the figure to $48,000 and, after approving the papers, told LaKey to present them to Meltzer for the payment slip. When LaKey presented the papers covering the second draw for approval, Meltzer refused to authorize the request.
LaKey immediately went to see Ama-bile, relating in Evans’ presence what had happened. At Amabile’s instruction, Evans and LaKey went to see Riley the next day. Pursuant to Evans’ request, however, they entered the office separately. When LaKey told Riley that he was there to get the second draw, Riley replied that Carlson Construction’s bills were not being paid, and that he would authorize a payment only when LaKey had satisfied these obligations. During the conversation, LaKey told Riley that the cost of the job had gone up from $120,000 to $200,000. When Riley asked Evans to explain why the price had been increased, Evans told Riley, “There’s complications set in on the job and we had to raise the price up to get the job done.”
LaKey reported to Amabile that Riley had refused to authorize the second draw. Amabile replied: “You be here tomorrow morning. I’ll personally go with you to the office myself. I’ll get this straightened out once and for all.” The next morning LaKey and Amabile arrived at Riley’s office and walked in unannounced. Amabile asked Riley why he did not pay LaKey. Riley said he couldn’t authorize the draw until LaKey had paid his bills. Amabile then told Riley: “I don’t care nothing about that. The man’s got his money coming, Bill, I want you to pay his money.” At that point, Ama-bile and Riley went to the back of the office and commenced a conversation during which LaKey “seen a lot of arms moving by Joe Shine,” who was doing most of the talking. Then Amabile walked towards LaKey, gave him a wink, laughed, and said, “You’ll get your money *321now.” Before leaving, Amabile turned to Riley and said: “Don’t forget, Bill, I want you to pay this man. I want you to pay him now. You know what I mean.” On the way back to the El Morocco, La-Key asked Amabile how he was able to tell “a big man like Riley” what to do. Amabile put up his fist and said, “I got this son of a bitch right here, * * * He’s afraid of me.”
On the witness stand, Riley gave this version of the meeting:
Mr. Shine told me that I had to pay this man, that this man was a friend of theirs; that I was expected to pay them; that if I didn’t pay them all sorts of people would get mad.
I told Joe that it would be foolish for me to make this payment; that they were just pushing this company to ruination; that it just was absolutely ridiculous to pay this man and that I did not want to pay him.
******
Mr. Shine told me that I had no choice on this matter; that I had to pay this man; that the man wanted him. paid.
I told him that this was silly. I had a big loan pending with Equitable Life and this thing would, it could destroy everything that we were trying to build up. I told him that, in fact I begged him not to have to pay him. He told me that I had to pay him.
* * * * * *
He told me the man said I had to pay him and he told me if I didn’t pay him there would be all sorts of trouble, and there was no sense in me making this trouble for myself so I better pay him because he was a friend of theirs.
Riley further testified that he subsequently authorized the payment because he was afraid; that he had been subjected to previous threats of physical harm to his family and his employees and ruination of his company by Amabile and Nick Palermo. Shortly after this meeting, LaKey deposited a $48,512.48 check, received from Meltzer, in the Carlson Construction bank account. Later Amabile told LaKey to withdraw $17,000 from the account. Of this amount, Ama-bile gave LaKey $5,000; LaKey in turn gave Evans $1,000.
A close analysis of the evidence in this, case is essential to determine whether the Government proved the crime charged. The precise charge was a conspiracy to extort money from Riley. The gist of the crime of conspiracy is an agreement between two or more people, rather than the resultant action undertaken pursuant to the agreement. Since the agreement is the gist of the crime, the agreement itself must be proved either by direct or circumstantial evidence. If circumstantial, the circumstances must be such as to warrant the jury in finding that the alleged conspirators had “some unity of purpose, some common design and undertaking, some meeting of minds in an unlawful arrangement * * Shannabarger v. United States, 99 F.2d 957, 961 (8th Cir. 1938).
The conspiracy charged in this case was allegedly aimed at obstructing and delaying the interstate movement of materials and supplies required for Riley’s Lansing project. That obstruction and delay was to result from the extortion of $48,500 from the Riley Management Corporation by engendering fear of bodily and economic injury in William Riley.
There is a substantial question concerning the admissibility of many statements testified to by DiVito, LaKey, and Riley, which were neither relevant to the crime charged nor binding on absent alleged coconspirators. Assuming for the sake of argument, however, that all their testimony was relevant and admissible, I still do not believe that the evidence shows either that Evans agreed with Amabile and Pranno or that Battaglia agreed with Amabile and Pranno to commit the extortion charged in the indictment.2
*322The evidence with regard to Evans shows that the only agreement or “common design and undertaking” to which he was party was one to bilk the Riley company by means of fraud and deceit out of money earmarked for the Lansing job. Consistent with a scheme to defraud, DiYito and Pranno kept in the background, Amabile expressly ordering DiVito to stay off the job. A “good, clean fellow,” LaKey, was recruited to act through the facade of Carlson Construction. There was constant effort among the conspirators to make sure that Riley was kept in the dark about Ama-bile’s connection with Carlson Construction. Both draws were misrepresented to Riley as being legitimate expenditures. All these facts, as well as many others in the record, are indicia of fraud rather than extortion. Fraud is marked by misrepresentation, deception, and deceit. Extortion is direct and brutal — the very antithesis of fraud.
The Government argues that the most conclusive direct evidence showing Evans to be a “willing participant” in the conspiracy is a statement made by him to LaKey when LaKey expressed anxiety about paying his bills. Evans said: “I will talk to Joe Shine and Joe Shine will talk to the man. * * * We will see that the money is in the bank for you.” (This statement was made in January 1965, after the first draw and after Ama-bile had gotten his $20,000 “off the top.”) Subsequent to Evans’ statement, arrangements were undertaken for the second draw. Again attempts were made to deceive Riley. Evans decreased the amount of the draw prepared by LaKey. When LaKey failed to get the draw approved, Evans accompanied LaKey to Riley’s office, but by prearrangement they entered the office separately. Evans told Riley on this occasion “there’s complications set in on the job and we had to raise the price up to get the job done.”
The foregoing facts, all involving conduct by Evans occurring after his statement relied on so heavily by the Government, suggest only deceptive conduct on his part, rather than complicity in a scheme to extort. Moreover, these same facts highlight the individual action of Amabile in resorting to extortion. When Amabile realized that the subterfuge was no longer working as it had in the past, he decided to take things in his own hands, and, unknown to the others, unmask the fraud and threaten Riley in order to get an approval of the second draw.3
The Government also argues that the creation of Carlson Construction merely “put a velvet glove on the iron fist with which Amabile and ‘The Man’ had terrorized Riley in the past.” Although past extortion of Riley had been used to obtain contracts, the Government contends that in the present situation, Ama-bile, with Evans’ cooperation, did not have to resort to force to obtain the sewer contract; instead Amabile could wait and exert his pressure to obtain the money obligated by the contract.
In fact, however, this argument reveals the clear import of the evidence in this case — that a fraudulent scheme was practiced on Riley. When Riley flatly refused to approve the second draw even though Evans had tried to persuade him in the other direction by making a bald misrepresentation, Amabile unilaterally, and perhaps spontaneously, reverted to his *323more accustomed role, that of an extortionist. This unilateral action on the part of Amabile cannot be transformed into a prior agreement with Evans and Battaglia to extort as the Government charged in the indictment.4
The slender reed on which the Government depends to demonstrate an agreement to extort between Amabile and Evans is not even present with respect to Battaglia. The evidence touching upon Battaglia’s connection with the crime charged may be summarized as follows. Riley testified that although he had never met Battaglia, he had seen him once in early 1964 in Amabile’s night club. DiVito testified that he saw Bat-taglia talk to Amabile in October of that year in Amabile’s club. LaKey testified that in late November or early December, he was with Amabile at Battaglia’s farm in Pingree Grove, Illinois, where he was introduced as “Hank LaKey running the job for them in Lansing, Illinois.” While there, he heard Battaglia ask Amabile why Evans was “getting that kind of money.” Amabile replied: “I made a deal with the man. The man got us the job. * * * I promised him $7,500, I’ll take care of it.” DiVito testified that in February or March 1965, he went with Pranno to Battaglia’s farm. Amabile came a few minutes later and the three of them awaited Battaglia’s arrival. According to DiVito, Pranno said in Ama-bile’s and Battaglia’s presence, “You know about this Riley deal in Lansing where we got Hank LaKey to set up the company and do the work for us and figure $20,000 in for you?” Battaglia nodded. Pranno and Amabile then argued whether Amabile had taken LaKey away from Pranno. Battaglia interceded by saying: “Cut it out, you fellows. Keep it down.” DiVito further testified:
Then Jim Pranno continued to talk and he says, “You know we had to borrow $5,000 to keep this job in Lansing going and now I can’t find LaKey, and you know there was $20,000 in this deal for you.” Mr. Battaglia nodded, says “Yes.” And then Jim Pranno continued and says, “I want to know what Joe Shine is doing to me. I want you to tell Joe Shine to get that $5,000 from LaKey so that we can pay back this loan,” and Jim Pranno continued on to say that Hank LaKey was a no good s.o.b. Then Mr. Battaglia says, “Well, I don’t think Hank LaKey is such a bad guy, I like him, I like to work with him,” that they had other things coming up, and that they could use him again because he was clean. And after a minute or so, a pause of about a minute, then Mr. Battaglia got up out of his chair and said, “Rocky, I’ll see what I can do for you.”
On this record there is absent any evidence, direct or circumstantial, demonstrating that Battaglia knew that money was to be extorted from Riley or that threats were to be made to Riley by Ama-bile. Nor is there any evidence that *324Riley feared Battaglia or that Battaglia received any of the money extorted from Riley. Finally, there is no evidence that Battaglia agreed with Amabile, Pranno, or Evans to commit the crime charged against them. Yet the Government argues in its brief:
Just as Evans acted at Amabile’s direction, Amabile worked at the direction of the defendant Battaglia. Ama-bile was the muscle while Battaglia was the brains, setting policy and settling disputes. His veil of secrecy was his supposed anonymity, known to a few as “The Man.” When one wanted to see “The Man,” one went to “The Farm.”
From the foregoing evidence a jury could infer that Battaglia had a real interest in the outcome of the Lansing project, that he was participating financially in Carlson Construction’s contract and that all other co-eonspira-tors acted at his direction, directly as with Amabile, or indirectly, as with Evans.
From his own mouth Battaglia admitted knowledge of Evans’ role and that Evans was being paid. Battaglia knew of LaKey’s role and that Carlson Construction had the contract on the Lansing project. He knew that LaKey was being used as a front, because “he was clean.” With Battaglia’s knowledge of the foregoing, the jury could conclude that he was a participant in the conspiracy to place Riley in such a position that when Riley learned that Carlson Construction was in fact Ama-bile and Battaglia, he would authorize payment of the money in the escrow account, not because of the contract, but because he feared Amabile and “The Man.”
These inferences which the Government seeks to draw, some of them non sequiturs, can rise no higher than speculation and surmise.
Much of the Government’s case against Battaglia rests on identifying him as “The Man.” But of the numerous instances of the use of that phrase in the record, many refer not to Battaglia, but rather to LaKey,5 Evans,6 and Amabile.7 Battaglia’s financial stake in the alleged conspiracy to extort is demonstrated, according to the Government, by his two nods and saying “Yes” at the mention of “$20,000 in for you.” Although Battaglia’s responses to the mention of the money indicate that he was not a stranger to the Lansing venture, they are in no way probative of his complicity in a conspiracy to extort. The force of the Government’s argument in this regard is largely diminished by the fact that “the Brains” [Battaglia], who was supposedly “setting policy,” had to be reminded twice by Pranno that he had money coming to him.
Reliance is placed by the majority on two Second Circuit cases, United States v. Andolschek, 142 F.2d 503 (2d Cir. 1944), and United States v. Falcone, 109 F.2d 579 (2d Cir.), aff’d, 311 U.S. 205, 61 S.Ct. 204, 85 L.Ed. 128 (1940). Andol-schek is cited in support of the proposition that “Battaglia had ‘embarked on a criminal venture of indefinite outline’ ” and therefore, “had to ‘take his chances’ as to the methods used by the other co-conspirators.” The full text of the passage, however, is more illuminating:
It is true that a party to a conspiracy need not know the identity, or even the number, of his confederates; when he embarks upon a criminal venture of indefinite outline, he takes his chances *325as to its content and membership, so be it that they fall within the common purposes as he understands them. Nevertheless, he must be aware of those purposes, must accept them and their implications, if he is to be charged with what others may do in execution of them. United States v. Andolschek, supra, 142 F.2d at 507. (Emphasis added.)
And despite the majority’s assertion that the “stringent test of conspiracy liability” set forth in Falcone was met by the Government here, that case condemned guilt by mere association.
There are indeed instances of criminal liability of the same kind, where the law imposes punishment merely because the accused did not forbear to do that from which the wrong was likely to follow; but in prosecutions for conspiracy or abetting, his attitude towards the forbidden undertaking must be more positive. It is not enough that he does not forego a normally lawful activity, of the fruits of which he knows that others will make an unlawful use; he must in some sense promote their venture himself, make it his own, have a stake in its outcome. The distinction is especially important today when so many prosecutors seek to sweep within the drag-net of conspiracy all those who have been associated in any degree whatever with the main offenders. United States v. Falcone, supra, 109 F.2d at 581.
There can be no doubt that Amabile and Battaglia associated together, but, as the court stated in Falcone, a mere association is insufficient evidence of guilt to support a conviction.
II.
TRIAL ERRORS
In urging reversal, Battaglia and Evans point to a number of trial errors which they claim not only unduly prejudiced them, but also prevented them from receiving a fair trial. Contrary to the majority’s disposition of these contentions, I believe that such errors did occur.
Because of my views on the sufficiency of the evidence, however, I do not believe that an extended discussion of the trial errors is either necessary or appropriate. I only refer to them as they reflect upon the conduct of this trial as a whole, the most striking aspect of which was the unfavorable climate in which the proceedings were conducted. Perhaps no single error occurring outside that climate would be sufficient to require a reversal; however, their cumulative effect, as exemplified by the three errors that will be discussed in detail, leads inevitably to the conclusion that the defendants were denied a fair trial.
A. Pre-conspiracy Threats
The indictment charged that a conspiracy among the defendants to violate the Hobbs Act began “in or about July, 1964.” Yet, William Riley, the victim of the alleged extortion, was permitted to testify over objection about threats made to him in 1962 and 1963 by defendants Amabile and Nick Palermo. These threats related to Riley’s proposed building project in Northlake, Illinois and the subsequent payment of $30,000 to Ama-bile. Riley also testified about threats made by Amabile and Palermo in 1963 in regard to plumbing work at a Riley building project in Westmont, Illinois. Palermo on that occasion said he “would bury Hubley,” Riley’s construction superintendent, and Amabile said he “would hammer the nails on the coffin.” Ama-bile made other threats to Riley at that time. Purportedly, this testimony was admitted for the purpose of showing the basis of Riley’s fear of Amabile in January, 1965. There was ample testimony by Riley, however, of threats made by Amabile after the commencement date of the alleged conspiracy.
According to the majority, the testimony of these threats was “relevant to show the reasonableness of Riley’s fear when confronted with Amabile’s demand to authorize the second draw. The District Court carefully instructed the jury that this testimony was limited to that purpose.” Although I agree that proof of the reasonableness of an extortion *326victim’s fear by testimony of prior threats is generally permissible, the testimony of threats made by Palermo, who was not even charged as an unindicted coconspirator, was irrelevant for any purpose. Moreover, I am at a loss to find the “careful instruction” referred to by the majority. Because the testimony of threats by Palermo was both irrelevent and inflammatory, the defendants were prejudiced by the district court’s failure to instruct the jury to disregard that testimony. Cf. United States v. Critchley, 353 F.2d 358 (3rd Cir. 1965).
B. The Accomplice Instruction
The accomplice instruction was improper because the district judge, in his definition of an accomplice, for all practical purposes told the jury that the crime charged had in fact been committed. In so doing, he invaded the province of the jury. This kind of an instruction would be proper in a prosecution where the alleged accomplice admitted his participation in a conceded criminal offense. In that situation, an instruction like the one given here correctly delineates the weight to be accorded the testimony of the accomplice as that testimony tends to implicate others in the crime that has been committed. In the instant case, however, the crucial question was not who the participants of a conceded crime were, but whether a conspiracy to violate the Hobbs Act, the crime charged, had been formed by the alleged conspirators.
Because the instruction did not explicitly leave open the question whether any of the witnesses were accomplices, the jury may reasonably have interpreted the instruction as a direction from the judge that the crime charged had been proved. To avoid this substantial risk of prejudice, the instruction should have been framed so that the jurors were unequivocally informed that they were the sole judges of whether any witness was in fact an accomplice. Such modification would have cured the instruction's vice — the implied assumption that the alleged conspiracy was a proven fact. See Gordon v. United States, 353 F.2d 9 (5th Cir. 1965).
C. Evans’ Character Witnesses
Evans sought to elicit testimony of his good character through four witnesses. Conceding the somewhat inept manner in which this undertaking was attempted by Evans’ counsel, the district judge’s treatment of these efforts was nevertheless unduly restrictive. Throughout the course of defense counsel’s efforts to question the character witnesses, Government counsel interposed objections to all questions directed to an assessment of Evans’ general reputation as an honest, truthful, and law-abiding citizen. On almost every occasion, these objections were indiscriminately advanced by the simple statement, “I object.” With equal regularity, the judge sustained the objections, only rarely intimating the reasons for this action.
At one point, Evans’ counsel obviously frustrated and bewildered, asked the judge to elaborate on his prior statement that “the question is improperly put.” In response, the judge should have either demanded that Government counsel frame his objections in more concrete and specific terms or sustained the objections in a manner to convey to defense counsel the reason for his rulings. His failure to do so worked an unnecessary and prejudicial hardship on Evans’ counsel's efforts to elicit character testimony from his witnesses.
In addition, some of the court’s rulings sustaining the Government’s objections were erroneous. On more than one occasion, a foundation was laid to qualify the witness, and the question posed to the witness was properly phrased. The apparent basis for the rulings sustaining the Government’s objections to these particular questions was that the testimony sought related to Evans’ reputation in the business community rather than his reputation in the community where he lived. The majority relied on this distinction, stating, “[N]o foundation was laid to show that these witnesses knew *327any of the people who lived in the community where Evans resided.”
Reputation in the business community, however, is no less probative than reputation in the residential community to show the absence or presence of certain character traits in an accused. In this regard, Professor McCormick’s observation is apposite:
The reputation is usually said to be limited to that which obtained in the community where the accused lived, but this should be extended to embrace any considerable group with whom he constantly associated in his business, work, or other continued activity, and who might reasonably be thought to have a collective opinion about him. C. McCormick, Handbook of the Law of Evidence § 158, at 335 (1954).
See also Whiting v. United States, 296 F.2d 512, 517 (1st Cir. 1961). Because the crime charged against Evans had a business setting, the most probative character evidence was kept from the jury by the court’s rulings. These rulings were erroneous. They were also prejudicial. For as the Supreme Court said in Michelson v. United States, 335 U.S. 469, 476, 69 S.Ct. 213, 219, 93 L.Ed. 168 (1948), “This privilege [of presenting character testimony] is sometimes valuable to a defendant for * * * such testimony alone, * * * may be enough to raise a reasonable doubt of guilt * *
III.
Instead of the traditional presumption of innocence with which criminal defendants are ordinarily clothed, the record in this case suggests that a presumption of criminality attached to the acts of these defendants because of their infamous reputations and notoriety. The defendants may have been guilty of nefarious conduct for which they deserve imprisonment, or they may have had such bad reputations as to be considered menaces to society. Such facts alone, however, cannot warrant a blinding of eyes, permitting a conviction to stand that is based on surmise rather than evidence. This kind of difficulty is present in this case because the charge on which the defendants were convicted and imprisoned, an agreement to extort money, was not sustained by the evidence. No person should be punished under our criminal laws unless he has been proved guilty of a specific offense by competent evidence in a fair trial. Due process of law demands nothing less.
. There was no proof that Evans and Bat-taglia had any connection with each other except through common acquaintance with Amabile, DiVito, Pranno, and LaKey.
. This use of the phrase “the man,” like some of its other uses, (See infra notes 5-7 and accompanying text) fails to identify the person being referred to. The majority recognizes that in this instance the phrase could refer to either Battaglia or Riley. Yet they conclude by implication that Evans was referring to Riley, stating, “The jury could properly infer that Evans knew Amabile would induce Riley — through fear — to authorize the second draw.” If he was instead referring to Battaglia, the most damaging aspect of the Government’s case against Evans is neutralized. Because the phrase “the man” is so indefinite and ambiguous, only speculation and surmise could supply the purport of a reference to Battaglia. But .the same speculation and surmise is necessary to support the majority’s rationale that the statement reflected Evans’ awareness that Amabile was going to exercise extortion on Riley.
. The record indicates that prior to the second draw Evans told LaKey that the only contracts Evans would “let out here [Lansing] are the ones Joe Shine tells me.” Evans’ deep involvement with Ama-bile is further indicated by a statement Evans made to LaKey after the second draw when he said: “I can’t get out. I am too deep with Joe Shine. I know too much about the other people.” The day before this conversation, LaKey had been called back from Florida to a meeting attended by Amabile and Evans. LaKey described what took place:
I got in a conversation with Joe Shine first as soon as I got in the Club, he hollered and told me, he said, “You’re not paying the bills, you’re not taking care of the job. You got me in trouble with Riley. Riley’s in trouble. You’re making Dave Evans lose his job. You’re taking my man right out of Riley’s. I don’t know what is going on. You are causing nothing but trouble.”
In sum, although this testimony confirms Evans’ association with Amabile, it just as strongly suggests that their association was in furtherance of a scheme, to defraud. At the time of the meeting testified to by LaKey, Evans was unaware that Amabile had committed extortion upon Riley to obtain the. second draw. The only inference that can properly be drawn from LaKey’s testimony, therefore, was that Amabile was attempting to keep the ruse going by conveying the impression to Evans that the scheme to defraud was still in operation.
. When Amabile went to see Riley concerning the second draw, Amabile said, “The man’s got his money coming, Bill, I want you to pay his money.” (Emphasis added.)
. When LaKey and Amabile were going to visit Evans in the hospital, LaKey said, “Joe, the deal was for $7,500 for the man.’’ (Emphasis added.)
. When Riley first met Amabile and Palermo in April 1962, Riley testified, “Mr. Shine who I had just met struck his face in my face and told me he was the man in Northlake.” (Emphasis added.)