Sharhelders of the alumni-controlled Massachusetts Telecasters, Inc., were reluctant to comment last night on what effect evidence that John Fox '29 may not actually own the Boston Post might have on their case to gain control of the still-unassigned channel five. The Post is one of four organizations battling the alumni group for the television channel.

Attorneys for other applicants questioned the legality of Fox's ownership of the Post at Washington hearings before an ICC examiner Monday. They cross-examined the Boston publisher about his right to control Post stock, and the recent financial condition of the paper.

James A. McKenna, counsel for the Massachusetts Telecasters, said last right that he could not comment on the results of Fox's testimony until all the evidence was in. "I can say it hasn't hurt our case any," he added.

Fox stated Monday that he was president and sole stockholder of the Post Publishing Company, which he bought from the trustees of the Grozier estate on Sept. 3, 1952, but that the stock was being held in escrow by the payment should be made. He claimed full voting control of the stock, however.

sale and escrow documents brought before the hearing yesterday afternoon showed that the publishing company had been in default in its payments to the Grozier estate since April 28, 1953, although Fox had said Monday that he had never received notice of any defaulted payments from the bank.

McKenna pointed out that although the contract had been brought as evidence, there was still some legal question as to what they meant. It would certainly be arguable that Fox had no right to vote the Post stock," he commented.

Most of alumni and faculty shareholders in Massachusetts Bay Telecasters contacted last night said they were not up to date on the hearings, and could not judve what influence the new evidence might have on their case. The Herald-Traveler Co., The Greater Boston Television Corp., and Dumont are also contesting the control of channel five.

The Massachusetts Bay Telecasters was set up by 45 alumni and a number of other prominent Bostonians last spring, with a view to providing better educational TV programs.