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NY 100-81752 On December 19, 1952, Judge DIMOCK denied defendants! motions for @ judgement of acquittal, for further investigation of the jurors, and for a mistrial. On Januery 5, 1953, Judge DIMOCK denied a hearing on defendants! offer of proof on the issue of clear and present danger. dudge DIMOCK also denied a hearing requested by defendants on the issue of the unconstitutionality of the Smith act. Defendants' summations to the jury were begun on January 5, 1953 and were completed on January 13, 1953. ihe Government's summation was made by Special Assistant to the United States attorney DAVID L. MARKS on Januery 13 through January 15, 1953. On January 14, 1953, dudre DINOCK denied defendants! motion for mistrial on the ground of inflammatory references in the Government's summation with respect to current events in the Soviet Union, Defense Counsel meTuev.k having claimed that MARKS had identified defendants with rewspaper reports of alleged anti-Semitism in the Union of Soviet Socialist Republics. Judge DIMOCK also denied defendants' motion for a mistrial on the grounds that the Government summation mis-stated the record when Special Assistant to the United States Attorney MARKS said that defendant CHARNEY'S militery record did not disclose his true employment, listing him only as an “organizer,” On January 15, 1953, Judge DIMOCK charged the jury and defendants filed objection to the charge. The case was submitted to the jury on January 15, 1953, which deliberated until January 21, 1953, 7m which date a verdict of guilty as charged was returned against all defendants. All defendants were remanded to the custody of the United States marshal. 7. ty oe % time On January 30, 1953, Judge DIMOCK denied defendants! motions for an order arresting judgment on the ground that the indictment was deficient, and for a judgment of acquittal or, in the alternative, for an order granting a new trial. aie er a =~ 34 - Re rr ge a SE A Re a