Evening star., 1949-06-29
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to law school tor six days. but
that was six days too long"
1t was agreed that opposing
counsel would ask the Judge to
allow the jury TO 60 to lunch while
they went to the Justice Depart
ment in an effort to locate copies
Of the disputed reports which both
sides could agree that the jury
might see.
Jury Gets Purse.
The jury also had asked for
the Canadian Blue Book" report
on atomic spy espionage by the
Soviets. This request was denied,
however, because the volume had
never been placed in evidence.
Only two pages were read into
the record by Government coun-
sci during the trial.
In addition to the documents
the jury asked that Miss Coplon' s
purse and everything it contained
at the time she was arrested be
sent to them for examination
Attorneys for both sides agreed
that the jury was entitled to see
the contents of the purse and
a marshal took a handful of OBJ
jects to the jury room, including
a novel, "All Thy Conquests":: an
address book, a small black diary,
q fountain pen, comb and lip
stick.
Before the jury entered the
courtroom, Mr.. Palmer told Judge
Reeves he wanted to argue a mo-
ton for a mistrial. He said that
a headline in an afternoon news
paper yesterday which said Judy
Hated U. s." might have been
seen by the jury and prejudiced
them against the defendant. An
other ground for a mistrial, he
said, was the appeal to passion
and prejudice" in the closing ar
guments of Chief Prosecutor John
M. Kelley, jr.. yesterday. Judge
Reeves curtly denied the motion.
Many Facts Not Disputed.
"There is no substantial dispute
on many of the facts in this case, 4"
Judge Reeves said as he opened
his charge to the jurors after
thanking them for the close at
tention they have paid to the
evidence In the almost 10 weeks
of the trial. 1.-THE defendant did
have in her possession the data
slips mentioned in the evidence
and she was having clandestine
meetings with the Russian ma
tional. Valentine A. Gubitchev.
when you so into the jury
room. and after you have organ
lied by electing one of your men,
bers as your foreman. you will
ask yourself the question: Did
the defendant. Judith Coplon, in
tend to deliver the data slips
sometimes referred TO as docu-
ments. writings and notes. to the
person mentioned in the evi-
dence as Valentine A. Gubitchev?'
Not Hard to Answer.
"If your answer is in the af-
firmative. then your next question
would be whether she intended
or had reason to believe the in
formation contained in such data
slips was to be used to the injury
of the United States and to the
advantage of a foreign country.
This latter question would not
be hard to answer. It cannot be
disputed that such data slips did
contain information relating to or
connected with our national de-
fense. From the evidence in the
case you can easily conclude that
such information could be used to
the advantage of a foreign coun-
try and to the injury Of this
country.
Moreover. If you should find
that it was her purpose to deliver
such data slips to the person
known as Valentine A. Gubitchev,
being a Russian national, then
you will ask yourselves what her
purpose was In delivering such
data slips to him, and to what
use he would put them II not for
use advantageous to Russia, Of
which he was a subject and q
citizen. and to the injury Of the
United States.
Injury Need Not Be Great.
Information concerning the
fact or circumstance that any
citizen of the United States was
inclined to be sympathetic with
the Communist Party would be
useful information to the Russian
government and would corre-
spondingly be injurious to the
United States.
"The law does not say that the
injury must be great and mo-
mentous. or, in like manner, that
the advantage to the foreign
country must be great. However
slight the injury to the United
States and however little the ad-
vantage to a foreign country
would be sufficient.
IF you find the above facts to
exist. then 1t would be your duty
to render a verdict of guilty.
"On the other hand, If you
should find and believe from the
evidence that the defendant took
such data slips for her own per-
sonal use and without any intent
or without any reason to believe
that the information contained
therein was to be used to the in
Jury Of the United States or to
the advantage of a foreign coun-
try. then you would return ver-
dict Of not guilty on the first
count"