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Lawyers Present Final Arguments In Furry, Kamin Indictments Today

Counsels to Stress Points from Briefs

Defense and government lawyers will present their final arguments on the indictments of Wendell H. Furry, associate professor of Physics, and Leon J. Kamin '49, former research assistant in Social Relations, in Federal Court this morning before Judge Bailey Aldrich '28. The hearing will begin at 10:30.

When the attorneys have finished, Judge Aldrich must decide whether the indictments for contempt of Congress returned against the two in December are legally valid and can serve as a basis for trial.

Today's oral arguments end some three and a half months of preparation by both sides in a preliminary battle over the indictments.

Speaking alone for the government will be assistant U.S. attorney James P. Lynch. He has been given a total of an hour for arguments and rebuttal.

The defense, with an hour and a half in which to speak, will be represented by Furry's attorney, Gerald A. Berlin, and by Kamin's lawyers, Calvin P. Bartlett and John L. Saltonstall, Jr. '38.

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The two sides will attempt to emphasize for the judge the points they have already made in their briefs. Although little new material is generally submitted, however, the speeches do not represent a repetition, but an attempt at highlighting what each side considers important and at rebutting the other's contentions.

Possible Developments

After today's hearings, several possible developments loom:

1) Judge Aldrich may rule immediately from the bench on the indictments. More likely, however, he will take the case under advisement with a ruling expected within a week or ten days, although some judges, faced with similar issues, have taken much longer.

2) In his decision, Judge Aldrich may overrule all or some of the ten counts against Furry and the six against Kamin. Should he do so, the government may appeal immediately to the Circuit Court for a reversal.

3) Should he sustain the indictments, Judge Aldrich will move to set a trial date as soon as possible. June or September have been mentioned as possible times for the trial, which might last only a day or two.

4) The defense keeps the right to appeal any guilty verdict.

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