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Judge Bailey Aldrich '28 will reach "some kind of a decision" today on two counts of the contempt of Congress indictment against Leon J. Kamin '48.
The two counts charge Kamin with refusing to tell whether he knew "anyone at Harvard or connected with Harvard" who was also a Communist.
Aldrich announced his impending action yesterday during the arguments of prosecuting attorney John M. Harrington, Jr, '43, on the pertinency of the questions on which the two counts are based.
At the same time, he refused to hear defense arguments on throwing out the entire indictment. Even if he had "serious doubts" about the validity of the government's case, he said, he would defer a ruling until "all the evidence" had been presented.
Kamin's lawyers had said they were prepared to argue their motion for judgment of acquittal, which they presented Monday, after the prosecution had rested its case.
The defense will now "in all probability proceed with some part of its case" tomorrow morning as scheduled, defense counsel Calvin P. Bartlett said after the decision. He could not say, however, what witnesses or evidence would open the defense case.
Argument on Counts
Harrington argued yesterday that the two counts were pertinent because trial evidence proved that Kamin had worked in a defense project, that he was a Communist, that he knew several Communists at the University, and that the University had defense contracts.
Aldrich countered by saying it seemed to him that the question itself, and not the identity of the witness, counted in determining pertinency. "Isn't it true that if it was appropriate to ask Kamin the question, then it was appropriate to ask anyone?" he asked.
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