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NY 100-81752 to Judge DIMOCK that he had found no evidence of contempt of ecurt in connection with th: possible disclosure of the subject of a closed hearing waich was held on June 30, 1952 in Judge DIMOC:'S chambers. BICKFORD was appointed on July 9; 1952 by Judge DIMOCK to conduct th: investigation into a possible contempt of court. Gn December 15, 1952, Judge DIMOCK announced that he had taken judicial notice that "e clear and present danger exists." On December 17, 1952, Defense Counsel McTERNAN moved for a mistrial on the basis of interference with the jury, and pointed out that Mrs. JULIa VAN DEWNOOT, 25 East 77 Street, New York City, had testified that Juror Number 12, Mrs. SYBIL KANE, had told Mrs. VAN DERNOOT that all jurors had concluded that Marxism was evil and the defendants were guilty. MNcTERNAN claimed that a fair trial was impossible. On the same date, the jury was polled by Judge DIMOCK and all jurors denied having expressed any belief that Marxism advocated the overtnrow of the Government, or of having heard Mrs. KANE express any conclusion as to the trial issues. Judge DIMOCK denied defendants' motion for a mistrial, but excused hrs. KANE from service on the jury, stating thet he felt defendants were entitled to have even the suspicion of pre- judice reaoved, On December 18, 1952, Defcnse Counsel KAUFMAN made application for furthcr investigation of the jurors on the basis of an affidavit of irs. KAUFMAN to the effect that Mrs. SYBIL KANE had telepnonically informed KAUFMAN that all but one or twee jurors had expressed opinions on the case; that at least four had strong views adverse to the defendants; that others head expressed the same views, but not so strongly; and that KANE would identify the jurors in question to the Court, The ap- plication was denied. Dseferidents! motion for a mistrial was renewed and denied. Alternate Juror Miss ANN. L, BILLER was assignsad as Juror Number le. . eee Fe RR er SO A A A