NEW YORK (May. 10)
Charges against two of the 16 defendants in the seditious conspiracy trial in Brooklyn Federal Court were dismissed today by Judge Marcus B. Campbell on defense counsel’s motions. Those released are George Kelly, 24, and Edward Walsh, 23. Judge Campbell made the announcement after listening to arguments on the motions, which followed the resting of the Government’s case yesterday.
Replying to an argument by counsel for Defendant John T. Prout Jr. that the defendants had merely discussed the overthrow of the Communists if they gained control of the Government, Judge Campbell said: “You may overthrow a Government by direct or indirect action, but you must remember the defendant William Gerald Bishop said in his statement that the scheme was to incite the Communists to revolt and then take over the Government. It has the same effect as a direct action. It’s overthrowing the Government, no matter what the forces employed are.”
This afternoon the defense case began its case, with Captain Prout as the first witness.