the said enemies and which were knowingly and traitorously committed by the defendant with treasonable intent to adhere to and give aid and comfort to said enemies. Thirteen of these overt acts were withdrawn from consideration, some by the United States and others by the district judge, so that ten were submitted to the jury as possible acts of treason. Generally described, one of these overt acts was arranging for the making of a recording, two were speaking into a microphone in the actual recording of talks for broadcast, one was participation in a conference for improvement in the operation of the Short Wave Station, two were attendance and participation in conferences of radio commentators at which directives were received from higher authority relative to the content ofbroadcasts, four were participation in conferences aimed at securing the resumption or continuance of defendant's broadcasting activities.
The offense charged was similar to that on which "Lord Haw Haw" was convicted. Rex v. Joyce, 173 L.T. 377 (1945), aff'd sub nom. Joyce v. Director of Public Prosecutions, [1946] A.C. 347.
After arraignment, the court conducted a preliminary hearing to determine the mental capacity of the defendant to understand the nature of the proceedings against him and to aid rationally in the conduct of his defense, and found that he had such capacity. Various preliminary motions were made by defense counsel and disposed of by the court. The jury trial commenced on June 6, 1947, and lasted three weeks. The Government offered the testimony of some thirty witnesses and numerous exhibits.