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The Verdict / 165
seeing them together. Her last-minute appearance enhanced the dramatic effect on the jury and deprived the defense of time to prepare for a proper cross-examination.
The second motion stated that Prosecutor Murphy's remarks during his opening and closing statements were unfair and prejudicial to Hiss.
Defense Motion No. 2:
In his opening statement the prosecutor said that the grand jury had not believed Hiss and had indicted him. This statement was prejudicial, for it planted the idea that the grand jury thought Hiss was guilty. An indictment is not proof that someone is guilty. Guilt or lack of guilt is decided by a jury.
The prosecutor misled the jury during his closing statement when he repeated the statement that the defendant had lied to the grand jury and that the grand jury believed Chambers.
The prosecutor played upon the prejudices of the times. He exploited the fear of communism. In his closing he said that Hiss had used "standard Communist party practice. Accuse the other guy, accuse the judge, accuse everybody." He used this same unfair tactic when he took the defense's statement that certain FBI practices were "overzealous" and said: "This is open season on the FBI. Everybody is taking
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