 Landis, however, examined the transcript of the trial in which the statement was supposedly made, failed to find it, declared the affidavit in support of the motion "perjurious", and denied the motion.While the jury was being selected, Berger was indicted on additional espionage charges for supposedly violating the law during an earlier, unsuccessful political campaign.At the conclusion of the case, Landis took an hour to dramatically charge the jury, emphasizing the secretive nature of conspiracies and pointing at the jury box as he noted, "the country was then at war".