He instructed the jury that the prosecution was not required to prove that the danger of violence was "clear and present"; instead, the jury should consider if the defendants had advocated communist policy as a "rule or principle of action" with the intention of inciting overthrow by violence "as speedily as circumstances would permit".[70] This instruction was in response to the defendants, who endorsed the "clear and present danger" test, yet that test was not adopted as law by the Supreme Court.[2] The judge's instructions included the phrase "I find as a matter of law that there is sufficient danger of a substantive evil ..." which would later be challenged by the defense during their appeals.[70] After deliberating for seven and one-half hours, the jury returned guilty verdicts against all eleven defendants.[72] The judge sentenced ten defendants to five years and a $10,000 fine each ($105,301 in 2018 dollars[73]).