Hearings Finish On Spock Case In Boston Court

Lawyers for Dr. Benjamin Spock and four co-defendents charged with illegal activities against the draft continued their attempt yesterday to have the conspiracy indictment against the men dismissed.

Preliminary hearings in the case closed shortly after noon in U.S. District Court. Judge Francis J. W. Ford will announce his rulings on the motions of the defense within the next few days.

The defense attorneys, who have maintained that the indictment is too vague to stand, called on the Government yesterday to produce a bill of particulars listing other alleged co-conspirators and conspiratorial acts.

In reply to a request by Leonard Boudin, Spock's attorney, for more particulars, assistant U.S. attorney John Wall told the court: "All Mr. Boudin has to do is go to the Bureau of the Census and ask for the name of every male person between 18 and 35, and he'll know who's been counselled" to break Selective Service laws.

Statute Too Broad

Boudin and other defense attorneys claimed that Wall's words were a virtual admission that both the indictment and the statute allegedly violated were too broad.

"The word 'counsel' as used in the statute is so broad as to suppress all discussion of the draft in this country," said William P. Homans Jr., lawyer for Michael K. Ferber 2G, another of the defendants.

The defendents' participation in a demonstration at the Arlington St. Church on Oct. 16 and in a demonstration four days later in which draft cards collected in Boston were turned in to the Justice Department are included as specific charges in the Government's case.