MEMBERS or “THE CONSPIRACY” in THE ACT. The five members of the
Conspiracy a are, from left to right, Rennie Davis, David Dellinger, Jerry Rubin,

rrs

SCARLET AND BLACK

Odob r I I“

Lee Weiner and Abbie Hoffman. Missing are Tom Hayden, Hobby Seale, and John
Froines. This photo was taken last spring. (Photo by David Fenton/LNS)

CONSPIRACY TRIAL OPENS IN CHICAGO

By Tom Thomas

with an estimated five thou-
land demonstrators in the
streets, the trial of the Conspir-
Icy Eight began in Chicago
on Wednesday, September 14.
Facing federal charges of
violating the anti-riot provisions
of the 1965 Civil Rights Act are
the leaders of disturbances
during the 1968 Democratic
Convention.

The eight are: David Dellin-
Ker. head of the National Mo-
bilization to End the War in
.Vietnam; Jerry Rubin and
‘Abbie Hoffman of the Yippies;
Bobby Seals, national chair.
man of the Black Panther
Party; Rennie Davis, a founder
of SD , Tom Hayden, author
of the Port Huron statement,
founding manifesto of SDS;
John Frnines,
Oregon professor and early
member of SDS, SNCC, and
CORE; and Lee Weiner, teach-
ing assistant at Northwestem
University and National Mu~
bilization staff member.

in an opening statement, the
prosecution said it would intro-
duce testimony to show that the
defendants conspired to prix
mote rioting and told large
crowds to arm themselves and
to resist police, city officials
and national guardsme

The defense Counter “The
evidence in this case will show
that police embarked on a con-
spiracy of berserk, brutal ac-
tion . . . that the real consp -
ucy in this case was a conspir-
acy to curtail and prevent the
protest against the war in Viet-
nam.”

RALLY HELD

Confrontation began before
presiding District Court Judge
Julius J. Hoffman even reached
the bench. The defendants re-
fused to stand when the judge
ontcred the courtroom Hoffman
promptly ordered a u. so mar—
shal to force them to comply.
Outside the Federal Building,

University of ,

which houses the courtroom,
thousands. of youths milled
about, many having been there
throughout the night. The pro.
testors h e l d a candlelight
march from Lincoln Park to the
sight of the trial and then stay-
ed for an allrnight vigil.

The crowd swelled during the
morning as guorilla theater
groups performed and “wit-
ches" sought to “cxorcire evil
spirits" from the courtroom.
The rally was joined by six of
the defendants during a lunch
recess. Jerry Rubin and Bobby
scale were both held by federal
marshals. Rubin is serving a
45—day sentence on a charge
dating from‘ the Berkeley Free
Speech Movement and Seale is
under indictment on a murder
Conspiracy charge in Connection
with the death of a former
Black Panther.

SDS LEADERS ARRESTED

The rally was disrupted by
two youths wearing swastikas
and by white construction
workers angered at recent
demonstrations by Chicago
black groups seeking jobs in
construction unions. Chicago
golice rapidly arrived and the
emonstrators moved in Grant
Park. At the park there were
minor fights between demons
strators and police, and 19 were
arrested, including four SDS
members. Three other SDS
leaders were arrested on war-
rants the next day. On Friday
(the 26th) three more SDS
members were arrested, bring-
ing due total to ten with total
bail set at $55,000. Cha Cha
Jimenez, leader of the Young
Lords, a militant Puerto Rican
group, was also arrested.

Judge Hoffman began the
trial on Wednesday by issuing
bench warrants for the, arrest
of four defense attorneys after
the prosecutor, U. S. Attorney
Thomas A. Foran called their
absence “so incredibly irres-
ponsible and unprofessional that

it would be unbelievable if one
did nDt take into account some
of their prior acu’ons."

The warrants were issued for
Michael J r Kennedy, Michael E.
Tiger, and Dennis J. Roberts.
all of California, and Joel H.
Lefcourt of New York.

CLAIM HARASSMENT

The team of lawyers who are
defending the Conspiracy Eight
picked a trial counsel team 'to
handle the case The team con-
sists of Charles Garry, Bill
Kunstler, and Lee Weinglass. it
was felt that three rather than
seven lawyers could deal with
the case. Lefwurt, one of the
four for whom warrants were is
sued called the action “an ill
gal form of harassment and inti-
midation against political law-
yers for the purpose of prevent-
ing radical clients from obtain-
ing lawyers who wrll defend
themr”

Tiger, a law professor at
UCLA. was flown to Chicago
In handcuffs Lefcourt voluntar-
ily surrendered and, with Tiger.
was held in the Cook County
jail. Both attorneys were sub-
sequently released on their own
recognizance by the 7th U.S.
Court of Appeals.

The arrest warrants against
the other two attorneys were
quashed by Judge Albert Wol-
lenburg of the U. S. District
Court in San Francisco. Wollen-
burg said the proceedings did
not comply with the law.

On Monday, September 29th,
Judge Hoffman dismissed the
charges against the defense at-
torneys and allowed them to
withdraw from the case.

JURY SELECTED

Earlier in the trial, contro-
versy emerged over the sc.
leciion of jurors on Thursday.
Judge Hoffman refused to allow
either side to directly question
prospective jurors. lnste ad
lawyers were instructed to sub-
mit questions to Hoffman who
then decided whether or not
they should be asked.

Defense attorneys wanted to

h n o w prospective jurors
opinions on the Vietnam war,
long hair, drugs, and the right
of political dissent (one question
was “Can you identify Janis
Joplin?). Huffman refused to
ask any questions dealing with
these areas. Following the sc-
lection of the jury, which con-
sists of two white men and ten
women (two of them black), d9
fense counsel William Kunstler
laid, “We feel the jury has not
been asked a singls relevant
Question."

POSTPONEMENT DENIED

Another blow to the defense
came on Friday when Hoffman
denied a request for postpone-
ment on the grounds that Chiar-
les Garry, one of the defense
lawyers, was seriously ill in
California and could not be pre-
sent in court. Bobby Scale, in
particular, claimed that Garry
was his attorney and that un<
der the Sixth Amendment he
was guaranteed counsel of his
choice. The court ordered the
defense to proceed with the at-
tomeys at hand.

One light moment did occur
during Friay’s proceedings.
Defendant Abbie Hoffman blew
a kiss to the jury when he was
officially "introduced to the
court.”

“The jury will disregard the
kiss thrown by the defendant,"
Judge Hoffman solemnly pro—
claimed. .

On Monday, September 29,
the defense submitted a motion
for a mistrial. Defense counsel
Kunstler said the judge should
either declare a mistrial or dis-
qualify himself because he “has
degraded, harassed and
maligned defense attorneys in
the trial." Kunstlcr further
charged that Judge Hoffman
has tried to coerce the defend~
ants to waive meir constitution-
al rights m counsel of their
choice, has threatened defense
lawyers with contempt charger
and often has interrupted the

fense lawyers during their on
guments.

Prosecuting attorney Thomal
A. Foran, arguing against thl
motion, accused the defendants
and their lawyers of trying the
case in the press rather than
in the courtroom. Foran called
the conduct of the defense ats
torneys “incredible. . . and ap-
palling." The motion wal
denied by the court.

Judge Hoffman also denied
another defense motion for a
hearing on the constitutionality
of two Chicagorordinances ap-
plying to permits for parades
and sleeping in city parks. Tho
defense had maintained that tho
constitutionality of the laws was
the “heart and crux of the man-
tcr in this trial."

Richard A. Schultz, assistant
US. Attorney, had earlier
told that court that several of
the defendants did not really
want the permits they had re-
quested to sleep in Lincoln Parli
or march to the International
Ampitheater.

JUROR DISMISSED

The trial took an unexpected
turn Wednesday, October 1.
when the youngest member of
the jury, Kristi King, 23, was
excused from further dut
Miss King stated that she
could not remain impartial
after being shown a letter
which her family received tho
previous Monday.

The letter Said, “You are be-
ing watched," and was signed
“The Black Panthers.”

Miss King had not seen the
letter until it was given to her
at the order of Judge Hoff-
man.

The defense objected to tho
court's action in the matter.
“The government, in an extra-
ordinary maneuver, succeeded
in sondbagging a member of
the jury of whom it did not ap-
prove," said defendant David
Dellingcr.

Another juror, Mrs. Ruth 1..

 

