:IAcCA1rN IIY IS )EAI See Page 2i icl: C' BkA&43 1 iIailA COOLER High 45-50 Low 35-40 Cloudy and windy; chance of showers Vol. LXXX, No. 35 Ann Arbor, Michigan-Tuesday, October 14, 1969 Ten Cents Ten Pages (ONTENTI()N: Jury debates Tenants landlord sit-in case Union, agree e talk-s BUL LETIN The jury in the second LSA Bldg. sit-in trial was unable to reach a verdict early this morning and was sent to the Statler Hilton Hotel for the night. They will return to the court at 10 a.n. today when their deliberations will continue. By LAURIE HARRIS A six-man jury continued deliberations early this morn- ing in the second trial of persons arrested and charged with contention in the LSA Bldg. sit-in. It appeared that the jury was having some difficulty reaching a verdict in the trial of Julia Wrigley, William De- Jong, Nicholas O'Connor, Eliot Lefcowitz, Harris Huberman, James McFerson and Michael Euman. Shortly before 12:30 a.m., the jury foreman re-entered the courtroom and asked District Court Judge Pieter Thomas- sen for a re-definition of the contention statute. Thomassen re-read the statute along with a definiion from a legal dictionary. "Are we bound by the definition?" the foreman asked. to initiat Argus su it (l'isISSI i)y judge By PAT MAHONEY A two-pronged lawsuit aimed at the Ann Arbor Arguss thrown out of circuit court by Judge-Ross Campbell yesterday. The suit, filed by three mem- bers of the local Republican party, aa d named as defendants Argus Editor Ken Kelley and the Uni- yexrsity Regts for distributing th Aug. 13 issue 01 the newspaper. Also named as defendants were Mayor Robert Harris, City At- to:tney Jerrold Lax, and County Px osecutor William Delhey. The suit sought to reprimand the city officials for failing to issue a formal opinion on he obscenity of the Argus issue, wich carried a picture of Republican Council- man James Stephenson holding a hand-drawn penis. Former Republican Councilman john Hathaway, one Of the plaint- iffs, said, "The judge stated each oY the attorneys agreed that their clients would not distribute any more copies of the issue in ques- tion. Based on these tatemients an injunction against distribution could not have been issued." Republican Councilman Joseph Edwards and Attorney John Mc- Cormick filed the suit with Hatha- way. Kelley saidyesterday that there is "no subs ftane to their claims. I think Hathaway did a great job and hope he will take action any ine he wants. I found out he is a really strange inan.'' Hathaway said he filed the suit as "a legal lest case. I don't want to see the Argus taken ot the streets, what we wIant is legal de- termination of whether or not the publication should be restrained."' The University was charged be- cause it sells the Areus in th e Michigan Union, Ilathaway said no other defendants were named because they might have been hurt by legal expenses. "You are bound tb take the law as I give it to you," Thomassen said. He also told the foreman that the jury was sworn to agree to a verdict, but added that no juror was bound to yield any strong conviction. James McFerson, '73, one of the original seven defendants, was granted nolo contendere ta plea of uncontested guilt) after he ex- plained he believed a verdict of guilty could deleterious to his fed- eral school loan. The prosecuting attorney, Tho- mtas Shea, attempted to prove that it was not only the six other de-, fendants that created a contention, but it was the effect of all 107 present that prevented the janitor- ial staff from completing their as- signed duties. Elmer White. attorney forthe1 defense, said the question was not, in the presence of the students1 in the building, but whether they created a disturbance while they were there. - Ive(~if' MoI)C wfork r gan ~iiIze sup port New Mobe prediets 90%/ moratorium, participation By JIM BEATTIE \Vith less than 24 hours to go before the beginning of tomor- row's anti-war moratorium, the New Mobilization Committee to End the War in Vietnam (New Mobe ) is confidently finalizing its plans. He contended the sit-in had been peaceful and that they left peacefully without any violence. Qerald Graichen. a student member of the janitorial team, said he had been ordered to stop' working by the head of the main- tnance team. He added they "wer' concerned for my welfare." However, he indicated he was nev- er threatened. Expressing o p t i m i s i about chances of success for tomorrow's nationwide protests, New Mobe yesterday released a linal sum- mary of tomorrow's scheduled events, and predicted that 90 per cent of the University's clanses would be seriously affect1cd by the- strike. Highlighting tomorrow's >chcd- ule will be a program of 12 speak- ,. ers at Michigan Stadium in the evening, a program of discussions at Hill Aud. featuring an after- noon appearance by poet Allen Ginsberg. six anti--war films to be shown throughout Ann Arbor. and seminar programs staged by 16 department s. The stadium program will be- gin with a mass rally on the Diag at 5 p m. to gather stupport. About 6 p.m the group will march from he alia toward the stadium c a r r y i n g flashlights. Original plans called for candles instead of flashlights-- but police refused to approve them. At the stacium SRC . a rck group, will perform until people' are seated. At 7:15. Sen. Philip Hait : : ,: