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Vol. LXXVIII, No. 17;>S Ann Arbor, Michigan, Thursday, May 23, 1968 Ten Cents
01
Six Pages
I
Spock trial:
Perils of conspiracy
Kirk again denies amnesty
Prof. Joseph Sax of the Law School is currently
in Boston observing the Spock conspiracy trial. His
analyses of the courtroom situation will be pub-
lished in The Daily until the end of .the trial.
By JOSEPH SAY
special To The Daily,
BOSTON - It is a commonplace ahong
lawyers that conspiracy is the vaguest of crimes.
Not only is there uncertainty about the mini-
mum of evidence to make a case, but-more im-
portantly-there are few perceivable limits to.'
the breadth of evidence the government may
seek to sweep into its case to incriminate the
defendants.
This point has already been dramatically
demonstrated in the Spock trial with the prose-
cution's very first witness. FBI agent Lawrence
Miller testified not only to the statements he
heard from the defendants at the October, 1967,
Resistance press conference, but to speeches of
.a host of other prominent anti-war figures such
as Noam Chomsky, Dwight MacDonald, Ashley
Montague, Robert Lowell, and Paul Goodman.
In addition, ,the prosecution offered into
evidence a number of anti-draft pamphlets being
distributed at the conference by unidentified
college-age people. The defendants' lawyers im-'
mediately objected, urging that the statements of
others should not be chargeable.
At this point, the vagaries of conspiracy lawF
came to the fore. Ruling against the defendants
and holding the testimony admissible in its en-
tirety, Judge Francis Ford told the jury that
since the defendants had been indicted for con-
spiring 'among themselves "and with other per-
sons known and unknown," it was proper for the
government to adduce evidence as to the con-
duct of others who might be among the diverse
other conspirators. He -advised the jury that if
they found those non-defendants also to be con-
spirators, they could attribute their conduct to
the defendants, for all conspirators are held
is admitted tentatively and conditionally, but as
responsible for the acts of their co-conspirators.
Thus, from a legal point of view, the evidence .
with so many legal rules, it is unlikely that the
jury will be able to understand the limited
purposefor which they are asked to hear the
evidence.c
As the trial entered its third day, and the
prosecution began to show its movies, the sweep-
ing looseness of a conspiracy case was visually
dramatized. We saw scenes of unidentified
youths, with beards and long hair of course,
burning their draft cards in Boston's Arlington
St. church. Film clips from a provocative anti-
war speech by non-defendant Paul Goodman-
who looks the very model of a New York radical
-were shown. In some of these scenes, certain
defendants were present, others absent. But it
was all part of the large anti-war montage the
government is constructing.
It now seems obvious that the conspiracy
charge provides an amorphous legal cover for the
prosecution to put the anti-war movement itself
on trial, and there is little the defense is able
to do about it. Much of yesterday's session was
devoted to cross-examination attempting to
show that the FBI witness and the new films
(subpoenaed from television networks) were
highly selective, including statements that might
make the defendants look bad, but omitting
much of the explanation for why they opposed
the war.
These efforts appeared to have little impact
on the jury, but they did provide a moment
of humor in a generally solemn session. In
examining FBI man Miller's notes, one defense
attorney found that Miller had interposed his
own commentary on the statement of defendant
Marcus Raskin, who said the President "had no
special sources of information that were un-
available to the public." To this, Miller had ap-
pended the word, "Baloney." Miller was asked to
explain the meaning of liis interpretive coin-
ment, but Judge Ford ruled that "Baloney" spoke
for itself.
The trial is now half a week old, and spec-
tators are getting eager for the prosecution to
finish up to that the defendants can put for-
ward their case. The question in everyone's
mind is whether the Boston Five will be able to
reply in kind and put the Johnson administra-
tion on trial, too.
after police
raid
Columbia
A1ssembly
upholds
Gaulis ts
Pompidou bolds
11 vote mia rgin;
protests continue
PARIS (A)-By an 11-vote mar-
gin, President Charles de Gaulle's
regime repulsed a drive in Par-
liament last night to oust a cab-
inet battered by student upheav-
als and paralyzing nationwide
strikes.
But only hours after Gaullist
Premier Georges Pompidou won
the confidence test in the Na-
tional Assembly, more than 5000
students swarmed to within 100'
yards of Parliament in new pro-
test demonstrations.
Hundreds of riot police, wear-
ing helmets and carrying arms
and shields, quickly surrounded
the columned Palais Bourbon
where Parliament continued to
meet after the censure motion re-
ceived the support of 233 deputies,
11 short of the required simpleI
majority of 244 votes.
Approval of the motion would
have forced 'Pompidou and his1
cabinet to resign and de Gaulle
to find a new premier. While the1
term of de Gaulle as President
runs until 1972 and was not at
stake in the balloting, a defeata
for Pompidou would have stag-
gered de Gaulle, whose prestige
has suffered sharply in the aca-
demic-industrial crisis.
De Gaulle is due to address the 1
nation tomorrow night on the up-1
heaval that has idled eight million3
workers.
The student march was called
to protest a government ban on
the return to France of student 1
leader Daniel Cohn Bendit, whot
was on a speaking trip in Amster-
dam yesterday.
The students moved to the Par-
liament building as deputies were
discussing a government proposed
bill to amnesty students who had 7
been arrested for rioting early this
month .
Students
charge
brutality
178 arrested
as 1000 officers
I 'clea' caipus
-Daily-Richard S. Lee
Starting a prograin to teach parents a lesson
AYEA ki~ds plan a switc
DTOIT RVISIT:
3. :~. . : f 33 CS .
:i ockynotes -issu
A split wTth
DETROIT (M) - Gov. Nelson
A. Rockefeller said yesterday he
does differ on issues with Gov.
Ronald Reagan of . California,
who is considered a potential can-
didate for the Republican presi-
dential nomination.
"We do not share a common
position on many issues," Rocke-
feller said at a news conference
in Detroit.
CAN DIFFER
But in reply to another ques-
tion, said. "I think the President
and Vice President can reflect
different points of view."
Rockefeller said it was "pre-
mature" to say whether Reagan
would be acceptable as his vice
presidential running mate.
Rockefeller flew to Michigan#
for a meeting with the state's 48
man Republican delegation, a
fund raising dinner and several
receptions. At a luncheon, he de-
livered a long and comprehensive
speech on financial problems and
policy before the Economic Club*
of Detroit.
At the Economic Club, Rocke-
feller announced that he would
not read his prepared text, pre-
viously released to news media.
But he said he would stand be-
hind the statements it contained.
'GRAVE FAILURES'
In the statement, he charged
"grave failures of leadership" in
President Johnson's administra-T
tion.
The luncheon audience of 2700
interrupted the governor five
times with applause during the
speech.
Detroi Press
t e0
to negotiate
MADISON, Wis. UP) - Labor
mediator Nathan Feinsinger said
yesterday a meeting has been
scheduled for Memorial Day be-
tween labor and management
"with a view to an early and final
disposition" of the Detroit news-
paper strike.
In a brief statement, Feinsing-
er saMid all narties,-involved in the
Reagan
Of the 48 delegates, state po-
litical observers said 25 are be-
lieved leaning toward Richard M.
Nixon and four are for Reagan.
Rockefeller's state chairman, Lt.
Gov. William Milliken, said he is
not yet prepared to say how many
delegates are for the governor.
Rockefeller was closeted for
more than two hours with state
delegates and alternates.
By HENRY GRIX
Last night a group of Ann Ar-
bor high school students met to
plot a "revolution."
But all they want to change is
their neighborhoods.
Youth to Educate Adults (YEA)
is the exhuberant title of a pro-
gram to have black and white high
school students switch homes for
a month and "see how the other
race operates."
Sponsored by the Youth Action
Committee"of the Baha'i Assem-
bly, the YEA kids plan to involve
parents and students in a com-
munity effort to better interracial
relations.
Jamnes Keene, Grad, spokesman
for the sponsoring group, explains
that YEA "is not trying to force
anything; that's the tactic of so-
cial change that has been so
futile for so long.
GRASS ROOTS
"College students can go tear
up an administration building and
nothing happens, but YEA hap-
pens at the grass roots level,"
Keene continues.
YEA has no formal rules yet,
and Keene says it probably will
not have any; students and their
families will be allowed to make
arrangements for an exchange
themselves.
"The program is not promising
anybody a nice, leisurely time, but
if something bold and dramatic
like this is not done, none of us
are going to b ccmfortable," says
Keene.
YEA has already made some
area residents uncomfortable.
THREATENED
Keene began receiving threat-
ening phone calls last week when
2400 flyers describing the prog-
ram 's aims weresdistributed at
local high schools.
Although most of the 50 stu-
dents who attended last night's
_4 _~___~ ~ ~-_-
organizational meeting were en-
thusiastic, not even all of them
were sure a program like YEA
could work. Most of the students
were white and they noticed that
only a handful of black students
turned out to support the ex-
change.
One astute ninth grader re-
marked, "I suspected this would
happen. They think we're down
here to do good."
Another white girl commented,
"It's predictable; that whenever
the white man takes over a pro-
gram the black man should con-
trol, the black man gets 'out."
The specter of disapproving
adults also hung over the gather-
ing.
The students wlo attended last
night, however-, ame with their
parents' consent, if not their
wholehearted approval.
One student explained jhis par-
ents allowed him to .come to the
meeting, but he felt they might
not let him participate in the
program.
"I don't think it's because they
don't want me in a black home,"
he added. "They just wouldn't let
m, go any where."
NEW YORK (P)- Dr. Grayson
Kirk, president of Columbia tni-
versity, said yesterday he is ready
to discipline, suspend or expel
"any number" of rebellious sti-
dents necessary and refused again
student demands for amnesty.
Kirk spoke at a news confer-
ence after the second early morn-
ing campus police raid in a month
left 56 more persons injured, in-
cluding 16 policemen. Police said
178 persons, including 53 women,
were a'raigned.
Police cleaped a barricaded
building and arrested 131 dem-
onstrators without incident at
the university early yesterday,
but in the hour before dawn the
troubled Ivy League campus
erupted again in violence.
When it had subsided, 43 more
persons had been arrested and
almost 69 had been injured. Police
said 40 students and 16 policemen
were hurt.
Kirk had summoned police to
"clear the area" after small fires
broke out in dormitories and
shouting students defied orders
to return to the dorms.
A student leader, Juan Gon-
zales, later charged that 50 plaIn-
clothesmen with guns drawn had
invaded a dormitory and beaten
students with blackjacks.
. There was no immedfate police
comment.
At 4:25 a.m., a thousand police
rushed across thecampus. They
were met head-on by a wave of
students who answered a call: "To
the barricades!"
A stone flew, striking a police-
man in the face. He bled pro-
fusely. Police surged into the sti-
dents, nightsticks flailing, and
blood was drawn on both sides.
The storm had begun building
late Tuesday, one month after
several hundred demonstrators
began a siege that eventually led
to temporary control of campus
buildings.
A 'ally called by leaders of a
student strike committee dispersed
after an hour last night without
incident. About 700 students gath-,
ered outside the Columbia gates
heard the leaders urge them to
"stay calm."
Mark Rudd, a student leader of
the .Vrotests, told the rally last
night that the strikers were giv-
ing the administration "one more
chance" to grant amnesty.
"These people," Rudd said, "are
the bourgeoisie. They represent
institutions that cannot yield,"
because "they have a vested in-
terest in them."
Rudd was suspended. Tension
mounted, inside the building
where protesters refused 'to
See KIRK, Page 2
Court hands Brown
five year prison 'term
Strike for wagehike
mayen bus serviceI
By LESLIE WAYNE#
Unless bus fares are increased and bus drivers accept
a new wage package, Ann Arbor may be. without the service
of the City Bus Co.
Bus drivers began a sick call "strike" yesterday, although
they are not unionized.
The drivers will vote today on an offer of $2.72 per hour
and minimum driving time of 81/2 hours per day. Bus drivers
presently drive 12 hours a day for about two dollars per hour.
"If this offer is rejected, there may be no more city busK
service," predicted Joseph - - - -- -
NEW ORLEANS ( ) - SNCC
Chairman H. Rap Brown drew a
five year prison sentence and a
$2,000 fine last night after a bi-
racial federal court jury convict-
ed him of violating the National
Firearms Act.
The act forbids anyone under a
felony indictment to transport a
gun across state lines. 1
U.S. Dist. Judge Lansing L.
Mitchell imposed maximum pun-
ishment after defense attorney
William M. Kuntsler of New
York City pleaded for leniency for
"the sake of America."
Notice of appeal was filed.
Brown remained free under $10,-
000 bond pending the appeal.
Brown had been for arson in
Maryland Aug. 14, 1967, two days
before he traveled from New York
City to -Baton Rouge, La., and
back with an M-1 carbine in his
luggage.
The jury of three men and nine
women found Brown innocent of
the first count of the two-count
indictment-but convicted on the
second. The verdict came after
812 hours of deliberation.'
The second count of the indict-
ment was based on Brown's re-
turn flight to New York Aug. 18.1
Deliberations were interrupted
at one point, to ask for further
instructions from U.S. Dist. Judge
Lansing Mitchell.
In his instructions, Judge Mit-
chell told the jurors they should!
not convict Brown unless they felt
the government had proved he was
aware of the Maryland indictment
when he carried the rifle on his
trip.
The first count of the federal
case cited Brown's airline flight
from New York City to New Or-
leans. The second count, involvedj
the' same rifle, cited the flight
back.
Ia
Prater, general manager of
City Bus Co.
City Bus, the only bus company
in Ann Arbor, services more than
1000 people per day. "If this serv-
ice is lost, the city will break its
neck to get service re-estab-
lished," said Guy Larcom, city
administrator.
City Bus Company accumulat-
ed a significant deficit last year
and appealed to the city for ad-
ditional funds to subsidize oper-
ations. City Council agreed Mon-
day to increase the yearly sub-
sidy of the company by $3500 to
a new total of $8500.
A request for the city to in-
crease the bus rates by five cents
from the present 30 cent fare
was also introduced at that time.
The fare increase would be needed
to offset the new wage scale.
Although Council delayed action
on the fare increase Larcom said
he would request that Council
take action on the demand "if
the increase is urgent." Larcom
nam n -rMth nee e s"uite
FIRST VANDENBERG LECTURE
Reston: The politics of internationalism
By URBAN LEHNER
Co-Editor
James Barrett Reston last
night told a polite University
audience of about 600 that he
"always thought (Hubert Hum-
phrey) hated the war."
He also said President John-
son withdrew from contention
for another term because "he
had to choose between Lady
Bird and the Presidency."
Delivering the first annual
Vandenberg Lecture - named
after the late Republican Sen-
ator from Michigan - in Rack-
ham Lecture Hall, the executive
editor of the New York Times
argued that the legacy of the
chairman of the Senate Foreign
Relations Committee during
Washington. correspondent for
the Times.
Comparing Vandenberg's per-
sonal relationship with then
Secretary of State Dean Ache-
son with that of the present
Senate Foreign Relations Com-
mittee chairman and Secretary
of State, James William Ful-
bright and Dean Rusk, the
Scottish-born two-time Pulitzer
Prize winner said "the point is
not chummy meetings but to
get public officials to examine
some of the same facts with
what Arthur Vandenberg called
'honest candor'.
"Common inspection of com-
mon facts usually leads to
common conclusions," he said.
The electorate should have
But they mellow and grow.
Richard Nixon and Robert
Kennedy are different and bet-
ter men today for their dra-
matic and humbling experience
of decision in the White House."
The internationally known
pundit, who was ,recently pro-
moted from associate editor to
executive editor of the Times
after an internal power strug-
gle between the newspaper's
main office in New York and
Washington bureau, delivered
this warning after describing
what he labeled p o p ul a r
"stereotypes" of the major 1968
presidential contenders:
"Richard Nixon is a conserv-
ative, a hawk, a loser .
"Robert Kennedy is a ruth-
:sue ;
;aasae