CONSCRIPTION: BOTH SIDES See editorial page Y git l &uii CLOUDS High--68 Law--45 Chance of showers, more tomorrow 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