IMPLEMENTING
THE REPORT
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Pleaisantly fair;
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Vol. LXXVII, No. T9-S Ann Arbor, Michigan, Saturday, May, 25, 1968 Ten Cents
Six Pages
Spock trial:
Seeds of sympathy
srof. Joseph Sax of the Law School
1is currently in Boston observing
the Spock conspiracy trial. His an-
alysis of the courtroom situation
will be published in The Daily un-
til the end of the trial.
By JOSEPH SAX
Special To The Daily
When the trial of the Boston
Five resumed Friday, Asst. Dep-
uty Attorney General John Mc-
Donough was recalled to the
stand.
McDonough had already done
the defendants a service in pic-
turing them as "articulate and
moderate" when they stated
their anti-war views to him on
Oct. 20 at the Justice Depart-
ment in Washington. But the
high point for the defendants
in this first week of trial came
'when James St. Clair, attorney
for William Sloane Coffin, be-
gan his cross examination.
St. Clair, a member of one of
Boston's most prestigious law
' firms, used the cross examina-
tion brilliantly to initiate the
defendants' counter -attack.
Thus far the prosecution has
methodically been building its
case by stressing two central
points. First, that the defend-
ants continuously admitted
that they were "counselling,
aiding -and abetting" draft re-
sisters in direct contravention
of the law; and second, that
they openly defied and chal-
lenged the government to pro-
vide a "moral confrontation"
by indicting them.
St. Clair's cross examination
met the prosecution head-on.
Extracting from McDonough
the admission that the de-
fendants had urged legal rea-,
sons for their conduct-such
as their belief in the unconsti-
tutionality of the selective serv-
ice law and the war, and their
conviction that they were with-
in the protection of the free
speech provisions of the first
amendment, he emphasized
that the defendants' statements
were not admissions of guilt,
but of challenge to statutes and
actions they believed, to be in-
valid. This point he tied quick-
ly to the "defiance" evidence of
the government.
"They wereexplicit in their
insistence they were violating
t- law," St. Clair said, "so
there could be a prosecution
to test these laws." He asked
McDonough, "Didn't you re-
alize they were trying to pro-
mote a test case?" The answer
was "no," but St. Clair had
made his point. It was not de-
fiance of law, but a forun to
test the law, which the de-
fendants sought.
If the defense can persevere
in this strategy and make their
point to the jury, they will have
achieved an extraordinary vic-
tory. For while the judge will
instruct the jurors that ques-
tions of law are not ,for them
to decide, St. Clair has tried to
get them to consider the legal
issues indirectly-by viewing
the defendants' good faith con-
viction in their legal stance as
a defense, and their provoca-
tion of the indictment as an ac-
ceptable and appropriate means
to test their position.
In this regard. it is most in-
teresting that the other point
brought out on cross-examina-
tion of McDonough was the re-
sisters' despair that they could
not get the government to un-
dertake aserious examination
of their complaint that the
United States was traducing in
Vietnam certain of its obliga-
tions under the conventions
governing the rules of war.
Thus, St. Clair went to some
effort to ask McDonough
whether he thought the defend-
ants had raised "significant"
issues as to the morality and
legality of the war, to which
McDonough answered, "No."
And, when McDonough said
that he did not fully under-,
stand the meaning of what the
defendants were saying, but
admitted that he made no ef-
fort to ask questions which
would clarify things for him,
St. Clair concluded by noting,
"You didn't understand, yet
you asked no questions, though
inability to communicate with'
the government is the com-
plaint of young men challeng-
ing" the war.
It was a powerful session,
and a significant one. But
whether the jury will view these
events as a justification is most
uncertain. No doubt the prose-
cutor will tell them, and the
judge instruct them, that a
belief in the legality of one's
conduct, however sincere, does
not absolve one of criminal re-
sponsibility. But the seeds of
sympathy are being planted;
time alone will tell whether
they can blossom in the heart
of a Wellesley Hlls sarchitect
or an A&P meat cutter.
DeGaulle asks
greater power
Calls for ,economic reforms;
stock exchange in flaires
PARIS (R) - Charles de Gaulle appealed to the deeply
troubled French last night to vote him powers to make sweep-
ing economic and social reforms, and he threatened to quit
if they don't..
The immediate reply from riotous students was re-
newed violence in the streets 'of Paris and arson fires at the
Bourse-the stock exchange. Labor was skeptical at best.
In a television-radio broadcast, the 77-year-old president
asked for a "mandate of renovation"-a referendum to be
held in June that would give discontented students, workers
and farmers a greater voice
-Associated Press
TwoNiews of de (aulle
DEMAND MEETING:
Blacks boycott AH
By MARCIA A3RAMSON
Most of Ann Arbor Pioneer High
School's 129 black students will
boycott classes Monday morning
unless school administrators agree
to a meeting with the faculty and
student council for a discussion of
a controversial curricula question-
naire and other grievances.
The black students began their
class boycott yesterday morning
and forced administrators to meet
with them throughout the day.
Late last night the school ad-
ministrators and superintendent
of schools Scott Westerman were
still meeting to determine how to
handle the boycott.
High school programs are di-
vided into several areas. There
had been complaints that black
students were being forced into
the general (non-college-bound)
curricula. The survey asked how
each black student was put into
a curriculum. White students were
not surveyed.
The boycott is being led by the
Ann Arbor Youth Council of the
NAACP.
Council president Ed Welch
predicted that many white stu-
dents would support the boycott.
The black students did not list
their grievances or present them
in any written form. "We want to
talk this out in words," Welch ex-
plained.
At their meeting with schoolx
administrators in the auditorium
yesterday, the students did discuss
some of their grievances. They in-
cluded:
-distribution of scholarships to
"rich white kids."
-discrimination by teachers.
Shortly before school endedeyes-
terday principal Nicholas Schrei-
ber summarized the day's events
on the public address system. He
said the student \ demand of a
meeting with the faculty at 8 a.m.
Monday was impossible and sug-
gested a meeting at 2 p.m. instead.
The students never went to
classes yesterday. They went di-
rectly to the general office and
demanded that their question-l
naires be returned.
Rokicki promised the students
their complaints would be investi-
gated.
The specific questions on the
form asked the student what
curriculum h'e is in, why he chose
that curriculum, whether he was
forced to enter that curriculum
and if so, by whom, whether he
has ever changed courses and why,.
his attitude towards school, grade
average and attendance record.
51
'Ad-hoe group drafts
new bylaw proposal
{ .y
An ad-hoc group of students has draw up a bylaw implementing
completed a draft of the contro- the Commission's recommenda-
versial bylaw proposal which tions by last Friday's meeting, but
would implement the Hatcher decided not to act on the pro-
Commission's recommendation for posal in the wake of student pro-
the establishment of a University tests.
Council (UC). .The students charged that Cut-
The group, composed of mem- ler's version of the bylaw violated
bers of Student Government the principles of the Commission
Council and other student lead- report and was "railroaded"
ers, will meet tomorrow at 7 p.m. through consultations with stu-
to discuss the draft and to make dent leaders. Cutler claims that
final changes and plans. for ne- changes in the intent of the Coin-
gotiation. mission were necessary because of
in their own affairs. No date
for the ,referendum was an-
nounced.
First reactions from union an'd
opposition political leaders ranged
from shrugged skepticism to re-
jection.
Former Premier Pierre Mendes-
France, a moderate leftist, said
the millions of striking workers
and rioting students have, in ef-
fect, already given de Gaulle his
answer.
Anti-Gaullist rioters crushed a
police commissioner to death with
a truck load of rocks in Lyon and
set fire to Paris' stock exchange
in rebollion spreading across
France last night and today. The
fatality was the first officially re-
ported in three weeks of violence.
Students erected barricad'es for
the third straight night in wide-
spread areas of Paris. Windows
were shattered and pavement was
torn up along long stretches of
street battlefields as insurgents
hurled paving stones at police.
Hundreds of youths late last
night rattled open the iron gates
of t h e classically columned
Bourse, swarmed onto the trad-
ing floor, piled up wooden quota-
tion boards and set them afire.
Firemen put out the blaze but'
parts of the Bourse were badly,
damaged.
Speaking to the nation, de
Gaulle spoke of the necessity to
assure "the elementary existence
of the country, as well as public
order."
Grim faced, the president said]
the unrest is a sure sign that
French society must 'be changed
to permit citizens a greater share
in the management of their
affairs.
De Gaulle's address did little to
calm the nation. Georges Seguy,
secretary-general of the Com-
munist-led General Confederation
of Workers, said workers "don't
want a referendum but better
working conditions."
The French Democratic Federa-
tion of Labor, moderately left, de-
clared that the speech "confirms
the necessity to reinforce the
strike movement."
"It is not a referendum that will
solve the problems," said Waldeck
Rochet, secretary general of the
powerful Communist party. "The
government is condemned in the
long run.":
Gaullists found reason to praise
the president's address. Henry
Rey, head of Gaullist deputies An
the assembly, said de Gaulle had
made a penetrating analysis of
France's problems.
firm On
bombing
PARIS (A) - North Vietnam
seemed to slam the door yester-
day on any hope of agreement
with the United. States short of
American retreat on the bombing
issue, but declined to take the
initiative for breaking. off pre-
liminary Vietnam peace talks.
The word from Hanoi, both
from its delegation here and from
leaders in North Vietnam, sounded
harder and more uncompromising
than ever as the two sides pre-
pared for a fifth round of talks
Monday after a four-day recess.
The prospect was for either
long-term deadlock or a show-
down which could bring the talks
to the brink of a collapse.
BREAKING MEETING
A North Vietnamese delegation
spokesman said that on the Hanoi
side there is no question of break-
ing off the meeting. .
On the American side, willing-
ness to "stay the course" was the
keynote. A U.S. spokesman, refer-
ring to a description by the North
Vietnamese of U.S. Ambassador
W. Averell Harriman as "perfidi-
ous and obstinate," retorted
sharply.
"We don't feel we're obstinate,"
said the American spokesman,
William J. Jorden.' "We know
we're not perfidious. We are try-
ing to find answers to serious
problems which are the concern
of people all over the world. The
sooner we stop throwing adjectives
around and come to grips with
real issues, the sooner we'll get
something done."
BOMBING HALT
But Hanoi's contention is that
its delegation came here to dis-
cuss how to end the U.S. bombing
of the north'and that nothing else
can be discussed until that is
settled.
Speeches of leaders in Hanoi,
headed by Premier Pham. Van
Long at a meeting of North Viet-
/nam's National Assembly, and
broadcasts of Hanoi radio, ap-
peared to be appealing not only
to world opinion to bolster the
Paris delegations' position but to
internal opinion in North VietIamg
as well.
,Hanoi
-Associated Press
Thomas Lewis and Rev. Berrigan
Dra t protesters draw six-year
sentences for recor destrructon
BALTIMORE, Md (;P)-Two of cal" full term of 18 years, but the of the pamphlets was not per-
f f t h~ dwith d i d h ld hp b ht i dA
lour paciiisU c argea wi pour- Jauu ge aia ne wom ou rILugL
ing blood on draft records last back after the court sought pro-
fall were sentenced to six years fessional advice.
in federal prison today. Judge Edward S. Northrop's
Mteu.
The men grappled with the dep-
uties and were taken to the mar-
The students expect to use their
version of the bylaw as the basis
for negotiation with administra-
tors and faculty next week. Pres-
ident Robben Fleming agreed ear-
lier this week to have the bylaw
drafted by a group composed of
one student, one faculty member
and one administrator.
The Regents deferred action
last week on the version of the
bylaw submitted by Vice President
for Student Affairs Richard L.
Cutler.
The Regents asked Cutler to
instructions from the Regents and
has repeatedly denied the charges
of "railroading."
Cutler's version of the bylaw
would have had UC make rules
for students only, while both the
Commission report and the stu-
dents' version have it making
regulations for all members of
the University community.
The version of the bylaw draft
drawn up by the students would
have University Council make all
non-academic regulations in the
University.
The six-year terms were im-
posed on the Rev. Philip F. Ber-
* rigan, 44-year-old Roman Catho-
lic priest, and Thomas P. Lewis,
28-year old artist.
A third defendant was given a
three-year sentence by U.S. Dis-
trict Judge Edward S. Northrop.
The fourth was given a "techni-
sentencing of the four war protes-
ters, in U.S. District Court, touch-
ed off a disturbance in the hall-
way as about 200 spectators surg-
ed out of the courtroom.
Two male spectators in the hall
had peace pamphlets. Deputy U.S.
marshals told them distribution
Bus company ceases
Ann Arbor operation
I
By NADINE COHODAS
Arvin Marshall, owner of the
City Bus Company, disbanded his
service yesterday after the city
disclosed it has been negotiating
with Short Way Lines for a city
route.
Marshall told his eight drivers
he was through with Ann Arbor
bus operations and was unwilling
to continue under present condi-
tio is. He said the possibility of a
rival company entering the city
was "quite a handicap to work
under."
4W Marshall's drivers have been on
strike for higher wages and fewer
hours since Wednesday, leaving
Ann Arbor without bus service.
City Administrator Guy Larcom
said the city is actively continuing
negotiations with Short Way Lines
and with another company, St.
j '
Marshall said although he was
discontinuing service in the city,
his School Bus Service, Charter
Service, and suburban runs would
continue through June 1.
City officials said negotiations
with the two other bus companies
were deliberately kept secret so
that if an agreement with Mar-
shall could not be reached, the city
could make other arrangements
for public transportation. How-
ever, Marshall, admitted he knew
about the city's secret negotiations
"for about three weeks."
Marshall had asked the Ann
Arbor city council to approve a
fare increase of five cents-from
x.30 to $.35. He maintained this
increase was necesary to meet his
driver's demands for salary in-
creases.
To help overcome the company's
1967 deficit, the Council Monday
shal's office. This touched off -discrimination in athletics.
screams of "Justice," "Uncle The black students did not al-
Tom," and "Where's the gas low any white students in the au-
chamber?" ditorium during yesterday's meet-
Order was restored quickly, but ing. A sign on the door read, "On-
a crowd of 50 later gathered out- ly black students allowed."
side the marshal's office to pro-
test the men being held.
The government accused the
defendants of pouring blood w n
draft records last Oct. 27 at the
U.S. Custom House, headquartersP arki
for all 26 of the city's draft boards. Pri
They said their "sacrificial and,,
constructive act" was performed By DAVJ
to protest "the pitiful waste of
American and Vietnamese bood" A proposed regulation eli
in Vietnam. parking is likely to add extra co
They said the blood was their situation.
own. Authorities said it was The proposal, currently awai
duck's blood. eliminate all parking on city st
A jury convicted them April 16 E. Robbins, city parking and t
of destruction of government reasons for the city's proposal.
property, mutilation of governi-
ment records and impedingvSe- However, SGC president 1
lective Service procedures: proposal results from a concern
David Eberhardt, 27-year-old vehicles if the Regents approve1
conscientious objector and formertregulations.
teacher, was given three three- He added there was little
year sentences, also to run con- since many of the students aff
currently. His bond was set at eligible to vote in Ann Arbor.
$7,500. "The proposal is a sensele
Fred E. Weisgal, court ap- is adopting out of fear of moreE
pointed defense counsel, said he for the rights of the students i
would appeal immediately to the Robbins linked many of th
U.S. 4th Circuit Court in Rich- area with long lines of parkedt
mond, Va. cellent refuge for muggers, who
"You have transcended the tol- their victims," he said. He also
erable limits of civil disobedience," igan cities that show a drop in
Judge Northrop told the defend- of on-street parking at night.
ants as he sentenced them, "Streets are for the moveme
NEW CITY COUNCIL PROLPOSAL
ng rule: Putting the car to bed
ID M A N N ym :a .. e I II k, , - -a . .. .....,... s _, ........... .. ......... T
ninating all late night on-street
nfusion to the Ann Arbor parking
iting action by City Council would
reets from 2 a.m. to 5 a.m. John
raffic engineer, has given several
Michael Koeneke said the city's
over a projected influx of student
the abolition of University driving
SGC could do about the proposal
ected by the new ruling are not
ss, "get tough" posture the city
student vehicles, with little regard
involved," Koenek@ said.
he crimes in the Central Campus
cars. "Parked cars provide an ex-
can hide inside cars waiting for
cited studies done in other Mich-
street crimes following elimination
ent of vehicles, not their storage,"
I
i , . .
m