Page Eight"
THE MICHIGAN DAILY
Wednesday, July 2, 1969
Page Eight' THE MICHIGAN DAILY Wednesday, July 2, 1969
SOUTH U. TRIALS:
Two guity two free
Bill would restrict U' financing
(Continued from Page 1).
day and ended when the jury in-
formed Thomassen at 5:30 p.m.
on Friday they were unable to
reach a unanimous decision.
The jury deliberated more than
20 hours in sessions that lasted
until 2 a.m. Friday, Thomassen
finally ordered the jury to be
taken to the Statler Hilton for
the remainder of the night and
Harvey
to patrol
con cert
(Continued from Page 1)
"The decision on the manner in
which we would police West Park
was made by me, as chief of po-
lice," Krasny said. "The manner
in which we acted while there is
my sole responsibility."
But Krasny also admitted that
he was forced to make a choice
between "total law enforcement"
and the safety and welfare of the
public at the concert, -including
families with small children.
"You as citizens must realize
that this department has only a,
limited number of personnel ... in
a crowd of this magnitude, assis-
tance from other agencies must
be requested in advance. Since
nothing in previous concerts in-
dicated 'such a request would be
necessary, one was not made,"
Krasny's official statement ex-
plained.
Harvey's promises to move into
the park raised the specter of a
major confrontation between con-
cert-goers and county deputies.
Harvey said yesterday, "You tell
those people-what do you call
them, maggots, faggots?-to stop
acting like animals, and start
looking and acting half-way de-
cent and I don't care if they have
a concert.
"It's about time somebody stood
up and drew the line against this
animal conduct. The decent
people of this area have a few
rights too-like not having to put
up with dopeheads, sex nuts, and
public drunks," said Harvey.
Despite Krasny's statement con-
tradicting Harvey's allegations,
the Ann Arbor Police Officers
Association-the city's police bar-
gaining agent --strongly backed
Harvey's stand in the controversy.
Robert Flynn, a city patrolman
and president of the organization,
said yesterday, "Responsibility for
these Sunday afternoon sessions
of marijuana smoking, desecration
of the American flag, nudity, etc.,
must be placed squarely on the
shoulders of the City Administra-
tion."
"The conditions 'which have
been created by fostering crime
in the streets of Ann Arbor as
evidenced by the hands off atti-
tude of the city administration is
just increasing the- problem," said
Flynn.
The city administration, Krasny
and Harvey have scheduled a
meeting tomorrow to discuss police
operations at the Sunday concert.
Six profs
win awards
(Continued from Page 1)
which has supported the under-
graduate teaching awards for the
past several years.
Ingram, an assistant professor
who has taught at the University
for three years, specializes in
Elizabethan drama and theater
and in the works of Milton. He is
also an authority on the use of
computers in literary research.
Wright, on the faculty since
1963, is an expert on literary
criticism and on the works of
Coleridge, Hawthorne, Keats, and
Shelley.
Mrs. Gurin has been a member
of the teaching faculty since 1967,
but has been with the Institute
for Social Research since 1958.
She is a specialist in social issues,
particularly those related to race.
Quackenbush joined the Uni-
versity faculty in 1957, after 15
years in industry. He has been
faculty advisor to the student sec-
tion of the American Society of
Mechanical Engineers.
Miss Horn, nwhoteaches funda-
mentals of nursing to underclass-
men, is an expert on the uses of
television and programmed ma-
terials in instruction. Besides
teaching in the nursing school,
she is pursuing her own studies
in the education school. She has
been on the faculty since 1958.
Zografi, a specialist in physical
pharmacy, studied here and
taught at Columbia University be-
fore joining the Universty faculty
n 1964. He is chairman of the cur-
riculum committee in the phar-
macy college.
they were returned to the jury
room at 10 a.m. on Friday.
A major discrepancy in the
case grew around establishing
where Miss McNiel was arrested.
Assistant Prosecutor Thomas
Shea tried the case on the basis
that the defendant "was doing ex-
actly what the police were trying
to prevent - blocking South Uni-
versity Avenue." The prosecutor
said his evidence shows Miss
McNiel was seated in the middle
of the street and refused to move.
Defense Counselor David Bell,
a local attorney appointed by the
court, held that his client was ar-
rested on the Diag after being
overcome by teargas and was in
no way blocking the street.
Testimony given by one of the
defense witnesses, Tanis Clark,
'71, of 344 Liberty Court, present-
ed a central point of controversy.
Miss Clark told of being with the
defendant on the Diag the night
of her arrest but did not see her
arrested. The jury requested to
have Miss Tanis' testimony played
for them after the first four hours
of deliberation.
Miss McNiel stated she was
overcome by teargas and woke up
to flashbulbs in her face ad in
custody.
Judge Thomassen called the
jury into his courtroom twice dur-
ing deliberation on Friday, and
reread them the contention law
and advised them on the rules of
considering evidence.
The jury took more than 20 bal-
lots during the long hours of dis-
cussion. The final ballot before
Thomasson dismissed the jury
showed four guilty and two not
guilty, a revrsal of earlier ballots.
Thomassen set IJuly 31 "as the
date for a new trial.
Pictures taken by Daily pho-
tographers showing Miss McNiel
being led toward the Engin Arch
by police will be submitted as new
evidence and may be sufficient to
have the case dismissed without
a new trial.
Shea, however, declared the pic-
tures "meant nothing." "We're
only interested in her sitting on
the pavement, blocking the
street," the prpsecutor added.
In a case tried in Elden's court
Monday, Jack C. Albert, '69, of
215 N. State St., was found guilty
of creating a contention and a
disturbance. Albert defended him-
self in the court trial, (in which
the judge hands down the ver-
dict instead of a jury) and Shea
was prosecuting attorney.
The prosecution called Ann Ar-
bor Patrolmen Kerry Smith and
John Devine to the stand and
heard their testimony that they
saw the defendant throw a rock
at a deputy. Albert and a com-
panion he was with on the night
of his arrest denied that they had
thrown anything or were adding
to the chaos, but Elden found Al-
bert guilty as charged.
MissyDiane J. Bennham, 25, of
825 Sylvan St., was brought to
trial Monday in Elden's- court on
a similar charge of contention. A
six-man jury returned a guilty
verdict Monday morning after
the court recessed for the week-
end.
Ann Arbor Patrolman John
Dailey said on the witness stand
that he arrested Judy Jeska, 17,
812 E. Kingsley, on June 17. He
explained that as he led her away,
Miss Bennham attempted to yank
her from his custody. Another of-
ficer immediately aided him and
both girls were arrested, Dailey
continued.
Defense counselor James White,
a 'University law professor, called
to the stand James Smith, who
testified that Miss Bennham was
getting up from the ground when
seized by police.
Other defense witnesses claimed
that warnings given to the crowd
before police advanced were either
partially heard or not received at
all.
The jury found Miss Bennham
guilty after about three hours of
debate. Miss Bennham comment-
ed after the trial, "They've simply
got the wrong girl."
Both Albert and Miss Bennham
received a July 9 sentencing date
from Elden. Bonds were continued
in both cases.
In action pending in Elden's
court, Kent Livingston, 17, of 2736
Georgetown Blvd., is being repre-
sented in a jury trial by Lawrence
Sperling, a local attorney, on a
charge of contention on June 17.
The trial went on for about five
hours yesterday, and final argu-
ments and charging of the jury
by Elden will take place this
morning at 8:30.
(Continued from Page 1)
budget. The state contribution
would then be reduced according-
ly. The University presently uses
unrestricted alumni contributions,
for example, to cover some over-
head expenditures.-
To become law, these amend-
ments would have to survive cur-
rent negotiations in the joint Sen-
ate-House conference committee,
and then win approval in both!
chambers of the Legislature.
None of these controversial
amendments weresincluded in the
Senate version of the bill passed
in May, and the conference com-
mittee is expected to eliminate
House hikes'
IU' budget
(Continued from Page 1)
twice as great this year as last
year. For this reason alone, the
higher education appropriations
bill is considered one of the knot-
tiest problems faced by a confer-
ence committee this session.
In addition, last year's Senate
bill was announced just after the
release by the state auditor gen-
eral of allegations that the Uni-
versity was guilty of questionable
bookkeeping procedures. But, tem-
pers had cooled on this issue by
the time the bill went to confer-
ence committee.
Furthermore, last year both the
Senate and House proposals for
the University fell below the gov-
ernor's recommendation. Senate
members of the conference com-i
mittee are considered unlikely to
approve of an appropriation which
is above that level.
some, if not all, of the restric-
tions.
And even if the amendments
are passed into law, they may be
declared unconstitutional.
Sen. Charles Zollar (R-Bentoni
Harbor), chairman of the power-i
ful Senate Appropriations Com-
mittee, yesterday asked Atty. Gen.
Frank Kelley to rule on the le-
gality of several of the new
amendments.
A spokesman for the attorney
general said his office would at-
tempt to issue aruling as soon as
possible. But he noted that the
issues were complicated, especial-
ly since they are related to the
handling of cases already pend-
ing in court.
The University, Wayne State
University and Michigan State
University are presently challeng-
ing the constitutionality of a
number of provisions embodied
in former appropriations acts, as
well as other acts.
These contested laws include re-
strictions on the use of general
fund appropriations, the use of
capital outlay funds, and the
number of out-of-state students
at the University.
The general thrust of Univer-
sity litigation has been based on
the contention that the state con-
stitution guarantees the Regents
and the governing boards of WSU
and MSU the right to control all
financial operations of their re-
spective institutions. This is com-
monly known as the argument for
autonomy of the University from
legislative control.
In their arguments, legal coun-
sel for the governing boards have
placed considerable weight on ar-
ticle 8.5 of the constitution.
This article states, "Each board
shall have general supervision of
its institution and control and weeks ago by ,Rep. Thomas G.
direction of all expenditures from Ford (R-Grand Rapids). At the
the institution's funds." time, Ford said he did not expect
University officials have criti- House approval, but thought the
cized the restriction on tuition. proposal would find favor in the'
but have declined to comment on' Senate.
the other House amendments to Rep. Raymond J. Smit (R-Ann
the appropriations bill. Arbor) said he now expects the
The tuition-limiting provision conference committee to leave this
was first proposed about three ' amendment in the final bill.
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