HARVEY
AND THE CITY
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Vol. LXXIX No. 42-S Ann Arbor, Michigan-Saturday, July 12, 1969 Ten Cents

Four Pages

Gun not 1inked
to six murders
Police say weapon used
only in Phillips slaying
By JUDY SARASOHN
State Police yesterday eliminated the possibility that the
gun which they say was used in the murder of Margaret
4Phillips had also been used in two previous area slayings.
County Prosecutor William F. Delhey said that ballistic
tests proved the found gun could not have been used in the
murders of Jane Mixer, a University law student, last March,
ard Alice Kalom, a graduate student in sociology, last month.
All three University coeds were killed by a .22 caliber gun.
A, The police began searching the Huron River Monday
when Clifford Shewcraft, an aquaintance of Ernest Bishop.
accused murderer of Missl
H RC - jPhillips, informed them that
Hties he saw Bishop throw the gun
into the river from a U.S. 23

Court
4con
Spock
BOSTON (iP)-The draft con-
spiracy convictions of Dr.
Benjamin Spock and three
others were thrown out yes-
terday by the 1st U.S. Circuit
Court of Appeals, which also
ordered Spock and one other
acquitted.
The appeals court, however,
ordered new U.S. District Court
trials on conspiracy charges
against the Yale University chap-
lain, the Rev. William Sloane
Coffin Jr., and author and teacher
Mitchell Godman of Temple,
Maine.
Ordered acquitted with the
famed pediatrician was Michael
Ferber of Boston, a Harvard grad-
uate student.
The four men were convicted
June 14, 1968, of conspiring to
counsel youngmen to violate Se-
lective Service rules. Five had been
indicted on the charge Jan. 5,
1968, but one defendant, Marcus
Raskin of Washington, was
acquitted by the trial jury.
The appeals court held there
was insufficient evidence that
Spock and Ferber intended to use
illegal means or adhere to illegal
aspects of an antiwar, antidraft
agreement.

throws
victions

out
in
case

draft

"cornplaint,
onpolice
By ALEXA CANADY
A complaint charging the Annj
Arbor Police Department and the
Star Bar with racial discrimina-
tion has been filed with the Mich-
igan Civil Rights Commission by
the Ann Arbor Human Relations
Commission.
The complaint is an outgrowth
Of a series of charges and counter-
charges concerning the arrest and
alleged beating of a Human Re-
lations Commission staff member,
Ray Chauncey, by Wade Wagner,
then an Ahn Arbor police officer.
Chauncey claims he was mis-
takenly arrested while on a legiti-
mate assignment by the HRC and
then hit twice in the mouth at
the police station by Wagner.
Wagner, who was hired as a
Washtenaw County sheriff's dep-
uty after quitting the city force
*Xlainis he arrested Chauncey when
the HRC worker acted in a dir-
orderly manner in the Star Bar.
Wagner has said that while he
was following normal booking
procedures "he (Chauncey) re-
sisted and made an overt act in-
dicating his intent to strike me. I
*0ok defensive and positive action!
and subdued him."
The charges against Chauncey
have since been dropped.
HRC decided to file the com-
plaint with the Civil Rights Com-I
mission after a heated hour of
debate at their meeting on June:
"4 during which the assistant di-
rector, Bob Hunter, stormed out.
At that time David Cowley, HRC
Director said -he felt the Civil
Rights Commission could make a
more objective view of the inci-
dent than HRC or the police,
_,Which both had personnel directly
involved in the case.
Officials at the Michigan Civil,
Rights Commission's Detroit of-
fice say the complaint filed by
HRC cannot be considered official
because there are two respondents
the police department and the
.,tar Bar.
"Separate complaints are nec-
essary in order , for the Civil
Rights Commission to hold the
confidential investigation which is
required by its policy," the offic-
ial explained."

bridge.
The weapon was found Thurs-{
day.
Delhey also said yesterday that
Miss Phillips' papers and records'
have been investigated and de-
tectives have "talked to people
associated with her, and we have
found noindication that she was
investigating the other murder!
cases or had any unique or spec-
ial knowledge of the other murder
cases."
There had been reports that
Miss Phillips had been making a
study of the six previous slayings
of young women in the area..
Delhey said Thursday night, "We
had an excellent case even with-
out the gun." He added that the
successful search adds credibility
to an account given by Shewcraft
Who reportedly saw and talked
with Bishop the night of the mur-
der'.
Shewcraft testified at Bishop's
preliminary examination Wednes-
day that the defendant had
bought a .22 caliber gun in Lan-
sing. The gun was in Shewcraft's
possession July 4, until 11 p.m.
when Bishop asked for the wea-
pon, explaining he was going to
collect some money from a man.
Later that night Bishop went
back to Sheweraft's apartment
looking "scared," said Shewcraft
The two men went for a ride,
Shewcraft testified. At that time,
Bishop' allegedly told him, "This
guy (not referring to himself) shot
a girl three times and I saw the
last bullet go through her head."
Bishop got out of the car then,
and threw the gun in the Huron
River, according to Shewcraft's
testimony.

-Associated Press

On the bea ch

Mr. and Mrs. John Guillia of Cuyahoga Falls, Ohio, and "four of our eight kids" camp on a jetty near
the Cape Kennedy space center awaiting the launch next Wednesday of Apollo 11 in its projected
moon flight. While Guillia prepares a meal, Mrs. Guillia goes over a moon chart with two of the chil-
dren and the other two soak up some Florida sun in the above-90 degree weather.
SIDEWALK DISPUTE:
Cit poice arrest three

in

Whis

Three persons were arrested
early this morning outside the
Whistle Stop restaurant on South
Forest Ave. near South University
in an apparent dispute over a
table and chairs placed outside
the restaurant on the sidewalk.
Two of those arrested' were
Whistle Stop employes, Jacque-
line Evans and Grant Fischer.
Audrey Simmons was also ar-
rested.
Police last night refused to con-
firm the names given by friends
of those arrested but said only
that two were adults and one a
juvenile. Miss Evans was arrested
for use of profane language and
Fischer for obstructing an arrest,
police at the Whistle Stop said.

It ruled that Coffin and Good- -Aswociated Press
man were not entitled to acquit-
eiidt alsbut weeniteDr. Benijamin Spock talks with reporters
because their rights had been pre- *--_
judiced when U.S. District Court SOUTH END:
Police also refused to explain but also said he knew of no such Judge Francis J. W. Ford tod*
the incident, saying they would complaint last night. Gartee said their jury to answer 10 specific
not discuss it until the cases were the sergeant, then promised to questions in addition to returning
heard in court. send out two detectives to inves- verdicts.
Richard Gartee, manager of the tigate. The Circuit Court's ruling was
Whistle Stop, said the dispute be- However, more police arrived in- written by Chief Judge Bailey
gan when police ordered him to stead and ordered the sidewalk Aldrich and concurred in by Judge
remove a table and chairs from cleared of both eonle and furni- Edward M. McEntee.

the sidewalk outside the restau-
rant. They refused to give him a
reason for the order, he charged.
The Whistle Stop previously
had the table outside for at least
one month without incident.
Gartee then said he called the
desk sergeant at City Hall and
asked the legal grounds for the
order. The sergeant, he said, told
him there were none unless a
noise complaint had been filed,

ture. There were then more than'
75 people around the small res-
taurant.
Gartee told Miss Evans to go
outside and get the officers' badge
numbers. She did, and witnesses
said she returned to the restau-
rant saying, "I got the pigs'
numbers."
Witnesses said police apparently
heard Miss Evans and charged
after her with clubs raised to
arrest her for use of profane lan-
guage. Fischer was also arrested
at that time for obstructing her
arrest, they said.
The witnesses also said Miss
Simmons was arrested while try-
ing to obtain signatures to a
statement that Miss Evans had
used no profanity. They said she
inadvertently stepped over the
line police had drawn and ordered

Army using open sites
to test lethal nerve gas

In a partially dissenting
ion, the third judge, Fran
Coffin, held that all defen
Each of the four had been
tenced to two years in prison
Spock, Coffin and Goodmar
were fined $5,000 each. F
was fined $1,000.
The questions the court ob
to being put to the trialj
included: "Does the jury fir
yond a reasonable doubt tha
defendants unlawfully, knou
and wilfully conspired to co
Selective Service registran
knowingly and wilfully refus
evade service in the armed fo
The court said that alt:
the judge instructed the ju
answer the questions after r
ing a verdict in the case,"
progression of questions ea
which seems to require an a
unfavorable to the defenda
reluctant juror may be led t
for a conviction which, in
large, he would have resiste
The court ruled that the
Amendment to the U.S. C
tution which guarantees the
of free speech "does not, p
require acquittal."
"We approach the constitu
al problem on the assum
which we will . . . support
the ultimate objective of de
ants' alleged agreement;..
expression of opposition to
war and the draft, was lega
that the means or interm
objectives encompassed both
and illegal activity . . ."

n in

WASHINGTON (R) - A House
subcommittee said yesterday a
Pentagon report reveals that the
Army is conducting open air tests
of lethal nerve gas at three widely
scattered posts.
Chairman Henry S. Reuss said
the information was declassified
by the Army at the subcommit'-
tee's request.
The military also unveiled the
extent and nature of its program

I--, A - - I- .. -l,_ Lh4 - -w/ kAVk"o~,. - "j

du-the crowd to stay behind.
in documents supplied to a House tard, according to the Army docu- Police would not verif the re-
government operations subcom- ments. portliast night.
meThe gases are packed in bom- The police then continued to
In addition to the Dugway Prov- blets ,landmines, mortars, artillery keep the sidewalk outside the res-
ing Ground in Utah, where about, shells and rockets. taurant clear, ordering the crowd
5,000 sheep were accidentally kill- behind a line which divides a
ed last year by nerve gas, the! 'The documents are the first ad- small patch of cement belonging
deadly gases are being tested at mission that open air gas testings to the Whistle Stop from the pub-
the Edgewood Arsenal in Mary- have been conducted at locations lic sidewalk
land and at Ft. McClellan, Ala. outside Dugway, c o m m i t t e e Gisewal
soures sid.Gartee called Mayor Robert
The gases include Tabun, Sarin, sources said. Harris to complain, and Harris
Soman, VX-which was responsi- They are also the first indica- said he could do nothing until
ble for the sheep kill-and mus- tion of the extent of the tests, Monday when he hears the police

r
t

nk M.
idants
n sen-
n, and DETROIT UP-The 19-year-old editor of the suspended
n also Wayne State University student newspaper says she will
Ferberpublish a paper "whether (WSU President William R.) Keast
jected likes it or not." Miss Cheryl McCall told a news conference
jurors yesterday that "I'm going to put out a paper, man. No one
id be- is going to stop us-no one."
at the Keast suspended publication of the South End yesterday, saying
"ingly he was "convinced that its publication would do serious damage to
ounsel Wayne State University and to the future of student journalism
ts to,
se and here."
Drces." The suspension came just a day after the WSU Board of Gover-
hough nors established a Student Publication Board which will be composed
ury to of four students and two faculty members.
each- Keast said the suspension will continue until the new board "has
'By a had an opportunity to develop policies and guidelines consistent with
ch of the recommendations of the Student-Faculty Council as approved by
nswer the Board of Governors."
ant, a Calling Keast a "lackey" of the State Legislature, Miss McCall
n the said the WSU president "won't allow freedom of the press. He's afraid
." of the truth getting out to the people."
First Keast declined to comment after issuing a short statement an-
onsti- nouncing the suspension.
right The issue scheduled for distribution yesterday was a 24-page
'er se, special edition devoted to what Miss McCall described as "the cul-
tural revolution."
ution- She said a four letter word often regarded as obscene appeared
ption, in some stories in- the issue, particularly in one by John Sinclair,
, that White Panther Party minister of information.
efend- Miss McCall said the issue "went into media, underground radio,
., the the new life style of communal living, books," and other aspects of
,o but the cultural revolution.
ediate It reportedly was planned for wide distribution at a meeting
legal currently in Ann Arbor of the Underground Press Syndicate, a news
service for underground newspapers.
PONSORSHIP
Sunday..,concerot
er members held a picnic through changes to show our good faith,
'hols Arboretum, and only and the city ought to do the same."
s appeared. Robert Ashley, who was one of the
ved in the committee be- originators of the sponsoring committee,
al aura is not a necessary said the group did not want to have a
he concerts," said Ronald concert where there would be any "noise
an relations director of the problems."
lic schools. "We would not "We'd also prefer to have the conceit
some of the past activities scheduled for a new place so there would
nd I certainly do not want not be any unpleasant associations," said
n," he said. Ashley. "Gallup Park presents a policing
r, White Panther minister problem that goes without saying, and
, said, however, that the there is no need to aggravate the situa-
ordinance was not a "real tion.
will still have to deal with The concert will be held Sunday from
Count, Sheriff Doulas 3 p.m. to 6 p.m. The revised ordinance

according to the sources.
The' Army said it tested 67 dif-
ferent gas weapons at Dugway
and 47 at Ft. McClellan between
April and June of this year. About
110 were to be tested either in the
same three-month period or dur-
ing the first quarter of the current
fiscal year at Edgewood.
The open air tests at Ft. Mc-
Clellan were limited to deconta-
mination and detection exercises,
the documents said. The Army
said that portions of mustard gas
and two types of nerve gas are
poured on a surface for training
purposes.
The Army said it will have
tested 358 additional devices at
Dugway and 129 at Edgewood
during the next three months-a
marked rise over the testings for
the last quarter of fiscal 1969.
The weapons contain gas rang-
ing in amount from a few grams
to about 10 pounds.
Subcommittee Chairman Henry
S. Reuss (D-Wis) said the Army,
is continuing to classify and
withhold certain information. He
said this included the tyne. na-

story.
.Also arrested earlier, last night
at the Whistle Stop was an uni-
dentified juvenile who police
charged with violating the city's
curfew ordinance for minors.

NEW S

City permits,

By JUDY SARASOHN
The city administration yesterday issued
a permit to a newly-formed citizens group
for a rock concert in "Huron Uplands" this
Sunday.
Huron Uplands is University-owned
property adjacent to the Huron High
School parking lot off Fuller Road. The
city will lease the property from the
University for the day.
City Council Thursday night rewrote
a city parks ordinance to have the effect
of banning rock concerts from all present
city parks except Gallup Park and any
property leased by city for an event.
The major revision in the ordinance

White Panth
instead in Nic
50 motorcyclist
"I got invol
cause the illeg
condition of t
Edmonds, hum
Ann Arbor pub
be disposed to
in the parks, a
any laws broke
John Sinclai
of information
revised parks
solution." "We
(a sh fac' t

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