TUESDAY, JUNE 7, 1966
THlE MICHIG~AN fDAILY
7'sC± c nrYrY2 * '
..
P'AGE THREE
:.
Supreme
Sheppard
Court
Tried
Declares
Unjustly
Retrial May
Come Within
S ixty Ida ys
Justice Clark Says
Jury Prejudiced by
Newspaper Reporting
WASHINGTON (P) - The Su-
preme Court ruled yesterday that
*prejudicial publicity and "bedlam"
in the courthouse denied Dr. Sam-
uel H. Sheppard a fair trial in
the buldgeon slaying of his first
wife.
"The carnival atmosphere at the
trial could easily have been avoid-
ed," the court said in ordering
the former Cleveland osteopath
freed unless the state gives him
a new trial "within a reasonable
time."
It was not immediately clear
whether there will be a retrial.
The trial judge, said Justice
Tom C. Clark in the 8-1 decision,
"should have adopted stricter
rules governing the use of the
courtroom by newsmen, as Shep-
pard's counsel requested."
But, Clark said, "the fact is
that bedlam reigned at the court
house during the trial and news-
men took over practically the en-
"k tire courtroom, hounding most of
the participants in the trial, espe-
cially Sheppard."
Prejudicial Accounts
Had trial Judge Edward Blythin,
now dead, restricted "prejudicial
news accounts" which seeped in-
to the jury, Clark said, Sheppard
could have been guaranteed a fair
trial.
"We do not, of course, pass on
the guilt or innocence of Shep-
pard, only whether he had a fair
trial," said the silver-haired jus-
tice.
It was a detailed indictment of
the news media's handling of the
case and the "free rein" given
them by Judge Blythin.
"We believe," said Clark, "that
the arrangements made by the
judge with the news media caused
Sheppard to be deprived of that
judicial serenity and calm to
which he was entitled."
During the nine-week trial, Clark
said, "the intense publicity contin-
ued . . . As the trial progressed,
the newspapers summarized and
interpreted the evidence, devoting
particular attention to the ma-
terial that incriminated Sheppard,
V and often drew unwarranted in-
ferences from testimony.
Bloodstained Pillow
"At one point, a front-page pic-
ture of Mrs. Sheppard's blood-
stained pillow was published after
being 'doctored' to show more
clearly an alleged imprint of a
surgical instrument."
There is no doubt, Clark added,
"that this deluge of publicity
reached at least some of the jury."
Then, ranging beyond the Shep-
pard case alone, Clark said all
courts must take steps "that will
protect their processes from prej-
udicial outside interferences."
Sheppard got first word of the
ruling from his son, Samuel
Sheppard, Jr., 19, at their home
in a suburb of Cleveland.
"Thank God!" he said. "It was
a great reassurance of the free-
doms we have in this country and
a resurgence of the faith that I
had at one time lost."
In Columbus, Gerald Donahue,
an assistant to Ohio Atty. Gen.
William B. Saxbe, said: "As far
as the state is concerned the case
is closed. If there is to be a re-
trial it is up to Cuyahoga Coun-
Y
In Cleveland, the county prose-
cutor, John T. Corrigan, said, "I
cannot make any decision until I
read the opinion."
Other Rulings
Overshadowed by the Sheppard
decision were significant rulings
I by the Supreme Court in the
controversial area of contempt
judgments.
-Associated Press
Gemini astronauts Cernan (left) and Stafford (right) are shown here on the deck of the carrier
Wasp yesterday after their "splash-down."
Flight Success as Astronauts
Land Gemini Craft on Target
Belgium To.
Be New Site
For NA TO
Military Headquarters'
To Leave France,
Council Move Seen
BRUSSELS (P)-France's part-
ners in the North Atlantic Treaty
Organization leaped a major hur-
dle yesterday and decided on Bel-
gium as a new site for the alli-
ance's military headquarters. But
they ran into rough going on
whether NATO's political council
should also be moved from France.
Foreign Minister Joseph Luns
of The Netherlands told reporters
after the opening meeting of
the Council of Ministers that a
special session was set for October
to consider transfer of the poli-
tical headquarters, which France
apparently wants to keep in Paris.
Luns said, however, that the 14
foreign ministers agreed that it
was important that both the po-
litical and military arms of the
alliance should be close together
because cooperation between them
was imperative.
This seemed to indicate that
despite some reluctance by Can-
ada and Italy to take the step, the
political council also will move to
Belgium. U.S. Secretary of State
Dean Rusk and British Foreign
Secretary Michael Stewart strong-
ly argued this course at the min-
isters' two-hour meeting.
Avoid Provocation
Foreign Secretary Paul Martin
of Canada declared that noth-
ing should be done to provoke
President Charles de Gaulle. Italy's
Amintore Fanfani said it would
be inviting trouble ahead of de
Gaulle's mission to Moscow later
this month.
Belgium had been equally re-
luctant to take the military head-
quarters, reflecting public fears
that such a move would make the
little country a target in any fu-
ture war.
France has ordered military
headquarters and all other NATO
bases to quit France by next April
1, and is withdrawing its own
military forces from NATO July 1.
Luns also° confirmed that the
NATO Defense College will be
moved from Paris to Rome, and
that the American-British-French
standing group based in Wash-
ington will be abolished. The
standing group supervised strate-
gic planning in NATO
Several of the larger NATO na-
tions, including the United States,
Britain and to some extent West
Germany, feel that de Gaulle can-
not be permitted to keep the
NATO Political Council, while
ousting its military machinery.
Decision in Principle
They expressed hope for at least
a decision in principle on the
NATO Council move. They were
supported by Belgium, The Neth-
erlands and Iceland, conference
sources said.
Taking a contrary view, a Ca-
nadian source said: "We believe
that no hasty action should be
taken now on the NATO Council.
Perhaps if we leave the NATO
Council in Paris it will ease the
negotiations with France on fu-
ture cooperation with the alli-
ance. If the council leaves, the
door may be shut."
There was vrrually no hope,
however, that de Gaulle would
ever reverse his bitter opposition
to NATO's integrated military
structure. But he has indicated
he would be willing to cooperate
closely with his partners in time
of war.
Junta, again demanded that Pre-
mier Nguyen Cao Ky resign, and
braced for a long fight.
Shortly after the government
announced an increase of the 10-
man military junta by an equal
number of civilians, Buddhist
crowds roared defiance to the go-
vernment at a rally. It appeared
the political truce between the
regime and the Buddhists had
collapsed.
Unrest again stirred in Hue, the
far north stronghold of Buddhist
extremists who demand Ky step
down and let a civilian regime
take over. Buddhist leaflets scat-
tered in the city described Presi-
dent Johnson as a "colonialist."
As the political truce appeared
to be cracking wide open after
days in which U.S. officials hope-
fully saw a solution to the crisis,
the ground war remained quies-
cent. There were only scattered
patrol fights. In the day's only air
action reported, B52s from Guam
raided a Viet Cong base 65 miles
northwest of Saigon, plastering
it with 750-pound bombs.
American planes made one of
the largest leaflet drops of the
war over the Red River delta area
east of Hanoi, the North Vietna-
mese capital. They loosed 2.8 mil-
lion leaflets telling soldiers to
be sent south they would be treat-
ed well if they surrender or are
captured. A U.S. spokesman said
this was to counter Communist
propaganda that the soldiers
would be killed if they gave them-
selves up.
Meanwhile, the Buddhists were
badly split on the question of
adding 10 civilians to the junta.
Thich Tam Chau, head of the
Buddhist Institute and leader of
the moderates, negotiated the ag-
reement last Wednesday. When
the militants denounced the
agreement, he tendered his resig-
nation but the committee of the
Unified Buddhist Church refused
to accept it.
The Buddhist rally in Saigon
was held at the compound of the
Buddhist Institute, the political
arm of the militant Buddhists.
Gray-robed monks finally calmed
the 7,000 Buddhists by ordering
them to prepare for "a long, long
fight."
None of the civilians added to
the junta represented the Insti-
tute. Two were Roman Catholics
and eight were moderate Budd-
hists and members of that reli-
gion's splinter sects, the Cao Dai
and Hao Hao.
"This cannot solve anything but
only increase the opposition from
the people," the Institute. declared
in a statement about the list.
An Institute spokesman said
SAIGON (oP) - Militant Budd- the Buddhists would not join the
hists yesterday scorned an at- government, but gave no indica-
tempt to attach some of their tion of whether he hoped the mo-
moderate members to the ruling derates could be deterred from
WANT KY OUSTED:
Buddhists Forsee Long Fight
serving. The Institute again de-
manded the resignations of Ky
and Gen. Nguyen Van Thieu, chief
of state.
The military regime was ada-
mant. The 45-member Armed
Forces Council, party of the gov-
ernment apparatus, voted firm
confidence in Thieu and Ky. The
vote was 42 for with three blank
ballots.
The decision of the generals
meant that the clash between the
government and the extremist
Buddhist elements may continue
with its emotion-laden crowd ap-
peal and possibly more human
sacrifices.
Regression
For all practical purposes, Viet
Nam was, back to where it started
five days ago when representa-
tives of the Buddhist Institute
met the government to arrange
the precarious political truce that
stopped weeks of violent street
demonstrations.
"The bridges between the gov-
ernment and the Institute are
burned," commented an Ameri-
can diplomat.
The ruling Junta, now 20 men
strong, supervises the country's
government. It is assisted by the
Armed Forces Council, the whole
forming a complicated political
machine.
It was to appease the Buddhist
extremists that Ky and Thieu
agreed to include civilians in their
junta in arranging the political
truce.
But it seemed that the Budd-
hist Institute and its power-be-
hind-the scenes, Thich Tri Quang,
had one idea in mind-get rid of
Ky and Thieu.
Neither Ky nor Thieu showed
any desire to step down and, for
the time being at least, are sure
of the backing of their fellow
generals - a considerable force
in divided South Viet Nam.
Continuing Opposition
No one, however, was certain
how to cope with the continuing
opposition by the radical Budd-
hists.
At best, the Buddhists could try
to boycott the election of a Con-
stituent Assembly, set for Sept. 11.
At worst, they again could throw
mobs into the streets and monks
and nuns could again give their
lives in flaming suicides.
In Hue, clandestine radio broad-
casts declared troops were being
sent to the city to attack Budd-
hists in their pagodas. The popu-
lation was told to move their reli-
gious altars into the streets to
show Hue is Buddhist.
Monks helped people 'set up
their makeshift altars, mostly tab-
les draped with cloth and bearing
religious statues. Some narrow
streets became impassable because
of congestion caused by the altars.
world News Roundup
CAPE KENNEDY WP) -- Riding
a lucky east wind, the hot and
happy Gemini 9 pilots breezed
home yesterday with startling ac-
curacy-the last and best rendez-
vous of all-in three troubled days
of space flying and a world rec-
ord walk in the sky.
With Cernan making calcula-
tions on the' spacecraft computer
and Stafford steering the tiny ship
through the atmosphere, Gemini
9 plunked down in the Atlanticj
just half a mile short of the
landing point and only 3/2 miles
from the main recovery ship.
The flight accomplished a great
deal. It rehearsed some vital ma-
Student Job-S
neuvers and emergency techniques pletely divorce himself from the
that will be used when Ameri- life support and electrical system
cans land on the moon in a small of his spacecraft. The AMU has its
space cab, then fly back to an own systems.
orbiting mothership for the trip But his helmet visor clouded
home. And Cernan's walk gave over, and he had to abandon plans
some notionl of the problems to to shove off into space with the
be solved before man dares walk AMU.
on the lunar surface. The fogging also taught a les-
Fifty-one minutes after splash- son-apparently work in space is
down the astronauts were on the harder than comparable work on
deck of the ship, stepping brisk- the ground.
ly from their scorched and bat- Cernan estimated that it was
tered spacecraft with big smiles. four or five times harder to don
They shook hands all around and the AMU in space than in practice
with each other. sessions on earth. As a result he
For several minutes Cernan be- breathed heavily, which was the
came the first spaceman to com- probable cause of the fogging. The
®' - - excessive moisture load apparently
was too much for the suit tem-
ekers Cause wit.recontrol system to cpe
ekersCausieh.
By The Associated Press
MIAMI, Fla.-The U.S. Weather
Bureau here was informed by
Honduras weather men yesterday
that 30 inches of rain Sunday
night virtually obliterated San
Rafael, western Honduras, and 73
persons were reported dead.
* * *
WASHINGTON - The House
passed 194-89 yesterday a meas-
ure authorizing grants to univer-
sitieshor groups for graduate re-
search and training in interna-
tional studies-and similar under-,
graduate studies.
The bill now goes to the Senate.
PANAMA - Student disorders
spread to this capital yesterday
from the city of Colon where
clashes between students and Na-
tional Guard troops left two dead
and public buildings in flames.
A presidential p r e s s' office
broadcast said the demonstrations
earlier in the day in Colon, in-
volving some 500 students, were
led by "Communist elements" fol-
lowing directives of a recent Com
munist Tricontinental Conference
in Havana..
Student agitation in Colon has
been building up since last week
* * *
* * WASHINGTON - United Na-
PITTSBURGH - Civil rights tions Ambassador Arthur J. Gold-
pickets began a series of demon-
strations yesterday against the
U.S. Steel Corp., protesting what
they contend are discriminatory
employment practices against Ne-
groes.
Pickets paraded in front of the
firm's skyscraper headquarters in
downtown Pittsburgh and at its
southern regional headquarters in
the Birmingham, Ala., suburb of
Fairfield.
i
berg was reported to have told a
group of senators yesterday that
there is little hope for U.N. super-
vision of South Viet Nam's pro-
posed elections this fall.
He expressed strong backing for
a suggestion by Senate Democratic
Leader Mike Mansfield of Mon-
tana, who proposed the 1954 Ge-
neva Conference be reconvened
to take up the question of elec-
tion observers.
May Unemplo
WASHINGTON (P)-A flood of
student job-seekers hiked the na-
tion's unemployment rate to 4
per cent in May. It was the big-
gest monthly rise in two years and
gave added evidence to what the
government described yesterday as
slackening rate of economic
growth.
"I would expect a resumption
of economic growth and a decline
of unemployment," later this year,
said Commissioner Arthur M. Ross
of the Bureau of Labor Statistics.
Actually, the increase of 260,-
000 teenage job-seekers listed as
unemployed were still in school
in May and not ready to take a
job until June.
But because the government
counts as unemployed everybody
actively seeking work, these
youngsters helped swell the job-
less statistics to an overall total
of 2.9 million in May,
And, Ross said, the govern-
ment's own drive to provide at
least one million summer jobs for
youths is partly responsible for
increase in the number of young
job-seekers and thus boosting the
unemployment figures.
Women Contribute
Women entering the labor force
in May also contributed to the
jobless rise.
But the unemployment rate for
breadwinning married men re-
mained low at 1 8 per cent, and
the rate for all men 25 and older
stayed at a 13-year low of 2.1 per
cent.
"The demand for adult male
workers continued very strong, and
the rate of unemployment for
Cernan's foggy visor was the
last in a string of Gemini 9 mis-
fortunes that stretched back to
February when the prime pilots,
workers covered by unemployment Elliott M. See, Jr. and Charles A.
workrs cverd byuneployentBassett II, were killed in an air
insurance reached a new low," the crash. Backup pilots Stafford and
bureau said. -.
bureausaid.Cernan stepped in to take their
Ross said the one-month jump place,
in the jobless rate was not enough They were scheduled to chase
evidence to suggest a reversal of an Agena target satellite in the
the long term down-trend in un- skies May 17, but it failed to or-
employment. bit and the shot was postponed.
"There is every reason to feel Then there were two other delays.
the overall movement is still up- 'Finally when the astronauts
ward and that the unemployment chased a make-shift substitute
rate, conversely is likely to re- satellite into orbit last Friday,
sume its decline later in the they found in crippled by its
year," Ross said. shroud and looking like an "angry
Total employment rose more alligator" - barring any link-up
than 650,000, mainly in manufac- between the two craft.
turing and other non-agricultural Finally on the space walk, Cer-
work, while the total of unem- nan found his automatic maneuv-
ployed rose by 140,000, the bureau ering unit difficult to get into,
said. and his space helmet visor fogged
Despite the rise in employment up, cutting the walk short by 30
to a total of 73.7 million the num- minutes.
ber of jobless rose because the But the return to earth was so
civilian labor force increased perfect it washed away all the
about 800,000 to a total of 76.7 other frustrations.
million. Summing up the Gemini 9
In speaking of the large num- flight, George Mueller, associate
ber of high school and college stu- administrator for manned space
dents listed as unemployed in flight, said:
May, Ross said "this doesn't indi- "We did not ieet all the objec-
cate failure" in the drive to pro- tives .But it was a test flight and
vide summer jobs for youths. we had an ambitious set of ob-
"It doesn't prove they are not jectives to meet. We won't al-
going to get work," he said. ways succeed in meeting them all
But, Ross added, the failure of on a test mission.
the economy to keep pace with the "On the balance, it was an ex-
number of new job-seekers in May tremely successful flight. We
does add evidence to other fed- learned quite a lot, even about
eral statistics indicating a slow- those things that we didn't man-
ing rate of economic expansion. age to do."
He emphasized that it was a The space agency said that
slowing in the pace of the 5-year Stafford and Cernan would give
upward trend in the economic ex- the wrap-up of their space mis-
pansion, and not an actual down- sion at a news conference in
turn. Houston, Tex., June 17.
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