I Page Two THE MICHIGAN DAILY Saturday, February 3, 1973 PENTAGON PAPERS Defense motion for mistrial denied By AP and UPI media. LOS ANGELES - U. S. Dis- Earlier yesterda in written mo- trict Judge Matt Byrne yesterday Eier eseray, in wsken U.- denied amto ttePnao tions, defense attorneys asked U.S. Papers trial to dismiss all charges District Court Judge Matthew against Daniel Ellsberg and An-I Byrne t dismiss the gras bjury thony Russo on grounds the gov- ind nts wi accues oth ernment had withheld information defendants of espionage, conspir- about their possible innocence. ac3' and theft. Byrne also denied another mo- They accused the government of tion by an attorney for Russo for "deliberate and knowing conceal- a second mistrial in the case in- ment from the grand jury" of evi- volving the leaking of secret gov- dence which would show the de- ernment papers to the news fendants innocent of most of the I i..o.r wig 1 f .,. w . ... ' . . . F.. ,; charges. despite his court order last spring be useless to an enemy when the "Now the truth is out," said the he be given such studies. He ruled defendants are alleged to have cop- motion, enumerating allegations that at least 13 of them contain- ied it in 1969. Such conclusions, that members of the Justice De- ed "exculpatory evidence," t h a t showing "no or slight damage" to partment and Defense Department which could help show the defend- national defense from the release, as well as the special prosecutor ants' innocence. would be "exculpatory evidence," in the case, Asst. U.S. Atty. David The government prosecutor has the judge has said. Nissen "all concealed vital data said he believed the studies con- Ellsberg, 41, and Russo, 36, are from the court and defense coun- tained nothing which had to be re- charged in connection with t h e sel, data to which they are en- vealed under law. 1971 release of the documents to titled." news media. The government has ctBut the judge has repeatedly cit- been seeking to show through tes- The arguments came after a ed a U.S. Supreme Court decision, timony that they endangered their lengthy probe in which the judge Brady vs. Maryland, which held country by the release. turned up 37 government studies in 1963 that "the suppression by The defense motion said, "the which had not been shown to him the prosecution of evidence favor- defendants have spent over a year able to an accused upon request in a most devastating and expen- The Michigan Daily, edited and man- violated due process." sive defense against a devious and aged by students at the University of Michigan. News phone: 764-0562. Second The studies the judge first re- deceptive prosecution, only now to Class postage paid at Ann Arbor, Mich- quested last April 11 were those 1 be told that the government had igan. 420 Maynard Street, Ann Arbor, in which government analysts con- officially researched and produced Michigan 48104. Published dailyTues- cluded that much of the Pentagon's evidence to clear them of most of dlay through Sunday morning Univer- eue htmc ftePnaoseiec ocerteo oto sity year. Subscription rates: $10 by secret Vietnam war history would the charges against them." carrier (campus area);:$1 local mail On Mich. or Ohio) ; $13 non-local mail 1 atergate bond set testmnvquestioned, WASHINGTON (/P)-U.S. DistrictISloan out of the presence of the Judge John Sirica yesterday set, jury and then electing to read that surety bonds of $100,000 for each I testimony to the jury was "the of the two men convicted in the I proper thing." Watergate trial and took the occa- "I'm glad I did it. If I had it sion to say that he had "great to do over again, I would do it," doubts of whether a key prosecu- he said. tion witness testified truthfully." Neither Gordon Liddy nor James McCord, the two former Nixon re- election campaign officials con- victed of conspiracy, burglary and illegal eavesdropping, was able to raise the bond immediately and Liddy's lawyer requested that his client be sent to the minimum se- curity institution at Danbury, Conn. Sirica referred to testimony given by Hugh Sloan, chairman of Nixon's re-election finance com- mittee, who had said he turned over $199,009 to Liddy but did not' know what it was used for. "I had great doubts whether Mr. Sloan has told us the entire truth in this case and I say it now anda I indicated that during the trial," the judge said. "I felt neither of you-the govern- ment or theudefense-asked Mr. ' Sloan any questions." The judge said his questioning of '.4 4 i ! I (other states and foreign). Summer Session published Tuesday through Saturday morning. Subscrip- tion rates: $5.50 by carrier (campus area); $6.50 local mail (in Mich. or Ohio); $7.50 non-local mail (other states and foreign). I " ..'"."" U qwmftft MEN&. ww ALM IIA OVI&D I " 'The tale of ror." Other.' A demonic undiminished hor- I Playboy Magazine Sat./Sun. Program Change as Announced The Sorrow & The Pity Had To Be Cancelled INSTEAD: DR. CHICAG Dir, by GEORGE MANUPELLI, Ann Arbor's Well Known Film Maker & Teacher Bizarre, Funny, Baffling & Entertaining Films About Dr. Chicago, a Sex Change Specialist & His Crowd. SAT.: 7-DR. CHICAGO 9:05-RIDE, DR. CHICAGO, RIDE SUN.: 7-CRY, DR. CHICAGO, CRY 9-DR. CHICAGO Hsinhua Photo via AP Chairman Mao greets Tho North Vietnam's Le Duc Tho, right, chief negotiator in the Vietnam cease-fire talks) shakes hands with Mao Tse-Tung in Peking Thursday. Tho re portedly thanked Mao for the "great help and en- couragement" China has given North Vietnam. Cupc wcv 6pihip epOice4 20th Century-Fox presents A Robert Muligan Production ineutner starring and introducing Uta Hagen Diana Muldaur Chris and Martin Udvarnoky as the Perry'TWins -ALSO- The stars of "Goodbye Columbus" in the hilarious "MADE FOR EACH OTHER" MON.: BEGINNING OF CAPRA FESTIVAL With: The Strong Man The Negro Soldier HURON HILLS. BAPTIST CHURCH: 3150 Glacier Way Pastor: Charles Johnson For information, transportation, personalized help, etc., phone 769- 6299 or 761-6749. UNIVERSITY REFORMED CHURCH 1001 E. Huron 9:30 a.m.-Discussion Classes. 10:30 a.m.-"In Remembrance of' Me." Speaker: Calvin Malefyt. The Lord's Supper. 5:30 p.m.-Student's supper, 75c. PACKARD ROAD BAPTIST 2580 Packard Road, 971-0773 Tom Bloxam, Pastor, 971-3152 Sunday School, 9:45 a.m. Worship: 11 a.m. and 7 p.m. Training Hour: 6 p.m. * * * LORD OF LIGHT LUTHERAN CHURCH (ALC, LCA) (formerly Lutheran Student Chapel) 801 S. Forest (Corner of Hill St.) Donald G. Zill, Pastor Sunday Folk Mass-10:30 a.m. Sunday School-9:15 a.m. Sunday Supper-6:15 p.m. Program-7:00 p.m. Wednesday Eucharist-5:15 p.m. * * * CAMPUS CHAPEL 1236 Washtenaw Rev. Donald Postema Services: ST. ANDREW'S EPISCOPAL F CHURCH, 306 N. Division 1' 8:00 a.m.: Holy Eucharist. 10:00 a.m.:, Holy Eucharist and V Sermon. C * * * S BETHLEHEM UNITED CHURCH'S OF CHRIST 423 S. Fourth Ave. Ph. 665-6149 a Ministers: T. L. Trost, Jr.; R. E.; Simonson. Associate Ministers: Dennis R. Brophy and Howard F. Gebhart. 6 9 a.m.: Morning Prayer. 10 a.m.: Worship Service and FIRST CHURCH OF CHRIST, SCIENTIST 1833 Washtenaw Avenue SUNDAY: 10:30 a.m.: Worship Services, Sunday School (2-20 yrs.). Infants' room available Sunday and Wednesday. Public Reading Room, 306 E. Li- berty St.: Mon., 10-9; Tues.-Sat. 10-5; Closed Sundays and Holi- days. For transportation, call 668-6427. Church School. * * * UNIVERSITY LUTHERAN CHAPEL (LCMS) 1511 Washtenaw Avenue Alfred T. Scheips, Pastor Sunday at 9:15 and 10:30 a.m- Worship Services Sunday at 9:15 a.m.-Bible Study. Wednesday at 10 p.m.-Midweek IRST PRESBYTERIAN CHURCH FIRST UNITED METHODIST 432 Washtenaw Avenue CHURCH and WESLEY FOUNDA-' Services of Worship at 9:00 and TION - State at Huron and Wash.. 0:30 a.m. Sermon: "Christ's First 9:30 and 11:00 a.m. - Worship oncern." Preaching: Robert E. Services. "Christ's Purpose for the and ers. Church." COLLEGE PROGRAM Broadcast on WNRS 1290 AM, Bible Study - Sundays at 10:30 WNRZ 103 FM, 11 a.m.-noon. .m.; Tuesdays-12:00 to 1:00. WESLEY FOUNDATION: Holy Communion - Wednesdays Sun., Feb. 4 - 5:30 p.m.-Cele- I :15 to 5:45. bration, Wesley Lounge; 6:15 p.m.' Supper Program - Wednesdays -Supper, Pine Room; 7:00 p.m.- 600. Program, Wesley Lounge, "Holy Square dance Friday 8:00. Spirit" with Terrence Tice. TONIGHT Midwest Premiere MACUNAIMA A PRINCE MUST FACE WOMEN, VIOLENCE AND MAGIC SOMETIME. \ In Eastmancolor 1~1 "The Marx Brothers, EL TOPO, and Fellini ... you'll laugh your head off!" --Lyons, WPIX, New York "A bawdy phantasmagoric journey." --CUE Mag. "An adult fairy tale. . . we just sit back and laugh!" --Gelmis, NEWSDAY "One of the major works of cinema of this &.9:05 $1 Architecture Aud. NEXT: "THE EMIGRANTS" __ _._._ _.__u. T _ __ _ { -.-- ._.. INSTA NT INFORMA TION 0 FRO AMERICA'S LEADING 10:00 a.m.-"Living Your Faith." Worship. I* * * 11:00 a.m.-Get acquainted hour. 6:00 p.m. - Celebration of Holy FIRST CONGREGATIONAL Communion. On the Campus at the corner of * * * State and William Sts. THE FIRST BAPTIST CHURCH Rev. Terry N. Smith, Sr. Minister 502 E. Huron St., Phone 663-9376 IRev. Ronald C. Phillips, Assistant NEW WORLD FILM CO-OP PRESENTS A Jazz and Blues Film Festival "MI NGUS" An intimate view of the great Charles Mingus and his music WITH "A WELL SPENT LIFE" .Mance Lipscomb's Country Life andmBlues BEST PERFORMANCE 1970 BLUES FESTIVAL PLUS A RARE BESSIE SMITH SHORT Complete Shows at 7:00 p.m. & 9:30 p.m. TUESDAY and THURSDAY Feb. 6 & 8I The official ASSOCIATED PRESS ALMANAC is more than 900 pages con- taining tens of thousands of facts-complete election returns, sports statis- tics, geographic information, guide to colleges, births, deaths ... infinity. It's all contained in this one, large volume that you can obtain through this news- paper for a special low price of only $1.50 plus 25 cents for postage and han- dling. Clip the attached coupon and send for your copy today. AP ALMANAC E The Michigan Daily (Ann Arbor, Mich.) - P.O. Box G22 Teaneck, New Jersey 07666 Enclosed is $ .Send me copies ' «,,A1--------9 e 0 eI....L decade." --N.Y. TIMES IA I I