THE
Michigan Daily
Vol. LXXXIV, No. 26-S Ann Arbor, Michigan-Thursday, June 13, 1974 Ten Cents Twelve Pages
Judge alters position
on Ehrlichman notes
Delayed trial may be unnecessary

Calley all ears
Army Lt. William Calley (center) stands listening as his battery of defense lawyers (from left) Kenneth Hinson, Joe
Riley and Houston Gordon talk to the press outside the U.S. 5th Circuit Court of Appeals in New Orleans which is hear-
ing arguments on whether Calley should remain free on bail. Two appeals court judges disqualified themselves yester-
day from hearing the appeal because of their military backgrounds.
Irate blackbird hounds

WASHINGTON (M - A federal
judge said yesterday a "substantial
change" in President Nixon's posi-
tion on executive privilege may
make unnecessary a separate, de-
layed trial for John Ehrlichman in
the Ellsberg break-in case.
"I think we should proceed on
the assumption that possibly we
are to be able to proceed with no
severance or continuance of Mr.
Ehrlichman necessary," U.S. Dis-
trict Judge Gerhard Gesell said.
HE SAID he will rule today after
coif-rring with lawyers in the case.
Gesell modified his earlier demand
that he be the final judge of what
materials in Ehrlichman's files can be
produced for trial. What apparently
changed his mind was a sworn state-
ment from presidential lawyer Fred
Pihardt saying nothing remains in the
files Ehrlichman s'ibpoenaed "which
hears on the iss'e of guilt or innocence."
In effect. G-sill accepted the affidavit
in lieu of the remaining papers.
THE JUDGE last week received a
nm-ber f the Ehrlichman papers select-
ed by the White House as bearing on
the Plimbers case but was faced with
presidential insistence that Nixon would
decide in the end what could be used
at trial.
For those papers, Buzhardt waived
executive privilege yesterday and the
judge concluded the rules governing pro-
duction of material helpful to the defense
had been satisified.
The whole complex arrangement re-
mains subject to challenge by Ehrlich-
man's lawyers.
THE WHITE HOUSE restrictions on
access to the Ehrlichman files by the de-
fendant and his lawyers was the sticking
point that caused Gesell to say Tuesday
that Ehrlichmsn's trial would be severed
from that of the other three conspiracy
defendants and held at an unspecified
later time.
"Does the court correctly understand
. . . that a series of papers selected
from Mr. Ehrlichman's notes, now sub-
mitted in camera (chambers) to defense
counsel are free of any kind of priv-
ilege?" the judge asked Buzhardt.
"Yes, your honor" the White House
lawyer said.
"THAT SEEMS, to be a substantial
change," the judge commented.
Outside the courtroom, Buzhardt said,
"I don't know of any instance in which
we changed our minds since Friday"
when the issue was argued. "Judge
Gesell perceives a change. I'm not going
to disagree with the judge."
See JUDGE, Page 10

local sports announcer
By BARBARA CORNELL was out of the question since the in- Robert Payne, an ornithologist
Nature has added an extra obstacle cident had become a "matter of the University Zoology departm
to WUOM radio sportscaster Tom pride" for Hemingway. claims that the bird's behavior
Hemingway's trek to work - an irate quite natural but that a plague
male red wing black bird. RECENTLY, HOWEVER, he and red wing black birds attacks is
A few days ago, Hemingway took the bird seem to have come to a tem- imminent.
his bike on his habitual route to work porary truce. Now Hemingway slowly
when he said the bird "took a full run walks his bike past the forbidden HE SAYS THAT male birds n
at the back of my head and gave me area and the bird lets him pass un- urally tend to attack creatures w
a couple of good pecks." molested. encroach on their nesting ar
Hemingway, who has taken the Payne claims that the birds are
THE NEXT DAY he tried swatting same route to work for the past four ually not bold enough to alt
the bird with his tire pump but said years, says he has "seen birds give things as big as a man, but oa
the bird stayed .out of his range. you a look over but I've never been sionally it can happen.
In final desperation, Hemingway attacked." He has received much He added that the nesting se
tried arming himself with a squirt ribbing about his fine-feathered as- should be over within a few wek
gun full of ammonia. The bird still sailant, but he comments, "It's funny and Hemingway should be able
persisted. until you try to control a bike and shelve his battle fatigues and er
Taking an alternate route to work dodge a bird at the same time." his ride to work once more.

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