Vol. LXXXI, No. 16-S Ann Arbor, Michigon-Wednesday, May 26, 1971 Ten Cents Eight Pages SEALE, HUGGINS CLEARED OF ALL CHARGES BY JUDGE DIFFICULTIES OF FAIR JURY SELECTION CITED NEW HAVEN, Conn. (R) - Superior Court Judge Harold Mulvey dismissed charges yesterday against Black Panther Chairman Bobby Seale and Ericka Huggins after ,conclud- ing that massive publicity made it impossible to select another impartial jury. The dismissal ruling came a day after the judge de- clared a mistrial in the case against the two Panthers when a jury of five blacks and seven whites reported it was hopelessly deadlocked. The case had drawn wide publicity due to charges that Panthers across the country have been tried on fabricated charges by governmental authorities. Many also questioned the likelihood of Panthers getting a fair trial anywhere in the country. The state's attorney, Arnold Markle, immediately fol- lowing the decision asked permission to appeal the judge's ruling, but Mulvey denied the request. "The state has put its best foot forward in presenting its case against these defendants," said Judge Mulvey yesterday. "They (the prosecutors) have failed to convince a jury of their guilt." "With the massive publicity attendant upon the trial just completed, I find it impossible to believe that an un- biased jury could be selected without superhuman efforts which this court, the state and these defendants should not be called upon either to make or to endure," the judge said. Huggins, a New Haven party leader, and Seale were two of 14 Panthers charged in connection with the May 1969 slaying of Black Panther Alex Rackley. The state charged that Seale had ordered Rackley's execution because Rackley was a suspected police informer. Seale denied any com- plicity in the killing. The Panther chairman and Huggins were charged with kidnaping resulting in death, and aiding and abetting murder - both capital offenses - plus conspiracy to kid- nap and to murder. In addition, Huggins was charged with binding with criminal intent. Huggins was immediately freed, and she was mobbed by Panther sympathizers as she left the courthouse. But Seale, who co-founded the Black Panther Party with Huey Newton in 1966, remains in custody, still facing a four-year contempt of court sentence stemming from the Chicago 8 conspiracy trial. See CHARGES, Page 7 BLACK PANTHER CHAIRMAN Bobby Seale (left) leaves the courtroom in New Haven Monday, while Ericka Huggins, free for the first time in two years, rejoices outside yesterday. Seale and Huggins yesterday won dismissal of murder, kidnap and all other charges against them. DOVES FAIL AGAIN: Senate defeats bill1s to li-mit draftee dt WASHINGTON (P) - T h e Opponents to the Nelson pro- Principal target of the move Senate rejected legislation yes- posal, led by Sen. John Stennis would be the McGovern-Hatfield terday that would have forbid- (D-Miss.), said the amendment amendment to cut off funds for den the use of draftees on com- would have crippled efforts to U.S. operations in Indochina af. bat assignments in Southeast attract more volunteers into the ter Dec. 31. It would be aimed Asia. Army, also at a threat by Sen. Mike The vote was 50 to 21 against InsteadGravel (D-Alaska), to filibuster the proposal by Sen. Gaylord said, men would have waited for Gae DAak) oflbse Nelsonr t ) w cond induction, knowing it carried a in an effort to prevent draft ex- ed that "the purpose of t he guarantee against c o m b a t as- tension before the June 30 ex- draft is to implement national signment. piration of the present Selec- policy, and national policy is to But Se Gaylord Nelson tive Service Act. get out" of Vietnam. Wis.), chief sponsor of the ______-__ amendment, said the regular Earlier, by an even more lop- Army, drawing on men who en- sided tally of 61 to 7, the Sen- listed voluntarily, should be able ate rejected an amendment by to supply manpower for Viet- Sen. John V. Tunney (D-Calif.), nam combat units. to bar the sending of draftees to He said draftees now are bear- any combat area in the world ing an inordinate share of the unless they volunteer or Con- casualties - 57 per cent during gress authorizes it. 1979. "You're asking them to risk their lives for a cause that is not in the interest of this coun- try," Nelson said. Stennis insisted that with draftees ruled out, the Penta- gon would not be able to meet Vietnam manpower require- ments. Senators fighting for a one- year draft extension, due to be voted on along with an all- volunteer proposal a week from Friday, feel that approval of the bigger pay increases would help their effort. Republican Leader Hugh Scott of Pennsylvania said, mean- while, that an effort to limit further debate on the draft bill is likely to be made after next Friday's votes. Democratic Lead- eMike Manafield of Montana-My said he probably would join re- Col. Oran Henderson, right, ye luctantly the move to invoke counsel Henry Rothblatt. Evide Sen.Stenns cloture, charges he attempted to cover -Associated Press Lai hearing continues sterday leaves the courthouse at Ft. Meade, Md., with chief civilian ence hearing continued yesterday in Henderson's court martial on up the My Lai massacre. I