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May 11, 1971 - Image 3

Resource type:
Michigan Daily, 1971-05-11

Disclaimer: Computer generated plain text may have errors. Read more about this.

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Tuesday, May 11,1971 ANN ARBOR, MICHIGAN News Phone: 764-0552
oC" arized after
two weeks of protest

JIIGUI ALAN I I;DSAY vests rday tlisiu elitied himself fromn
hearing T he murder-kidnap trifl ci hirk mlilant Angelt oais
and her cc lelendasit Iturhel ea t
Jud ge steps down
SAN RAFAEL, Calif. 1P' 'fThe latest in a procession of judges
in the Angela Davis case disqualified himself yesterday, dAlaying
pretrial murder-kidnap her ings against the black militant intel-
lectual and a codefendent.
Miss Davis, an avowed Communist, is charged along with black
convict Ruchell Magee in the courthouse shootings which killed
a judge and three other persons last Aug. 7.
At a pretrial hearing Thursday, Magee made a peremptory
challenge of Superior Court Judge Alan Lindsay, specially assigned
to the case by the California Judicial Council.
Lindsay ruled yesterday that the challenge was valid and stepped
In felony cases under California law, a defendant has
one peremptory challenge which enables him to disqualify a judge
without giving a reason.
Any number of challenges are permitted for cause, meaning
that a good reason must be supplied. Miss Davis already had failed
in challenging Judge Lindsay for cause, contending in vain that
he was "a white racist." She has not exercises a peremptory
Magee earlied caused withdrawal March 17 of Judge John
1 McMurray of Inyo County, who agreed with Magee's contention
that he was prejudiced against him.
Lindsay then was assigned March 23 from Alameda County.
All five Marin County judges disqualified themselves because of
friendship for the slain Judge Harold Haley.
Magee had been sentenced up to life in prison on a 1963
kidnaping and robbery conviction. In the Aug. 7 shootout incident,
Magee was handed a gun while serving as a witness for another
convict, prosecutors charge. He is accused of firing the shot later
that killed Judge Haley.
Miss Davis, though not present, is accused of supplying the
guns that Jonathan Jackson, one of those slain, brought into the
courtroom. Under California law that would make her as guilty as
the person who committed the crime.

"The streets are ridisiz-
lusly quiiet'," said tle
Washington observer yes-
terdasy of the days following
Ist week's demnnstrati ns,
white dlebaies, neer te it'-
gality of puire ic tins
a'gaist pr otetters 'isd 11 h
fnd elinat Wair s'If run-
A spoesm let the V it-
nat Vet's'sns A'ainsi th Wari
said ai ial it being 1p 5rm ii
fli Arsmed Surc s tins. M5y I.
bee works 5d set
'the deis let by .,s weict
diemo.'slraliois has. ben cear
ed so sy andsiti tes m sis part
?i rissshn litet 1
ersremaists o the thousand
who had eitiher been isprisoied
or left town narched tirougis
the city putling copies of t1li
People's Peace Treaty or the
doors at gosernmenst of lices.
The y platnted to protest its
front of the South Vietnan ,s'
Embassy and the D.C. jail.
Police outnumbered the band
of marchers 5 to 1 and kept
them two blocks from the em-
bassy. They finally lost their
way trying to find ths' D.C.
jail and dispersed, endingD18
days of protest by thousands
against the Indochina War.
About 10,000 people arrested
last week have been released
and many have lef t the city
forfeiting the $10 collateral
paid to be released from jail
pending trial. The number of
arrestees awaiting trial is un-
known, but relatively small.
The handling of the arrests
drew both sharp criticism and
appraisal. Thursday night Ed-
ward Kennedy (D-Mass) said
that the Administration "under-
mined the Constitution" by us-
ing illegal procedures to make
mass arrests on Monday.
Angry speeches erupted on the
House floor the day following
demonstrations on the House
Before the House of Repre-
sentatives Rep. J o e Wagoner,
Jr. (D-Louisiana) said C o n-
gressmen who had supported
the protest did a "disservice to
this body and a disservice to
this country."
Rep. Bella Abzug (D-N.Y) re-
sponded that the House steps
where several congressmen ad-
dressed protesters are a tradi-
tional meeting place and de-
See D.C., Page 12

DEMONSTRATORS SIT in front of the Justice Department last
Tuesday waiting to be arrested by D.C. policemen.
Kidnapprobe goes on

government spokesman said yes-
terday a federal g r a n d jury
probe imto an alleged conspiracy
to kidnap a presidential advises
and destroy government prop-
erty would continue, and that
it was "possible additional in-
dictments would be returned.'
The jury, sitting since last
December, has indicted the Rev.
Philip B e r r i g a n and seven
others of conspiring to kidnap
Henry Kissinger and destroy
draft board records across the
William Connelly, a Justice
Department lawyer, said there
was no end in sight to the grand
jury's work.
Connelly testified before U.S.
District Judge R. Dixon Herman
at civil contempt proceedings

Women to Nixon: 'End the war'

against three persons who re-
fused to testify before the grand
jury although they had been
granted immunity from prose-
He said the testimony of
George McVey, a Rochester,
N.Y., dentist, and two college
students, Theresa McHugh, 20,
of Philadelphia and William
Gardiner, 21, of Morristown,
necessary in the continuing in-
vestigation of the case. Attor-
neys for the three had sought
unsuccessfully to have the grand
jury discharged.
They claimed that the jury,
in handing d o w n indictments
April 3, that increased the num-
ber of defendants from six to
eight, had completed its work
and did not need to hear more
The three claim their con-
stitutional rights would be vio-
lated if they were forced to
testify and maintained that
they could be charged on the
basis of their testimony,
In another courtroom develop-
ment, the defense attacked phn-
tostats of letters used in con-
nection with the charges against
the eight defendants as pre-
In an oral argument seeking
to have the case dismissed, de-
fense ateorney Leonard Boud-
in, .a Harvard Law School pro-.
fessor, charged the government
"engaged in prejudicial pretrial
publicity" in violation of the
grand jury's secrecy rule by at-
taching photostats of the letters
to the indictment.
A federal grand jury here in-
dicted six persons Jan. 12 of
conspiring to kidnap Kissinger
and to blow up heating tunnels
of government buildings in the
nation's capital. A superseding
indictment adding two more de-
fendants and adding charges of
conspiring to de st r oy draft
board records across the nation
xwas returned April 30.

Spearheading a drive which peaked on
the celebration of Mother's Day, the Ann
Arbor Interfaith Council for Peace is
gathering letters from local women urging
President Nixon to "save our sons" by end-
ing the Indochina war,
The letters are part of a nationwide
"save our sons" campaign, started a month
ago in Massachusetts.
They are being sent to Congresswoman
Bella Abzug, (D-N.Y.) who along with
Reps. Patsy Mink, Ella Grasso, and Shir-
ley Chisholm is attempting to set up an
appointment with Nixon to present the
letters to him personally,
The four congresswomen are acting as
advocates for "the millions of women
who are heartsick over the war in Indo-
china and who believe that it can be end-
ed now,

In their letter to Nixon, they state "In
this season of Mother's Day celebrations,
women will not be appeased by vague de-
clarations of peaceful intent. They do not
want flowers or candy. They want the as-
surance that their sons will not have to
die in a war that has been repudiated by
the great majority of Americans"
Esther Newberg, an aide to Abzug, said
that Nixon has not yet replied.
The Ann Arbor group has so far re-
ceived 250 cards - some including pic-
tures - imploring- Nixon to set the date
for troop withdrawal, and to "stop the
killing now"
One mother wrote, "Here is a picture
of my son, Dick, as he was then - a bright
10-year-old. Now, in 1971, he is a bright
21-year-old at M.I.T. in Boston. He has
great promise. He loves life, his fellow
man. He wants peace for All men Mr.
President, he is discouraged."

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