pageh Zthlree 1 rfrigtan 43ait BLAND ig y-65 Lom--¢o Cloudly, winidy Tuesday, May 11,1971 ANN ARBOR, MICHIGAN News Phone: 764-0552 /6 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 SIA VIS THIIAI: 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 aside, 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 challenge. 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. By JIM IRWIN "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 steps. 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. JJElRIGAN CASE: Kidnapprobe goes on HARRISBURG. Pa. A')- A 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 country. 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- cution. 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 witnesses. 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- judicial. 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. By ANITA CRONE 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."