,oturday May 21, 1977 THE MICHIGAN DAILY Judge denies Wimington 10 BURGAW N.C. (AP) - A Superior Court judge rejected yesterday the Wilmington 10 de- fendants' appeal for a new trial en charges of arson and con- spiracyrstemming from racial violence in Wilmington, N.C., six years ago. Chief defense attorney James Ferguson charged in final argu- ments that the 1972 convictions of the nine black men and one white woman were obtained on the admitted perjured testimony of three witnesses, and through "prosecutorial misconduct." FERGUSON said he would ap- peal Judge George Fountain's decision to the state Court of Appeals in Raleigh. The Rev. Ben Chavis, 29, and the eight other men began serv- ing prison terms ranging to 34 years after exhausting appeals more than a year ago. The 10th defendant, Ann Sheppard Tur- ner, an antipoverty worker, re- ceived a lesser sentence and is free on parole. The 10 were accused of fire- bombing a white-owned grocery and firing on emergency officers at the height of racial turmoil sparked by a school boycott in the port city of Wilmington in the winter of 1971. FOUNTAIN, noting that the U.S. Supreme Court had refused to hear the case, said he did not have the authority to rule on guilt or innocence but only to determine if there was "sub- stantial denial of constitutional rights of the defendants." "I have concluded, and my ruling will be, there was no such denial," he said, In-Washington, Rep. Don Ed- wards, (D-Calif.), chairman of the House civil rights subcom- mittee, said he has urged the U.S. Justice Department to in- tervene. "THE JUSTICE Department has indicated it shares our deep concerns and intends to review closely the latest Wilmington 10 decision," Edwards told a re- porter. Edwards, who attended the hearing leading up to the deci- sion, said the "outcome was in- comprehensible in view of the admitted perjury of the prosecu- tion's major witnesses." He called the decision "a tragic re- tsrn to the days of Jim Crow justice." Fountain's ruling at the end of the two-week, post-conviction hearing was also criticized by lawyers for the 10 and a group of 75 mostly black supporters who gathered daily at the Pen- der County Courthouse. Page Nine appeal "A GREAT INJUSTICE has been done," Ferguson said at a rally on the courthouse steps. "This decision-represents a cer- tain callousness to the issues whe have raised .. This is prob- ahly the longest post-conviction hearing ever in the state of North Carolina, and probably the quickest ruling ever." State Atty. Gen. Rufus Edmi- sten, whose staff handled the case for the state, commented, "All the facts were placed out on the table and the court has ruled ... That should satisfy well-intentioned people." The case has drawn interna- tional attention since chief pros- ecution witness Allen Hall re- canited his trial testimony last year. The firebombing came during a period of racial gunfighting in a black section of. Wilming- ton after black high school stu- dents ,began a boycott to protest alleged discrimination. Ferguson, a black civil rights lawyer from Charlotte, N.C., be- ing paid by the United Church of Christ, tried to show that prosecutor James Stroudmade made deals with three blacks who -testified against the 10. The Tower of Eder is a place between Bethlehem and Heb- ron where Jacob camped after the death of Rachel. It is also called the "tower of the flock." Daily Classiilicds (Continued from Page 8) PERSONAL E R E E EDUCATIONAL, Vocational, and Personal counseling. Mondays & Wednesdays, 1-5 p.m. .University of Michigan Counseling Laboratory. Now through June 13. Phone 764- 5457 or 763-4795 for an appointment. 83F526 STARDATE 77o5.2t:OLC no you actuatty read this news- paper, or do you just look for your message everyday? The midnight shift was tolerable - I didn't get sleepy itt I got to work here. Missed 1UBY info, so I'll just play it cool iwe con get it together. Don't -!owiftIcan donmy dayshsift on ;isttrtty at this rote. We wi see. t"tANTSC APP'EALING warn, sod iositive. tall. Jewish male, age 23. O,"ks the female embodiment of kridness, beauty, and truth for sod thres and fun under the sum- ir unm Write Michigan Daily Box N.4. 86F524 THE SECRET WORD - PPr pinball at the Cross Eyed titis Friday is "REPLAY." cF616 JAZZ Un Uiversity Club with the t.otS Tri and Friends Noel Cun- iam piano; Ted Harley, bass; ;,1