MEMBERS or “THE CONSPIRACY” in THE ACT. The five members of the Conspiracy a are, from left to right, Rennie Davis, David Dellinger, Jerry Rubin, rrs SCARLET AND BLACK Odob r I I“ Lee Weiner and Abbie Hoffman. Missing are Tom Hayden, Hobby Seale, and John Froines. This photo was taken last spring. (Photo by David Fenton/LNS) CONSPIRACY TRIAL OPENS IN CHICAGO By Tom Thomas with an estimated five thou- land demonstrators in the streets, the trial of the Conspir- Icy Eight began in Chicago on Wednesday, September 14. Facing federal charges of violating the anti-riot provisions of the 1965 Civil Rights Act are the leaders of disturbances during the 1968 Democratic Convention. The eight are: David Dellin- Ker. head of the National Mo- bilization to End the War in .Vietnam; Jerry Rubin and ‘Abbie Hoffman of the Yippies; Bobby Seals, national chair. man of the Black Panther Party; Rennie Davis, a founder of SD , Tom Hayden, author of the Port Huron statement, founding manifesto of SDS; John Frnines, Oregon professor and early member of SDS, SNCC, and CORE; and Lee Weiner, teach- ing assistant at Northwestem University and National Mu~ bilization staff member. in an opening statement, the prosecution said it would intro- duce testimony to show that the defendants conspired to prix mote rioting and told large crowds to arm themselves and to resist police, city officials and national guardsme The defense Counter “The evidence in this case will show that police embarked on a con- spiracy of berserk, brutal ac- tion . . . that the real consp - ucy in this case was a conspir- acy to curtail and prevent the protest against the war in Viet- nam.” RALLY HELD Confrontation began before presiding District Court Judge Julius J. Hoffman even reached the bench. The defendants re- fused to stand when the judge ontcred the courtroom Hoffman promptly ordered a u. so mar— shal to force them to comply. Outside the Federal Building, University of , which houses the courtroom, thousands. of youths milled about, many having been there throughout the night. The pro. testors h e l d a candlelight march from Lincoln Park to the sight of the trial and then stay- ed for an allrnight vigil. The crowd swelled during the morning as guorilla theater groups performed and “wit- ches" sought to “cxorcire evil spirits" from the courtroom. The rally was joined by six of the defendants during a lunch recess. Jerry Rubin and Bobby scale were both held by federal marshals. Rubin is serving a 45—day sentence on a charge dating from‘ the Berkeley Free Speech Movement and Seale is under indictment on a murder Conspiracy charge in Connection with the death of a former Black Panther. SDS LEADERS ARRESTED The rally was disrupted by two youths wearing swastikas and by white construction workers angered at recent demonstrations by Chicago black groups seeking jobs in construction unions. Chicago golice rapidly arrived and the emonstrators moved in Grant Park. At the park there were minor fights between demons strators and police, and 19 were arrested, including four SDS members. Three other SDS leaders were arrested on war- rants the next day. On Friday (the 26th) three more SDS members were arrested, bring- ing due total to ten with total bail set at $55,000. Cha Cha Jimenez, leader of the Young Lords, a militant Puerto Rican group, was also arrested. Judge Hoffman began the trial on Wednesday by issuing bench warrants for the, arrest of four defense attorneys after the prosecutor, U. S. Attorney Thomas A. Foran called their absence “so incredibly irres- ponsible and unprofessional that it would be unbelievable if one did nDt take into account some of their prior acu’ons." The warrants were issued for Michael J r Kennedy, Michael E. Tiger, and Dennis J. Roberts. all of California, and Joel H. Lefcourt of New York. CLAIM HARASSMENT The team of lawyers who are defending the Conspiracy Eight picked a trial counsel team 'to handle the case The team con- sists of Charles Garry, Bill Kunstler, and Lee Weinglass. it was felt that three rather than seven lawyers could deal with the case. Lefwurt, one of the four for whom warrants were is sued called the action “an ill gal form of harassment and inti- midation against political law- yers for the purpose of prevent- ing radical clients from obtain- ing lawyers who wrll defend themr” Tiger, a law professor at UCLA. was flown to Chicago In handcuffs Lefcourt voluntar- ily surrendered and, with Tiger. was held in the Cook County jail. Both attorneys were sub- sequently released on their own recognizance by the 7th U.S. Court of Appeals. The arrest warrants against the other two attorneys were quashed by Judge Albert Wol- lenburg of the U. S. District Court in San Francisco. Wollen- burg said the proceedings did not comply with the law. On Monday, September 29th, Judge Hoffman dismissed the charges against the defense at- torneys and allowed them to withdraw from the case. JURY SELECTED Earlier in the trial, contro- versy emerged over the sc. leciion of jurors on Thursday. Judge Hoffman refused to allow either side to directly question prospective jurors. lnste ad lawyers were instructed to sub- mit questions to Hoffman who then decided whether or not they should be asked. Defense attorneys wanted to h n o w prospective jurors opinions on the Vietnam war, long hair, drugs, and the right of political dissent (one question was “Can you identify Janis Joplin?). Huffman refused to ask any questions dealing with these areas. Following the sc- lection of the jury, which con- sists of two white men and ten women (two of them black), d9 fense counsel William Kunstler laid, “We feel the jury has not been asked a singls relevant Question." POSTPONEMENT DENIED Another blow to the defense came on Friday when Hoffman denied a request for postpone- ment on the grounds that Chiar- les Garry, one of the defense lawyers, was seriously ill in California and could not be pre- sent in court. Bobby Scale, in particular, claimed that Garry was his attorney and that un< der the Sixth Amendment he was guaranteed counsel of his choice. The court ordered the defense to proceed with the at- tomeys at hand. One light moment did occur during Friay’s proceedings. Defendant Abbie Hoffman blew a kiss to the jury when he was officially "introduced to the court.” “The jury will disregard the kiss thrown by the defendant," Judge Hoffman solemnly pro— claimed. . On Monday, September 29, the defense submitted a motion for a mistrial. Defense counsel Kunstler said the judge should either declare a mistrial or dis- qualify himself because he “has degraded, harassed and maligned defense attorneys in the trial." Kunstlcr further charged that Judge Hoffman has tried to coerce the defend~ ants to waive meir constitution- al rights m counsel of their choice, has threatened defense lawyers with contempt charger and often has interrupted the fense lawyers during their on guments. Prosecuting attorney Thomal A. Foran, arguing against thl motion, accused the defendants and their lawyers of trying the case in the press rather than in the courtroom. Foran called the conduct of the defense ats torneys “incredible. . . and ap- palling." The motion wal denied by the court. Judge Hoffman also denied another defense motion for a hearing on the constitutionality of two Chicagorordinances ap- plying to permits for parades and sleeping in city parks. Tho defense had maintained that tho constitutionality of the laws was the “heart and crux of the man- tcr in this trial." Richard A. Schultz, assistant US. Attorney, had earlier told that court that several of the defendants did not really want the permits they had re- quested to sleep in Lincoln Parli or march to the International Ampitheater. JUROR DISMISSED The trial took an unexpected turn Wednesday, October 1. when the youngest member of the jury, Kristi King, 23, was excused from further dut Miss King stated that she could not remain impartial after being shown a letter which her family received tho previous Monday. The letter Said, “You are be- ing watched," and was signed “The Black Panthers.” Miss King had not seen the letter until it was given to her at the order of Judge Hoff- man. The defense objected to tho court's action in the matter. “The government, in an extra- ordinary maneuver, succeeded in sondbagging a member of the jury of whom it did not ap- prove," said defendant David Dellingcr. Another juror, Mrs. Ruth 1..