69 CR 180

Chicago is America.

For throughout the city's history, its arms have been open to all of the world's people.

Here every delegate will feel at home, and we are looking forward to extend the warm hand of Chicago hospitality to every delegate, to every official, every visitor, and above all, bring the wife and the family.

And gentlemen, the laws of the city of Chicago are going to be upheld.

The people all over America know that someday, unless somebody holds the line somewhere, that these mobs are going to roam through their streets.

They're going to come into their towns, and they will want their police departments to stand firm and take the same action that the Chicago Police Department took yesterday.

We've seen it all over the country, not just in Chicago.

You know, when you get large groups of people with hair over an inch together, somebody goes over and beats them up.

This is the first time I've been at the trial, but I follow it most of the time, you know, in the newspaper and on the radios, and I think the whole thing is pretty much a first.

There was a few people from New York and Colorado here.

They just come into Chicago to go to the trials.

The first time I came here was at the pre -trial hearing last summer, and I didn't have any preconceived ideas about the old Julie.

You know, that was when they were first appointed for continuance.

You know, it was his defense so much.

It was just like a good time.

I was just so stunned.

He hated the defense so much.

He hated the defense so much.

You know, there wasn't all this publicity about how biased he was.

He was in a really jovial mood.

This is a report on the trial, the Chicago 8 conspiracy trial.

I'm Franklin McMahon, an artist reporter.

These are my drawings made during that trial, with my comments and the voices of others recalling the trial.

I'm overthinking.

That's all this law is, conspiring.

That's wrong.

It all began on September 24, 1969, in the heroic grandeur of Judge Julius Hoffman's 23rd floor courtroom, designed by Ludwig Mies van der Rohe for the United States District Court of the Northern District of Illinois.

The room, it's just a neon oven to me.

I don't care for it wall to wall, carpets, mahogany, prosecutors, velvet judges.

Nah.

I don't care for the room at all.

1969, CR for criminal, number 180, the trial of David Dellinger and seven others for their part in the Troubles of Chicago during the 1968 Democratic Convention.

All eight charged with conspiracy.

All eight charged with incitement.

David Dellinger at age 52, a grandfatherly dissident whose protests against war had gone back to the 1940s.

Thomas Hayden, a moving spirit behind the creation of the SDS, Students for a Democratic Society, and Ranny Davis, also from the SDS.

These three, Davis, Hayden, and Dellinger, had come to the Chicago Convention as leaders of the National Mobilization Committee to end the war in Vietnam.

Ebby Hoffman and Jerry Rubin are YIPI, the Youth International Party.

Up to convention time, they'd been best known for dozing dollar bills from the balcony of the New York Stock Exchange, watching the guys down below scramble.

They'd also gone to Washington to raise the Pentagon 300 feet in the air through meditation.

John Froynes is a chemist from the University of Oregon, also charged by the government with concocting the stink bombs, which aromatized the Conrad Hilton and other Chicago hotels during the Democratic Convention.

Lee Weiner is in sociology at Northwestern University.

He is charged with attempting, trying, thinking about trying, to firebomb the Grant Park garage.

And Bobby Seale, one of the founders and now national chairman of the Black Panther Party.

Also there as representatives for the rest of us were the spectators, mostly young people who had come with their blankets, sleeping bags, and thermos jugs to wade through the cold Chicago dawn.

The press and television.

No photographs or recordings were allowed to be made in the courtroom.

The defendants' wives, friends, and girlfriends, and with the most responsibility of all, the jury.

The government saw it as a criminal trial to be tried under the classic rules of evidence which cover such trials.

Thomas Foran, United States Attorney for the Northern District and Chief Prosecutor, says that this system worked out over 500 years, is the best way to get at the truth.

To help him in this quest, he brought along Roger Cubbage, William Stanley of the FBI, and Richard Schultz, young assistant U .S.

Attorney.

The defense, meanwhile, saw it as a political trial.

Felt they'd been chosen as scapegoats for all that had gone wrong in Chicago during the 68th Convention.

And as symbols of what can happen to others who protest American involvement in the wars of Asia.

Chief celebrant of this viewpoint was William Krenzler.

With a successful commercial practice in New York City, he now has an added career as defender of unpopular causes, beginning with the Freedom Riders in Mississippi.

And Leonard Wineglass, a young lawyer from Newark, New Jersey.

And over it all, the honorable Julius J.

Hoffman, known for his firm, no -nonsense handling of cases, famous for his strict interpretation of the rules of evidence.

I think Hoffman sees this case as a criminal trial, when in fact that's really not the issue whatsoever.

Abby, Jerry, Tom, myself, and others came to Chicago after having been in the Civil Rights Movement from a period of 1962 on.

And so in a sense, what's on trial is the past decade in this country.

And I can assure all of you here who have repose this confidence in me, we will carry the fight to the people in the fall.

And we shall win.

I would have given gladness not to be standing here today.

And so, my fellow Americans, ask not what your country can do for you.

Ask what you can do for your country.

I have a dream.

I have a dream to be.

Our first effort must be, of course, to bring that war to an end by every means that is available.

And if you're too hard to admit that you have to accept a new government in South Vietnam, that's what the war has been about.

I shall not seek and I will not accept the nomination of my party for another time.

To issue a police order, they have to kill any arsenal or anyone with a Molotov cocktail in their hand in Chicago.

And I want to see a state down the barrier that's constantly divided and start killing with one another.

First Bernard Shaw once said, if some people see things as they are, they say, why? I dream that anything ever where and someday come to pass for all the world.

Let us show our countrymen a Republican Party that is a faithful reflection of the real America.

I shall recommend to the convention that it nominate for Vice President of the Republican ticket, Governor Agnew Merrill.

I was an underdog for my first time to the United States Senate in 1948, just before I won.

I was an underdog many, many times in the United States Senate when I led the fight for such programs as the Peace Corps and Medicare and Seed for Dreams and the nuclear weapons treaty just before we won.

If George McGovern is President of the United States, we wouldn't have to have Gestapo's tactics in the streets of Chicago.

So now a year and a month after the fateful events of August 1968, here was a Chicago jury with front row seats for the reenactment.

Most were housewives from Chicago and its suburbs.

One was a cook, another a computer operator.

There was an interior decorator, a nurse's aide, a house painter, a retired employee of the Chicago Transit Authority.

The jury is hardly a jury of our peers.

I mean, it's not a jury of young people with long hair and aware of the political issues that motivate us.

The jury was basically asked the question whether or not they would be prejudiced to the government or the defendants.

If they answered that they would not be, they were let on the stand.

That jury was probably chosen quicker than a jury involved in a case of pickpocketing.

The conspiracy law dates back to the 1800s.

The new federal law deals with incitement and intent.

Somehow part of the 1968 civil rights law, it makes it a crime to cross state lines with the intent to incite a riot or to organize, promote or carry out a riot or to commit any act of violence in furtherance of riot.

A riot, according to this bill, can be carried out by an assemblage of three or more persons.

There were more than three people in Chicago those days in August.

I don't think that the whole mob was there for violence.

When I was there, everybody has a right to peaceably assemble.

When the ruling party administrating militarism and racism is invited into the city, it is inevitable that people who believe in decent human values will come with the convention in order to protest.

The people who call them political are the defendants.

They're self -styled political tribes.

If they come to a city and they incite violence, there's nothing political at all involved.

The rules of evidence are designed to handle a criminal case.

The nature of the charges and the nature of the defendants just does not lend itself to a traditional criminal proceeding.

We were really being untried for the way we live our lives and for the thoughts that we have.

It was our language, dreams, our fantasies, our imagery.

It was not for inciting riots.

Now how did they do it? And now came the government's witnesses.

First they tried to get tens of thousands of people to Chicago by saying, we're going to have a counter convention.

Frank Rigio tailed Davis and Hayden, eventually arrested Hayden, said he'd let air out of a police car's tires.

There was Bobby Seale's speech in Lincoln Park and how he'd recommended to his listeners that they barbecue some pork.

There was a TV film of students practicing riot formation.

There had been talk of putting LSD in the city water supply.

Joseph Hale, a police photographer in Grant Park, took a picture of the American flag at half mass, saw plastic bags of a brownish solution from sailing out of the crowd, sticks tin cans in a jar of mustard, heard Jerry Rubin shouting, kill the pigs.

They were told of Abbie Hoffman's obscenity.

They do it through the use of an appeal to drugs, an appeal to free and illicit sex and public fornication.

They do it through some people who style themselves as homosexuals.

Froyans was linked to butyric acid bought from a local chemistry farm.

And Weiner was seen in the Grant Park garage.

Another subpoenaed news film showed Davis leading a march on the 11th and State Police Station to protest Hayden's arrest.

Gregory Keiritz was the policeman most injured during convention week, sustained a double fracture of the bone around his eye.

An object thrown from the crowd in front of the counter at Hill Park.

These police have under a lot of pressure.

They've been maligned out there, sworn at, spit at, cursed at, boxed, rattled.

Things were thrown at them that I can't even tell you on TV.

And they reacted, they reacted strongly.

But they are protecting the citizens of the city of Chicago.

Irwin Bach had posed as a veteran against the war in Vietnam, had attended mobilization meetings.

He testified that Davis had wanted demonstrators to break windows in stone police cars and that Rubin had said they should start fires in the loop.

It was Bach who first developed the two -edged theory against David Dellinger.

At that meeting they planned two actions.

One action was going to be Dellinger's march, which Dellinger said will never make it.

Which they knew all the time.

He said it's going to be a block.

And the other action was going to be people were going to infiltrate out of there.

They've been going to the loop and they've been pressed up and shut it down.

They planned this.

And then they executed.

It was this more than anything else that was the government's case against Dellinger.

When there was the confrontation, voices back and forth around the battle lines, screaming their heads off for the megaphones.

Get the pigs, kill the pigs, give up your lives if necessary, come back and fight.

Arm yourselves, get them, kill them.

That is inciting people to imminent unlawful action, inciting to riot.

Where's their case? I've seen more evidence than a case of scotch.

The government presented some 56 witnesses in their first go around and maybe 10 more in rebuttal testimony.

The defense charged that there were only two real people.

They were all undercover policemen, FBI agents and paid informers.

The one rebuttal witness who most resembled the defendant was a young police cadet who'd attended a speech by Abbie Hoffman at a university near Baltimore.

As he came down from the witness stand, Davis said, get a haircut.

Much has been written of the antics actions of these defendants.

They were to say at least something else.

We also aren't just talking to the members of the jury.

We're talking to the whole world and in particular to young people in America.

So we're quite willing to pick up the challenge that the government laid down before us and put on the most militant and offensive defense ever launched in history.

Part of what this trial is about is in terms of our language and the visual imagery that we create and how we relate to the media and how we understand things like that, that you can't understand just reading the transcript.

Yeah, well, he told me, see, I was, I meditate in a lotus position and he said, you'll have to take your shoes off the chair.

So I took them off, took them off the chair, took them off my feet, you know.

I just was agreeing with the marshal.

He had a good suggestion there.

Reaction to that to the, to the jury.

That's funny.

Often a ripple of recognition would run through the defense table.

And I began to imagine how these now very straightly dressed witnesses might have indeed looked during convention week.

Robert Pearson, for instance, an investigator for the state's attorney's office, interested me.

I allowed my hair to grow long, he said.

I allowed myself to go without a shave for approximately four to six weeks.

I purchased the attire of a motorcycle gang member, which is motorcycle boots, a black t -shirt, black Levi's and a black leather vest and a motorcycle helmet.

He even testified that he'd thrown a bottle of paint at a police car.

Louis Salzberg, a photographer, was in and around the movement for two or three years.

Turned up at the trial as an undercover agent for the FBI.

Testified that he'd made $10 ,000 in pay and expenses as an operative.

I'll always maintain that the courtroom techniques right from the beginning geared against the defendants.

I mean, take the very act of getting down from the witness stand and pointing at a defendant.

That's incriminating because, well, first of all, he's saying, well, he's right here.

He got him right.

Then when he goes back to the witness stand, obviously he's going to get the next thing right.

And secondly, it's pointing an accusing finger of guilt at a person.

And visually it has a tremendous impact.

And see, they never get it wrong.

They ain't missed once, right? Nobody's missed a witness.

I mean, all jury knows who Hayden is.

He knows, everybody knows.

As he fingered Hayden, Dellinger said, I'm disappointed in you, Louis.

What's happened in the past 10 years is that hundreds of thousands of white people have joined with black people in a struggle to effectively change this country.

And they understand that as a threat.

And I think that's why the Yippies are on trial.

Tom and Renny are on trial because they represent a kind of SDS political background.

Dave represents the pacifist anti -war movement.

Lee Wine and I represent the academic community.

I'm not forgetting Bobby Seale.

I think Bobby Seale is the most important thing in this case.

The very fact that this trial is going on, the very fact that I was pulled into it, the very fact that the other seven defendants are put in the situation that they're in, it's all not inseparable.

Seale had come to Chicago in 1968 as a substitute for his friend Eldridge Cleaver.

He did give a speech in Lincoln Park, but was in town only 18 hours.

He had no real interest in the convention.

Charles Gary of San Francisco, the Black Panther lawyer, had asked Judge Hoffman to postpone the trial until he could recover from surgery.

This the judge refused to do.

Now that his lawyer couldn't appear, Bobby Seale sought to plead his own case.

But if this was denied, he wanted it to be known that he was firing his lawyer of record, Kuntzler.

This was ignored by Judge Hoffman.

Kuntzler tried to withdraw his appearance for Seale, but by now the trial was in its second day with a full jury.

Each time there was a witness with testimony relating to Seale, Seale moved forward to cross -examine.

The judge would not allow this.

You have a lawyer, he told Seale.

You have a very able lawyer from New York.

Seale was alert for every opportunity to make his point.

To wine glass he said, hey, you don't speak for me.

I would like to speak on behalf of my own self and handle my case on behalf of myself.

How come I can't speak on behalf of myself? I am my own legal counsel.

I don't want these lawyers to represent me.

He made another formal motion to defend himself and asked for bail so that he might better conduct his case.

Schulz meanwhile maintained that there were seven lawyers of record by trial time.

That it wasn't right for these guys to quit and go off, and Seale demanded that one of them should come back as his lawyer.

Judge Hoffman said that the case was too complex for self -representation.

That it might jeopardize the rights of the other defendants.

And Seale became more vehement.

You are denying them.

Every other word you say is deny, deny, deny.

And you begin to oink in the faces of the masses of the people of this country.

That is what you begin to represent, the corruptness of this rotten government of 400 years.

I admonish you, sir, that you have a lot of contemptuous conduct against you.

I admonish you.

You are in contempt of the constitutional rights of the mass of the people of the United States.

I'm not in contempt of nothing.

You are the one who is in contempt.

The people of America need to admonish you and the whole Nixon administration.

Let me cross -examine the witness.

I admonish the defendant and his counsel.

Counsel ain't got nothing to do with it.

I'm my own counsel.

You're not doing very well for yourself.

Yes, that's because you violated my constitutional rights, Judge Hoffman.

That's because you violated them overtly, deliberately, and in every racist manner.

Somebody ought to point out the law to you.

You don't want to investigate to see whether the people get their constitutional rights.

68 ,000 black men died in the Civil War for that right.

The right was made during the Reconstruction period.

They fought in that war and 68 ,000 of them died.

That law was made for me to have my constitutional right.

You want to listen to me for a moment? Why should I continue to listen to you unless you are going to give me my constitutional right? I am warning you, sir, that the law, instead of warning me, why don't you warn me that I have the right to defend myself, huh? I'm warning you that the court has the right to gag you.

I don't want to do that.

Under the law, you may be gagged and chained to your chair.

Gag? I'm being railroaded already.

I'm being railroaded already.

The court has a right, and I...

The court has no right whatsoever.

The court has no right to stop me from speaking out on behalf of my constitutional rights.

The court will be in recess until tomorrow morning at 10 o 'clock.

It had now gone on 30 days.

On October 29th, before Judge Hoffman came in, Seals spoke to the Black Panthers in the audience and said in effect, cool it, you guys, whatever happens here today, just cool it.

Federal marshals were beginning to line up in the room.

Kunkler charged that there were 25 marshals present.

As the judge appeared, Richard Shultz said, hit the court, please, before you came in this morning, Bobby Seals stood up and addressed this group.

That's right, brother.

I spoke on behalf of my constitutional rights.

And he told these people in the audience, and I want this on the record, that if he was attacked, they should know what to do.

He was talking to the people about an attack by them.

You're lying, dirty liar.

I told them to defend themselves.

You are a rotten, racist, pig, fascist liar.

That's what you are.

You're a rotten liar.

You are a rotten liar.

You are a fascist pig liar.

I said they have the right to defend themselves if they are attacked.

And I hope that the record carries that.

And I hope that the record shows that Tricky Dick Shultz, working for Richard Nixon and the administration, all understand that Tricky Dick Shultz is a liar.

And we have the right to defend ourselves.

And if you attack me, I will defend myself.

Mr.

Seals, I have admonished you previously.

You have George Washington and Benjamin Franklin sitting in a picture behind you.

And they are slave owners.

That's what they were.

They owned slaves.

You are acting in the same manner, denying me my constitutional rights, being able to cross -examine the witness.

Well, I've been called a racist, a fascist.

He has pointed to the picture of George Washington behind me and called him a slave owner.

They were slave owners.

Look at history.

As though I had anything to do with that.

They were slave owners.

You've got them up there.

He's been known as the father of this country.

And I would think that it's a pretty good picture to have in the United States District Court.

We all share a common guilt, Your Honor.

I didn't think I would ever live to sit in a bench or be in a courtroom where George Washington was assailed by a defendant in a criminal case and the judge was criticized for having his portrait on the wall.

I will not hear you now.

I'm asking you to be silent.

I want to know, oh, look, it's a form of racism, racism that has stopped my argument.

Mr.

Seale, do you want to stop or do you want me to direct the marshal? I want to argue the point about this so that you can get an understanding of the fact that I have the right to defend myself.

We will take a recess.

Take that defendant into the room in there and deal with him as he should be dealt with under these circumstances.

Seale continued to protest, continued to demand the right to defend himself.

The consular called it medieval torture.

Judge Hoffman, bowing to the effect on the jury and world opinion, the gags and straps were removed.

Seale announced that he was waiving no rights and that he had spoken out only at appropriate times.

When he again insisted on the right to cross -examine, the judge was furious.

He found Seale guilty of 16 citations for contempt, sentenced three months on each count, a total of four years.

He declared Seale's case a mistrial.

Seale still spoke for his right to defend himself.

Too late.

The judge had spoken.

Now there were seven.

Today when we waited in line, they let us stand inside because it was like ten below.

But it doesn't look like they're going to let them do that today.

There's too many kids.

I don't know why.

I'm 105 on the sign -up sheet, and I don't think I'll get in, but I'm hopeful.

This thing could have been settled so easily just by letting him defend himself.

It's almost unbelievable, really, to think that you would bound and gag somebody in a courtroom.

And the only thing that could possibly top that is giving somebody four years for contempt.

And Hoffman came up with that.

This is a good way to goof off the court system, it really is, to keep the jurors and the judge and everybody in the whole courtroom tied up for so long.

Well, God, I've been here since about one o 'clock, and it's about nine now.

And, you know, I just called outside.

Because I've been saying every week that it'll come to an end next week.

But today we passed our hundredth witness, and we still have 30 or 40 more that we could call for next week's cast.

As you know, we are the longest -running production in Chicago.

The defense witnesses by anybody's standards were real people.

Jane Myerding took the Quaker affirmation.

To take an oath was against her belief.

Quaker, she said, always tell the truth.

The mobilization had wanted their own marshals to maintain order during convention demonstrations.

Miss Myerding was one of those marshals, was in Grant Park, was arrested.

Another mobilization marshal was James Wright.

He showed the jury the correct way the Wardolph Billy Club blows, something he had learned in civil rights demonstrations.

He said that Grant Park, when he got there, was wall -to -wall police.

In Grant Park, Angus McKenzie had lowered the American flag to half mast.

Under the rules of evidence, he could tell how he'd been socked and dragged to the police car.

But he wasn't allowed to tell the jury why he'd lowered the flag.

Linda Moore seemed a fragile flower, until Schultz developed that she now practiced with an M1 rifle.

The specific things that made me change my attitude were the actions on Mayor Daley's part in refusing permits, in violating completely, as far as I was concerned, the Constitution, which allows you the right to march and to demonstrate, and what was going on inside the convention, which convinced me that the democratic political process had fallen apart, that we had to defend ourselves, or we would be wiped out.

The Yippies had planned a festival of life to counteract what they called the Festival of Death, the democratic convention.

So one after another, celebrities came forward to relate their conversations concerning the festival of life.

Timothy Leary was seen as a Yippie spiritual leader.

Paul Krasner was president at the founding of the Yippie Party.

Pete Seeger came on.

Country Joe, Country Joe and the Fish.

Arlo Guthrie, who told the long -winded story of Alice's restaurant.

It was clear from his interest that Judge Hoffman had not, until then, heard the story of Alice's restaurant.

We are symbols of a whole protest movement.

The witnesses are as varied as the defendants.

So all these defendants just there, and you see how different we are, and you come to the conclusion that we couldn't have a conspiracy to agree on lunch at dinner time, which we can't, and here we are charged with conspiracy, and then you see the witnesses that everybody knows bring into this, and the circle just gets bigger and bigger, and you say, well, Reverend Fernandez, he could have conspired with Timothy Leary, who conspired with this Green Beret, who conspired with Ramsey Clark, the Attorney General.

It's getting a bit confusing.

Then maybe some people will conclude that it is a conspiracy of the people that's on trial.

Those of you that missed Judy Collins would have seen a very memorable sight.

She tried to sing Where Have All the Flowers Gone, and Marsha went up to her, put one hand on the top of her head, and one hand under her chin, and with a certain gentleness closed her mouth, just as she was about to sing Long Time Passing.

She then proceeded to do a very, I thought, emotional and good thing.

She recited the entire poem.

Will you please state your full name? Alan Ginsberg.

What is your occupation? Poet.

Ginsberg told the plants what a human being, a gathering together of younger people, aware of the planetary fate that we are all sitting in the middle of, imbued with a new consciousness and desiring a new kind of society involving prayer, music, and the spiritual life together, rather than competition, acquisition, and war.

The judge ruled all this irrelevant, and we moved on toward the convention.

Ginsberg had come to Mayor Daley's office to help get permits, and he had chanted the Hare Krishna mantra as an example of what was intended at the festival.

Hare Krishna, Hare Krishna, Krishna, Krishna, Hare Hare Hare Rama, Hare Rama, Rama, Rama, Hare Hare.

Foreign objected and was sustained by the judge.

Then on Saturday night before the convention, he had met with Hoffman and Rubin and others, and he testified that they both had recommended leaving the park at the 11 p .m.

curfew time.

They had said that the park wasn't worth fighting for.

Then at 10 .30, the police moved into the park, and there was surprise consternation in what Ginsberg called swift and agitated motion, without any center, without any calm, and Ginsberg began to chant, Om.

The judge would allow only two om's.

Again on Sunday, Ginsberg had been in Lincoln Park and chanted the om for seven hours.

And again Monday, calming the crowd at the barricade.

When all of a sudden a police car came rolling down into the group with a lot of crashing and tinkling of glass and broke up the sound of the chant that had been built.

And again on Tuesday, chanting Om through the glary lights and the tear gas.

Om.

And he was in Grant Park on Flag Wednesday, and had joined the march with David Dellinger, and was again tear gassed, leaving Grant Park.

Robert Hall brought along the police billy club, which he said had been broken over his head in Grant Park.

Ann Patricia Carr, who was a British member of parliament, was shocked that there wasn't a bible in this federal court, had been to the Conrad Hilton, and had been attacked by the police and thrown into a paddy wagon.

She put her face to the window of the paddy wagon and was maced through the board hall.

Ruth Migdahl testified that the police had chanted kill, kill, kill as they charged the demonstrators.

Norman Mailer had been in the Conrad Hilton.

He looked down into the street where the police cupped through the crowd like sheets of rain, like a sword cutting down grass.

Because finally what was it? There were 12 ,000 kids not given a permit to march, and just being beaten day after day after day, and these kids kept coming back.

This police department finally cracked up over here.

When we come here to assert our democratic rights and are threatened and intimidated by troops, mace, tanks, guns, all the rest of it, I think it will be extremely clear who has created the incident.

Kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill, kill This administration will never permit a lawless violent group of terrorists to menace the lives of millions of people and take over the streets of Chicago.

Chicago's Mayor Daley was a cool witness, though technically a defense witness, it was Kuntzler's strategy to show he was indeed a hostile witness, subject to cross -examination.

He asked more than 50 questions about police behavior, the mayor's order to shoot and kill looters, and the mayor's convention time activities, each time foreign objected, each time he was sustained by the judge.

As Kuntzler became more and more desperate, he was supported by hissing from the spectators, who were immediately tossed out by federal marshals.

At one point the judge said that this was indeed a most friendly witness.

Daley once said that he didn't mind a yippie snake dancing, flippies zippies dancing, he'd prefer an Irish jig.

I put on a button, Bernardine Devil and so on.

The yippie theater continued.

Hoffman and Rubin had wangled invitations to Judge Hoffman's luncheon club, and came to court that afternoon in the neckties they were required to wear there.

One witness tried to describe hippie dress.

Let the record show that the defendant Hoffman stood up, lifted his shirt up, and bared his body in the presence of the jury.

This reminded Kuntzler of the time President Johnson had shown his appendectomy over national television.

Maybe that's why he isn't president anymore, said Judge Hoffman.

He had trouble remembering the defendant's names, and particularly that of the lawyer Wineglass, whom he called Fineglass and Winerust.

Rubin made a sign to remind him.

The judge didn't like to see Kuntzler leaning on Miss Vanderohe's lectern.

A lawyer stands at the lectern.

He stands erect and does not lean as though having a beer someplace.

They began to address their Christmas cards at the defense table, and the defense asked that the jury be allowed off for Christmas, and the trial postponed for that period of time.

The judge demurred and in fact increased the trial days from five days a week to six.

The defense camp retaliated by bringing their kids on Saturday morning.

Now a quick sudden huddle of all the defendants.

An out popped Hoffman and onto the stand, and the confrontation between the two Hoffmans was complete.

I said my name was Abby, I'm an orphan of America.

Although we are Americans on trial, that we've been so estranged from the founding principles of the country that we are indeed orphans.

The whole problem with testifying was how do you try and recreate in your head that state of mind that you had before you came to Chicago, and what you want to say to young people in America, and it's very difficult.

He'll ask you a question and you'll see doors open up, you'll see the movement in your brothers and sisters, and then you'll see conviction, and you'll see perjury, you know, and you'll see the jury, and you'll see your other defendants, about five or six doors, and you only get one answer, yes or no.

It's sort of like justifying your childhood and your innocence, you know, and the questions are very complicated.

I was asked at one point, what were your thoughts on that night as you stared at the building, you know, and I said gee, I never been on trial with my thoughts before, I'll have to take a little time, you know, and my books were used against me.

At one point I was asked what I was dreaming, because I wrote in the book that I was dreaming of, you know, a whole fantasy project, you know, I said oh, didn't know you were a psychiatrist, so I thought you were a lawyer, you know, ah, leave me alone, leave me alone.

Oh, a guy tried to kill me coming through a window, he had a load, that's not relevant, oh, that's not relevant, oh yeah, wow.

See, it's insanity and it's a complexity, and the nature of the charge and the complexity of that week in Chicago, and the vitality that young people showed in the face of all this massive show of force by the establishment is what makes this trial so fascinating and so vital.

I've actually never been on a job this long in my whole entire life.

It's like watching 800 movies back to back.

Next day he came down with a cold, and so everyone was let off for Christmas after all.

I tried to direct myself, but in a very personal way, to the 14 people in that jury box as human beings.

To give the jury a sense that we knew the area backwards and forwards, we were not just out of towners as the charge goes, and that we were exceedingly flexible about what routes to the International Amphitheater and what assembly areas at the International Amphitheater.

It was really the city that had a non -negotiable position.

We had to come to Chicago to protest not only the war, not only racism, but what was going on in Chicago.

In the largest assemblage of peace the country had ever seen in its history, we feel that the country is really the ultimate jury in a political trial.

Julian Bond of Georgia came to testify about events within the Democratic Convention itself.

None of this was allowed under Judge Hoffman's Rules of Evidence.

Bobby Seale returned to play the tape of his Lincoln Park speech to find a pig as a person or a policeman who is generally found violating the constitutional rights of the people.

All we have to say here is that power to the people and red on.

Ramsey Clark had been Attorney General of the United States during the time of the Democratic Convention, and Kuntzler wanted testimony about his phone calls to Mayor Daley and about his meetings with President Johnson and about ordering of the National Guard into Chicago.

Judge Hoffman refused to allow Ramsey Clark to testify.

He was heard in voir dire examination outside the jury's presence.

The jury never knew that the former Attorney General of the United States had come to testify.

David Dellinger was now increasingly agitated.

Next, Ralph David Abernathy.

He was co -chairman of the mobilization at the time of the Convention.

Reverend Abernathy was on his way into the city from the airport.

Kuntzler asked for a recess.

Judge Hoffman ruled against this and closed the defense's case.

It was for mentioning this incident to the jury that Kuntzler later received a major sentence for contempt.

James Reardon, Deputy Chief of Police, called by the government in rebuttal testimony, he had headed the forces that stopped David Dellinger on the march from Grant Park.

Now Reardon told the jury and all these folks in open court assembled that when Dellinger had left the park, he had gone with a group carrying Viet Cong flags.

It was at this point that Dellinger uttered the unforgettable watchword of the New Left Movement, which the New York Times called a barnyard vulgarity.

Now Dellinger's bail was revoked.

The judge! The judge hasn't let anybody go in four years! No longer were Hoffman and Rubin playful yippies.

He's a madman! A schande für die Gäuchen, which means that if he had lived under Nazi Germany, he would have sent Dan Frank off to prison, and the gas chambers in the same way that he wants to send us to jail.

It's a insane asylum up there.

It's a insane asylum.

And I think that he has pretensions to lost aspirations.

And I meant it that way and wanted to remind him of his origins in Delancey Street.

Judge Julius Hoffman is a character of every judge in America.

You've seen one judge, you've seen them all.

Now the summations began.

Wineglass once more took the jury through his photographs of those fateful days in August.

Schulz pleaded the government's case.

Kuntzler said, We have young people who are depressed and dismayed at what they see about them, who cannot accept the ideals and the dreams and the drives of their parents and their grandparents, and who are worried and disturbed and are suffering from a malaise of not understanding where they are going, where the country is going, the world is going.

These are rough problems, but they don't go away by destroying their critics.

These are not solutions to the problems.

The solutions are essentially made by continuing and perpetuating with every breath you have, the right of men to think, the right of men to speak boldly and unafraid.

Thomas Foran got in his last licks.

I mean, what has happened to us? Are you going to get conned like that? The bad people are policemen.

The bad people are FBI agents.

The bad people are people who give their lives to government.

The bad people are a kid who goes in the Navy.

That you're only a good guy if you like the homosexual poetry of Allen Ginsberg, or you're only a good guy if you think Paul Krasner is funny, or you're only a good guy if you think that somebody like that Sanders with a goofy outfit is a decent man.

We can't let people use our kids like that.

The vision and ideals that our forefathers had just can't be corrupted by the haters and violent anarchists.

The future will be with people who will be truthful, pure, and loving.

You know who said that? Gandhi, Dr.

King, truthful, pure, loving.

Not liars and obscene haters like these men are.

At this point he accused them of name dropping, of not knowing Dr.

King, of not marching with him.

Now Dellinger's daughters rose and shouted out, and Dellinger too was on his feet, and the courtroom was once again in turmoil.

You see, said Foran, you see how it works? Right now we're absolutely convinced that there's a split in the jury.

On the other hand we also see us going up for contempt, I mean especially when we beat the rap.

When they come back, no matter what their verdict is, the judge is going to say, oh wait a minute, boys, because one matter I want to take up with you fellas.

The next day started quietly, the judge charging the jury.

Then the jury up, Judge Hoffman began his contempt citations.

The law says that there may be no citations for contempt longer than six months without provision of jury trial.

So Judge Hoffman tacked one citation on another in a strange litany of 175 separate offenses to his honor and to the decorum of the court.

Dellinger was sentenced to 29 months and 16 days on 32 counts of contempt.

Once more Dellinger was on his feet.

You want us to be like good Germans supporting the evils of our decade.

And then when we refused to be good Germans and came to Chicago and demonstrated, despite the threats and the intimidations of the establishment, now you want us to be like good Jews, going quietly and politely to concentration camps.

Mr.

Marshall, I will ask you to have Mr.

Dellinger sit down.

And now the turmoil again.

This time three rings of chaos.

Dellinger thrust into his seat.

His daughter is being forcibly removed.

And Kuntzler at the lectern.

Yesterday for the first time in my career, I completely lost my composure in court as I watched the older daughter of David Dellinger being rushed out of the room because she clapped her hands to acknowledge what amounted to her father's farewell to her.

I felt such a deep sense of utter futility that I could not keep from crying, something I had not done publicly since childhood.

I am sorry if I disturbed the decorum of the courtroom, but I am not ashamed of my tears.

Each was allowed to speak at the time of sentence.

Lee Weiner told the judge that at Northwestern University the plaque had been ripped from Hoffman Hall.

John Freunds evoked the Oregon Constitution that all power is inherent in the people and all free governments are founded on their authority and instituted for their peace, safety and happiness.

That they have at all times a right to alter, reform or abolish the government in a manner they may think proper.

And that is what I think we did, said Freunds.

Thomas Hayden discussed each of his citations.

Even as the elder Dellinger is taken off, a younger Dellinger fights back.

So, Your Honor, before your eyes, you see the most vital ingredient of your system does not hold together.

Oh, don't be pessimistic, said Judge Hoffman.

Our system isn't collapsing.

Fellows as smart as you could do awfully well under this system.

I'm not trying to convert you, mind you.

We don't want to join the regiment, Julie.

The Ippies were subdued during the long reading of their citations.

But each recovered sufficiently to make his sentiments known.

William Kuntzler had maneuvered himself into the position of a defendant.

He had identified with their causes and even with their actions in the courtroom.

And now he was to follow them to jail.

Never once, said Judge Hoffman, at one point in the trial.

Never once have you asked these defendants to cool it.

I have tried with all of my heart faithfully to represent my clients.

In the face of what I considered and still consider repressive and unjust conduct toward them.

If I have to pay with my liberty for such representation, then that is the price of my beliefs and sensibilities.

I may not be the greatest lawyer in the world, but I think that I am at this moment, along with my colleague Leonard Wineglass, the most privileged, being punished for what we believe in.

His deepest revenge was reserved for the middle -aged lawyer, who had violated the traditional lawyer -client relationship.

24 counts of contempt, a total of 4 years and 13 days.

We don't see any possible way that there can be anything but a hung jury or an acquittal.

Where when each one does their hair up, when each one lets it down, you know, down hair is a sign in our favor.

We don't know which ones are carrying on friendly conversations, what kind of groupings have occurred.

We have nicknames for every one of them.

We call this woman Mrs.

Baldwin.

Her real name is Mrs.

Fritz.

We see her as a leader of sympathetic jurors to us.

We call this woman Mrs.

Wallace.

We named her after our friend George from Alabama.

And we see her as a ringleader of the opposition.

And the women next to her and next to her go with her.

I mean, obviously, probably these two women share a room together in the Palmer House.

This is the youngest girl we see for us, sympathetic.

And she has made up her mind way in probably the first week of the trial and hasn't paid too much attention to all the nonsense that we're carrying on that we do.

These two are Tweedledee and Tweedledum, probably against these two in the back.

This is Peterson and our friend Krochke, poor old soul.

He hasn't had a drink in four months, five months.

We feel sympathetic for him, but he don't dig us.

That's my guess.

This woman pays more attention than anybody in the world, but she's an alternate.

She ain't gonna get a vote.

And this woman's very sympathetic, but she's an alternate.

And this guy's against, he wears white socks.

I mean, he's never gonna dig us.

Now suddenly the jury had reached a verdict.

Freunds and Weiner were turned loose, cleared on all counts, and the jury could see no conspiracy.

But they did think that Hayden and Davis, Hoffman and Rubin, and Dave Dellinger, that these five defendants, head -crossed state lines, had come to Chicago with the idea of causing a riot.

These ten women and two men, these twelve Chicagoans, did think so beyond a reasonable doubt.

Most Chicagoans, and indeed most Americans, are glad that it's over.

But most also know that the political and legal issues it dealt with are not yet settled.

Straddling as it did the end of one decade and the beginning of another, no one is sure if it symbolized a beginning or an end.

You can't tell the truth.

You can't tell the truth.

You can't tell the truth.

You can't tell the truth.

You can't tell the truth.

You can't tell the truth.

You can't tell the truth.

You can't tell the truth.

You can't tell the truth.

You can't tell the truth.

You can't tell the truth.

You can't tell the truth.

You can't tell the truth.

You can't tell the truth.

You can't tell the truth.

You can't tell the truth.

You can't tell the truth.

You can't tell the truth.