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VOL. III NO. 32 Black Community News ServicSATURDAYe, NOVEMBE R 29, 1969

PUBLISHED MINISTRY OF INFORMATION BOX 2967, CUSTOM HOUSE WEEKLY BLACK PANTHER PARTY RANCISCO, CA94126

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INSIDE • S.F. PIGS BEAT-CHOKE CHAIRMAN BOBBY SEALE - SHACKLED LIKE A SLAVE THIS ISSUE 1 -LEFT OPPORTUNISM AND MODERN REVISIONISM THE BLACK PANTHER, SATURDAY NOVEMBER 29, 1969 PAGE 2 CHAIRMAN BOBBY BEATEN CHARLES GARRY: I got the word Bobby to them that the officer on duty the other from an attorney by the name of James night gave it to .me so it could not be contra­ Knight that you were beaten up last night band. And tried to explain to them that it wa's by the sheriffs men. And he also told me wrong to, (they said that they were taking that there was a witness by the name of my visits away because I had the Paper), and George Bervich. Now pick it up from there I told them it was wrong. So in the process and tell me what happened. an argument pursued, in trying to get them to understand that if they would just simply in­ BOBBY SEALE: Well I think, I can't hardly vestigate, they would find that the Paper was hear or talk as you can hear and see. I was allowed in by another officer, right here. And in turn the argument wouldn't have broken out. But I called him a pig for denying me my rights. And not at least going through the process to investigate to find out that the Paper wasn't contraband. Because I had been allowed to have it, for the purpose of writing out a complete outline on some ofthe state­ ments that the Party had made and especially that I had made. That's the reason. And then they came the next morning and took me to the hole.

CHARLES: Would that be Monday morning, yesterday?

BOBBY: Yes, I don't know may be it was about 9:00 or 10:00, and I went down to the hole. I told them that they could have the rest of the property, but I wanted to keep my legal Charles R. Garry and Chairman Bobby Seale writings with me. And they told me I couldn't have them. And I told them that I thought I viciously choked, when they were getting had a right to have my legal statements or ready to put me in the hole. I didn't care anything relating to my legal rights with about going to the hole, but all I wanted was me, while I'm in jail. And they called up my legal papers with me. And not only that, about 6 or 7 officers, sheriffs men around I'm slightly ruptured, where I had an infection here. And I told them that I wanted to keep while I was in Chicago, it's coming back on my legal stuff with me; and I'm not scared again. Where one of them grabbed my testicles of their hole, I'll go to their hole. And pro­ while the other was choking me; and the others ceeded to walk towards the hole with my were holding my arms, trying to put hand­ legal statements in my hand. And they jumped cuffs on me. He grabbed and yanked on my me at that point, and snatched me back. And testicles and penis. And the choking was so threw me to the floor. And at the same time vicious that the only thing I remember after another one grabbed my testicles and penis that was that I was thrown on the floor in­ and yanked at them, while another one viciously side the solitary confinement hole cell. choked me. The choking was so bad, that well, I have a tonsillitis case, bad tonsils and CHARLES: What were you sent to the hole they're swelling up right now, and I can't for? Why were they tryingto put you in the even half talk. hole for? CHARLES: Have you called a doctor? Have BOBBY: It all started because I had a Black you asked for a doctor to see you? Panther Party Newspaper. Which I had asked the guard, as you know Charles, could I BOBBY: Yeah, they came by, and he realizes have the Paper. Because I wanted, had to, that I'm totally sick. And he's trying to keep as you explained to me; write out what I the temperature down by giving me penicillin. meant by certain statements and things in He's trying to give me penicillin and some the Paper. So that you could have them in antibiotics. They say that's what they're giv­ my defense in court. So that you would be ing me, but able to explain thoroughly. Well anyway, I had the Paper for this reason. I was in the hole cell, and they had to clean it out. Because the CHARLES: Are you still in the hole? hole that was in the floor, that was suppose to flush down, would flush back up. And all BOBBY: Yes, I'm still in the hole. the crap and stuff just came back out on the floor. And they finally pulled me out after CHARLES: What are you in the hole for? all day yesterday of that kind of crap. And the officer who actually let me have the Paper, admitted that he had let me have BOBBY: They say I'm in the hole because the Paper, and it wasn't contraband. And that's I called an officer a pig. I'm trying to ex­ where it all started. While I was visiting Sunday, plain to them that if the officers hadn't of I went back to the cell, and they said that I violated my rights, and we hadn't of pursued had a Black Panther Newspaper in my cell; into the argument. If they would have just went and that's contraband. And I readily explained and checked out, that I had really violated Continued on Page 3 THE BLACK PANTHER, SATURDAY NOVEMBER 29, 1969 PAGE 3

DEPUTY CHAIRMAN FRED HAMPTON ON CANADA

We began our trip by going to was unsuccessful In creating any their badges on us and had us the airport here in Chicago and violent confrontation between surrounded and told us that they the ticket agent followed us all myself and him he then began wanted to talk to us. The same the way to the plane to remind to heckle African and West Indian fat pig who had told the people us that we are not allowed to students within the audience. He to sign their names on the seal no carry weapons on the plane. From went even further to heckle White matter whether it was their the beginning of our trip it was radical students. Finally there names or not, had now set up very clear that the only people was a confrontation; he hit one a situation where he claimed that on the plane were Panthers, pigs of the radical students. There these people had forged their and pilots. were around sixteen people fight­ names. We showed him the same We got to Winnipeg, where we ing him and another pig. Because telegram we had to show him had to go through customs, and we had control of thffmicrophone to even get passed him in the were treated very antagonistic­ we were in the strategic position first place. The telegrams, two ally by a very fat pig. We showed where our voices could be am­ of them, had our names on them. him our telegram, and told him plified. We told the people to Then we showed him all the that there had been a change in sit down immediatly to resist papers where they had reported people who were scheduled to the temptation of being drawn in on our speaking. They had used make the trip. He told us that by this smokescreen of racism, the names Willie Calvin, Gerry they already had our seals made when all it was, (veryclearly)was Eldrich and Fred Hampton. They out and to just sign the same a pig provocateur, an agent who said that Willie Calvin and Gerry names on the seals that were was sent there to set up a sit­ Eldrich were traveling under fra- there. We did that, and he „ al­ uation, a violent situation within dulent names; that they were lowed us to go on. the meeting. Whereby those of us traveling illegally and had en­ who were traveling on bond such tered Canada illegally. The fat We went to Saskatoon, Regina as myself could be prosecuted pig that had told us to do this and to Edmonton, Alberta. We for crossing the state lines to left the room Immediately. We spoke on all the campuses. Every incite a riot. The people were were not allowed to level any campus that we spoke on we very responsive. They did sit charges at him. were heckled by the same pigs. down; they avoided a violent con­ It was a trial that was similar They tried to start fights at two frontation; they avoided meeting to that which Chairman Bobby was of the campuses but they were us to a situation that could have confronted with. They told me to unsuccessful The pigs even got caused much criminal oppression leave. I asked them if the brothers up and look a very strong upon our Party. could have legal counsel and he position against Kim II Sung. We From there we were supposed saldthat they could be represented knew very well, when they took to go on further and speak at. by a friend, a relative-or any­ that anti position that Eldridge another university in Lethbridge body. I told them that I would and the leadership of our Party where our Chief of Staff, David like to represent the brothers were definately on the right line Hilliard had been previously. We but I would like to first call a in following the teachings of the weren't able to go there because lawyer. I called the lawyer and great leader of North Korea, Kim of the very clear, overt fascist the lawyer called down there. And II Sung. They were successful oppression that was being placed by the time we knew anything, in their provocateur attempts to upon us. We were forced to catch the brothers had been tried in a incite violence on the last trip a plane and go back to Winnipeg. closed court and they had been that we made in Edmonton, Al­ We got off the plane in Winnipeg deported for using false identi­ berta. We were on the university fication to cross the border. campus there and the pig got up and when we got off we were and said that Bobby Seale was FRED HAMP TON surrounded by people with badges who called themselves lma- ALL POWER TO THEPEOPLE a Black pussy cat and said that educate him In -the manner that side with me. I told him that our the leader Kim II Sung was nothing gration agents. These people are KÖW's FOR PANTHERS! we had been educating during the Party understands that he's an similar to the people in the south­ but a counter-revolutionary and duration of our trip through agent provocateur, we understand was known to be a counter-rev­ ern part of Babylon. We call Canada. The pig proceeded then what he was sent there for and Canada the northern part of Baby­ Deputy Chairman olutionary. We didn't get antag - to tell me as I was trying to he had done the same thing In onistic about it, we tried to lon, now after having actual ex­ Illinois Chapter educate him that he'd go out- , the earlier two trips. After he periences with it. They flashed Black Panther Party Continued from Page 2 CHAIRMAN BOBBY BEATEN nothing. Which started all of this mess. That BOBBY: It was broken last night, Iguess. But they wouldn't have to be doing this to me. The I had to lay in it all day yesterday. officer who let me have the Paper had ad- mited in front of 4 or 5 other officers that he CHARLES: Had to lay in what? actually, in fact, did let me have the Paper. And that's the reason that this mess started BOBBY: Defecation, and crap and piss and in the first place. They said that they were what have you. It's not a real toilet, it's taking away my visits. I said for them to at only a hole in the floor. It has some kind of least check it out, and check with the other a flushing mechanism. But all day yesterday, officer to see whether or not he actually let until they stopped it, I had to lay in the stuff. me have the Panther Paper. And for them Because every hour and a half that it would not to check it out, and take away my visits, flush, it would not flush down, it would flush then they're acting like pigs. They're denying up. And flood the floor with water and me my rights. They know I have a right to defecation and urine and everything mixed visits, at least they could check it out. And up together. they didn't do that. So they say, that since I called him a pig, that they're going to CHARLES: Was there a cot or a bed for you take all my visits away. I said and since to lie on? you're violating my rights and haven't even got enough intelligence to check it out and BOBBY: No, there was no cot, just aflat find out that I really haven't done anything square box floor, 4 by 7 cell. Four feet contraband; the officer allowed me to have it. wide and seven feet long, approximately. Any­ If you just find that out, if you don't want way you're just there. to do that then I see you as a pig. You're a pig a hundred times. You can say what you CHARLES: What do you lie on? want, take all my visits away, but that's the case. So this is why I can't talk right now. BOBBY: On the floor.

CHARLES: How long are they supposed to keep CHARLES: On the cement floor? you in the hole? BOBBY: Well, yes. It's cold. It's kind of like BOBBY: 10 or 15 days. So they say. a rubber padded cell, but it's cold. It's right next to the cement, its only got about CHARLES: Bobby, you told me that the hole, that the flushing procedure comes back up. Would you tell us more about that. Continued on Page 4 THE BLACK PANTHER, SATURDAY NOVEMBER 29, 1969 PAGE 4 PRESS RELEASE FROM CHAIRMAN BOBBY SEALE This is Bobby Seale, I'm a men brutalizing and suppressing victim of American fascism sit­ the peoples right to protest, right ting here in the San Francisco to redress their grievence to county prison. I would like to change the system. We feel the say to all the peoples of the billy clubs crush our skulls and world that fascism in America, we feel the bullets that tear our domestic imperialism here, has flesh. And we morn the dead to be put to an end. American many times, over and over. Our fascism, which is domestic im­ Minister of Defense, Huey P. perialism manifests itself in Newton, says, "The racist dog police state activities sup­ policeman must withdraw im­ pressing and oppressing peoples mediately from our communities, moves in America to attain self cease their wanton murder and determination and basic human brutality and torture of Black rights right here at home. The people or face the wrath of the occupation of the Black com­ armed people." We in America munity or the Brown community understand the need to end the war or the Indian reservation and in Vietnam. We're Black people other rural areas where poor and we understand the desire oppressed peoples and many and need for peace. But we under­ laboring peoples live is that of stand also that with the four- a foreign troop occupying ter­ hundred year oppressive sit­ ritory. In that same manner, we uation that Black people are In, speak of colonialism abroad but that Brown people are in, that the poor oppressed peoples, American people are in, that even Black people especially, can poor White people are In that speak of colonialism at home. it's necessary for us to pick up Community Imperialism. We guns in defense of ourselves, understand the need to move which is also a constitutional forward to try to determine our right that is being suppressed. destinies in our Black communit­ Being suppressed by the police­ ies. Our Ten Point Platform and men at the orders of fascist Program citing our basic con­ ruling class circles infested in stitutional rights, that are spel­ the U.S. government here. A led out In the U.S. government, government of gross exploitation, are denied wholly to us as a of capitalism and oppression. So CHARLES GARR Y & BOBB Y SEALE AT S.F. COUNTY JAIL people. Not only here presently much so that we as a people but through our overall historical must move with the other peoples : was an attempt along with other a form of repression that's not So power to all the peoples; experience here in America. of the world in unity. And hope frame-up charges to try to place new. It's old, if s old as Germany all the peoples of the world! When we move and attempt to that all peoples of the world, me along with other Black in Hitlers era. It's as old as And may the peoples revolu­ use the basic constitutional rights the proletarian working class Panther Party members In the Klu Klux Klan here in Amer­ tionary struggle prevail over the in any form or fashion we can peoples of the world; the labor­ prisons. First they got Huey P. ica itself. It's as old as lynch­ imperialistic exploitation of the to try and end the exploitation, ers, the poor oppressed move to Newton. They attempted to kill ing and murder and brutality that's world and at home here In Amer­ try and begin to end overt op­ rid ourselves of imperialism, him and ' after they didn't kill been happening to Black people ica, of the Black Brown and other pression, the hunger, the filth, fascism in America, is to rid him, tried to railroad him to the for ages. The Black Panther poor oppressed peoples. the wretchedness of the ghettos, the world of a monsterous beast. gas chamber. He's still in prison Party Is a leadership body In the wretchedness of our lives. The question comes to mind and we must free him. There itself. With myself being per­ When we try to move to a higher of why we are revolutionary are other trumped-up charges not secuted and put in prison, Huey CHARLES dignity and try to attain some kind socialists and why the fascist only against me myself but in P. Newton, Eldridge Cleaver, of equality that's human and re­ government is persecuting the Connecticut, New Haven of some and now David Hilliard who is GARRY lates to our survival we see Black Panther Party. Recently I fourteen other Panther Party the Chief of Staff of the Black now In front of our face with know you heard about the denial members and leaders of the Black Panther Party. They* re trying to this overall move In the last of my constitutional rights in a Apparently, according to the Panther Party. There are numer­ do him next, they're trying to note that was given to me to decade, fascist policemen oc­ court in the city of Chicago ous others here such as Charles railroad him through their court cupying our community as Huey where I was viciously gagged by give to Bobby, legal Information Bursey In San Quentin who just systems. Ray "Masai" Hewitt, was necessary. I don't know just P. Newton says (and I repeat) numerous marshals because I recently went there three months Emory Douglas and other Black like a foreign troop occupies stood up and aksed and demanded what that means. If the legal ago. (State prison in California). Panther Party leaders will be information is that, what's the territory. We see the fascism in my basic constitutional rights. There are some fifty odd 'Black next after that. the form of brutal murders Chained and shackled to a chair status of Bobby Seale, I can give Panther members who are polit­ So we're asking the people of it to you as follows: throughout the Black community. and not allowed to request motions ical prisoners presently. And We see fascism in the form of or make motions on behalf of the world to shine their lights Bobby Selae, at the present other Black political prisoners upon American Imperialism and time is awaiting extradition pro­ masses and thousands of cops my legal defense that the very who are not necessarily Black and thousands of national guards­ constitution says I have. This American fascism here at home ceedings in San Francisco, Calif­ Panther Party members. This is in America. ornia. And if the governor of the state of California grants the extradition request to the state Continued from Page 3 of Connecticut, he will be re­ moved from California and he will have to stand trial for conspiracy CHAIRMAN BOBBY BEATEN to commit murder In the state F.B.I. of Connecticut. He also Is a- 1/2 inches in there. walting trial for the conspiracy case where the judge granted and declared a mistrall in the CHARLES: A 1/2 inch of what? Chicago, Illinois case. He's also facing four years for contempt TERRORIZING of court. For exercising his con­ BOBBY: Nothing, it's really all floor. stitutional rights to demand to defend himself since he did not have counsel of his own choice; CHARLES: Did they give you a blanket? since counsel of his own choice THE PEOPLE was hospitalized and could not be present. BOBBY: No blanket, none whatsoever. On Thursday November 6,1969, rascist fascist pigs in this town. We intend to appeal that con­ the FBI headed by agents Gorden Now get off my porch before I viction. We intend to fight every I want to see Doctor Fine. Because we have and Flyn along with four other throw hot lye on you." Another avenue in the courts of America lackles terrorizing the people and response was by a nine year for every right that Bobby has to deal with this tonsil thing. This thing is the Panthers and ex-Panthers of old sister that attends liberation been denied. The case In Con­ swollen up so bad that I can't even talk. the Peekskill Community. The school, when asked by the FBI necticut is purely a fabrication, orders handed down from their Flynn, "what do you think about it's purely trumped-up and It boss J. Edgar "Hog" Hoover. the Panther Liberation School?". has no basis in fact. But it's CHARLES: How about the doctor that you Their attempt to destroy the party She said, "Five Pig." The pig part of the scheme and device and terrorize the people through oinked and said, "what does that of the United States government did see? Did he give you some medication Fascism, demogogic, lying and mean?" Then she said, your not to curtail and destroy the Black oinking to the people. The fool doing your job if you don't know Panther Party and Its leadership. for your tonsils? FBI agents went through the what the 5th Amendment is. Huey P. Newton, Eldirdge community asking the people what These are some of the responses Cleaver, Bobby Seale, Charles do you know about the Panthers? from the community, when asked Bursey and others are classic BOBBY: He just looked down at it. And I The response from various questions by the FBI The Nixon examples of the aggression mothers and ex-Panthers was go power structure must make it against the Black Panther Party. told him that if he didn't give me anyting that F— yourself. This response was clear in their minds that this to the Panthers propaganda in the type of terror in the people will I would most likely run a temperature, because community and legal first aid, do nothing but make the people I could feel it coming on. "Knowing Your Rights". One respond to the Party even more. ex-Panther's mother when ques­ To respond to the Breakfast Pro­ tioned by the FBI, was asked, gram, Liberation School, Free FREE CHARLES: Did you tell him you were sleeping "what do you know about Clothing, and Medical Clinic, and the Party?" Her response was, now being circulated In the com­ on the cement floor? "all I know about the Black munity of Peekskill is the Petition ALL Panther Party is that they give of Decentralization. free clothing and that rich Pig BOBBY: They knew I was laying on the floor. Nelson Rockefeller cut the POLITICAL clothing allowance In my welfare ALL POWER TO THE PEOPLE! When they came to the door. I was laying there check, and I signed the Petition FREE HUEY shivering. that would put the power in the FREE BOBBY PRISONERS hands of the people and fire the PILOTS FOR PANTHERS! THE BLACK PANTHER, SATURDAY NOVEMBER 29, 1969 PAGE 5

"THE GOVERNMENT IS ENTITLED TO Reprinted from TRIBE

A FAIR TRIAL HERE"... Richard Shultz Assistant Prosecutor, Chicago 8 Trial MR. WEINGLASS: Isn't it a fact, Mr. Frapolly, Washington used to have slaves, the first Pres­ that yesterday in response to some of my questions ident - - " you were not able to recall because unlike Mr. Foran, MR. DELLINGER: Somebody go to protect him! I hadn't gone over and rehearsed with you for a MR. FORAN: Your Honor, may the record show period of four hours what you were to say in court ? that it is Mr. Dellinger saying someone go to pro­ MR. FORAN: Your Honor, I object to that and I tect him and the other comment is by Mr. Rubin. ask the jury tobe directed to disregard the comments MR. RUBIN: May the record show that Foran is of counsel and I ask that he be admonished. j Nazi! THE COURT: I sustain the objection and I direct THE COURT: Everything you say will be taken down. the jury to disregard the question of Mr. Weinstein MR. KUNSTLER: Your Honor, we would like the --Weinglass. names of the marshals. We are going to ask for a MR. WEINGLASS: Mr. Frapolly, would you explain judicial investigation of the entire condition and the to the jury why you could not recall all the con­ entire treatment of Bobby Seale. versations Mr. Foran had questioned you about on Monday? MR. FORAN: Your Honor, I object to that and I ask the jury be directed to disregard it. THE COURT: Sustain the objection. MR. WEINGLASS: Your Honor, I fail to see what is objectionable about this question. The witness obviously had a very severe failure of memory which he didn't evidence on Monday and I think the jury is entitled to an explanation. THE COURT: I not only direct the jury to disregard the question, I direct the jury to disregard the last remark of Mr. Weinglass. BOBBY SEALE MR. WEINGLASS; Mr. Frapolly, can you remember anything at all that you testified to here in three POLITICAL PRISONER days that would indicate that the defendants were men of peaceful intent who wanted to come to by Paul Glusman this city to peacefully demonstrate and who rejected all of your ideas that they participate in violent What follows is not an absurdist play, but the acts ? Can you remember any portion of any proceedings of an American court of law. It is not conversation to that effect ? a two-bit Mississippi court, it is a Federal Court, MR. FORAN: I object to that. JOHN FROINES and the defendants are on trial for the violation of THE COURT: Sustained. a civil rights act passed on April 11, 1968 as a MR. WEINGLASS: Isn't it a fact, Mr. Frapolly, that the only thing you testified to here in three THE COURT: (Angry, admonitorily) You ask for memorial to the assassinated Martin Luther King. days definitely were things that were coached and anything that you want. When you begin to keep The Conspiracy Eight— Tom Hayden, Abbie Hoff­ told you and that you could remember because your word around here that you gave the court man, Dave Dellinger, Rennie Davis, Lee Weiner, you were coached only dealing with possible perhaps things can be done! Jerry Rubin, John Froines, and Bobby Seale—are indications of the defendants' guilt, isn't that true? MR. KÜNSTLER: (gesticulating) If we are going to MR. FRAPOLLY: That is not true, sir. talk about words' I am prepared to give you back charged with conspiracy to cross state lines with your words about Mr. Ball (Stu Ball, a member of the intention of encouraging people to partici­ the Conspiracy legal staff) yesterday and what he pate in a riot—riot being defined as an assemb­ said you said to him. We have the transcript now. lage of three or more people where violence may THE COURT: Don't point at me, sir, in that manner! occur. MR. KUNSTLER: I just feel so utterly ashamed to be an American lawyer at this time! They each face ten years in jail and a ten- THE COURT: (sharply) You should be ashamed of thousand dollar fine if convicted. your conduct in this case, sir! William Kunstler and Leonard Weinglass rep­ MR. KUNSTLER: What conduct... when a client is resent seven of the eight defendants, all but Seale, treated in this manner! Both are defendants too, facing many counts of THE COURT: (exasperated) We will take a brief "contempt." recess! Tom Foran is the Chicago US Attorney and head MR. KUNSTLER: Can we have somebody with Mr. Seale? We don't trust. . . prosecutor. A Daley Democrat, he feels that no THE COURT: He is not your client, you said! speech is "protected by the US Constitution ex­ MR. KUNSTLER: We are speaking for the other cept purely the written and spoken word. He will seven. be fired by the Nixon administration after this case THE COURT: The marshals will take care of him. and will probably run for US Senator from Il­ MR. RUBIN: They'll take care of him alright. THE COURT: (to stenographer) Take that down. linois. He is fond of making campaign speeches in The court will be in recess. the courtroom. THE CHIEF MARSHAL: (whacks gavel): All Rise ! Richard Schultz is the assistant prosecutor who DAVE This court will take a brief recess! kisses Judge Hoffman's ass and does most of the (As the judge moves swiftly from the courtroom, work. DELLINGER members of the press crowd around the defendants' Judge Julius Hoffman (THE COURT in the trans­ table writing vigorously in their notebooks. Hur­ riedly, marshals remove Bobby Seale to the lockup. cript) is seventy-four. He married into Bruns­ MR. WEINGLASS: That is not true ? You were Other marshals swiftly clear the court room of wick Corporation money and bought his seat on with these men from August 9 to August 30. Could spectators.) the bench in a 1952 Dirksen campaign, He was you give the jury one conversation that you would (The session has been resumed: The full cast appointed by Eisenhower in 1953 to the federal recall that would indicate that these men were men of peaceful intent ? Did you hear one conversation is reassembled. The judge, standing, surveys judiciary. The last twenty-four cases in his court to that effect in the three weeks ? the defendants' siri» of »h« courtroom. All but have ended in convictions. Twenty-five cases ago, MR. FORAN: Object. two of the defendants are seated, refusing to rise when a jury acquitted, he put a juror in jail for THE COURT: I sustain it. upon the judge's return to the bench.) two years for reading a newspaper clipping on the MR. WEINGLASS: Do you ever recall having a THE COURT: Let the record show that...Are all case. conversation with Mr. Dellinger wherein he indicated of the defendants here ? that all of the activities which were to occur in the MR. SCHULTZ: No, your Honor. Mr. Weiner City of Chicago... is not here. MR. WEINGLASS: If Your Honor please, the buckles THE COURT: We Will have to wait until he comes... on the leather strap holding Mr. Seale's hand is (Immediately, Lee Weiner enters the courtroom digging into his hand and he appears to be trying and slips into a seat at Defendants' table) to free his hand from that pressure. Could he Let the record show that none of the defendants be assisted ? have risen other than Mr. Froines and - THE COURT: If the marshal has concluded that MR. SCHULTZ: (helpfully) Hayden. he needs assistance, of course. THE COURT: - and Mr. Hayden. (The jurors, who have been hustled out to the jury THE MARSHALL: The Court will now resume room more times than they or anvone else can rememner, are on ineir leei even as the judge its session. (The judge seats himself) turns toward them) I will excuse you, ladies and gentlemen of the jury, with my usual orders. (As the jury files out, the Chief Marshall moves to Inspect Bobby Seale's bindings. Seale struggles against the straps. Other marshalls restrain Mm forcefully.) MR. KUNSTLER: Your Honor, when are we going to stop this medieval torture that is going on in ABBIE HOFFMAN this courtroom ? I think this is a disgrace. (Jerry Rubin attempts to aid Seale; he is roughly Bobby Seale throughout the trial maintained that shoved away) he was unrepresented by counsel. Judge Hoffman MR. RUBIN: This guy is putting his elbow in insisted that Kunstler represented him. The rec- Bobby's mouth and it wasn't necessary at all ! cord shows Seale fired Kunstler in open court MR. KUNSTLER: This is no longer a court of order, Your Honor; this is a medieval torture before the jury heard any evidence, legally be­ chamber ! It is a disgrace! They are assaulting fore the trial began. the other defendants also! At intervals throughout the trial, Seale would MR. SEALE (Who has managed to work off his stand up and demand to cross-examine witnesses, gag): Don't hit me in my balls, motherfucker! (He accusing Judge Hoffman of being a racist in de­ pulls furiously at the leather strap.) This mother­ nying him his Constitutional rights as a black man fucker is tight and it is stopping my blood! MR. KUNSTLER: Your Honor, this is an unholy JERRY RUBIN to defend himself. disgrace to the law that is going on in this court­ The day before these incidents, Hoffman or­ room and I as an American lawyer feel disgraced. THE COURT: (To Leonard Weinglass) Will you dered Seale gagged. Seale stiU spoke out so he MR. FORAN: Created by Mr. Kunstler! continue with your cross examination ? could be heard. The gag was tightened and Seale MR. KUNSTLER: Created by nothing other than whai MR. WEINGLASS: If your Honor please, I would was chained and shackled to his chair. you have done to this man! like to inform the Court that the reason the other On October 30, Seale sat in his chair, a tight MR. RUBIN: You come down here and watch it, defendants are not rising, I am told, is because Judge. Mr. Seale is not able to rise due to the fact adhesive and tape gag in his mouth and around MR. FORAN: May this record show that the out­ that he is shackled to his chair and they are sitting the top of his head. He was bound to the chair with bursts are the defendant Rubin. in silent protest of that fact. handcuffs, leg shackles and a heavy leather strap. MR. SEALE: (Screaming at knot of marshals who In Nazi Germany, no defendant was ever bound now surround him): You fascist dogs, you rotten and gauged In court. low-life son-of-a-bitch. I am glad I said it about CONTINUED ON PAGE 6 THE BLACK PANTHER, SATURDAY NOVEMBER 29, 1969 PAGE 6

MR. WEINGLASS: Mr. Kunstler advised me of it MR. WEINGLASS: I accepted that as intimidation. and that it is true. THE COURT: You are mistaken. This court MR. SCHULTZ: If the Court pîèaseTMr. Weinglass'. doesn't intimidate lawyers. conduct in Ulis case is a shameful thing! A shame­ MR. WEINGLASS: What does your Honor intend... FAIR TRIAL ful thing! THE COURT: It cautions you not to repeat your MR. WEINGLASS: Could we have a - - conduct. . . MR. SCHULTZ: Mr. Weinglass in front of this MR. WEINGLASS: Well, I fail to see - jury . . . THE COURT: And again I caution you not to say - CONTINUED FROM PAGE 5 THE COURT: Mr. Weinglass, you made a vile. . . utter the kind of remark you have made here this MR. WEINGLASS: You are going to have to hear morning. I further would like to inform the Court that standing MR. WEINGLASS: I would like to know what remark here at this lectern, I am just five feet from a from me because I am at the lectern and not Mr. Schultz. Are you going to permit him to interrupt? I have made that - man who is shackled and gagged and tied, and who, THE COURT: I shall not answer your question, when the jury is not in this courtroom... THE COURT: Yes. Now you nave . . . MR. WEINGLASS: I am at the lectern . . . sir, because when I attempt to answer them you THE COURT: (sharply) Will you continue with interrupt me. your cross examination ? HE COURT: You made a vile accusation about tne MR. WEINGLASS: I give the court my assurance MR. WEINGLASS: ...is physically assaulted by the that I will not. marshals... MR. WEINGLASS: I have asked the Court for the normal privilege to answer the comments of the THE COURT: I couldn't take your assurance "be­ THE COURT: If you have any observation about cause you have violated it on many occasions. some other thing, I will permit you to make it at prosecution, and I have been denied it. I am being denied it after waiting for the prosecutor to finish MR. WEINGLASS: Well, there is another charge. the end of your cross examination. his argument. Now Mr. Schultz interrupts me in I would like to know what I did this morning-that the middle of mine and your Honor recognizes him, intimates contumacious conduct. and that is the kind of treatment, duplicitous treatment THE COURT: I told you, I will not answer your that has been going on here for five weeks, and î question. object to it. I object to it ! MR. SCHULTZ: If the Court please, when the jury THE COURT: You may continue, sir. is brought in since Mr. Weinglass made statements MR. WEINGLASS: Your Honor will recall at the in front of this jury that we can't proceed with beginning of this case I made a legal motion that this trial because a man is bound and beaten in this jury was improperly selected because persons front of the marshals I would ask the court th.t who were not registered voters were excluded from when the jury is brought in that the court again the courtroom and I cited case law and I cited to somehow negate the comments that Mr. Weinglass facts. Mr. Foran's answer to that argument was tried to and in fact did make in front of the jury an unfounded allegation that somehow we and our state again that Mr. Seale is bound because he staff and myself have been tampering with the jury. continues to disrupt the trial and as soon as we get his assurance that he won't, the shackles and the gag will be taken off. I think that is proper -* the government is entitled to a fair trial here, too, and Mr. Weinglass is doing everything he can to deprive us of that. I ask the Court to so instruct the jury because of Mr. Weinglass' comments. MR. WEINGLASS: I think if your Honor is going to instruct the jury it will be that Mr. Seale continues TOM HA YDEN to assert that he has the constitutional right to defend himself and that is why he is in shackles and MR. WEINGLASS: I am attempting to explain to the that is why he is gagged. court why it is impossible for me at this point to proceed with my cross examination of this witness. THE COURT: If it isn't possible, then you may sit down. MR. WEINGLASS: It is becoming - I think it will soon be apparent to the Court that it is increasingly difficult for this proceeding to continue in any sort of an orderly fashion while one man is sitting here gagged, bound and beaten. MR. FORAN: Your Honor, may 1 ask the jury be excused ? (The jurors begin to rise.) I object to Mr. Weinglass' comments as wholly improper. THE COURT: Do you want to continue with your cross examination ? MR. WEINGLASS: I do not. THE COURT: Then you may sit down. MR. WEINGLASS: At this point I would like to move the Court, as a motion of the defendants to poll the jury to see whether or not the jurors feel thev can continue- in this case with orderly deliberations while one man is sitting here receiving the treat­ LEE WEINER ment that Mr. Seale is being given in this room. THE COURT: Deliberations - MR. WEINGLASS: May we have a voir dire exam­ £ THE COURT: You are directing me? ination for this purpose ? £ MR. WEINGLASS: I am making a request the same MR. FORAN: Your Honor, may the jury be excused ? •J as Mr. Schultz makes a request. When he makes a THE COURT: Yes. Ladies and gentlemen of the ** request it is a request; when I make it, it is a jury, you may be excused with the usual orders demand. you have been given for the day. MR. SCHULTZ: That is an example of how these (The jury files out) lawyers are fostering this conduct . . . because they MR. FORAN:. That statement of counsel was the know as the court knows, and every lawyer knows, worst attempt to corrupt the jury that I have ever that the record is made for Mr. Seale but yet they seen attempted by any lawyer and the Government persist in saying for the record that his Six Amend­ protests and asks that counsel be admonished. ment rights have been violated. . . . This is un­ MR. WEINGLASS: I insist you'admonish Mr .Foran. I believable conduct. Maybe that is the way they have just made a motion, it is a legal motion, it is practice in New York, but not here, not here. Mr. proper - it is proper for an attorney before the Weinglass and Mr. Kunstler . . . Court whenever in the course of a legal proceedings MR. WEINGLASS: (angrily) Is your Honor going to he feels that a jury cannot continue with the orderly cite the canon of ethics? process of deliberation, to voir dire mat jury. I MR. SCHULTZ: (in the manner of a crusading DA) have made that motion. I have made it in legal form. Mr. Weinglass and Mr. Kunstler together are as­ Mr. Foran knows there is nothing improper about sisting these defendants in all their efforts to dis­ it. However, he insists on answering that motion by rupt, to destroy these proceedings, to corrupt the a personal attack on me saying that it is the gros­ judicial process. Both of them, both of them to­ sest misconduct. gether right at this rostrum. Mr. Weinglass just We have had Mr. Foran sitting at counsel did it. I just want to make those comments, if the table acting as an attorney but seconding as some Court please. kind of an agent watching wnom we taiK to at uns MR. WEINGLASS: IF your Honor please, these are table and reporting to the Court; holding private interesting comments because if your Honor will conferences with Mr. Kunstler and myself, and recall, yesterday Mr. Seale was seated at the table, then advising this Court as Mr. Schultz did of the the courtroom proceeding was not in anv wav dis­ private comment that Mr. Kunstler gave to him - rupted until Mr. Schultz got up and told the Court both a gross breach of an attorney's ethics. that Mr. Seale made remarks to persons in the We haven't, by the way, advised the Court of Mr. audience before your Honor came to the court which were designed to inflame the audience when, in fact, Mr. Seale did just the opposite. He told the audience to, "Cool it," and it was because of Mr. Bobby shackled in fascist courtroom. Schultz' interpretation of what Mr. Seale said to the audience that Mr. Seale is right now gagged and bound. And here he comes before the court now pleading somehow that this conduct was connected with something I have done and Mr. Kunstler has The only case he cited against us, Griffith v. the done. Actually yesterday at two o'clock. Mr. Seale United States, if your Honor read it your Honor was seated quietly at the table until Mr. Schultz will know that that was a complete miscitation. It felt compelled to tell the court that he heard Mr. had nothing to do with the facts before the court. Seale say something that was inflammatory and it THE COURT: Are you arguing now a motion that was not, it is that misstatement that has Mr. Seale I have dendied, that I denied four or five weeks ago? in his present position. MR. WEINGLASS: I am answering Mr. Foran's MR. KUNSTLER: Your Honor, if I can just add one charge that what I did by making Ulis motion to comment, speaking for the seven defendants, except voir dice the jury was gross misconduct. It was Mr. Seale. The point here is not some appellate absolutely proper conduct. I would be remiss point. Mr. Seale wants to defend himself now, he in my duty to my client if I stood in this courtroom wants to have his trial now and defend himself with fifteen marshals standing at the door, one man now and not some day in the future on some future gagged and bound, the marshals striking at him, trial. It is his right of defense now. and not asking, the court the simple request of What Mr. Schultz is saying is that Mr. Seale must asking the jury if they could continue to deliberate sit back, take your assurance, take his assurance RENNIE DAVIS in this trial. I see nothing improper with that. The that he has a good appellate point or may have one only thing improper is Mr. Foran's answer. And preserved on the record and some day after he is ,1 plead with this court to cite to Mr. Foran the convicted and reversed in the Supreme Court come Schultz' answer to Mr. Kunstler. Mr. Kunstler, in canon ethics which your Honor knows about, which back here and retry this case. We want to try that private conversation, asked him about the your Honor has a copy of, which admonishes attorneys the case now. quality of the witness who he is bringing. in an adversary proceeding to refrain from making Mr. Schultz said, "We are scrapping the bottom a personal attack on the opposing attorney. Not of the barrel." only have you permitted it, you have added to it MR. SCHULTZ: (leaping to his feet, flushed; darts your own intimidation of me personally that will toward the lectern) That is not true. That is not ~ be dealt with later ! Mr. Weinglass was not there. Mr. Weinglass... If THE COURT: That wasn't intimidation, sir, that CONTINUED. ON PAGE 16 the Court please! - - was... THE BLACK PANTHER, SATURDAY NOVEMBER 29, 1969 PAGE 7

there is a drastic lack of read­ building refused to leave the chow ing material with any social hall and Warden "Adolf Nelson value, although sex and cowboy was roused from his down-filled books abound; and numerous bed and called to the Denver other injustices the prisoners are County Dungeon. "Adolf Nelson forced to endure. The over­ felt he now had the excuse to SHACKLED whelming majority of these in­ fulfill his ghoulish plan. Alfred mates I might add have not been and I were accused of being the convicted of any crime and are ringleaders and were cast into therefore considered to be Inno­ the abyss they call "the hole". cent. (After witnessing this, my The ogre now had all three.. Pan­ heartcriesout in agony for those thers In'isolation', away from his convicted ' and sentenced to once complacent slaves. But the prison). word had gotten out and the Fascist "Adolf Nelson and his parasitic press decended on the LIKE A SLAVE ghoulish running dogs now sensed dungeon. In the stories that ap­ their chance to remove this oasis peared in the Denver press, no of sanity (Alfred) from the midst mention was made of the peti­ With a resounding clang, the and we were left with nothing their hopes for partial relief from of this cesspool of despair. They tions from buildings six and eight, harsh piercing sound of metal but the concrete floor or the their suffering on, released us accused Alfred of also violating that were signed by over 300 in­ ringing on metal rang in my hard cold iron bunk to sit on (Rory and myself) from «Isola­ his visiting "privileges" and sent mates—Black, White, Brown and ears. The haunting laughter of the until 9:00 at night. tion" and allowed us to join the him to "red tag". "Red tag" is Red—brothers all, In this com­ perverted pigs who had slammed But just as one day follows other prisoners in "population". a cell tier where prisoners are mon hell hole. In the distorted shut the flaps, closing off all another, all that had come and This excursion into the ugly world usually sent for political beliefs, press the demands were attri­ outside light and ventilation ling­ passed Now here I was in the of "population", however, was the length of their hair or for re­ buted to the Black Panther Party ered with me long after they had "hole, and again, as Is that dark short lived and lasted less than fusing to be bootlicking lackeys instead of to the inmates from departed. There I stood without cubicle where I was not alone. a week. Hardly had Rory and I and submit to their program of whom they originated—as if the my shoes or socks on the cold You see there are three Panthers time to gain but the most per­ de-humanization. On "red tag" prisoners were unable to speak concrete floor. The pungent stench in the Denver County Dungeon, ceptual knowledge of the pro- your food is pushed under your On their own--and Alfred and I cell door to you. You only leave were again pegged as the "ring­ your cell to shower twice a week leaders". Regardless ofthe calm and once every 5 or 6 days to reassuring statements by the watch television. Like "isola­ keeper of the dungeon, Warden tion" and the "infirmary" there "Adolf Nelson, that the situa­ are no wholesome programs for tion was nothing serious, the recreation, In fact there is no slave revolt has shaken the very recreation at all. Into this mass walls of this medieval dungeon of human misery, this anachron­ and signals even greater things istic piece of médiéval barbarity, to come--for the conditions re­ was now injected after spending main unchanged. one week in the "infirmary." So here we are in "the hole", Soon after I arrived on "red a place where the most recal­ tag" the bars were sprayed with citrant slaves—our forefathers D.D.T. and less than two hours and mothers—were forced to later our food, which never even abide in the reeking stench of arrived warm, was slid under dungeons to await their fate for these D.D.T Infested bars for us daring to speak back to the slave- to eat. 1 was in cubicle No. 15, master—harborers of freedom. a tiny confining concrete cubby Its been over 350 years and it hole 9 feet by 5 feet, our com mon hasn't been an easy task. There goals and aspirations gave us a are no mattresses in "thehole", feeling of closeness not only with no water, no toilet and no venti­ each other but also with Com­ lation. In order to relieve your­ rade Rory who we knew was self, you are forced to squat down undergoing similar treatment over a 6 inch dark filthy "hole" in the corner of the jail known in the floor covered with a metal as "isolation". Every night we grate, and the guard, who Is the would discuss politics and our only one who can flush lt, flushes people's (all the people's) libera­ lt every three to four hours at tion struggle. I had been on "red his convenience. The stench of tag" about three days and Alfred this awful place Is almost over­ about one and a half weeks when whelmingly nauseating and the a list of grievances and demands cold concrete walls that are cov­ RORYAND LANDON STRONG DESPITE FASCIST COURTS AND JAILS were circulated for the approval ered with anti-establishment of stale urine assaulted me and and the ruthless "jail" admin­ gramlng, de-culturizing and de­ and endorsement of the Inmates graffetl and pleadings for mercy stung my nose and eyes. It brought istration could not, Indeed did not humanizing that the savage on the tier. This was a very to a nonexistent god, and cold back bitter memories of passages blink their eyes until all were guards exact upon the helpless beautiful and inspiring sight, the concrete floors robs the warmth I had read in books about the filth "safely" stored away In isola­ prisoners, through Intimidation zombies who had submitted for so from your very body. But Alfred, and squalor of the slave quarters tion, separated away from the and outright physical attacks, long were beginning to awaken. Rory--who Is in the cell right of 17th, 18th, and 19th century other prisoners so that we could than we were accused of vio­ Their in-humane, de-humanizing next to "the hole"—and I laugh AmerlKKKa. Somewhere out of not " stir up trouble" among lating our visiting "privileges" conditions had sparked their will In the faces of these simple pigs the dark recesses of my head I the other poor souls who have and returned to Isolation. Only to resist. This petition called Don't they, the knot-brained heard a little voice saying wel­ the misfortune to inhabit this this time Rory was returned to for clean mattresses and blan­ fools, know that oppression only come to the "hole". piece of hell. One Nat Turner cell No. 4 and I was placed in kets, hot food, dally showers, creates resistance. I've been wholesome recreation and the re­ everywhere in this dungeon of I had finally made the com­ had been enough. The slave- what is called the "infirmary" masters deathly fear a slave re­ (the Germans called the gas ovens pair of the radio speaker. Alfred despair: "Isolation", "popu­ plete rounds. There Is not a and I, along with fourteen other lation", "infirmary", "red place left in the Denver County bellion among the zombies who In which 6 million Jews died-- they completely control, and when "showers "). inmates signed it. The petition tag", and "the hole". My spirits Dungeon -- that is euphe­ was then placed In a sealed enve­ were never higher and my re­ mistically called a jail—where the zombies dared to rise up From this point on the ghou­ in protest against the inhuman lope and sent to the keeper of solve to fight on never stronger. I have not been and suffered lish mechanizations of "Adolf I know that this is just a con­ conditions here, Alfred, the other Nelson and his friends began to the dungeon "Adolf Nelson. The persecution for retaining my next day brought even more tinuation of the brutal oppres­ political beliefs. I thought about Panthers, and myself, found our­ unfold very rapidly. As I have selves cast into the "hole". The glorious news, for another peti­ sion that led to the slave re­ when brother Rory and I were said, there are three Panthers volts on the ships, Denmark Ves- events leading up to this step in this dungeon they call a jail: tion appeared. This one signed by first kidnapped off the streets over 150 people throughout the sey, Nat Turner, Malcolm X. and dragged off to this evil place. are typical of the types of bru­ Rory Hithe, AlfredHassan and my­ tality and arbitrariness of the entire building. Indeed these Harlem, Watts, Detroit, Huey P. My mind drifted to how we were self. Alfred had been In "popu­ Newton, Bobby Seale, and the re­ so-called discipline that takes lation" for quite sometime and prisoners who had suffered placed in a dirty concrete cell "peacefully" for so long In si­ volt by the prisoners in the Den­ (#4) in the "isolation" section place In the Denver County Dun­ had contiually resisted and geon. lence had begun to stand up, ver County Dungeon rising up that had a light so dim until spoken out against the unsanitary out of the very depths of moral disease ridden conditions that a- raise their voices and demand the mere striking of a match was After four months of confine­ better treatment. We all signed degradation and humiliation. Al­ like the brilliance of a signal ment in isolation in that dimly bound here—the high rate of though my body may be bound hepatitis outbreaks is a small this petition and "red tag" buzzed flare and we had to shield our lit cell--during part of which we with excitement and expec­ and shackled, the driving force eyes from its intense light. For were starved, denied visits from measure of these unsavory con­ cannot be held down by chains ditions. The prisoners are forced tation—for in unity there is 40 days, because we refused to friends or relatives, refused mall strength and the inmates were and will always seek freedom and submit to performing involuntary and correspondence, not allowed to sleep on filthy mattresses that dignity. Shackled like a slave? are caked with crud, blankets united together. One day passed servitude --in accordance with commissary (soap, toothpaste, and the petition went unheeded F—K IT! WE ARE LIVING IN our rights under the 13th and etc.) were not allowed reading that are never changed or cleaned AN ERA OF WORLD REVOLU­ (Alfred had the same one for over and unanswered. Then two days 14th amendments to the constitut- material of any kind and were passed with still no reply--the TION. THE RED BOOK IS MY tution of the U S --and clean up allowed out only twice a week seven months); the guards are BIBLE, THE GUN IS MY STAFF. totally unsympathetic to humanity keeper of the dungeon "Adolf the pigs funky pig pen, we were to shower and shave and then Nelson had decided to ignore the kept on a starvation diet that Immediately returned to our and constantly threaten the in­ mates; pig slop is served and they petitions completely. On the 3rd ALL POWER TO THE PEOPLE consisted of dry bread and water. 9' x 6' cell (less we contaminate day the prisoners took dramatic Then when these tactics failed to someone with the germs of free­ (prison officials) have the nerve to call lt food; only one 15 minute action, everyone on "red tag" break us they were changed and dom and dlgnlty)--the new keeper threw their trays over the tier Landon Williams we began to receive food but of the dungeon, fascist Warden visit per week is allowed,that de­ Political Prisoner nies the inmates the \rlght to onto the floor at breakfast and Denver County Dungeon then our mattresses and blankets William "Adolf Eichman" Nel­ lunch, 180 prisoners from the were taken at 5:30 in the morning son, who the prisoners had placed see our friends and loved ones; Denver, Colorado

things that we have are stronger ing to survive fascist America. about and what an evil system to teach Kijana and teach the than any bars or any jails that There never has been an oppres­ it is. And that we must all do other young Panthers. Like it MESSAGE they can build and that our sive society that the people have all we can In order .to crush lt. said on the first newspaper this strength comes from our people.* not been able to crush. They She'll also understand the reason year: 1969 The Year of the That's the only real power In crushed all of them. They crushed why her daddy isn't there, why Panther. That's right. There's the world. The only thing worth the power of Rome, they crushed Rory isn't there, why the Chair­ little Bunchy Carter, John's baby TO ORA fighting and dying for. the British Empire and they'll man and Huey aren't there. She'll is out, who else? Papa's got a I realized when I left that I crush the fascist American Em­ understand that we all sacra- little boy, Randy's got two boys, might not be coming back or I pire. They'll trample it into the ficed and put everything we had Randolph's got a little girl, we Tell Kijana I said that, youth might be delayed or whatever. dirt. on the line for the people. It's got a little girl, it's the year of make the revolution, the youth And I know that you knew that Kijana now is going through very important for her to under­ the Panther. And all those Pan­ will keep it strong. too. I don't know, I just miss the stage of perceptual know­ stand that. We know that after ther Cubs got to be educated I miss you very much Ora. you a lot, baby. I miss our daugh­ ledge. You should read to her a the imperialists are overthrown correctly. I know that you miss me a lot ter. I miss being with the peo­ lot, like articles out of the news­ they'll try a counter-revolution. ALL POWER TO THE PEOPLE, too. This is something that we' ve ple. I miss teaching Political paper. She may be too young We know that because that's his­ WE'RE GONNA DAMN SURE talked about many-a-time. We've Education classes. I know P E. to fully understand them now but torical materialism. If she WIN. talked about the fact that we might classes are still going on be­ she'll get used to hearing the doesn't understand why we fought I'll see you on the day of not always be together and the cause If they're not that means words. When she does begin to and struggled so hard then she victory and final victory belongs reason why. Because of the fact I didn't do my job while I was understand more she'll start to may have to go through this all to the people. that we' re in the bowels of fas­ out. form correct concepts about what over again. So it's up to you and cist America, we feel that the I know that the people are go­ fascism and capitalism are all up to the other Party members Landon, Political Prisoner THE BLACK PANTHER, SATURDAY NOVEMBER 29, 1969 PAGE 8 TO ALL BROTHERS REACTIONARIES AND SISTERS You know that me and brother this oppressor country radical ARREST Rory are here in Denver County used to sneak out of his cell Jail. Like they said, if you want everyday and bring us around to know the taste of a pear you some candy bars and some food, must take a bite of it. And let which is out of sight. He really me tell you, the bite in this shows that it's not a race pro­ PANTHERS jail is pretty bitter. But they blem. It's a problem of bureau­ can't get our spirit down because cratic capitalism and he under­ Three members of the Phila­ pie to fascist acts that go down triple-checked, the pig said, "He we know that the people are going stood that. delphia Branch of the Black Pan­ like this one. They searched the really is clean." ther Party were signalled to stop car, and found nothing. to win. We know that; that's a Just keep on pushing on, At 9:00 p.m., a pig told his fact. at Walnut St. near 49th, on the At approximately 3:10 p.m., pigish friends that they had found brothers and sisters. That's all 14th of November, at approxi­ All I want to say to all of I got to say. they were separated. a rubber bag with some hyper- you is just keep on pushing. They mately 2:30 p.m. The occupants Richard Bruton--among three dermic needles with some of the car, Richard Bruton, Her­ tried all kinds of tactics on us. ALL POWER TO THE PEOPLE pigs, insisted to know on what residue in them...lying hypo­ They've tried starving us. That bert Hawkins, and Jackie Smaugh, charges they were being held on— critical, demagogic punks. At were directed to get out of the they didn't know. They didn't know didn't do no good. We told them Landon about 1:00 a.m., November Î5, that getting us hungry or having car, which they did, and they were one thing about constitutional Herbert Hawkins and Jackie us hungry was just like throwing searched. Nigger lackey pig told rights. They didn't know why they Smaugh were arraigned at $300. Brer Rabbit in the brier patch. RORY them that they were dodging traf­ (the Panthers) were apprehended. The friends of the Panthers Because we grew up in the ghetto This is Rory. I don't really fic. The Panthers then questioned Dummies, tools of the fascist raised bail for Richard Bruton, and we're used to hunger. It's know what to say. I feel like the pigs atout the split white power structure. which was set at $1,000. Herb things tike that, that we're fight­ Eldridge did when he said, lines, which got the criminal pigs Angry words were passed and and Jackie were charged with: ing to overcome and it just "What's there to talk about"? Be­ uptight, making one pig say, Richard was beaten uncon­ strengthens our resolve. They cause we still ain't free. But "You...you got a nasty mouth, sciously. These 'Guardians ofthe 1. Larseny on an Auto tried taking our mattresses away as for this prison--it has failed. you got a nasty mouth". They Law', beat one man unconscious 2. Possession of Narcotics leaving us with a cold piece of Fascist kidnappers here in insisted that it is illegal to switch for uttering words, consider a 3. Conspiracy (?) concrete and a slab of steel to Denver have failed because me lanes. For the Panthers life is similar incident made by the peo­ 4. Receiving Stolen Goods lay on all day. That didn't move and Brother Landon are going illegal. But we're going to keep ple. Now, that's grounds for as­ us. We still refused to bow down to keep on pushing. And we hope on living. Brother Richard, not sault and battery. Was the pig Fish was charged with: to their arrogant demands. They that you' re going to do the same. wanting to get antagonistic, then charged? No, Richard Bruton, be­ tried separating us but we say We know that you' re going to do ended the conversation with a cause he's Black, and a Panther, 1. Assault & Battery on a pig. that, that's just like picking up a the same. 'Right On', leaving the pig to cannot receive the slightest 2. Larseny on an Auto stone to drop it on their own feet. 1 really don't know what to say, say, "you got a nasty mouth, inkling of justice, especially from 3. Possession of Narcotics Because now instead of us con­ I'm at a loss for words. I know you got a nasty mouth." the unjust. 4. Conspiracy (?) ducting propaganda in one place this message is going to be heard The Panthers were ordered up At approximately 4:10 p.m., 5. Receiving Stolen Goods we conduct it in two places. So by everyone and I just want you against the wall, as nigger Richard woke up feeling every 6. Resisting Arrest all the tactics of imperialism are to know that Brother Landon and lackey-buck-dancer snapped on inch the way he looks in the pic­ doomed to defeat. I will not bow down to tools of the braces. Two more pig ture. At 6:00 p.m., two gestapo POWi's FOR PANTHERS, We've been talking to just about fascism. We will continue to car­ pushers, and one wagon came onto pigs took him to P.GH., where everybody. We talk to Chicano ry the message of the Party the scene. The Panthers were led the doctor, checking him, told brothers. We talk to White wherever we're at. Our revolu­ to the wagon, m gestapo style, the nurse to prepare some peni­ ALL POWER TO THE PEOPLE radicals. We talk to Black tionär^ strength, as far as being with Richard asking them what cillin and cocaine. Richard im­ brothers out here. And they all conquered, is unconquerable be­ the charges were, the pigs an­ mediately refused treatment, and BLACK PANTHER PARTY seem to understand that America cause it is founded in the people. swered, they didn't know. Head­ was taken back to the pig pen. Philadelphia Branch is ridden with fascism and And like I said, I really don't quarters told them to bring the As soon as he (we call Richard, 1928 W. Columbia Ave. racism. know what to say. I hope this Panthers in. The Panthers had Fish) was place in the cell, some Phila., Pa. 19121 200 copies of our Black Com­ pigs from the narc squad came Talking about speaking to White will be sufficient. 215-CE6-3358 munity News Services, the Black to check the Panthers out. They West Cook radicals; you know that social ALL POWER TO THE PEOPLE Panther, which Is used to hip peo- checked, and checked, and practice is the criterion for the truth; and when they had me and Rory Hithe brother Rory on bread and water Political Prisoner PIGS HARASS THE PEOPLE ARMY PIGS KIDNAP PANTHER On Nobember 3, me and an­ other brother were selling Black Harlem Branch, B.P.P. communist party. I told them I we were going to the pound. Min­ Panther Newspapers If front of Wednesday, Nov. 12,1969 was discharged in June under ar­ utes before transfer they re­ White Front Store and educating Special Report : att: Defense Capt. ticle 212, undesirable and re­ prieved thoseordersandsent us to the masses, we saw fascist pigs N.J. ceived a Bad Conduct discharge a barracks under restriction. in action. : att: O D. Har­ for insubordination. They said I took this opportunity to leave We saw a sister run out of lem Branch your case wasn't closed so you're and call the Harlem office so they White Front with some pigs chas­ On Wednesday, Nov. 12,1969, at being charge with AWOL since could get in touch with N.J., so ing behind her for no reason at approximately 8.p.m , I was re­ the day you left. They went on someone could come and pick me all. The sister was finally lieved from baby sitting by to blow about being a disgrace up. I waited to the phone center cornered by the pigs. The sister Twynman so I could go too an­ to my country etc. They then so that I could get out. Clarie told the pigs to leave her alone. other pad to bathe. As I unhandcuffed me and pulled my came at about 5:00 and took me She was aware that this was a turned the corner on 117th St., hands over my head and hand­ and the brother that I was hand­ form of pig harassment, since she a plainclothed pig jumped out of cuffed my wrists to a pipe; bra­ cuffed to earlier , off the base, had not committed any crime, but a black car, shoved a badge and cing my back with a chair they summary; the fascist pigs continued to pull a .38 In my face and said I was pulled my shirt up over my chest on her. The sister then opened We exposed this incident to the under arrest and wanted by the and pulled my legs, then the pig On my court martial (general) her purse to show these scoun- people around sighting this act as drols that she had nothing in her AFP. (armed force police), for said, I'm going to teach you I was found guilty of insubordina­ a perfect example of fascist tac-v being AWOL At this time an­ how not to be a commie. He had tion. I was released from the purse and in the process she tics which are brought downupon^ other pig told me to stand up a towel which was soaked wet pound, told that I would receive said that she didn' t have any pants our people everyday. This was a against the the car, they then and tighten up, he doubled it and a record of the trial and discharge in her purse. The pigs then pushed clear example of a false arrest. hancuffed me and threw me In the started hitting it across my sto­ papers. I was given a transit re­ her into the car while all the time But Black people have no rights back seat. mach, I lost count after seven. quest, at this time I lived in Ro­ knowing that she was innocent. that the pigs are bound to At approximately4:00Ifoundmy­ chester, N.Y. I have not yet heard They pulled her out of the car respect. In the car, they said they and hand-cuffed her. They then knew I was in the B.P.P. which self in a cage with AFP. At from the pig army since my dis­ about 5:00 clock I was handcuffed charge on the 12th of this month. took her back into White Front Power To Those Who Deserve It I did not deny. while the other lackey pigs fol­ We went to some building down­ to another brother, then they Where they are coming from Zachary Abram transfered us to the 1st. Pet. about my case not being closed lowed behind bringing her town where I was moved by these friends. San Francisco Branch pigs to a room on the second floor, downtown Manhattan. At 9:00 we I dont know. In as much I will Black Panther Party they then proceeded to ask me were moved in a bus which took not allow myself to be taken again questions on the party and told me us to Ft. Dix, N.J. We arrived into custody. In revolution one for being in the B P.P. i was at 12:00. They took us to SPD , wins or one dies. subject to being charged with (special processing detachment), TO FINAL VICTORY treason and defecting into a officers interviewed us and said The overt stupid attempt to Party we criticize each other to destroy the Black Panther Party find out what is the correct way leadership in particular and the and or what is the wrong way. rest of the membership in general The leadership of the Black PIGS VAMP ON PEOPLE will surely fail. The Black Pan­ Panther Party is the higher body ther Party is armed with four of the Party. They're members The pigs have shown through that his grand-daughter was with no authority and seek to their practice that by their very hundred years of experiences as who have had more practice and pushed and knocked out of the ransack our homes in violation interpreted through Marxist- more political education than the. nature have no regard for your way by the pigs. of our HUMAN RIGHTS, will lives, or your welfare. Leninist principles, which helps rest of the membership. They When the people came out of hence-forth be treated as out­ the Party to deal with problems show the rest of the membership On Friday November 15,1969, their apartments into the streets laws, as gangsters, as evil­ at approximately 9:15P M , about from a scientific viewpoint. Arm­ the correct way to carry out our showing their disapproval. The doers." We draw the line at ed with these principles and the Party's policy which have been ten cars of pigs with around five pigs drew their guns and told the threshold of our doors." in each car pulled up in front of people on our side, the plgpower taken from the masses such as the people to get back into their When a pig drew his stick structure doesn't have a chance. the Free Breakfast Program and 164 Amboy Street jumped out of apartments. on one brother for protecting their cars and busted into the The pig power structure would the Liberation School. his baby, the brother related to like you to believe that by jail­ The people are also armed people apartments, and ran­ Point #7 of our ten point pro­ the pig that he had a stick and sacked their homes. ing or killing of the leadership with our theory and our prac­ gram states, We want an im­ he would use it if he (the pig) of the Black Panther Party, that tice, they are armed with ex­ It was reported by the people mediate end to POLICE BRU­ used his. the rest of the Party member­ amples of how to go on resist­ that the pigs had no search war­ TALITY and MURDER of black So Right On to the brother and ship will soon die (fall out of ing the pig power structure. The rant and they told the people to people." The people have shown the people. the revolution). This is an out struggle will be carried through get out of the god way, and that they want an end to Police an out lie. The whole membership to the final victory of the people. that they (the pigs) were looking Brutality, and they are relating ALL POWER TO THE PEOPLE! of the Black Panther Party knows for someone. When the people to instituting Executive Mandate the policies of the Party, and how protested to this kind of harass­ #3, which states; "those who to carry them out. It is not like ALL POWER TO THE PEOPLE! ment the pigs pushed the peo­ approach our doors in the man­ your boss or the president of ple and their children around. ner of outlaws, who seek to en­ BLACK PANTHER PARTY the fascist United States, where One brother was knocked over ter our homes illegally, unlaw­ BROOKLYN BRANCH Richmond Branch you have to bow and stoop to his Black Panther Party some tires he had taken off his fully and in a rowdy fashion, 180 Sutter Avenue command. In the Black Panther car. Another brother reported those who kick our doors down Brooklyn, N.Y. Eddie Denton THE BLACK PANTHER. SATURDAY NOVEMBER 29, 1969 PAGE 9 N.Y. 21 JOAN BIRD AND GO ON TRIAL It has been more than seven out of jail on reasonable bails. punishment.'' The infamous months since 21 members of the But Freedom Fighters, who have "Tombs," however, is the worst New York State Chapter of the not committed any crimes, are of all the city jails. The Panthers Black Panther Party were in­ held for "king ransoms," which who are jailed in the tombs are dicted by a grand jury on are tantamount to no bail at all. kept on 24-hour lock-up, the trumped - up charges of con­ Framing innocent dissenters lighys in their cells remain on AFENI SHAKUR spiracy to blow-up department and Black liberation fighters and 24-hours a day, and they are only stores, railroad facilities and the railroading them to prison on allowed to leave their cells to Our Minister of Information, Afeni Shakur is not accused of Bronx Botanical Gardens. jive conspiracy charges is noth­ see visitors. Eldridge Cleaver has said that having committed any crimes In Thirteen Panthers are still being ing new in imperialist Amerikka. Lee Berry (who was kidnapped women are not our weaker half, the indictment. The only crime held In "preventive Detention," Our Minister of Defense, Huey from a hospital bed on April 4, or our stronger half, they are Afeni appears to be guilty of in lieu of a ransom of $100,000. P. Newton, was railroaded to jail 1969), has had several epileptic our other half. We In the Black aside from being a hard working each. They have had nineteen by the racist pig courts in Ala­ seizures since he's been incar­ Panther Party do not relate to servant of the people - Is that bail hearings, and each time, meda County, California. During cerated in the Tombs. On July male chauvinism. When the fas­ she is a beautiful writer (her the fascist courts of New York the McCarthy era, conspiracy 23, 1969, Lee Berry suffered an cist pig gestapo forces (FBI, CIA "letters from jail" have appear­ city have refused to lower the busts were used to imprison the epileptic seizure and while he and state and local police) attack ed In the Black Panther Party ransom. leadership of the Communist was under the Influence of med­ our people, In the colonies of black Community News Serivce The ball system of fascist Party, U.S.A. But New York, In ication, a racist pig (correction North Amerikkka, they do not on numerous occassions), an art­ America was supposed to have particualr, has a long history officer) ordered him to "get the make a destinction between men iculate speaker and a fromidable been designed to insure the de­ of conspiracy busts. There's the f—k up." Still dazed, brother and women. And many of our com­ (to the pigs) organizer. fendant's return to court and Harlem Six in 1965. The plot to Lee Berry attempted to rise to rades, who are facing life im­ By indicting the N.Y. 21, the bail is usually granted, provided blow-up the Statue of Liberty in his feet, and the gestapo pig guard prisonment, or the death penalty, fascist pig power structure was the arrested person is not con­ 1966. Seventeen members of Ram drew a blackjack and commenced are women. Fourteen members trying to stop the implementation sidered to be a danger to the were indicted for conspiracy to to beat him about the head. of the New Haven Branch of the of the Free Breakfast for community. All of the N.Y. 21, assassinate moderate (uncle torn) Other Panther have been Black Panther Party (including Children Program, in the NYC, up to the time of their arrest, civil rights leaders In 1967. And placed in the "bing" (solitary our Chairman, Bobby Seale) were area. The national repression a- were outstanding community in 1968, five young brothers from confinement) when caught reading indicted for conspiracy to galnst the Party, can be directly workers and servants of the peo­ Harlem were charged with con­ the Party Paper. The N.Y C commit murder. Of the 14 Conn­ linked to the spread of the Break­ ple. The astronimical ransom spiracy to break into armories Department of Corrections had ecticut Panthers who have been fast for Children Program. Just placed on the 21, and Panthers and steal weapons and kill a declared that the Black Panther when the Breakfast Program was all across the country, (Landon pig a week. In 1969, the ball got Black Community News Service about to become a reality in New Williams and Rory Hithe are to rolling with the N.Y. 21. is contraband. All of the N.Y. :W>S4w¥>.«¥:¥>W*>::::WKf*S!^K York, the N.Y 21 was framed. being held for $200,000. each in These thirteen political pris­ 21, at one time or another, have The FBI was going around the Denver, Colorado) is nothing but oners are being held in seven been placed in the "bing", which city bragging that "the Panthers a slick facade for "pretrial De­ different jails in the New York includes 24-hour lock-up, no in New York are finished." But tention." Convicted murders, city area. All of them have been showers, no mail, no visits and no the fascistic attempts to destroy while pending an appeal, can get subjected to "cruel and unusual commissary privileges. the Party in New York, inpeded progress only momentarily; on May 19, 1969 the Harlem branch sane. We would not blow-up sub­ Acting on orders emanating Bobby Seale charged with con­ started its first Community ways that are ridden mainly by from pig Nixon, via racist at­ spiracy to commit murder) the Breakfast Program in honor of our own people and other op­ torney general Mitchell, pig J.J. fascist courts of New Haven have Malcolm X' s Birthday. pressed people. Where most of Hoffamn has set the precedent already layed down the "ground On October 8, 1969, Panther the workers are Black and Puerto for the type of justice that all rules". Everyone entering the attorney, Gerald Lefcourt, infor­ Rican and poor White people. Black people will be the victims courtroom will be searched. No med us that the pigs were trying Pig judge Murtagh set the trial of in the criminal courts of dying cameras, tape recorders and no to get a new grand Jury indict­ date of the N.Y. 21 for November Babylon. And we anticipate the sketching will be allowed. All ment against the N.Y. 21, and that 17, 1969. The jurors, that were demonstrations will have to be lt appeared so underhanded that chosen , many of them were held 500 feet away from the court­ two DA's had threatened to re­ bank vice-presidents, definately house. On November 22, the New JOAN BIRD sign. The new indictment would do not make up a jury of our Haven Chapter of the Party has be used to arrest the National peer group, (point number 8 of called for a national demonstra­ Leadership of the Party and other our Platform and Program reads) tion to protest the cruel and held, without ball, since May 22, members of the New York state WE WANT ALL BLACK PEO­ unusual treatment that the five 1969, five are women. Three of Chapter. PLE WHEN BROUGHT TO TRIAL Panther sisters are being sub­ the jailed sisters are pregnant TO BE TRIED IN COURT BY A jected to (they are incarcerated with their first child. A lawsuit was filed against the JURY OF THEIR PEER GROUP at Niantic State Farm). Francis Among the N.Y 21, two of the N.Y.C. Department of Cor­ OR PEOPLE FROM THEIR Carter, one of the three preg­ members of the N.Y. 21 are rections, charging Commission­ BLACK COMMUNITY AS DE­ nant womengave birth to an eight women. They are Joan Bird and er of Corrections, George F. FINED BY THE CONSTITUTION pound baby boy on Wednesday, Afeni Shakur. On January 17,1979 McGrath with being responsible OF THE UNITED STATES. November 12, 1969. She named Joan Bird was found in a dis­ for the "cruel and unusual pun­ When racist pig judge Julius the baby, Che Alprentice (Bunchy) abled car, near the scene of an ishment" that the NY. 21 are J. Hoffman ordered Bobby Seale, Carter. Rose Smith is due, in­ alleged sniper attack on two pigs. being subjected to. On October Chairman of the Black Panther terestingly enough, on December Sister Joan was taken in for 17, 1969, after the pigs played Party, gagged and chained for 24th or the 25th. Prison author­ "questioning" and during the a run around game, by changing defending his constitutional AFENI ities have announced that the eighteen hours that she was held the court-room several times, rights, and then sentenced Bobby rest of the pregnant women will Incommunicado, she was brutally the thirteen political prisoners to four years in prison for de­ SHAKUR give birth under heavy armed tortured by Lindsay's finest pigs. were brought into court, ac­ fending his rights, it became very guard in Lawrence Memorial On April 2, 1969 when fascist pig companied with their usual clear that historically nothing has same type of Nazi justice will Hospital in New London. cops kicked down the door of security: a-pig-a-Panther. Lying changed. It was Dred Scott in be used to railroad the N Y 21 pig DA Phillips announced the Joan's home, she was already 1857. Now It's Bobby Seale In off to jail when their trial FOW's FOR PANTHERS! on $5,000. bail. This time, when new grand jury Indictment, al­ 1969. For in the fastest courts starts. leging that the N.Y. 21 had also of decadent America, a Black man Zäyd she was re-arrested on the same Even though no trial date has Deputy Minister of Culture alleged charges, she was held conspirered to blow-up subways. still doesn't have any rights that been set for the Connecticut Pan­ This, of course was totally in- N Y.S Chapter on a $100,000. ransom. a White man is born to respect. thers (which also has Chairman Black Panther Party SPEECH AT RALLY FOR PANTHER 21

On the eve of Friday, Nov­ Lords, the Puerto Rican Nation­ the owners of the factories that The so-called justice depart­ struggled with the people against ember 7th, in Rio Piedras, alists and our oppressed com­ exploit us with hunger salaries, ment which we call the injustice exploitation. Puerto Rico, an attempt was made munities as well, for we are all of the rich Whites that own the department, has declared a war Dick Gregory once said, "We to burn down and destroy the political prisoners. If you don't cement slums where we pay the against the people. This is evi­ are the convicts, but in Wash­ national office of the Move­ understand what this means, if highest rents, of the racists that dent in the arrests made. Some ington there are criminals, ment Pro Independence of Puerto you think you are free, look a- don't want us to have our educa­ of our brothers are jailed two, someday the convicts will be able Rico. The attack was headed by round you. Look at the deplora­ tion either in Puerto Rico's high three oand four times. Some are to convict the criminals". We mobsters and deceased Cuban ble living conditions we are schools or universities. We are in jail right now, inside prisons say, we are all convicts, we were exiled worms and assisted by forced to live under. Look at also prisoners of the pigs that here and in Puerto Rico, just born convicts and are now living the colonial pigs. The attackers the rats, the roaches, the mis- arrest us just because we are because they have struggled a- the sentence. We the convicts are threw stones and tried to set education our children receive, Puerto Ricans. The so-called war gainst this system. Pedro Albizu larger in number and the day fire to the building while the the permanent unemployment, on poverty acts as a sucking Campos spent half of his life in is coming when we shall try all colonial pigs fired into the of­ the lack of adequate health pro­ machine to suck up our poten­ a Yanqui prison just because he these criminals that are trying fices injuring Patriots, who, un­ grams, the degenerating welfare protested and fought against so­ us now. And our trials will not armed, valiantly defended their system that keeps our people im­ cial injustice. He was arrested, be mistrials like theirs, for our headquarters against the at­ poverished and feeling incapable tortured and killed because he trials will be trials by the people. tackers. This attack against our of functioning fully as a human tried to destroy this system of We the coalition of Puerto brothers in the Island resounded being. Look at the drug scene exploitation and to build'humane Rican community and student and was felt here In New York. that is killing our youth. Look Puerto Rican society and nation­ groups demandthereleaseofour The Puerto Rican community, in­ at the migrant workers working ality. Also jailed are dozens of political prisoners. NOW cluding the Puerto Rican stu­ from sunrise to sunset with one Puerto Rican Nationalists, from dents, assembled to denounce the meal a day that cannot be called our communities in New York political repression manifested a meal where even the basic and Chicago. Paul Luciano, FREE THE BLACK PANTHERS on that eve and the day follow­ sanitary conditions are denied. Puerto Rican fighter of the FREE THE YOUNG LORDS ing the initial attack. Out of this Look at the political machinery Young Lords, has been arrested FREE THE PUERTO RICAN assembly was boi4i a coalition that says it represents you and and imprisoned because he de­ NATIONALISTS of Puerto Rican community and meanwhile passes laws that keep fended the Puerto Rican com­ student groups. Today the coali­ you repressed and if necessary munity. More than 100 brothers VIVA PUERTO RICO LIBRE tion is making its first and firm will violate these very laws to from the Black Panther Party, VIVA THE STRUGGLE OF THE stand to denounce the political repress you. If you don't be­ the revolutionary vanguard ofthe OPPRESSED MASSES repression here in the United lieve that, look at what they are tial leadership and sets up phony Black people, are also in jail. POWER TO THE PEOPLE! States and in Puerto Rico. doing to Bobby Seale in Chicago. programs to keep our attention Today a mistrial will be held to We demand the release of all In Puerto Rico Yanqul mili­ diverted. Why? So we wouldn't try 21 Black Panthers. These Aida Cuascot political prisoners, our brothers tary bases occupy 30% of our think, and if we don't think we are our people, they fight for Puerto Rican Coalition the Black Panthers, the Young able land. We are prisoners of don't act. our people. All of them have MPI (Lucha) The Attitude Towards The Viet Nam Question is a Touchstone That Distinguishes Between The Revolutionary Stand and The Opportunist Stand

What attitude one takes to U.S. afflicts the fighting people of Viet offer aid to the Democratic Republic imperialist aggression in Viet Nam Nam and really grieves the Com­ of Viet Nam and the Vietnamese and to the Vietnamese people's munists. people are entitled to receive it. struggle against it, is a criterion If the aid of the socialist countries that shows whether one is resolutely The faternal parties are not al­ to the Vietnamese people is used opposed to imperialism or not, and lowed to engage only in polemics effectively in the battle against the whether one actively supports the over the Viet Nam question at the U.S. imperialist aggressors, then it liberation struggle of the peoples or present moment when the Democrat­ is all too good a thing, by no means not. The attitude towards the Viet ic Republic of Viet Nam is sub­ bad. In order to defeat the U.S. Nam question is a touchstone that jected to U.S. imperialist agres­ imperialists in Viet Nam, all the distinguishes between the revolut­ sion. It is the Workers' Party of brother countries should give more ionary stand and the opportunist Viet Nam that is master of the aid to the Democratic Republic of stand, between proletarian interna- Viet Nam question. No one has the Viet Nam. tionalismand national egoism. last say on this question except the All the socialist countries and Workers' Party of Viet Nam. As Such, we consider, is the rev­ peace-loving peoples should oppose far as the Viet Nam question is olutionary stand of opposing U.S. the aggression of U.S. imperialism concerned, the fraternal parties imperialist aggression in Viet Nam in Viet Nam and render every pos­ should at all times follow the policy in deed and is the internationalist sible support to the people of Viet of the Workers' Party of Viet Nam stand of helping the Vietnamese Nam in their righteous war of libera­ and support its stand. As regards people in good earnest. tion. As the Democratic Republic the aid given by the fraternal coun­ Now is not the time for the social­ of Viet Nam is subjected to ag­ tries to the Democratic Republic of ist countries to stand by idly, only gression by the U.S. imperialists, Viet Nam, too, it is none other than extending political support to the the socialist countries should fight the Workers' Party of Viet Nam that people of Viet Nam. They should more sharply against them and make can pass correct judgement on it take more positive actions to aid every effort to support the people and the fraternal parties should re­ the Vietnamese people. In the light of Viet Nam. There should be neither spect it. of the situation where the U.S. im­ vacillation nor passivity whatever Today's situation is different from perialists are extending aggression on this point. that of yesterday when the Soviet to the Democratic Republic of Viet Union was making revolution all Nam by bringing in troops of their All the socialist countries should alone. Since there was no other satellite countries and puppets, pool their strength and come to the socialist country in the world at every socialist country must dis­ aid of the fighting Vietnamese peo­ that time, the Soviet Union had to patch volunteers to Viet Nam to de­ ple and should foil the aggression cope with all matters, supply of arms fend the southeastern outpost of the of U.S. imperialism against Viet included, for itself, But today when socialist camp, and preserve peace Nam by joint efforts, At present, there exists the powerful socialist in Asia and the world. This is the however, the countries of the social­ camp is there any reason why the internationalist duty of the socialist ist camp are not keeping step with Vietnamese people should not countries to the fraternal people each other in opposing U.S. im­ receive aid from the fraternal of Viet Nam. No one is entitled to perialist aggression and aiding the socialist countries in the harsh war object the socialist countries send­ Vietnamese people because of the against the common enemy? The ing volunteers to Viet Nam. differences among them. This socialist countries are duty bound to Yam II Sung Left Opportunism and Modern Revisionism

As historical experience shows, It is true that modern revisionism movement. Without fighting Left op­ opportunism, nor should we commit now attempting to eat up the social­ various deviations from Marxism- has already been dealt a severe portunism, it is impossible to unite the Rightist error of giving up the ist countries one by one. Leninism emerge in the course of blow by the. principled struggle of the anti-imperialist forces to wage struggle against opportunism for de­ Under these circumstances, what revolution. This is not so surpris­ the Marxist-Leninist parties and is a successful struggle against im­ fending solidarity. Our Party will is most important is to defend the ing. As long as imperialism re­ on the decline. This, however, does perialism, nor is it possible to battle do all it can to safeguard the unity socialist camp jointly from imperi­ mains and the class struggle goes not mean that modern revisionism against modern revisionism well. of the socialist camp and the co­ alist aggression and, for this pur­ on, this is reflected in the working- has been surmounted completely. Thus both modern revisionism and hesion of the international commun­ pose, the socialist camp must stand class movement as Right and Left Modern revisionism still remains Left opportunism cause tremendous ist movement, while carrying on an firmly united as one. And yet, the opportunism and struggles are a -big danger to the international obstacles to the advancement of uncompromising struggle against socialist camp fails to advance now waged against them. This is some­ communist movement. It finds ex­ the international revolutionary Right and Left opportunism. as a monolithic rank, as a united what inevitable. pression above all In the weak- movement. It is wrong to shut one's The socialist camp and the in­ force, due to its internal differen­ Right and Left opportunism are kneed attitude towards imperialism eyes to the danger of Left oppor­ ternational communist movement ces. This exerts a negative influence bourgeois and petty-bourgeois ideas and the passive approach to the rev­ tunism under pretense of opposing are the deciding factor in the de­ upon the development ofthe world appearing in the working-class olutionary struggle of the peoples. modern revisionism, and it Is like­ velopment of the history of man­ revolutionary movement and the in­ movement. They distort the revo­ We, therefore, cannot slight the wise wrong to ignore the danger kind at the present time. They are ternational situation. lutionary quintessence of Marxism- struggle against modern revision­ of modern revisionism for reasons the most powerful revolutionary for­ It is a sacred duty for every Leninism from both extremes and ism. of fighting Left opportunism. Un­ ces of our times that are confront­ Communist to fight to defend the do harm to the revolution. We must We must fight Left opportunism less Right and Left opportunism are ing imperialism and all the forces socialist camp and uphold its unity. fight against Right and Left op­ as well as modern revisionism. overcome, it is impossible to lead of reaction. The existence of the The Communists must not tolerate portunism on two fronts. Left opportunism takes no heed to revolution and construction cor­ united and powerful socialist camp any act of weakening the unity of Modern revisionism revises the changed realities and recites rectly in each country, nor is it and international communist move­ the socialist camp. Renegades of Marxism-Leninism and emascu­ individual propositions of Marxism- possible to advance the international ment checks the imperialist policy the revolution must not be drawn lates its revolutionary quintessence Leninism in a dogmatic manner, and revolutionary movement vigorously. of aggression and war and inspires into the socialist camp, nor must under the pretext of a "changed leads people to extremist action The struggle against Right and the revolutionary struggles of the this or that country be excluded situation" and a "creative develop­ undersuper-revolutionaryslogans.lt Left opportunism is inseparably peoples of the whole world. from lt artificially. All this is an ment." It rejects the class struggle also divorces the Party from the linked with the strugle for the unity The imperialists are afraid of act of undermining the socialist and dictatorship of the proletariat, masses, splits the revolutionary of the socialist camp and the co­ the socialist camp and the inter­ camp. We cannot suffer anyone to preaches class collaboration and forces and prevents a concentrated hesion of the international commun­ national communist movement more destroy the socialist camp which was gives up fighting imperialism. Be­ attack on the main enemy. ist movement. Our Party will fight than anything else. It Is for this won by the working classes of the sides, modern revisionism spreads When Left opportunism is allowed on against Right and Left oppor­ reason that the imperialists have whole world with their blood. This illusions about imperialism and ob­ to grow, it may also become tunism, and at the same time up­ incessantly perpetrated and are per­ Is a matter of principle that con­ structs the revolutionary struggle as big a danger as modern revi­ hold the banner of solidarity. We petrating armed aggression and sub­ cerns the destiny of the socialist of the peoples for social and national sionism both to an individual party should not commit the Leftist error versive activities against the social­ camp and the future of the inter­ liberation in every way. and to the international communist of rejecting solidarity for fighting ist countries. The imperialists are national revolutionary movement.

REPRINTED FROM Kim II Sung THE PRESENT SITUATION AND THE TASKS OF OUR PARTY THE BLACK PANTHER, SATURDAY NOVEMBER 29, 1969 PAGE 12 Because I Refuted to Kill I Was in the Long Binh Stockade

Viet People Threw food in to Hungry Gl Resisters Reprinted from BOND By a black Union organizer The stockade in Long Binh For instance: the Newark, N.J. rights of the men. Your rights under to go off into a country wbere a war Vietnam was given the name of LBJ, rebellion. This information was not the uniform code of military justice was taking place, that the majority after President Lyndon B. Johnson's printed in the Army Times. But were denied in many forms of ways. really didn't know why we were there inauguration. The majority of the we learned of this later from guys The UCMJ was merely a weapon that except the fact of making some prisoners there are mostly guys that were just arriving in Vietnam. really takes your rights away. people of this country more wealthy that opposed the war and did not So you can see how this imperialist Justice was not to be obtained in that off GI blood. wish to continue being the murderers system keeps the news from the men any aspect or form you were guilty as of the Vietnamese people. The LBJ who are fighting. far as the military was concerned. Brutality there was in its high­ stockade is located in the Saigon The morale of the average fight­ est form also. Racial incidents area, and most of the workers, other ing man in Vietnam is very low, and The only people that actually occurred very frequently, this was than the prisoners themselves, are the majority of the blacks, Puerto supported us were the Vietnamese to keep the blacks and whites at Vietnamese civilians. The stockade Ricans, as well as whites oppose the civilians. They would throw us food each other so the stockade couldn't is highly populated with black war war In Vietnam, but here in this over the fence whenever they unite together as a brotherly team resisters. country they tell the people that the i possibly could. As long as you wore because the brass there knew what I was there from Aug. 1967 morale of the men fighting the war is the white arm band that made you a could happen when people unite and to Nov, 1967. During my "tour" in it's highest form and the guys are prisoner of the American system, become as one. Working conditions of the stockade there I learned of really patriotic about the war. But they knew that you opposed the war there were just about in a slavery I personally must disagree because the many different forms of torture 1 in some form or othe.r. And the fashion, including very hard labor­ the imperialist army practices. I guys everyday were being put into Vietnamese people felt that they ing, harassment from the guards, was there for refusing to go back the LBJ for refusing to pick up arms, were not the only people being op­ being fed what you might call food to the jungles of Vietnam because opposing the war, and some saying pressed by the oppressor, the for animals. Meals were served in I saw no cause in what I was doing. they refuse to fight because the war wealthy America. They supported cans ( C rations). Sometimes the Several of mv fellow comrades, h a ri- is unjust and they feel that it is a us and gave us their fullest attention, cans were pierced in the top so been killed on an operation that had war for the wealthy citizens of to aid us the best way they possibly air could leak through the cans into no relation with the struggle that America. could. This is what really gave me the food that it contains. Of course was going on back here in America, strength toward opposing a war that you were fed this anyway. The and the fact that the army would The condition of the stockade at was unjust. Because the people of stockade in Long Binh is still in withhold news about the movement LBJ was a violation of the the country knew that the only reason operation and we all must not forget and the demonstrations that were Constitution of the United States of we were there was because we were our fellow war resisters that are taking place back here in the states. America and a violation of the human taken from our homes and families there now. PRISONERS OF WAR FOR BLACK POLITICAL PRISONERS VIETNAM A NUMBER OF INDIVIDUAL GI'S AND GI IN PARTICULAR AND ALL GI'S IN GEN­ ORGANIZATIONS FROM FT. DIX, NEW JER­ ERAL TO MAKE THEIR VIEWS ON THIS SEY TO SAIGON, SOUTH VIETNAM, HAVE IMP OR TANT S UBJE C T KNO WN BY SENDING VETERAN SHOWN STRONG SUPPORT FOR THE BLACK YOUR OPINONS AND POSITIONS ON THIS PANTHER PARTTS PURPOSAL OF FREE­ PURPOSAL TO THE BLACK PANTHER DOM FOR POLITICAL PRISONERS IN EX­ ÉLACK COMMUNITY NEWS SERVICE AND SHOT DOWN CHANGE FOR THE RELEASE OF AMERICAN BY RAISING THE ISSUE IN YOUR E.M.CL UBS, PRISONERS OF WAR, NOW BEING HELD IN GI PAPERS, UNDERGROUND PRESS ETC. VIETNAM. THE INITIAL EXCHANGE WOULD ANY GI WHO IS NOT CONCERNED ABOUT AT BE FOR THE RELEASE OFHUEYP. NEWTON POW'S IS AN A-- AND/OR A "LIFER." MINISTER OF DEFENSE AND LEADER OF ANY NON-WHITE OR PROGRESSIVE WHITE THE BLACK PANTHER PARTY AND BOBBY WHO IS NOT CONCERNED ABOUT POLITICAL FORT DIX SEALE, CHAIRMAN OF THE BLACK PAN­ PRISONERS IS A BOOTLICKER, A MERCEN­ THER PARTY. HUEY NEWTON AND BOBBY ARY AND A PIG (STILL A LIFER). FORT DIX, N.J. (LNS) — A SEALE ARE THE FOUNDERS OF THE BLACK Black Vietnam veteran was shot at Ft. Dix, by the soldier assigned PANTHER PARTY AND HAVE PROVEN THEIR to guard him, Saturday night, Nov. DEDICATION TO THE SURVIVAL LIBERA­ 8. It was the night before Jeffrey TION STRUGGLE OF BLACK PEOPLE IN Russell, one of the Ft. Dix 38, FTA was sentenced to two years at AMERIKKKA AND OPPRESSED PEOPLE POWER TO THE PEOPLE ,hard labor for his role in the re­ EVERYWHERE. IF HUEY AND BOBBY ARE POW'S FOR PANTHERS bellion of 150 GIs in the Dix GIVEN JUSTICE (FREEDOM) THEY WILL stockade last June. RETURN TO THE BLACK COMMUNITY WITH The Black soldier, Corporal NO STRINGS ATTACHED. IN RETURN THE Louis Hutchins, was shot in the VIETNAMESE PEOPLE WILL RELEASE back of the knee as he walked out of his barracks. Other soldiers in SOME POW'S NOW HELD IN VIETNAM. THE the barracks ran out after hearing METHOD, NUMBER, AND SELECTION OF the shot and found the guard stand­ ing over Hutchins, who was twitch­ THESE POW'S WILL BE DETERMINED BY ing on the ground. "I should have' THE VIETNAMESE PEOPLE. killed the Black ba d," the guard answerd when challenged by THE NIXON - AGNEW - ROCKEFELLER- the GIs. REGAN CONSPIRACY IS THE ONL YSTUMBL - ING BLOCK TO THIS PURPOSAL FOR PEACE, Hutchins won the Silver Star in Vietnam, and was up for the Con­ FREEDOM AND JUSTICE. IT IS CLEAR THAT gressional Medal of Honor for sav­ A PRESIDENT THAT CANNOT HEAR ing four wounded comrades under fire. He had missedformation and MILLIONS OF PEOPLE, THEIR UNITED CRY had been restricted to base. "About FOR PEACE, OR MILLIONS OF BLACK, twenty guys miss formation every BROWN, RED AND YELLOW PEOPLE IN jday," said one of his brothers in the company. "Our company pass­ THEIR DEMANDS FOR JUSTICE AND FREE­ ed its first General Inspection in DOM HAS A 'COMMUNICATIONS HANG-UP' 11 years just last week. It's un­ WHEN ANYTHING OTHER THAN PROFIT IS heard of to put an armed guard on a man for a routine thing like CONCERNED. WITH THE EVIDENT LAST that." FEW CENTURIES FOR BLACK AND OTHER 'MINORITY' PEOPLE, IT IS CLEAR THAT GI reaction to the incident was angry. An officer was put in the DEMANDS FOR FREEDOM FOR POLITICAL hospital trying to make Hutchins* PRISONERS AND PRISONERS OF WAR MUST comrades disperse. The guard's belonging were picked up by Army BE LOUD, CLEAR AND FIRM. personel at 3 in the morning. IN THE INTEREST OF GIVING EYE-SIGHT He has been moved out of sight and reach of the men in Hutchins' TO THE BLIND (NIXON) AND HEARING TO iSNT IT WONDERFUL, BROTHERS HE DIED SO YOU AND I MIGHT LIVE. " coj'pany. "And with good reason," THE DEAF (SPIRO) WE URGE BLACK GI'S says one of the GIs. THE BLACK PANTHER

retire to reach a verdict may lead to a less factual deter­ mination. (43) FOOTNOTE HUEY'S 42. Harmless error question "cannot arise" when en­ hanced punishment is in issue. See 68 Columbia Law Re­ view, 1170, n. 16. 43. See generally, Comment, "Use of Bad Character and I Prior Convictions to Impeach a Defendant-Witness," 34: APPEAL Fordham Law Review 107 (1965) Note, "Other Crimes: Evidence at Trial," 70 Yale Law Journal 763 (1961). j And on the difficulty of getting the jury to distinguish be- Part 12 tween evidence offered for substantive and impeachment EDITOR'S NOTE: purposes, despite a limiting charge, see Note, "Proce­ The following article is taken from the appeal pre­ dural Protections of the Criminal Defendant," 78 Harvard: pared by the attorneys defending Huey P. Newton, Min­ Law Review 426 441, (1964); and Note, "The Limiting I ister of Defense of the Black Panther Party. Huey's Instruction," 51 Minn. Law Review 264 (1966). attorneys have moved to have the case reviewed by While perhaps not reaching the gravity of constitutional ; the Court of Appeals of the State of California. The deprivation caused by the failure to hold the evidentiary: Black Panther News Paper will print the appeal in hearing, the trial court's failure to exclude the prior part--every week to give the people all the facts as felony conviction because its prejudicial effects far out­ to why Huey P Newton should be set free immediately. weighed its probative value was also prejudicial. See Luck v. United States, 348 F.2d 763 (D.C Cir. 1965). Defend­ ant's motion to exclude the prior felony conviction on this ground was denied (R.T. 2611-12) and defendant's Such proceedings contemplate exactly the type of hearing subsequent offer to stipulate to the fact of the judgment mandated by the California Supreme Court in Coffey, of conviction rejected. The trial court refused to limit Caffey, and Curtis. the prosecution to introducing the record of conviction There is no showing on the record ofthe prior trial as and permitted testimony as to defendant's probationary to the prior trial court's inquiry into the defendant's under­ period (Exhibit 67, HT, .2613-14). standing of the consequences of waiver or his understand­ m ing of his rights with respect to the trial court's ruling that END FOOTNOTE he could not conduct his own defense if he had a public de­ fender, and could not have a public defender toadvisehim if The prosecution here introduced the prior felony con­ he did conduct his own defense. Rather, the recojgggf viction near the close of its case (R.T. 2610) The prose­ establishes that the prior trial court made little or no cutor did not rest with introducing judgment of conviction, inquiry. The hearing mandated by the California Supreme but offered, over objection, the testimony of a witness Court is designed to make this inquiry- and allow the de­ to emphasize the fact and circumstances of the convic­ fendant to present his case on the allegation of constitu­ tion, and to support the prosecution's allegation that (R T tional infirmity of a prior conviction. These questions 2612-i 3): were resolved adversely to defendant without his even being permitted to raise the issues germane to nB^^H| "(Mr. Jensen)...(Ot is probative in terms of the s ... frame of mind and the purpose of the defendant cution. 3. FAILURE TO STRIKE THE PRIOR CONVICTION CON­ with reference to his conduct on October 28, 1967. "So at the time that the Court made the order, after STITUTED ERROR OF A SERIOUSLY PREJUDICIAL It is now being offered on both bases." there had been the entire process of discovery and the NATURE AND DEPRIVED DEFENDANT OI FEDERALLY question of when the names of witnesses should be PROTECTED CONSTITUTIONAL RIGHTS. Such multiple use of a prior felony conviction in a capi­ tal case, without the required contemporary investigation divulged, the order was complied with. Even if it be determined, after evidentiary hearing, into alleged constitutional infirmities involving denial of "The names were given to counsel and the statement that defendant waived counsel at the prior trial, he did right to counsel and right against self-incrimination, can­ of Mr. Grier was given to counsel. All right. There's no not waive counsel at the trial herein, and he was en­ not be deemed harmless error. The trial court's failure question that Mr. Grier then went into, as he calls it, titled to a determination of his right to be advised of to conduct the pre-trial hearing was reversible error. so-called protective custody," (Emphasis added,) the privilege against self-incrimination at the prior trial D. Defendant Was Denied Due Process of Law and a Fair on the basis of counsel-assisted presentation of the facts The prosecution then misstated his remarks of August 1 (44) at the evidentiary hearing. Otherwise, defendant suffers, Trial by the Prosecution's Nondisclosure and Suppression as he did here, the deprivation anew. of Material Evidence, and the Trial Court's Failure to Re- with reference to the availability of said witnesses and, The problem of "suffering the deprivation anew" was Open the Trial When the Defendant, After Continuing Dili­ leaving out his earlier qualification "if the witness chooses" precisely the concern of the United States Supreme Court gence, Finally Discovered the Suppressed Evidence During (R.T. 2090-91): in Burgett v. Texas, 389 U.S. 109, 88 S Ct. 258 (1967), Jury Deliberations. where the Court held that a prior conviction obtained "(Mr. Jensen) If the Court will recall, it was also against a defendant unrepresented by counsel could not 1. THE FAILURE OF THE PROSECUTION TO DISCLOSE made clear on Thursday afternoon that if Mr. Garry be used to enhance a sentence under the Texas recidivist THE TRUE STATEMENT OF ITC WITNESS, HENRY GRIER, wanted to talk to any witness, he could come to the statute. The Court there said, per Mr. Justice Douglas: |ï|i|||iil;;illllAL DEPENSE REQUESTS THEREFOR, District Attorney's office the following day and the "(P) etitioner's right to counsel, a 'specific federal CONSTITUTED SUPPRESSION OF MATERIAL EVIDENC E. witness would be there. right' is being denied anew. This Court cannot permit such a result unless Gideon v. Wainwright is to a. Defendant's diligence at all Stages of the proceedings "...If he does not want to take the offer to see the suffer serious erosion." (389 U.S. at 116, 88 S.Ct. in attempting to discover the statements of the witness eyewitnesses, that is his problem. at 262.) Henry Grier. It is precisely to avoid the serious constitutional ques­ "There is nothing that has happened in this thing tions inherent in the problem of "suffering the constitu­ Defendant moved, on numerous occasions, commencing other than following the orders of the Court by the tional deprivation anew" that the California Supreme Court before the indictment was filed and continuing until shortly prosecution, and he has been made available to him to devised its mandatory remedy. See "Evidentiary Use of before trial, for pre-trial discovery and inspection of the talk to." (Emphasis added.) constitutionally Defective Prior Convictions," 68 Colum­ statements, no matter how reproduced, of all prosecution bia Law Review, 1168 (1968). (41) witnesses. (A detailed description of these motions is set Defense motions to strike and for mistrial were denied forth in Appendix B, infra.) FOOTNOTE (R.T. 2092). The motions were continually denied as to names and 41. The article exhaustively reviews the constitutional statements of prosecution witnesses, except for the order FOOTNOTE question at issue here: of May 8, 1968 (C.T. 59-60), providing that the same should be provided to the defense 48 hours prior to the time the 44. At the time the name of Henry Grier was first given "(T)he recent judicial expansion of the procedural witnesses were sworn as witnesses, and the order of May to defense counsel, Mr. Jensen stated that "if (witnesses) requirements imposed on state criminal prosecutions » 31, 1968 (C.T. 98-99), modifying the May 8 order to provide would choose to be interviewed by (defense counsel)" by the fourteenth amendment make it necessary tfl consider whether a prior conviction may be used (to that the information should be given to the defense im­ (emphasis added), he, Jensen, would endeavor to have any impeach, to provide circumstantial evidence toward mediately after the trial and alternate jurors were sworn. of those witnesses that Mr. Garry wished to interview the type of criminal conduct charged, in determining As it turned out, the period of time elapsing between the in the District Attorney's office the next day, and if Garry sentence) even though it was obtained through pro­ defense's receipt of the names and statements, and the would come over there, the witnesses would there be cedures which are not constitutionally inadequate..." time when the witness Grier was sworn, was six days (R.T. available, if they chose to be (R.T. 1694). (W.) 1576, 1683, 1694). The question has reached the United States Supreni« At the time the defense finally received Grier's name and END FOOTNOTE Court in Burgett v. Texas, supra, and the California Su­ statement, the prosecution gave no indication that the wit­ preme Court in People v. Coffey, supra. ness Grier would not be at the address given on the list of On the second day of Grier's testimony, during cross- Witnesses and their addresses furnished to the defense. In examination of Grier by Charles R. Garry, co-counsel END FOOTNOTE fact, the witness Grier was, at the same time the list was Alexander Hoffman, pursuant to instructions from Mr. furnished to the defense, taken and kept in protective cus­ Garry, spoke to Mr. Jensen and re-requested, on behalf In Burgett, the United States Supreme Court rejected tody at an address unknown to the defense and at a place the use of a prior conviction to enhance punishment. In of the defense, the production of the original recording of the Coffey, the California Supreme Court rejected the use at all times different than that of the address furnished to statement made by Grier at approximately 6:00 a.m. on of the prior conviction to impeach defendant's testimony the defense, until he appeared to testify on August 7, 1968 October 28, 1967. Jensen told Hoffman that there was no at the second trial. (R.T. 2054-55). tape recording of this statement but only a "dictabelt" or a The prior conviction was here used 1) to impeach the The defense moved to strike Crier's testimony on the "dictaphone thing" which was in the possession of the Oak­ defendant (C.T 277, 280), 2) to enhance punishment (C.T. ground that from the time the name, address and statement land Police Department, and that there was available no 308, sentence increased from 1-15 years to 2-15 years), had been given to the defense until the time Grier took the 3) as the basis of an instruction making defendant auto­ machine on which to play the dictabelt. Hoffman pressed matically guilty of second degree murder if the jury found witness stand, the defense had continuously, but unsuccess­ Jensen for its immediate production, but Jensen repeated that as an "ex-felon" he possessed a concealable weapon fully attempted to locate Grier, because he was in secret that it was unavailable and would not furnish Hoffman the at the time of the alleged offenses (C.T. 262-63), and 4) as protective custody (R.T. 2087-89). At this time, prior to dictabelt, or allow him to hear or even see it (Declaratior the basis of prosecution argument to the jury (R T 3552. any knowledge of the inaccuracy in the statement actually of Alexander Hoffman in Support of Motion to Re-opet 3600). - ' given the defense, the defendant moved to strike on the Trial to Receive Additional and Newly Discovered Evi Defendant Newton thus suffered both the enhanced pun­ ground that the prosecution "has gone out of its way to dence, CT. 249). ishment prohibited in Burgett, and the impeachment pro­ circumvent the right and the obligation and the duty of the hibited in Coffey, and in addition other seriously prejudi­ Finally, Edward Keating, co-counsel for the defense, cial consequences of the use of the prior felony con­ defense to prepare its case..." (R.T. 2089). pursuant to further instructions from Garry, while the jury viction. There can be no question of "harmless error" The prosecution replied (R.T. 20H9-90): was out deliberating, succeeded in making an appointment when punishment is enhanced by use of a constitutionally with Jensen, for 8:30 a.m. September 6, 1968, in order to infirm prior conviction. (42) I "Mr. Jensen: ... (T) his whole subject matter of the listen to the original dictabelt (C.T. 250). existence of an eyewitness to the offense, or eyewit- Keating was made to wait from 8:30 a.m. until 9:15 a.m., Impeachment, always of importance in a criminal trial, ^Biesses to the offense, was litigated very early, in terms was more than usually vital here because questions of the at which time Jensen appeared at his office and stated that credibility of the defendant, Grier and Heanes were Central, of discovery orders both before Judge Staats and he was in possession of the dictabelt but had no machine on perhaps determinative to the verdicts. The dubious proba­ before your Honor; so that it was well known. And which to play it (C.T. 250). At approximately 9:15 a.m., tive value and highly prejudicial nature of impeachment there were rulings made by the Court in reference to the District Attorney's staff found a machine, and Keating evidence are widely recognized. It is commonly accepted the production of names of witnesses and statements that informing a jury of a prior conviction before they by those witnesses, which were abided by by the prose­ Continued on Page 14 r THE BLACK PANTHER, SATURDAY NOVEMBER 29, 1969 PAGE 14 MARTIN SOSTRE BLACK MANIFESTO VS Be it recorded on this day, the and consequently Black people can eleventh month, the fifteenth day, never get justice from the slave- NELSON ROCKEFELLER the 69th year of the twentieth cen­ master's courts. tury, that the'so called Americans, The problems confronting the NEW YORK (LNS) - "I en­ This kind of treatment isn't food. I told him about having no the so called liberals, the so call­ Viet Namese our African and Lat­ vision a democratic socialist e- new to the American prison winter underwear. I told him a- ed radicals, the so called White in brothers, our Indian and Chi­ conomy where the exploitation of system. But for the first time, bout the obstruction of my mail people, have shamefully and dis­ cano brothers is the same pro­ man by man will be abolished... a judge is being asked to rule to my attorney and to the courts." gracefully failed to recognize the blem Black liberation fighters are ...At present the world revolu­ on the techniques the government wanton, brutal and racist mu­ confronted with. We are a people tion has entered a new era uses to silence opposition, and if Sostre also described . the tilation of Black flesh In the country destroyed, a conquered people. The struggle of black people Is the decision goes for Martin privilege" of one hour a day ex­ of hypocrisy. Conquest Is a violent process. It part of the struggle of all people Sostre, the loser Is Nelson Rock­ ercise, and that it carried the You call a moritorlum, your turns the conquered Into broken, In the world against U.S. imperi­ efeller. requirement that the prisoner slogan, "bring the troops home pliable things, objects upon which alism." These excerpts from Sostre wrote the brief for his submit to a "dehumanizing" now" is supposed to be indicative the conqueror acts, handling, shap­ search and physical examination; of your humane passions as A- ing, manipulating them. Our con­ iiiiiiiniiiiiiiiiiiiini lilll!il so Sostre never went to the yard merican citizens. You claim that quest was only the beginning of an llllll!llllllllllllll!llll!llllliiiiiii for exercise. "They will never you support the right of self- endless violence. Our present dehumanize me," he said. He determination for Vietnamese peo­ existence is this violence continued BIIPS P I also described the problems of ple abroad, while failing to reco­ sharpened and refined, Institution­ mini sleeping in solitary confinement gnize that Black people are en­ alized and made such a permanent when a guard would come by gaged in the same struggle right part of our lives. every half hour to awaken him before your very eyes. You take Culture Is the enviornment we I by shlnglng a powerful flashlight a couple of days out of your lives function in. If we made It for our in his eyes. to protest the atrocities perpet­ own needs, it then becomes our "If your head is covered, he rated against Vietnamese people culture. If someone else made lt will kick the wall to wake you. abroad when you should be taking and Imposed lt on us for his own If you don't wake up, he'll come to the streets everyday to support purpose, what he'd have Is a slave into the cell and wake you, shake the Black liberation struggle at culture, and we can never speak I the bed or take your blanket home. of our own culture tilt we have away to punish you." Last week a beautiful human destroyed that alien environment Sostre brought out clearly the being, a Black liberation fighter, imprisoning us and constructed an racism of the prison system, Chairman Bobby Seale ofthe Black environment of our own. In other • citing that 80% of Green Haven's Panther Party, sustained one of words, for slaves no culture can I III prisoners are black and brown. the most flagrant attacks perpet­ exist outside the struggle to take But the racism of the prison rated on a defendant - a political over our environment and shape lt lllfffllffllffllffllffilffllffl J system Is part of the racism of prisoner- being tried in the A- ourselves in the society. These are men who merican courts of Hypocrisy. Look around and you will see HHHH the society has no room for-- Denied the 4th, 6th, 13th and 14th that racial imperialism has caused Jllllli llllllllllllll no jobs, no decent places to live, amendments, bound and gaged in Vietnams, Cubas, Mozambiques ill 1 J no way of providing for them­ court, Bobby was made a prime and now the struggle being waged li'l li selves or their families — be­ example of what Chief Justice on the North American continent. lui in cause of their race and class, Roger Taney meant when he stated, None of the environment was or and who were forced to survive "the constitution is a White man's is In anyway controlled by its by means of crime. Private document, it don't apply to you, indigenous enslaved population. property doesn't mean Nigger." The only way out - because the too much to you if In the sixties alone, Black people Indigenous populations were con­ you've never had any, so even have witnessed the assassination quered by violence-is violent act­ though attacks on it by these of Malcom X, Martin Luther King ion; and becasue the enslaving people are not consciously po­ Jr., the invasion of Watts,Detroit, system was built on violence and •h litical, they are still an attack and Newark by foreign troops, is maintained by the multi-form •••IL on the society and the class while countless numbers of Black application of violence at every •Ilstructur e that rely on private people are being slaughtered and level, any of us who take action property. gunned down in the streets of to break from our slavery, will ilMlMlM Sostre also pointed out that hypocrisy In cold blood. of course, run directly into the WÊLWKÈÊÊÊÊBLwÊ 90% of the prison guards are A classic example of how racist violence of the oppressor I.e. peo­ iiiiiiiiiiiiiiifliiiiiiiiiiiiiiiiiiiiiiii white. And he accused the State oppression Is attempting to ple's park, the Vietnamese strug­ of running concentration camps systematically destroy the Black gle and the Black liberation strug­ Martin Sostre's prison writings suit against Gov. Rockefeller and for black and brown people. liberation movement is to look at gle on the shores of hypocrisy. were read to the court by his three other state prison officials The defense tried to show that the racist repression suffered by lawyer, Victor Rabinowitz, as during the 13 months he spent Sostre's treatment wasn't cruel the Black Panther Party. First 1. Withdraw all troops from part of evidence that Sostre had In solitary confinement from Au­ and unusual, and tried to dis­ Huey P. Newton was ambushed, Vietnam, Laos, Cambodia. been treated by the State as a gust, 1968, to September, 1969. credit the testimony of Sostre arrested and charged with murder 2. Withdraw all pigs from the political prisoner and that he Just as he had been placed in and other prisoners. What they and later convicted of manslaugh­ Black, Brown, Yellow colonized had received cruel and unusual solitary for his political actions, succeeded in showing is that the ter. Normally ball Is granted when areas on the North American con­ punishment at the hands of New he was originally jailed after the New York State prison system the case is appealed, this was tinent. York State prison officials. 1967 Buffalo black rebellion for consistently deprives prisoners denied Huey because his skin was 3. Discharge all Black people The warden of Green Haven being a political activist. The of their legal and human rights. not the same color of that Pig from the armed service. State prison HaroldFollette, once police framed him up on nar­ The trial ended on Nov. 7 O' Brien who shot a Black man 4. End all political repression punished Martin Sostre for having cotics charges for continuing to and the attorneys filed all of down in cold blood. Next Bobby at home. written down these and other be active even after they des­ their briefs and motions with the Hutton was murdered and Eldridge 5. Release all political prison­ thoughts, charging that Sostre had troyed his revolutionary Afro- judge, Constance Baker Motley. forced into exile, Warren Wells ers abroad. been keeping "contraband racist Asian bookstore. Since he had A decision is expected on Jan. 7. was sentenced to life after two 6. Release all political prison­ literature." "Racist " for the served time on similar charges Prisoners all over the country hung juries. And on August 19,1969 ers at home I.e. Bobby Seale, warden meant that it mentioned as a youth, he was slapped with are watching this case, and if Bobby Seale was kidnapped by Huey P. Newton and all Black, the names of Huey Newton, Bob­ a 41 year sentence. Judge Motley decides in favor twenty shot-gun carrying F B.I Brown, Yellow and White freedom by Seale and Eldridge Cleaver. The prosecution painted a of Martin Sostre there will be agents without a warrant which is fighters. After reading the excerpt, Ra­ dreary but not at all unusual an avalanche of similar cases. necessary in order to detain a 7. Release all Black people who binowitz asked Follette, "Do you picture of solitary confinement. But there may be even more prisoner, by the F.B.I. have been tried in the American consider that racist?" Follette Sostre explained that after spen­ than that. Solitary confinement These cases are classic exam­ courts of hypocrisy. replied, ding twelve months in solitary In and other prison tortures and ples of how rf.cist political re­ 8. End racial imperialism and "That may not be racist, but Green Haven prison, he managed harassments are an important pression is leading to the syste­ exploitation abroad. it is revolutionary, it upsets the to talk to a prison inspector who part of the government's repres­ matic destruction of the Black 9. End racial imperialism and other prisoners" He went on, was walking past the cell. sive machinery. Even if these liberation struggle being waged on exploitation of the colonized areas "I am concerned about the pos­ "I told him about Ray Bro­ practices are not struck down the North American continent. by . White and Black cap­ sibility of insurrection 24 hours derick ( a prisoner in the next by the trial, even if Governor When Black people were not being italists at home. a day." cell) who was terrorized into Rockefeller Is not jailed, Martin gunned down in the streets the 10. Turn all subjugated land Rabinowitz pursued the point. committing suicide. I told him Sostre has given an exciting gli­ racist oppressors used their back to the people; or we will "Were you afraid that Martin I was being tortured and oppres­ mpse of the future many of us courts and their laws to prove open a more united front at home. Sostre was organizing an insur­ sed in solitary confinement for look to, when the men who have unlawfully by each swing of the rection?" over a year I complained about ruled this country will finally pendulum that the oppressors are Black Students Union Follette oinked: "Not after I the starvation on short rations, have their day in court -- not waging an undeclared war at home, University Calif, Berkeley put him IP segregation (solitary about how we had to go for as the~~ judges, but as the ac­ confinement)." seventeen hours a day without cused. CONTINUED FROM PAGE 13 HUEY'S APPEAL listened to the dictabelt in the presence of members ofthe District Attorney's staff and reproduced it on his own tape recorder (Id.). ATTENTION: Upon clearly hearing the word "didn't", rather than the "did" of the transcription furnished by the prosecution, If you have sons, husbands or friends who are Keating, and immediately thereafter, other counsel for de­ fendant, hearing the word "didn't" on Keatings's reproduc­ prisoners of war in Vietnam, send us their tion, moved the court to re-open the trial to receive the name, rank and serial numbers. We will for­ dictabelt as additional and newly discovered evidence (C.T. 224) on grounds that 1) the original dictabelt clearly, un ward this information to Eldridge Cleaver, equivocally and indisputably established that at approxi­ Minister of Information of the Black Panther mately 6:38 a.m. on October 28, 1967, Henry Grier stated Party; and attempt, to exchange their freedom •that he "didn't" get a clear view of the face of the suspect, and said question went to the heart of the case; 2) defendant for the freedom of the Minister of Defense, tried but could not have discovered the evidence despite Huey P. Newton and Chairman Bobby Seale, due and continuing diligence; and 3) the original dictabelt was withheld and concealed from the defense despite numer­ who are political prisoners here in "fascist ous written and oral requests for its production. Declara­ Babylon." tions of Charles R. Garry. Alexander Hoffman and Edward Keating were filed in support of the motion. THE BLACK PANTHER, SATURDAY NOVEMBER 29. 1969 PAGE 15 11 . MORE RREAKFAST SAOOTAGE The Free Breakfast Program and the comrades just arriving in Richmond is doing fine aside After oinking on their radio from the pig harassment of the a while longer, they told Melvin comrades. The pigs have been he was under arrest, and busted following us to the Breakfast in him. We then continued to the the early hours of the morning Breakfast in Melvin's car. Later for weeks. On Wednesday, Nov. after we couldn't get a bonds­ 12, we were leaving the office man to bail Melvin outona$79.00 on our way to serve the child­ traffic warrant, we went into our ren. We (Melvin, a brother from treasury and bailed him out. Richmond who drove us to the The next morningthepigswere Breakfast, since we didn't have parked down the street again; any transportation, and I) were however, Melvin had left his car sitting in his car waiting on the the night before, because we had rest of the cadre. We noticed a come to the agreement that the S.F. BREAKFAST PROGRAM Despite the repression put upon job, he has continued to help We need more locations for the Black Panther Party, we have us serve the people. We tried the breakfast, we would like to not failed to serve the people. many of the other churches in haveseveral Breakfast Programs On Monday morning November the Black community, and were in the city. If you have any in- 24, 1969 the San Francisco refused the use of them. Due to formatlononwherewemay be able Branch is opening the second the repair of Sacred Heart Church to get donations of buildings, food Breakfast Program for School we were unable to use lt. But or money get in touch with the Children in the city. Monday morning we will be Black Panther Party office, at The breakfast will be held at serving free hot breakfasts there 1336 Fillmore or call 922-0095. Sacred Heart Church on Fell and again. The other Breakfast Pro­ Fillmore Sts. As you may know gram in the city is located at ALL POWER TO THE YOUTH the breakfast was born at Sacred 1642 Ellis St. It's been going on Heart Church, despite the threats since the beginning of this school San Francisco Branch, on Father Boyle's life and his semester. Black Panther Party COMMUNITY CONTROL OF POLICE The question of why Peekskill exists in Peekskill. There have Benefits of Decentralization will Youth Make the Revolution!!! needs communltycontrolof police been numerous cases where be: has been brought up many times police brutalize the people once a - All the racist fascist pig car behind us, across the pigs would try to rip him off on in the community, at meetings, they are arrested. For minor of­ pigs that are now employed will street. The pigs sat there for his way to f~k us up in the rallies, etc. Party members have fenses, the Individual is offered be fired. The power of the gov­ 10 minutes digging us, then they morning. The pigs followed us been asked numerous questions, a choice, give up the goods or erning police will be in the hands drove directly by us, went to to the Breakfast that morning but the most important are as be arrested. Upon giving up the of the people in the community. the corner, made a « • u" turn and also and parked across the street follows: goods, they are arrested anyway. Every policeman will have to live parked. They stayed tnere a good to watch. 1. Don't we have good police The pigs of Peekskill allow in the communitywhere he works. 5 minutes, then drove back past These fascist pigs thought that in Peekslcill? the genocide of our community by b - It will stop rebellions and us, made another "U" turn and by busting Melvin they would stop 2. Does police brutality exist the use of drugs, and refuse to go little riots that occur in the Black parked directly behind us. They our Breakfast. What foolish in Peekskill? in and wipe it out. Our fascist community which arise due to the slowly emerged trying to look thinking. There are a lot of 3. Is it not true that we have Chief of Police has stated, and tension that i exists when racist tough, strong, and fierce; only Melvins in Richmond, and as long a good representation of Black we quote, "I'd rather see niggers pigs propagate madness in the to oink something about traffic as there are people like him, police and auxiliary police? on drugs rather than alcohol, community*.. warrants. They told Melvin to get and this country remains under 4. Does a separate Black because then they won't tear up c - It will turn the records out of the car and show some this fascist government, we will and White community exist in the town." These are two of the of the present pig station into identification; they also deman­ always have a Free Breakfast Peekskill? worst forms of police brutality, the hands of the people, and all ded mine, while one pig called Program. Let us deal with these questions both physical and mental. persons held without a fair trial in to check on the warrants. individually: or on false charges will be re­ Comrades Daoud, Victor, and SEIZE THE TIME #3 - A pig is a pig is a pig, Gloria came outside to check Joe Cuba Black or White, for they are leased from prisons and jails. #1 - The police are supposed to d - It will put to a halt dope out what was happening. The pigs Richmond Branch tools of the government and don't then moved between their car Black Panther Party be in the community to provide serve the people. Many of these problems that exist in Peekskill. protection and to serve the peo­ Black pigs are misguided young e - It will point out contra­ ple. The police are the armed men - armed - hence - "Rent dictions in the city government body of the Fascist Pig Power A- Pig." such as: demogogic lying de­ Structure; they keep the people in ceiving politicians, ex. Michael BUSINESSMEN ATTEMPT the oppressed community in line #4 - It is true that our community J. DiBart, avaricious (greedy) through terror, murder, and is well integrated. Yes, there businessmen, ex. Gibbs, and re­ brutalizing the people. is a sploshy Black community move from power such fascist, The police are armed troops pigs as Chief Booth, Wyatt Samp­ TO BLOCK BREAKFAST displaced by Urban Renewal, anc Ever' since last May-1969,the and that if he would rather keep just as the Imperialistic Army is good integration In the poor part son, Batman Shorty, and Robin Canazarro. Rockford Branch 111. Chapter of 10 dollars and lose maybe25-35 in the Vietnamese community. of town where there are POOR the Black Panther Party has been A policeman will always say that We must put an end to this dollars, then he is a fool who Blacks, Whites, and Puerto preparing and serving a "hot shouldn't even be around people. his duty is first to protect proper­ Ricans. capitalistic, paper police force. breakfast" to the children on the ty, then life. Property always When the petition is circulated, Another store, American Su­ The oppressed were taken into Westside. Over 1500 breakfasts permarket so called "Blackpeo­ comes first because he is the consideration while drawing up we urge all citizens to sign, for have been served with the help tool of the avaricious, (greedy) the PEOPLE ALONE are the ples store' ', refused to give any this petition, so that the petition of people in the community. The donation. This situation required businessman. will affect and serve the people motive force of making world little brothers and sisters in the #2 - Police brutality definitely history. much investigation, it was owned in the oppressed community. breakfast understand very and operated by Black share clearly that they are the "revo­ holders (a few own over 10 shares) lution". Whenever we ask them is indirectly connected with the questions such as, "Why are you syndicate. We were told by a at the breakfasts?" They reply, friend of the Party that if we "so I can grow and be strong continue to pressure certain and take the Panthers place." stores for donations, that the Right on youth. mafia would move on us. This WE WANT OECENT HOUSING Constant attempts are made to was personified by the incident "sabotage" the Breakfast for at O'Donnells supermarket, when Children program. The greedy Capt. Bell and Lt. Hawkins was avaricious businessmen in the accosted with a gun. However "we want decent housing fit for ing officials are quickly swayed The people are hip and the community have been conspiring we maintain that a pig is a pig is shelter of human beings." to report that there are no vi­ people are tired of this method to destroy the Breakfast pro­ a pig, and that the Mafia and The housing situation In olations through bribes. The of genocide where their children gram. The only thing which has the Syndicate are all part of the Brownsville is the worst in the people have been lied to con­ are destroyed, murdered by rats prevented them from moving on same Pig system which op­ city of New York. The area stantly by the demagogic poli­ hot water in the winter. The peo­ the Breakfast program, is the presses us. looks like the aftermath of World ticians in City Hall and Albany. ple are also hip to the lying People. The people are aware that The Children will continue to The people have been told to War ir. The greedy avaricious demagogic politician, these greedy motherf —kers don't eat a free breakfast, andwewill landlords can never be found-- put pressure on the landlords and have the communities good at continue to get a donation from their s—t is so bad that they the city will reduce the rent and and lead poisoning, where their heart, and they are waiting for the businessmen in our don't even show up on rent day. take over the building. This is food supply is being destroyed by the stores to f—k up, so that community. Because we say that, Instead they send their boot­ just one of the contradictions mice and roaches, where the they can move on them. One pig We want an end to the robbery licking lackies to pick up the that lies within the power stru­ children are dying of pneumonia store (O'Donnells Supermarket) by the capitalist of our Black super exploitative rents. They cture because what the politicians because of the lack of heat and had to be confronted with some Community. And for the Mafia and refuse to supply the necessary are doing is trying to rip off common political strategy. This Syndicate, F--k you motherf--k- services for the people that are the land as cheap as they can One sister in the community fool was donating essentially 10 required and which the people get it and up goes middle income found and evacuated a 14" rat dollars worth of food per week, he in her bathroom. The apartment demand. housing which will cause the mentioned that if he could not ALL POWER TO THE PEOPLE! masses of poor oppressed people house the sister lives in is owned make a bigger profit that he would When a family on welfare re­ and operated by the city. fuses to pay because of the con­ to become nomands again and discontinue his donation. We Youth Make the Revolution!!!! ditions, these housing pimps cause the people to wander the showed him very clearly that we Willie T. Kent (Monk Teba) make deals with the welfare so streets of the city looking for "WE WANT DECENT HOUSING had the support of many people that the checks will be sent di­ decent housing only to find FIT FOR THE SHELTER OF who spend 25-35 dollars per per­ Rockford Branch rectly to them.Thecorrupthous- another Brownsville HUMAN BEINGS " son in his store every week, Illinois Chapter B.P.P. I THE BLACK PANTHER, SATURDAY NOVEMBER 29, 1969 PAGE 16

thought they were right, they would just persist THE COURT: Mr. Hoffman, you are directed to re­ in the introduction throughout the whole trial, just frain from speaking. You are ordered to refrain stand there and keep on trying to introduce it... from speaking. It Is clear after this morning that This philosophy destroys the judicial proceedings I think we cannot go ahead. I would be glad to en­ FAIR TRIAL and it is the philosophy that Mr. Kunstler and Mr. tertain first suggestions from the Government and Weinglass are practicing in the courtroom... then from the defense as to whether or not this trial MR. HAYDEN: (rising) Your Honor, could I ad­ shouldn't be recessed until two o'clock. I am per­ dress you? fectly willing to try to continue and do my best to Continued from Page 6 äfrtfe^COURT: No, you may not, sir. You have discharge the obligations of my office. a lawyer. That is what lawyers are for. I am MR. FORAN: Your Honor, I would like to see if we -MR. SCHULTZ: Mr. Rubin is talking to me while not permitted under the decisions of the Supreme couldn't continue. Mr. Kunstler is addressing the court. I just want Court to let you speak. THE COURT: What do you say? to make that record. MR. HAYDEN: All I want to say Is that... MR. FORAN: I would like to see if we could MR. KUNSTLER: ...I think the Court owes a duty THE COURT: Sit down, please continue. to the defense counsel in this case to see that the MR. HAYDEN: Bobby Seale should not be put THE COURT: All right. It will take some time to conduct of the marshals in this case with Mr. in a position of slavery. - then we will take a brief recess. Seale and the entire binding and gagging be referred THE COURT: Mr. Marshal - MR. HAYDEN: I thought you were going to ask by your Honor to the Judicial Conference of the MR. HAYDEN: He wants to defend himself. the defendants. United States Courts for an immediate investiga­ THE COURT: Tell that man to sit down. What is MR. WEINGLASS: Are we part - weren't we being tion. If your Honor does not do it, the defendants his name ? invited to oarticipate in the dialogue between the •- will make this formally. MR. HAYDEN: My name is Tom Hayden. MR. SCHULTZ: It is they who are disrupting this THE COURT: Oh, don't threaten the Court. MR. HAYDEN: I would just like to - trial and now they want to make the decision as -to MR. KUNSTLER: It is not a threat, your Honor. I THE COURT: Let the record show that Mr. Tom whether or not we should proceed. It is incredible! am telling you what we are going to do. Hayden rose and addressed the court, persisted in It is they who are fostering this and they want speaking despite the court's direction that he sit to advise the Court. . . down. Bring in the jury, Mr. Marshal. THE COURT: (rising) I have ordered a recess. MR. DELLINGER: What about the motion? There was MR. WEINGLASS: The Court invited it. a motion. Was there a motion for voir dire of the THE COURT: Let the record show that... jury? He hasn't ruled. MR. HAYDEN: (to the other defendants and spec­ MR. WEINGLASS: Your Honor, will you rule on my tators) Stand up. Stand up. Don't let them have motion? I made a motion to voir dire this jury. any pretext. THE COURT: The form of the motion is bad; there­ THE COURT: Let the record show that Mr. Hayden fore I deny it. äsKcd th6 DGODIG MR. WEINGLASS: May I have ari^ opportunity to MR. HAYDEN: I ask the people here to do whal rephrase the form of the motion? they were told and they did it. THE COURT: No. THE COURT: Mr. Hayden, do not try to fill my (The Jury flies back in, looking chary) sentences out for me, and you are not permitted THE COURT: Ladles and gentlemen of the jury, I to speak except as you may come tobe a witness must repeat in substance some of the observations in this case. You are not permitted to speak out I made to you yesterday about the unusual and ex­ loud. You may, of course, consult with your lawyer. traordinary things that occurred in this court. MR. SCHULTZ: There are three defendants who These incidents are not to be considered by you in have not risen, Mr. Dellinger, Mr. Rubin and Mr. determining the guilt or innocence of any of the Hoffman. defendants and I order you to disregard the inci­ (Brief recess) dents as you saw them and as you heard them. It THE COURT: Let the record show that - which of is, of course, as I pointed out, my obligation under the defendants have not risen ? the law to serve as the governor of this trial. That MR. RUBIN: Rubin. is the law in the Federal District Court and I have MR. SCHULTZ: Defendants Rubin, Hoffman, Davis, been trying each day to discharge my obligation Dellenger. under the law to insure the defendants as well as the United States of America a fair trial. (Bobby Seale is shouting; though muffled by the gag, THE COURT: Gentlemen, there are aspects of the words are clear: "You are denying my constitu­ this case that I want to consider before we resume tional rights; I demand my constitutional rights.") with the trial and we will recess now until two Mr. Seale, I will ask you to refrain from making o'clock this afternoon. Mr. - will you bring in those noises. I order you to refrain from making the jury, please. Le them stand before the jury box. those noises! MR. DAVIS: (rises and turns toward the jury) Ladies (The following proceedings were had in open court and gentlemen of the jury, I am trying to say he in the presence and hearing of the jury.) was being tortured while you were out of this room by these marshals. They come and torture him while THE COURT: Ladies and gentlemen of the jury, you are out of the room. It is terrible what is there remains only a short time in ordinary cir­ happening here. It is terrible what is happening. cumstances before tne Court would recess. I * ' THE HANGING JUDGE' ' MR.. FORAN: That is Mr. Davis, your Honor. have concluded to recess court until two o'clock THE COURT: Ladies and gentlemen of the jury, my with my usual order to you, not to talk with any usual order . . . (the jury begins to file out) . . . body about this case, not to let anybody speak PIG JULIUS J. HOFFMAN Who is that man who was talking? with you about it, not to discuss the case among A DEFENDANT: Your Honor, he is being choked yourselves. If anybody attempts to communicate to death -- tortured - - with you in any manner whatsoever, please comm-

SEVEN OF THE CONSPIRACY 8 WITH ATTORNEYS; LEONARD WEINGLASS (FAR LEFT) AND WILLIAM KÜNSTLER (FAR RIGHT).

THE COURT: I would tell you, sir, that the United MR. SEALE: (through the gag, but clearly) The judge unlcate with the Marshal, United States Marshal, States District Judge who practiced law in the is not . . . he is not trying to give you no fair trial. who will in turn lay the matter before me. courts of the United States and sat on state and That's what you are. You are lying. You know ex­ I must order you, as I have heretofore, not to read federal benches for 50 years has to sit here, sir, actly what you are. the newspapers or other journals, not to listen and have a defendant call him a pig? (Marshals move in to restrain him; the jury is now to radio or television or look at television. (Bobby Seale shouts angrily; the sound is muffled.) almost out of the courtroom.) And', Mr. Witness, you are ordered to return Listen to him now. MR. HAYDEN: Now they are going to beat him, they here at two o'clock for further examination, not MR. KUNSTLER: Your Honor, we cannot hear him are going to beat him. to talk with anybody about this case or anybody because of the binding and gag on him. MR. HOFFMAN: You may as well kill him if you speak with you about it, until you resume the THE COURT. You bring that to the Judicial confer­ are going to gag him. It seems that way, doesn't it? stand. Two o'clock, Mr. Marshall. ence or wherever you want to bring it. THE COURT: You are not permitted to address MR. KUNSTLER: But in addition to that, your the Court, Mr. Hoffman. You have a lawyer. Honor . . . (Whereupon, at 11:53 a.m., a recess was taken MR. HOFFMAN: This isn't a court. This is a to 2:00 p.m., of the same day, Thursday, October THE COURT: I will ask you to sit down. neon oven. 30, 1969.) MR. KUNST LER: You could have stopped all of this MR. FORAN: That was the defendant Hoffman who by merely letting him defend himself. You had a spoke. reasonable alternative . . THE COURT: Let the record show that the defen­ MR. SCHULTZ: . . . If the Court please, may I dant Hoffman spoke. make just a brief observation in reply to Mr. MR.SCHULTZ: Prior to that it was Mr. Hayden who PRISONERS OF WAR Kunstler? Mr. Kunstler said Mr. Seale wants his was addressing the jury while they were walking trial now, he doesn't want to wait for a judicial out of here. review. He wants it now. If the Court please, MR. HAYDEN: I was not addressing the jury. 1 was that is representative of the whole philosophy trying to protect Mr. Seale. The man is supposed FOR of the defense that we see. If they don't get what to be silent when he sees another man's nose they want now, they demand it by disrupting in being smashed? this case, disruption of the judicial proceeding MR. HOFFMAN: The disruption started when these POLITICAL PRISONERS If the defendants wanted to Introduce hearsay into guys got into overkill. It is the same thing as last evidence and the government objected and they year in Chicago, the same exact thing. THE BLACK PANTHER, SATURDAY NOVEMBER 29, 1969 PAGE 17 SEIZE THE TIME REVOLUTIONARY ALBUM NOW AVAILABLE The revolutionary album called The album is being distributed "Seize The Time" by Elaine Brown, to record shops and will be avail­ that the Black Panther Party has able soon. You can obtain the album promised to the people since Oc­ now at: tober is now on sale. Elaine, Deputy Minister of In­ Black Panther Party formation of the Southern Calif-, National Distribution ornia Chapter, whose songs you Tel: 415-922-6322 have heard live at our rallies and speaking engagements, has taped Black Panther Party the feelings of the Black Panther National Headquarters Party and is inviting the people to Tel: 415-845-0103 enjoy and learn (the words to the songs are printed on the inside of. the cover), and begin to have a Southern California Chapter deeper understanding of your Van­ Black Panther Party guard Party. Tel: 213-235-4127

Designed By Emory

In all societies, the way of life of the people, their culture, mores, customs, etc., evolve from the have always had the power to do it The power to determine our destinies as human beings and not economic basis of that society. The United States is a capitalist society, the system of capitalism being allow them to be determined by the few men who now determine them. That we were always human one of exploitation of man by man, with by-products such as racism, religious chauvinism, sexual and always had this power. But that we never recognized that, for we were deluged, bombarded, chauvinism, and unnatural divisions among the people. In other words, it's a dog-eat-dog society. mesmerized by the trinkets of the ruling class. And this means all of us: Black, Mexican, White, Indian, But it's not a dog-eat-dog world. Oriental, Gypsy, all who are members of the working class, of the non-working class (that is, those who Men are not innately greedy, nor are they innately uncooperative with each other. Therefore, it is don't have jobs), all who are oppressed. our goal, it is the goal of the Black Panther Party, and must be the goal of all men, to create conditions This means all of us have this power. But the power only belongs to all of us, not just some or one, in which men can start being human, can begin to cooperate with each other, can live with each other, but all. And that was the trick. That was the thing we never understood. And that is what statement in fact, in peace. Men cannot do this without an arena in which to do so. In other words, in an exploita­ these songs make. tive system men are forced to exploit. In an unkind system, men are forced to be unkind. In a world of ALL POWER TO THE PEOPLE. inhumanity, men will be inhuman. In a society that is warmongering, men will war. These are the SEIZE THE TIME. aspects or the way of life of a people who are part of a capitalist system. And songs are a part of the culture of society. Art, In general, is that. Songs, like all art forms, are an expression of the feelings and thoughts, the desires and hopes, and so forth, of a people. They are no more than that. A song cannot change a situation, because a song does not live and breathe. People do. And so the songs in this album are a statement - by, of, and for the people. All the people. A state­ ment to say that we, the masses of people have had a game run on us; a game that made us think that Elaine Brown it was necessary for our survival to grab from each other, to take what we wanted as individuals from Deputy Minister of Information any other individuals or groups, or to exploit each other. And so, the statement is that some of us have Southern California Chapter understood that it is absolutely essential for our survival to do just the opposite. And that, in fact, we Black Panther Party

From "Revolution and Education" "...the process of breaking out of slavery, the process of breaking out of a set of so­ cial arrangements, of a social organization DIG that is killing us, this process is named revolution;...revolution is a glorious term, it's a term to be proud of, and we should By Eldridge Cleaver know that we are morally right, we are right in every sense of the term, that the oppressor is the one who is wrong; and that the oppressor has no rights, which the op­ pressed are bound to respect..." ELDRIDGE CLEAVER MINISTER OF INFORMATION $3.50 P» ALBUM BLACK PANTHER PARTY .«..«»» MAIL ORDER BLANK «...... B.P.P. MIN OF INFORMATION BOX 2967, _ CUSTOMHOUSE Please send me.•SEIZ E THE TIME S.F.,CA. 94126 'DDIG Enclosed is my check Money Order Amount plus postage

PLEASE SEND ALBUM TO

Name Address

ELDRIDGE CLEAVER Mora IWcwd Comjuwy RECORDED AT SYRACUSE City_ State — 4 by 5 BLACK AND WHITE MAIL ORDER BUNK MINISTRY OF INFORMATION BOX 2967. CUSTOM HOUSE ' SAN FRANCISCO, CA 94126 (le*xdutiû* Section,'*, Please Send Me Box(es)of revolutionary season's greeting cards QtieeiUuj, GüfiJU Enclosed is my check—Money Order—Amount Plus postage TEN ALL PURPOSE CARDS PLUS TWO PLEASE SEND CARDS TO EXCLUSIVE XMAS CARDS Name Address •_• $1.00 PER BOX 15< PER CARD City State REVOLUTIONARY DESINGS BY MINISTER OF CULTURE L MAIL ORDER SALES~BOXES ONL Y

LU M M U M U i M 1 U t M t Cyt^L 2 1 HIMMIUlMtiUMil "When the slave of imperialism who lives inside the house of imperialism picks up guns against the imper­ ,. ;*ii*¥MMNw*TRfa ialists to make common cause with the revolutionary h ( in M MM tnu IHM I peoples of the whole world, we know that the days of the imperialist are numbered." , * t l i i « i 1 * * t . . i . « t » * » t * * 1 iMMMMMMMMMMt * i '»ItiAi***»***********' » * : M M M i M M M..M M M i * •» . » A A

4 «•pcirectcugemniwtt«*» - •»CCPOC>C<»C>CtgtCtWKtCtttPCt» gwcgntwrawtHWctcwctcti "An unarmed people are "Fascism breeds when the lazy, trick­ 6 ing, demagogue politicians lie and mis­ "Revolution In r slaves, or subjected to lead people about the suffering that i slavery at any given time." Our Lifetime"

tttoprawmKntcttrniwwiiw

mm "We ulitt fight from one 9 generation to the next" I 1 Jl I ilfppj 'i

[ "If 1 should 1 f return, 1 shall n ft kiss you. If 1 IS S should fall on Ê * the way, 1 shall nj S ask you to do as 1 1 1 have in the name 1 £ of the revolution." V i

12 WHAT IS A PIG?

"A low natu red beast that has no "The racist dog regard for policeman must law, justice, withdraw im­ or the rights mediately from ot people; a our communities, creature that cease their wan­ bites the hand ton murder and that feeds it; brutality and afoul torture of Black depraved People, or face traducer, the wrath of the usually found armed people." masquerad­ ing as the victim of an ^C^PC'«t^?€<^CC*^«»^t^^C*W'«J«^«^re^«^t3«lt^^ unprovoked attack." For further Information call (415) 922-6322 San Francisco, Calif. 845-0103 Berkeley, Calif. r

THE BLACK PANTHER, SATURDAY NOVEM3ER 29, 1969 PAGE 19

October 1966 3. We want an end to the robbery by the CAPITALIST of our Black Community.

Black Panther Party We believe that this racist government has robbed us and now we are demanding the overdue debt of-forty acres and two mules. Forty acres Platform and Program and two mules was promised 100 years ago as restitution for slave labor and mass murder of black people. We will accept the payment in currency which will be distributed to our many communities. The Germans are now aiding the Jews in Israel for the genocide of the Jewish people. The Ger­ mans murdered six million Jews. The American racist has taken part in the slaughter of over fifty million black people; therefore, we feel that this What We Want is a modest demand that we make. 4. We want decent housing, fit for shelter of human beings. What We Believe We believe that if the white landlords will not give decent housing to our black community, then the housing and the land should be made into coopératives so that our community, with government aid. can build and make decent housing for its people.

5. We want education for our people that exposes the true nature of this decadent American society. We want education that teaches us our true history and our role in the present-day society. We believe in an educational system that will give to our people a knowl­ edge of self. If a man does not have knowledge of himself and his position in society and the world, then he has little chance to relate to anything else. 6. We want all black men to be exempt from military service. We believe that Black people should not be forced to fight in the mili­ tary service to defend a racist government that does not protect us. We will not fight and kill other people of color in the world who, like black people, are being victimized by the white racist government of America. We will protect ourselves from the force and violence of the racist police and the racist military, by whatever means necessary.

7. We want an immediate end to POLICE BRUTALITY and MURDER Y of black people. We believe we can end police brutality in our black community by or­ ganizing black self-defense groups that are dedicated to defending our black community from racist police oppression and brutality. The Second Amendment to the Constitution of the United States gives a right to bear arms. We therefore believe that all black people should arm themselves for self-defense.

8. We want freedom for all black men held in federal, state, county and city prisons and jails. We believe that all black people should be released from the many jails and prisons because they have not received a fair and impartial trial. 9. We want all black people when brought to trial to be tried in court by a jury of their peer group or people from their black communities, as defined by the Constitution of the United States.

We believe that the courts should follow the United States Constitution so that black people will receive fair trials. The 14th Amendment of the U.S. Constitution gives a man a right to be tried by his peer group. A peer is a person from a similar economic, social, religious, geographical, en­ vironmental, historical and racial background. To do this the court will be forced to select a jury from the black community from which the black defendant came. We have been, and are being tried by all-white juries that have no understanding of the "average reasoning man" of the black community.

10. We want land, bread, housing, education, clothing, justice and peace. And as our major political objective, a United Nations-supervised plebis­ cite to be held throughout the black colony in which only black colonial subjects will be allowed to participate, for the purpose of determining the will of black people as to their national destiny.

When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and TREE HUEY equal station to which the laws of nature and nature's God entitle them, a Minister of Defense. Black Panther Party decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal; 1. We want freedom. We want power to determine the destiny of our that they are endowed by their Creator with certain unalienable rights; Black Community. that among these are life, liberty, and the pursuit of happiness. That, to seeure these rights, governments are instituted among men, deriving their We believe that black people will not be free until we are able to deter­ just powers from the consent of the governed; that, whenever any form of mine our destinv. government becomes destructive of these ends, it is the right ofthe people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Pru­ 2. We want full employment for our people. dence, indeed, will dictate that governments long established should not be changed for light and transient causes; and. accordingly, all experience We believe that the Coderai government is responsible and obligated to hath shown, that mankind are more disposed to suffer, while evils are give every man employment or a guaranteed income. We believe that if sufferable. than to right themselves by abolishing the forms to which .they the white American businessmen will not give full employment, then the are accustomed. But. when a long train of abuses and usurpations, pur­ means of production should be taken from the businessmen and placed in suing invariably the same object, evinces a design to reduce them under ab­ the community so that the people ofthe community can organize and em­ solute despotism, it is their right, it is their duty, to throw off such govern­ ploy all of its people Unci give a high standard of living. ment, and to provide new guards for their future security. n-wfi • m mtemma^r^ßmietii *n&mH*K