The Trial of Bobby Seale Jason Epstein

A Special Supplement The Trial of Bobby Seale Jason Epstein defendant, Bobby Seale, who is transcript will perhaps show, but in an terror. When he utters the name of I charged with first degree murder in unmistakable theatrical gift which, at defendant Rubin it is as if a chord has New Haven and is thus without bail, had an earlier time in his life, might have been struck on the Wurlitzer of a Introduction entered and left the courtroom, before been a contrivance but is now his long forgotten music hall. And when he explodes the middle initial of the The United States District Court for the judge declared a mistrial in his second nature. Though he stands only defendant Bobby G. Seale, one is made the Northern District of Illinois (East- case. On the wall behind the judge's five feet four inches tall and weighs to feel that the innocence of that ern Division) occupies several floors of bench are conventional portraits, which hardly more than the smallest of the consonant has been lost forever. the new Federal Building in Chicago's belong to the judge himself, of the formidable lady jurors, he makes use Loop. Of this thirty-story building, founding fathers, as well as one of of his diminished stature to enter the designed in steel and glass by the late Abraham Lincoln and three of peri- courtroom from a door behind his What follows is the official trans- Mies van der Rohe, the Chicago Art wigged English jurists. Above these bench so that he does not become cription, taken by the court stenogra- Institute has said, "The commitment portraits, on the upper part of the visible until he has materialized atop pher, of what the Judge read from his notes on the afternoon of November 5. to order everywhere present is trans- wall, is the Great Seal of the United the highest of the several stages at the lated into an authoritarian and heroic States. The building is so designed that front of the room. His entrance is The text is printed here without changes except for corrections in spell- presence." Its lobby is designed "with- if this upper wall were transparent one invariably accomplished in this surpris- ing and punctuation, the deletion of a out recourse to historical vocabulary," could see directly into the lockup on ing manner so that even spectators few redundant passages, and references while the building itself, outside and the twenty-fourth floor. who have become used to the phe- to the page numbers of earlier parts of in, lacks all adornment. The single nomenon and have learned to antici- the transcript. I have added explana- exception is an electric carillon on the Tie proceedings which follow oc- pate it are occasionally startled by tory notes which appear in brackets. ground floor which in normal times curred between 2:35 and 4:05 P.M. on what seems to be his magical appear- In order to follow Judge Hoffman's plays popular and patriotic tunes, but statement one must know that the trial during the conspiracy trial which is began on September 24 and the jury now in progress the carillon has been had been chosen by September 26. The silenced. The revolving doors at each events referred to in the transcript thus of the four corners of the lobby are occurred over a period of five weeks. each guarded by six armed marshals Throughout these weeks the United and visitors are asked to identify States Attorney, Thomas Foran, and themselves as they enter. Purses and his assistant, Richard Schultz, had been briefcases are opened and searched. presenting their case. Their evidence Since the beginning of the trial pistols against the alleged conspirators con- have been taken from four visitors. sisted largely of testimony given by The courtrooms themselves are to be city officials and by undercover agents found along interior corridors on the hired by the FBI, the Chicago police, upper floors of the building. Judge and, in one case, by a Chicago news- Hoffman's court, where the conspiracy paper columnist who had engaged a trial is held, is on the twenty-third young reporter to spy on the organ- floor and, like the other- courtrooms, is izers of the Chicago protest. two stories high. As the visitor Since Seale had been in Chicago for enters through swinging doors at the rear of the room, he finds himself only two days during the convention and had been invited to come only at standing in a carpeted aisle between 1 1 T1. 4LU1 ta011- The courtrooms themselves are to be sisted largely of testimony given by found along interior corridors on the city officials and by undercover agents upper floors of the building. Judge hired by the FBI, the Chicago police, Hoffman's court, where the conspiracy and, in one case, by a Chicago news- trial is held, is on the *twenty-third paper columnist who had engaged a floor and, like the other courtrooms, is young reporter to spy on the organ- two stories high. As the visitor izers of the Chicago protest. enters through swinging doors at the Since Seale had been in Chicago for rear of the room, he finds himself only two days during the convention standing in a carpeted aisle between and had been invited to come only at two rows of wooden benches. Those the last minute as a substitute for on his left are for spectators, who are Eldridge Cleaver, the evidence against carefully searched before they are him was sparse. It consisted of an allowed to enter. The benches to the account by Robert Pierson,' an under- right are for the press, though the last cover Chicago policeman, of a speech three rows of this section are reserved by Seale in Lincoln Park. In this for friends and relatives of the defend- speech, according to Pierson, Seale had ants. Because the trial has attracted urged his audience to "barbecue some such attention, the benches on both pork," and Judge Hoffman, over the sides of the aisle are usually filled. objection of the defense, had allowed At the end of the aisle is a chain Pierson to give his opinion to the jury and beyond this chain, in a large open that this meant "to burn some pigs," space, sit the defendants around four i.e., policemen. tables arranged in a large rectangle. At Normally the First Amendment pro- the far end of this rectangle sit the two tects even such provocative language as defense attorneys. Opposite them, seat- this, except in the event of a "clear ed at a table half the size, are the and present danger" that such language three government lawyers and an FBI will incite the audience unequivocally agent who assists them. Behind these and immediately to commit the illegal lawyers is the jury box with its twelve Wednesday, November 5, 1969. At ance. act recommended by the speaker. jurors and two alternates. Of these, all eleven that morning Judge Hoffman But it is the Judge's formidable gift Since no such acts were committed but two are women. had recessed the Court until two. That for impersonation, such as Dickens is either at the time or later, Seale's At the front of the room, facing the afternoon, when he re-entered the said to have revealed when he read speech would, ordinarily, be innocent. court, is the judge's bench, elevated to courtroom thirty minutes later than from his novels, which, completes and However, in a trial for conspiracy the form a kind of stage on several levels. the appointed time, his aspect was enforces the illusion. On the afternoon ordinary constitutional protections On a low platform to the right sits the even more ominous than usual. The of November 5 he was able not only don't necessarily apply. A defendant court stenographer. Behind her, a foot jury had not yet been called in and to sustain the resonance of his voice may be found guilty of conspiracy or so higher, is the witness box. At the was not to appear until the end of the through a wide range of modulations even though the acts of which he is opposite end of the stage sits a marshal day. Twenty-two marshals, each with a for an hour and thirty minutes but to accused are themselves perfectly legal. in a kind of pulpit. Along the wall pistol concealed beneath his suit coat convey an impression of the defendant To most citizens this aspect of the law behind the defendants' table there are and a badge on his pocket, guarded the Seale, as he read his remarks from the is puzzling, but in order to understand folding chairs for additional members various entrances. Several of them transcript, and of himself as he read the case against Seale and his co-de- of the press and in this wall there are hovered at the defendants' table. his own replies, which raised the fendants, the mystery must be ex- two doors. The one farther from the Despite his diminutive size and his dialogue to an impressive theatrical plained, insofar as it can be. judge's bench leads to a cloakroom and curiously dainty manner, the seventy- level. It is no crime to buy gasoline, nor is from there to the corridor, while the four-year-old Judge conveys an unde- The mouth, his most expressive it a crime for a second person to buy a one closer to the judge leads to the niable authority. Only after one has feature, is highly mobile and can be match or for a third to hold a fire lockup, one floor above.

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