The Trial of Bobby Seale Jason Epstein

The United States District Court for lated into an authoritarian and heroic to order everywhere present is trans- ern Division) occupies several floors of the Northern District of Illinois (East-

designed in steel and glass by the late the new Federal Building in Chicago's

out recourse to historical vocabulary," Mies van der Rohe, the Chicago Art Institute has said, "The commitment in, lacks all adornment. The single presence." Its lobby is designed "with- Loop. Of this thirty-story building,

silenced. The revolving doors at each

exception is an electric carillon on the of the four corners of the lobby are and visitors are asked to identify while the building itself, outside and themselves as they enter. Purses and during the conspiracy trial which is each guarded by six armed marshals briefcases are opened and searched. ground floor which in normal times

have been taken from four visitors. now in progress the carillon has been

Since the beginning of the trial pistols plays popular and patriotic tunes, but

found along interior corridors on the

Hoffman's court, where the conspiracy upper floors of the building. Judge floor and, like the other- courtrooms, is trial is held, is on the twenty-third

rear of the room, he finds himself

standing in a carpeted aisle between

enters through swinging doors at the two stories high. As the visitor

The courtrooms themselves are to be

Introduction

T1.

The Trial of Bobby Seale

New Haven and is thus without bail, had charged with first degree murder in

defendant, Bobby Seale, who is

entered and left the courtroom, before

case. On the wall behind the judge's

bench are conventional portraits, which T the judge declared a mistrial in his

belong to the judge himself, of the Abraham Lincoln and three of peri- could see directly into the lockup on wall, is the Great Seal of the United founding fathers, as well as one of

if this upper wall were transparent one States. The building is so designed that wigged English jurists. Above these curred between 2:35 and 4:05 P.M. on

the twenty-fourth floor. portraits, on the upper part of the

ie proceedings which follow oc-

A Special Supplement

Jason Epstein

unmistakable theatrical gift which, at an earlier time in his life, might have been a contrivance but is now his

transcript will perhaps show, but in an

second nature. Though he stands only five feet four inches tall and weighs

hardly more than the smallest of the courtroom from a door behind his

of his diminished stature to enter the formidable lady jurors, he makes use visible until he has materialized atop invariably accomplished in this surpris- bench so that he does not become front of the room. His entrance is the highest of the several stages at the ing manner so that even spectators who have become used to the phe-

nomenon and have learned to antici-

what seems to be his magical appear-

pate it are occasionally startled by

consonant has been lost forever. defendant Bobby G. Seale, one is made terror. When he utters the name of cription, taken by the court stenogra- What he explodes the middle initial of the to feel that the innocence of that defendant Rubin it is as if a chord has

The text is printed here without notes on the afternoon of November 5. long forgotten music hall. And when been struck on the Wurlitzer of a

changes except for corrections in spell- pher, of what the Judge read from his

few redundant passages, and references

ing and punctuation, the deletion of a

to the page numbers of earlier parts of the transcript. I have added explana- statement one must know that the trial

tory notes which appear in brackets. had been chosen by September 26. The

occurred over a period of five weeks. events referred to in the transcript thus began on September 24 and the jury

Throughout these weeks the United States Attorney, Thomas Foran, and

his assistant, Richard Schultz, had been sisted largely of testimony given by and, in one case, by a Chicago news- city officials and by undercover agents against the alleged conspirators con-

presenting their case. Their evidence

paper columnist who had engaged a hired by the FBI, the Chicago police,

izers of the Chicago protest. young reporter to spy on the organ- and had been invited to come only at

only two days during the convention

In order to follow Judge Hoffman's

Since Seale had been in Chicago for

follows is the official trans- 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. When this observed him at length does one pursed and stretched to considerable insurance policy on a building which door is opened, the defendants, seven discover the source of this authority— effect. The articulation is precise with then burns down. But if a prosecutor of whom are free on bail, may see the not in his juridical wisdom, which is an occasional British vowel. The can convince a jury that the defendant steel grating through which the eighth hardly remarkable as the following pauses, when he so intends, can strike who bought the gasoline had guilty December 4, 1969 35 36

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so that if the jury finds that a

conspiracy did in fact exist, each

defendant who is found to have bpen statements of the other conspirators. found guilty of all the acts and part of the conspiracy may then

know most of his fellow defendants at Nor does it matter that Seale did not

the time of his speech and barely knew

law is that the existence of a conspir- the others. A peculiarity of conspiracy

advance to plan their crime, nor need acy—which is an agreement by two secret. A conspiracy may be entirely or more people to commit a crime— defendants need not have met in the overt acts of the defendants. The the similarity of purpose suggested by T of people. Furthermore the govern- may be inferred by the jury from their arrangements have been made in public and may include large numbers ment is under no obligation to indict can choose as defendants whom it will. all the members of a conspiracy but

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o complicate matters further, the

04e4

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charged in the federal indictment with

having come from San Francisco to Chicago with the intention of planning a march on the International Amphi-

ing to the indictment, "large numbers attack on the Loop in which, accord- theatre, a sleep-in in Lincoln Park, an of persons would break windows, set off false alarms, set small fires, disable

with the other alleged automobiles," and so on. Together is also charged with

admitted in evidence, while in the first forcibly occupy all or part of it. The

only a few lines from the second were the Conrad Hilton Hotel and hold and speech he urged his listeners not to two speeches in Chicago, of which fact that Seale did no more than give march on the Amphitheatre because it

made no sense for them to do so, is of on the Amphitheatre did in fact take no account.

The application of conspiracy law to invaded, much less forcibly occupied. except in one case by the police, or place, that no fires were set in the cars disabled, nor was the Hilton

Loop, nor were windows smashed,

Nor is it of account that no march

/-L.5A

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defendant who bought the match and

that they shared this knowledge with surance on the burnt building, then the

guilty of a conspiracy to burn the jury may find that all three had been house down, even though the actual the defendant who collected the in-

arsonist is never brought before the court. In the Chicago case, the gov-

ernment's plan was to link Seale's state-

ment about pork to acts and state-

and actions of all the other defendants,

conspiracy is responsible for the words ments of the other defendants so as to show that the combination of these

acts and statements prove that the defendants as a group conspired to come to Chicago intending to incite a riot.

Under the law, each member of a

statute under which they are being

tried, an amendment to the Civil

Brown Amendment—makes it a crime Rights Act of 1968—the so-called Rap

incite to riot. Inciting to riot, under to cross state lines with the intent to

individual in a group of three or more

this law, is defined as an act by an

such intentions, whether they are car- which threatens the safety or property ried out or not—so long as a jury of a fourth person. The penalty for

years in jail. Since the Chicago defend- perceives them to have existed—is five ten years.

each of them faces a prison term of for actually having them as individuals, ants are indicted not only for having conspired to have such intentions but

As an alleged co-conspirator, Seale is

the 1968 anti-riot statute makes it a refused. the postponement, then re- crime for Seale simply to have refused to permit Seale to defend him- vealed, by his single statement con- self in Garry's absence. These charges cerning "pork" and another urging his were the substance of Seale's several listeners to defend themselves with outbursts in the following weeks, guns against illegal attacks by the which Judge Hoffman was to recite police, that he shared a common with such eloquence on the afternoon purpose or "intent"—implying an agree- of November 5, and for which he was ment—with the other defendants, whose to charge Seale with sixteen separate own alleged crimes and "overt counts of contempt and sentence him acts" as they are described in the in- to jail for four years, an unprecedented dictment are no less metaphysically punishment for contempt of court. conceived than Seale's own. In late August lawyers for the • defense petitioned Judge Hoffman to Seale, the Chairman of the Black postpone the trial so that Garry could Panther Party, is however in consid- attend it upon his recovery. On Sep- erably more trouble than his fellow tember 9, Garry himself came to defendants, for under the New Haven Chicago to make the same plea. On murder charge he faces the death both occasions the Judge, perhaps penalty. His defiant behavior in Judge sensing a dilatory tactic, refused. On • Rembrandt's ARISTOTLE and Other Rembrandt Studies JULIUS S. HELD The year that commemorates the three-hundredth anniver- sary of Rembrandt's death brings these five studies by a leading authority on Flemish and Dutch art. Studies on Aristotle and Juno are published for the first time. Two more—those on the "Polish" Rider and on the drawings for the Stbty ofN Tobit—have been revised for reissue in the light of itfth. t scholarship. The last essay is a brief and lively coda on the Rembrandt myth. About 267 pages incl. 132 figures on 80 plates, plus 3 color plates. 81/2" x 101/2". $10.00 At your bookstore or from Princeton University Press Princeton, New Jersey 08540 \ Whose

charge was that the judge, having having judge, the that was charge after his recovery from a major opera- major a from recovery his after ber 15. The basis for Seale's second second Seale's for basis The 15. ber

tion which was scheduled for Septem- for scheduled was which tion

December 4, December

defended a number of Black Panthers Panthers Black of number a defended

in California, could attend the trial trial the attend could California, in

and was thereafter illegally denied his his denied illegally thereafter was and cisco lawyer, who had successfully successfully had who lawyer, cisco

his first charge was that Judge Hoff- Judge that was charge first his

that Charles Garry, Seale's San Fran- San Seale's Garry, Charles that

ion, refused to postpone the trial so so trial the postpone to refused ion, man had, unreasonably in Seale's opin- Seale's in unreasonably had, man

right to defend himself. The basis of of basis The himself. defend to right

September 26 that he had been un- been had he that 26 September

fairly denied the counsel of his choice choice his of counsel the denied fairly

flict. Seale had argued from the day day the from argued had Seale flict.

in New Haven put him beyond any any beyond him put Haven New in

the jury first entered the court on on court the entered first jury the

regard Seale's actions as simply those those simply as actions Seale's regard

apparent, as his outbursts continued, continued, outbursts his as apparent,

of a desperate man whose difficulties difficulties whose man desperate a of punishment Judge Hoffman might in- might Hoffman Judge punishment

grant him his rights or to appear in a a in appear to or rights his him grant

light of this fact. fact. this of light

humiliating moral light. light. moral humiliating

Hoffman's court, which led to his his to led which court, Hoffman's

5, may be understood partly in the the in partly understood be may 5,

being cited for contempt on November November on contempt for cited being

that he was forcing the Judge either to to either Judge the forcing was he that

It would be wrong, therefore, to to therefore, wrong, be would It

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court, insofar as rules of procedure procedure of rules as insofar court,

defend themselves but to use the the use to but themselves defend

views and who want not only to to only not want who and views

that they are on trial for their political political their for trial on are they that

by statute and has often been exer- been often has and statute by

defense. defense.

man denied Seale the right of self self of right the Seale denied man

teed under the Constitution as well as as well as Constitution the under teed filed this appearance that Judge Hoff- Judge that appearance this filed

cised, especially by defendants who feel feel who defendants by especially cised,

formally to serve as his attorney. It is is It attorney. his as serve to formally

partly on the basis of Kunstler's having having Kunstler's of basis the on partly

on behalf of Seale, that is, agreed agreed is, that Seale, of behalf on

defense attorneys, filed an appearance appearance an filed attorneys, defense

order to see Seale in Cook County Jail Jail County Cook in Seale see to order

eager to consult with him on the the on him with consult to eager

that William Kunstler, one of the the of one Kunstler, William that

preparation of their case. It was in in was It case. their of preparation

were not only fearful for his safety but but safety his for fearful only not were

touch with the defense lawyers who who lawyers defense the with touch

Cook County Jail on the eighteenth. eighteenth. the on Jail County Cook

Chicago where he was deposited in the the in deposited was he where Chicago

shals, chained to two other prisoners, prisoners, other two to chained shals,

and driven by a circuitous route to to route circuitous a by driven and

was awaiting extradition to Connect- to extradition awaiting was

September 12 Seale was taken from his his from taken was Seale 12 September cell in a San Francisco jail where he he where jail Francisco San a in cell icut, placed in a car by federal mar- federal by car a in placed icut,

AA.; AA.;

The right of self defense is guaran- is defense self of right The

During this period he was out of of out was he period this During

fet/ri fet/ri

t t

sarot•-r70i'fr sarot•-r70i'fr

. • • . . • • .

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$10.00 $10.00 37 37 allow, as a political forum. Judges are

is requested early enough in the trial so as not to interfere with an orderly required to grant this right provided it cases, Eugene Dennis and Elizabeth

proceeding. Thus, in two Smith Act Gurley Flynn defended themselves, and earlier this year so did ten of fourteen defendants on trial in Milwaukee for

destroying draft records.*

been chosen and the trial about to begin, Seale submitted to the Court a motion in his own hand asking that the trial be postponed to permit Garry Judge denied this motion, he wanted it to attend, but in the event that the known that he had "fired" his lawyer defend himself. The Judge ignored this of record—William Kunstler—and -would motion. Later on the same day, how- ernment and those for the defense had ever, after the lawyers for the gov-

completed their opening statements to

the jury and the Judge had asked whether there were any other statements by lawyers before the first witness was called, Seale got to his feet and walked to the lectern which stood

before Judge Hoffman's bench. "Just a minute, sir," the Judge asked, "who is

The Judge then asked Kunstler wheth- your lawyer?"

replied, "No, your Honor, as far as Mr. Experiments in Prose absence of Charles R. Garry ... " er he represented Seale and Kunstler Seale has indicated, that because of the whereupon the Judge interrupted to ask Kunstler whether he had filed an appearance for Seale. Kunstler said

that he had and the Judge then said cine Gray,

*See "The Ultra-Resistance" by Fran-

On September 26, the jury having

"Charles R. Garry," Seale replied.

NYR,

Euaene Wildman. Ed.

September 25, 1969.

opening statement on Seale's behalf. that he would let Kunstler make an Kunstler refused, saying that he "could not compromise Mr. Seale's position

here," at which point the Judge cut

him short and called in the jury.

exchange occurred, was a Friday. On September 30, the following Tuesday,

Kunstler moved formally to withdraw his appearance for Seale but the Judge and the interest of an orderly proceed- denied the motion, presumably because ing outweighed Seale's constitutional sence would defend himself. less, continued to insist that he had right to self defense. Seale, neverthe- the trial was now in its second full day ... that he was not his full counsel "fired" Kunstler and in Garry's ab-

this opportunity and reminded him that Kunstler, "a very able criminal lawyer from New York," had filed a written as well as an oral appearance

for him. The oral appearance to which the Judge referred was a statement made by Kunstler on September 24

colleague, would each represent four that he and Leonard Weinglass, his defendants, thus each lawyer would

have a chance to cross-examine government witnesses separately.

Garry's services. So did the other seven

it had become apparent to many

observers in the Court that the Judge, defendants. By the end of September in his haste to get on with the trial, might, by having refused the post- sel of their choice. In a private I ponement, have denied all the defendants their constitutional right to coun- conversation at this time, Thomas

September 26, the day on which this

The Judge repeatedly denied Seale

t was not only Seale who wanted

"Wildman and Swallow Press have given

an essential boolP=essential because

$1 00

ants had grounds under the Sixth possibility that the other seven defend- Foran, the prosecutor, dismissed the

but he admitted that he wasn't so sure Amendment to an argument on appeal, that Seale's rights had not been vio-

lated. Accordingly Foran reminded the ants represented by Kunstler and Wein- Judge

glass as well as by two local lawyers, but that four other lawyers had filed appearances for the defendants but had

record to show that all the defendants, never shown up. Foran wanted the including Seale, were adequately represented and that if an error had been made it was the fault of these four

absent lawyers. lawyers had never intended to partici-

in this respect having been completed, pate in the trial but had agreed only to prepare pre-trial motions. Their work Judge Hoffman, however, responded to their services were no longer needed.

bench warrants for the arrest of the the government's tactic by issuing four lawyers, one of whom, a professor

Chicago, and found himself the next federal marshal, put on a plane to of law at UCLA, was awakened by a

morning, having been photographed in the lockup one floor above Judge and fingerprinted in Cook County Jail,

sentences for their failure to honor as the four lawyers were facing jail Hoffman's courtroom. That morning,

their appearances, Judge Hoffman told Kunstler that the keys to the County Jail were in the pockets of the defense, by which Kunstler assumed the Judge to mean that "if the defendants waived

open for these [four] attorneys." The to Garry, then the jailhouse would their right to counsel ... with respect

Kunstler replied that these four

A new kind of investment of self. You lection of contemporary involvements in evolving new forms—from programmed linear texts to Homer-with-a-tape-re- that not only were the defend- corder; from mixed media presentation emerge with 24 pairs of eyes. A now col-

defendants, who later described Judge fused to relinquish their claim to Garry's services and the Judge, two of Hoffman's tactic as "blackmail," re- whose warrants had been found invalid by the United States District Court in

was now being picketed by angry lawyers from all over the country, was San Francisco and whose own court forced to back down.

creased in vehemence despite Judge gagged. On the afternoon of October Hoffman's warnings that if they con-

lockup and returned, ten minutes later, tinued Seale would be bound and marshals through the door to the 29, Seale was taken forcibly by two chained hand and foot to a metal S

chair. A gag of muslin was in his

mouth.

chair had obviously disturbed the jury, rattling of the chains against the metal first gag had proved ineffective and the

a wooden chair. The gag that passed Seale was brought to court strapped to

over his mouth and was tied in a knot at the nape of his neck was supple- mented by another of the same muslin

which passed under his chin and was

head. Under the gag his mouth was tied in a sort of bow atothe top of his

session ended he managed to speak in taped. Seale sat quietly throughout most of the day, but as the afternoon

insisting on his right to defend himself. a loud, if muffled, voice, once more

further strengthened by an elastic

with some kind of cotton which the marshals had managed to insert by bandage and Seale's mouth was stuffed

holding his nose. This forced him to

The following morning, since the

eale's demands, thereafter, in-

The following morning the gag was

manages to

. . this free-wheeling collection . . .

keep

the reader alert and a open his mouth. The arrangement the government's case in the eyes of proved effective, but as Seale attempt- the jury. ed to breathe the elastic bandage When the trial resumed on the tightened around his head and he following Monday, Seale entered the choked. Mr. Weinglass, at this point, courtroom free of his gag and straps. petitioned the Court to loosen the gag However he continued to interrupt the "SOULSIDE and Judge Hoffman, having inquired proceedings, insisting on his right to whether the government agreed and defend himself, evidently aware that upon the affirmative reply of the his demands, and Judge Hoffman's assistant prosecutor, Mr. Schultz, or- refusal to hear them, had put the dered the gag loosened. Judge and, indeed, the judicial system is a triumph! Kunstler and Weinglass then moved itself in a most awkward position, a to recess the Court for the rest of the conclusion which the Chicago Bar day so that one of them could fly to Association confirmed at a press con- VlIt is one of the best anthropological California and consult with Garry ference on the following day. By studies of a contemporary community about a way out of the impasse. Upon Wednesday morning the Judge recessed the urging of the government lawyers, the Court to prepare the following ever made. It reads like a novel, and in the Judge agreed. Mr. Schultz admitted statement which he read that after- addition to the solid contribution it that the gag and straps might damage noon. makes to our understanding of the Black ghetto, it leaves no doubt in the reader's mind as to what it is that requires to be done to remedy that that the court must interpret and condition." II apply in the trial of criminal cases. In conformity with Rule 42(a) of the —Ashley Montagu The Transcript Federal Rules of Criminal Procedure (The following proceedings were had in and Title 18, United States Code, open court, out of the presence and Sei.tion 401, I certify at this time that hearing of the jury:) I saw and overheard the conduct of SOULSIDE: THE COURT: There is a matter that the defendant Bobby G. Seale to I wish to take up, gentlemen, before which I shall refer during these obser- Inquiries into Ghetto we proceed further with this trial. vations, which conduct took place in I think, Mr. Witness, you may be the actual presence of the court during Culture and Community excused and go into the witness room. the trial of this case which is entitled (Witness temporarily excused.) United States of America v. David Ulf Hannerz THE COURT: As I think everyone Dellinger and others, the case number $5.95

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WALT W H IT M A N revised edition by Gay Wilson Allen This life of Whitman in words (many of his own words) and pictures was originally published in 1961 and has been out of print for several years. In this centennial year of the poet's birth, Wayne State Uni- versity Press has published a re- who has attended the various sessions being 69 CR 180. vised edition of Gay Wilson Allen's of this trial must, if he is fair, understand, the court has done its best The trial commenced on September conOse, vividly written biography. to prevent, or to have repeated, efforts 24, 1969, and has continued through Additional illustrations, some re- to delay and obstruct this trial which I this morning. I find not only from visions, an updated bibliography, think have been made for the purpose seeing and hearing the conduct to and a new section on criticism of causing such disorder and confusion which I am about to refer, the conduct combine with the original text to as would prevent a verdict by a jury of the defendant Seale, but from make this book a fine introduction on the issues presented by the indict- reading the transcript of the proceed- to America's greatest poet. ment and the pleas of not guilty ings that the acts, statements and 252 pages paperbound, $3.95 conduct of the defendant Seale which thereto. clothbound, $7.50 I must now, as I perceive my duty I shall specify here each constitute a separate contempt of this court; that and obligation to be, take proper steps wa € STATE UNIVERSITY PRESS to insure that the trial as it continues each constituted a deliberate and will- Detroit, Michigan 48202 be conducted in an atmosphere of ful attack upon the administration of dignity, an atmosphere that the de- justice in an attempt to sabotage the fendants and each of them are entitled functioning of the federal judicial To: Wayne State University Press, Detroit, Michigan 48202 to have prevail in the trial of this case. system. Please send_copy/ies of As we all know, the defendant Bobby Walt Whitman, paperbound, at $3.95 each G. Seale has been guilty of conduct in MR. SEALE: That is a lie. I stood _copy/ies of Walt Whitman, clothbound, at $7.50 each up and spoke in behalf of myself. I the presence of the court during this Name trial which is not only contumacious in stood up and spoke in behalf of myself and made motions and requests. character but his misconduct was of so Address grave a character as to continually THE COURT: I don't permit any- disrupt the orderly administration of body to speak while I am talking. City State Zip Code justice. MR. SEALE: I stood up and walked We have in the federal courts the to the lectern and demonstrated the fact Please send check or money order with your order. We will pay all Federal Rules of Criminal Procedure I wanted to cross-examine the witness. shipping and handling charges. which together with Title 18 of the You allowed these men here and Tom United States Code represent the rules Hayden to go,all the way to California December 4, 1969 .‘ 39 UNDERACHIEVERS

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to see about my lawyer, which indicat- five minutes. You are talking about dis- ed, and I tried to persuade you again to recognize it. I was there no more than That's a lie. That's a lie. rupting the proceedings of this trial?

very difficult for me, Mr. Seale.

difficult for me, Judge Hoffman.

done my best. I have done my best.

up and speak in my own behalf. I do. You know that.

not have a right to speak while the

and make requests and make argu- Judge is speaking.

ments to demonstrate the fact I want to cross-examine. When you say I anybody, I have never tried to hit disrupt, I have never tried to strike anybody. I have never. You know that. called you a racist and a fascist and a And in my arguments and motions I

and my arguments and my motions

will always carry that as long as my pig, and that's what I consider you as, constitutional rights are being denied. So it is a lie, and you know it.

the acts, statements and conduct of the

specifically each constitute a separate defendant Seale to which I shall refer

contempt of this Court; that each attack upon the administration of constituted a deliberate and willful justice in an attempt to sabotage the functioning of the Federal Judicial System; that this misconduct was of so justice. grave a character as to continually disrupt the orderly administration of

and to preserve order in the courtroom

accordingly, as the record shows clear- under these circumstances has been a

ly, repeated warnings and admonitions task of utmost difficulty. There were,

te, the

THE COURT: You are making it

MR. SEALE: You are making it THE COURT: I tried not to—I have

MR. SEALE: I have a right to stand

THE COURT: You know you do

MR. SEALE: I have a right to speak

THE COURT: I find, I repeat, that

To maintain the dignity of the Court

defendant

Seale to cease this

never struck anyone and you know it. group of perhaps twenty Black Pan-

section. Before the morning session thers had taken seats in the spectators' jury had not yet entered, Mr. Seale began, and while both the Judge and

addressed this group. He advised them to remain "cool," but in the event they were physically attacked by the selves. When the Judge entered the marshals they were to defend them- accused Seale of having talked about Court, Assistant US Attorney Schultz

an "attack." Seale vehemently objected to Schultz's misrepresentation and re- tion. See page 45.1 in fact said. The Judge ignored or peated before the Court what he had failed to understand Seale's clarifica- judge—

court in America and say that. the defendant Bobby Seale guilty of

[On the morning of October 29 a

THE COURT: Accordingly I ad-

Mr. SEALE: I will stand up in any THE COURT: Accordingly I adjudge

sion on October 14, 1969, while the Court, Assistant United States Attor-

Weinglass, were engaged in a colloquy, ney Schultz, and defense counsel, Mr.

Weinglass, and the following occurred:

counsel handle my case in behalf of behalf of my own self and have my for me. I would like to speak on the defendant Seale interrupted Mr.

counsel. I don't want these lawyers to behalf of myself? I am my own legal myself. How come I can't speak in of record, and he has been of record represent me. here for you since September 24.

that before that jury heard one shred of evidence. I don't want these lawyers because I can take up my own legal defense, and my lawyer is Charles Garry.

remain quiet.

ed?

quiet?

myself, do you mind, please?

speak after the Court courteously re-

I quested him to remain quiet." that the defendant Seale continued to session on October 16, 1969, out of

the presence of the jury, while the witness Oklepek was testifying, a colloquy began between the Court, a marshal, and Mr. Kunstler. After a marshal explained that three spectators who were asked to leave the Court had had been allowed to return, the defendant Seale stated to the Court: involved myself."

"MR. SEALE: Hey, you don't speak

"THE COURT: You have a lawyer

"MR. SEALE: I have been arguing

"THE COURT: I direct you, sir, co

tem No. 3. During the morning "MR. SEALE: And just be railroad-

"THE COURT: Will you remain umber 2. During the morning ses-

"MR. SEALE: I want to defend

"THE COURT: Let the record show

"I think there is a bit of racism

[That morning three black spectators

been

asked by a marshal to leave '40

A-

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°on many occasions to make it clear to justice.

grave a character as to continually

and to preserve order in the courtroom

accordingly, as the record shows clear-

disrupt the orderly administration of

task of utmost difficulty. There were, under these circumstances has been a ly, repeated warnings and admonitions conduct and there were warnings that it would be dealt with accordingly at System; that this misconduct was of so continued disruptive conduct made it

an appropriate time. However, his

to the defendant Seale to cease this insufficient because of the potential Court to physically and forcibly re-

strain him. Even these measures proved activities might have had in the future time within the experience of this necessary for the Court for the first

effect that the continuation of these

on the administration of justice.

that I deal with his conduct at this time. I have tried—I have endeavored

conduct themselves in the courts of the

ences to the transcript can give but a conduct to which I refer, I make the entire record part of these proceedings. contumacious but I was not successful The Court also notes that a reading of himself as we expect individuals to partial view of the acts, statements and the defendant that his conduct was in persuading him to so conduct

attacked anyone, and you know it. I even right down to a few moments ago disruption which in some instances Federal System.

were accompanied by a physical vio- the true intensity and extent of the lence.

this record cannot and does not reflect the presence of the Court.

To maintain the dignity of the Court

In this case I find that it is necessary

As isolated excerpts from or refer-

THE COURT: —which occurred in

MR. SEALE: That is a lie. I never MR. SEALE: That is a lie.

On Friday, September 26, 1969,

specific acts and statements of the which I shall refer. In citing these the several criminal contempts to

Court has selected only the most defendant Seale as contemptuous, the Court in the following manner:

right of legal defense counsel of my flagrant acts. the defendant Seale addressed the States Court. Judge as a blatant racist of the United during the motion session prior to the choice who is effective by the Judge of

error toward all defendants and myself. time opening statements were Made,

minute. did you say? this Court, then I can only see the tutional rights have been denied in the seems to be a form of prejudice against

racism and me a black man, there cetera, then the tenor is the act of tional rights are denied as my consti-

past in the course of the trial, et me even to the other defendants on the part of the Judge."

"If I am consistently denied this

"THE COURT: Just a minute. Just a

"THE COURT: Just a minute. What

"MR. SEALE: With gross prejudicial

"Read that, Miss Reporter. "MR. SEALE: I said if my constitu-

That is Item No. 1.

witness Oklepek was testifying, a colloquy began between the Court, a

session on October 20, 1969, out of

who were asked to leave the Court had marshal, and Mr. Kunstler. After a and the following occurred: marshal explained that three spectators a motion to be permitted to defend shal explained that one of them had Seale stated to the Court: seemed to be sleeping.] involved myself." been allowed to return, the defendant Seale presented and extensively argued

himself. the Court. Upon Mr. Kunstler's com- had been asked by the jury returned to the courtroom, the presence of the jury, the defendant examination of this witness? plaint they were readmitted. The mar- I

defend myself, and you know this jury

is prejudiced against me. Judge, that you denied my motion to

jury can't go home to their loved ones

and their homes, and you know they

down.

have been made prejudiced against me. showed one of them to the first of the received threatening letters signed "The

seen the letter until the Judge had Black Panther." These letters were shown it to her since her parents had could continue to keep an .open mind. then turned over to the Judge who

She said that she could not and was

dismissed. She added that she had not two jurors and asked whether she

opened it in her absence and delivered

tem No. 4. During the afternoon

"I think there is a bit of racism

"THE COURT: Is there any cross- [That morning three black spectators At the conclusion of the argument,

"MR. SEALE: I would like to say,

"THE COURT: I will ask you to sit

"MR. SEALE: You know that. The

[Early in the trial two jurors had

The New York Review

marshal to leave

•

should be allowed to speak so so speak to allowed be should

following occurred: occurred: following should be allowed to defend myself. I I myself. defend to allowed be should

prejudiced against me, I know. I I know. I me, against prejudiced

men of the jury, you are excused." excused." are you jury, the of men

trial. ] ] trial.

jury was sequestered for the rest of the the of rest the for sequestered was jury defend myself. myself. defend

by the letter. Nevertheless the entire entire the Nevertheless letter. the by juror said that she was not bothered bothered not was she that said juror

it immediately to the FBI. The second second The FBI. the to immediately it

The jury was then excused, and the the and excused, then was jury The

"THE COURT: Ladies and gentle- and Ladies COURT: "THE "MR. SEALE: They have been made made been have They SEALE: "MR.

/44,- /44,-

I I

can can

tuf

c4,

are going to put me in jail. That's one one That's jail. in me put to going are ing in behalf of myself. myself. of behalf in ing

thing. You are going to put me in in me put to going are You thing. contempt of court because I am speak- am I because court of contempt everything else. Now you are saying saying are you Now else. everything

you are going to put me in jail. You You jail. in me put to going are you the situation was. I was put in jail, and and jail, in put was I was. situation the

to defend myself. myself. defend to

ing in behalf of myself, to have a right right a have to myself, of behalf in ing have explained to you in the past what what past the in you to explained have

there, sir. sir. there,

R. Garry is not here in my service. I I service. my in here not is Garry R.

"THE COURT: Yes, sir. sir. Yes, COURT: "THE

"THE COURT: COURT: "THE "MR. SEALE: Because Because SEALE: "MR.

i i

4.0c4,

I I

didn't put you you put didn't

e4A, e4A,

I I

am speak- am

Zionism from myth to movement movement to myth from Zionism

THE JEWISH JEWISH THE

Bg Bg STATE STATE

THE IDEA OF OF IDEA THE

Middle Eastern Studies, 3. 3. Studies, Eastern Middle

ment as an exercise of sovereignty is "a more for- more "a is sovereignty of exercise an as ment

Six Day War of 1967. These recent developments developments recent These 1967. of War Day Six

volume has now been updated to include details of of details include to updated been now has volume

tial conclusions, but also indicate that the move- the that indicate also but conclusions, tial midable weapon than ever before." — — before." ever than weapon midable comprehensive and systematic study yet written written yet study systematic and comprehensive

on the Zionist movement" movement" Zionist the on the nineteenth century through 1957. Hailed as an an as Hailed 1957. through century nineteenth the

and ideological sovereignty from its beginnings in in beginnings its from sovereignty ideological and

work covered the Zionist movement for political political for movement Zionist the covered work

the events between the five-day war in 1956 and the the and 1956 in war five-day the between events the

not only testify to the validity of Mr. Halpern's ini- Halpern's Mr. of validity the to testify only not "outstanding product of scholarship . . . the most most the . . . scholarship of product "outstanding

The first edition of this significant and absorbing absorbing and significant this of edition first The

HARVARD UNIVERSITY PRESS PRESS UNIVERSITY HARVARD

e di e

;ALPERN ;ALPERN

Cambridge, Mass. 02138 02138 Mass. Cambridge,

(Current History), History), (Current

$15.00 at bookstores. bookstores. at $15.00

Harvard Harvard

the the 411 411

That is all. You have a lawyer to speak speak to lawyer a have You all. is That

saying to me? I mean, I want to be be to want I mean, I me? to saying

me. I want to represent myself. Charles Charles myself. represent to want I me.

December 4, 1969 1969 4, December

for you. you. for

contempt of court for speaking on on speaking for court of contempt

at your own risk, sir. sir. risk, own your at clear. clear.

are saying you're going to put me in in me put to going you're saying are

behalf of myself? myself? of behalf you. Mr. Marshal— Marshal— Mr. you.

Judge— Judge—

appropriately dealt with at the right right the at with dealt appropriately

you not to do it again. again. it do to not you

as you have just indulged in will be be will in indulged just have you as

admonish you that any outburst such such outburst any that you admonish

speak to defend myself. myself. defend to speak

time during this trial, and I must order order must I and trial, this during time

up. I got a right to speak. I need to to need I speak. to right a got I up.

"MR. SEALE: They don't speak for for speak don't They SEALE: "MR.

"THE COURT: Will you be quiet? quiet? be you Will COURT: "THE

"THE COURT: I will not argue with with argue not will I COURT: "THE "MR. SEALE: Is that what you are are you what that Is SEALE: "MR.

"MR. SEALE: In other words, you you words, other In SEALE: "MR.

"THE COURT: If you do, you do it it do you do, you If COURT: "THE

"MR. SEALE: In other words, words, other In SEALE: "MR.

"THE COURT: Mr. Seale, I must must I Seale, Mr. COURT: "THE "MR. SEALE: Don't tell me to shut shut to me tell Don't SEALE: "MR.

"THE MARSHAL: Be quiet. quiet. Be MARSHAL: "THE

Gn44144;t Gn44144;t

tlia tlia

71,(41 71,(41

144

7 ae 7

/ /

think since September 24 so far as I I as far so 24 September since think

) and the rest of them. Go ahead and and ahead Go them. of rest the and

that since the trial began, in fact, I I fact, in began, trial the since that

lie. How can that jury give me a fair fair a me give jury that can How lie.

been placed on the record, the fact fact the record, the on placed been

and I know I have a right. I just want want just I right. a have I know I and

quiet? quiet?

myself. I still want to defend myself, myself, defend to want still I myself.

continue. I'll watch and get railroaded. railroaded. get and watch I'll continue.

please, there is one thing that has not not has that thing one is there please,

myself. They can't speak on behalf of of behalf on speak can't They myself.

to get a fair trial in this country. The The country. this in trial fair a get to fascist. You know, the black man tries tries man black the know, You fascist.

United States Government, huh. Nixon Nixon huh. Government, States United

to let him know. That racist, that that racist, That know. him let to you go to that man and ask him to be be to him ask and man that to go you

threatening letters, and you know it's a a it's know you and letters, threatening You know it, those so-called jive jive so-called those it, know You

trial? trial? against me, all right, and you know it it know you and right, all me, against

because of those threatening letters. letters. threatening those of because

been stated. stated. been

pleases, there's one thing that has not not has that thing one there's pleases,

14.‘ 14.‘

"MR. SEALE: I will speak for for speak will I SEALE: "MR.

"MR. SCHULTZ: If the Court Court the If SCHULTZ: "MR.

"THE COURT: Mr. Marshal, will will Marshal, Mr. COURT: "THE

"MR. SEALE: The jury is prejudiced prejudiced is jury The SEALE: "MR.

"MR. SCHULTZ: If the Court Court the If SCHULTZ: "MR.

41e, 41e,

.11c4ni .11c4ni

lommumanominomomommumummomannamommanou lommumanominomomommumummomannamommanou

City: City:

Name Name copies. Cash or check with order, please. please. order, with check or Cash copies.

paid; $1.00 per per $1.00 paid;

New York, N. Y. 10019 10019 Y. N. York, New

The New York Review of Books Books of Review York New The

250 West 57th Street Street 57th West 250

Department W - 1. 1. - W Department

never before appeared in print. print. in appeared before never

appalling ineptitude of of ineptitude appalling

classics has now been published as a New York Review Book. Book. Review York New a as published been now has classics The full text text full The

It includes Mr. Wilson's reply to his correspondents, which has has which correspondents, his to reply Wilson's Mr. includes It

Middle Eastern Studies, 3. 3. Studies, Eastern Middle

ment as an exercise of sovereignty is is sovereignty of exercise an as ment

midable weapon than ever before. ever than weapon midable

treet

HARVARD UNIVERSITY PRESS PRESS UNIVERSITY HARVARD

Please send me_ copies of of copies me_ send Please

Edmund Wilson Wilson Edmund

• •

THE FRUITS FRUITS THE

THE MLA MLA THE

of Edmund Wilson Edmund of

Cambridge, Mass. 02138 02138 Mass. Cambridge,

copy or 80 cents per copy for ten or more more or ten for copy per cents 80 or copy

out also inaicate that the move- the that inaicate also out

the scholarly treatment of the American American the of treatment scholarly the

OF OF

by by

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The Fruits of the the of Fruits The

s rece s

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" "

— —

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Zip:

post-

_ _

41 41 16: 16: •;• power sign. Somebody correct the Court on that. It's not the black power sign. It's the power to the people sign. [The Black Panther Party does not support the idea of Black Power. Instead it calls for Power to the People, by whom it means all oppressed people, black as well as white. Schultz could hardly have been expect- 17 ed to grasp this doctrinal subtlety, nor A STARTLING NEW FILM ON FIDEL AND CUBA TODAY could Judge Hoffman. To Seale, on the 96 minutes/color/16mm other hand, it is of great importance.] "THE COURT: Mr. Marshal, will you stop the talking, please. "MR. SEALE: Yes, but that is still wrong, Judge Hoffman. It's not a black power sign. It's a power to the people sign, and he is deliberately distorting that and that's a racist technique. "MR. SCHULTZ: If the Court please, this man has repeatedly called me a racist— "MR. SEALE: Yes, you are. You are, Dick Schultz. "MR. SCHULTZ: And called Mr. Foran a racist— "THE COURT: Ladies and gentlemen of the jury, I will ask you to leave the Court. Mr. Marshal, remove the ladies and gentlemen of the jury: "(The following proceedings were had in open court, out of the presence and hearing of the jury:) FIDEL is the first- and only--personal film profile of Cuba's leader. Director Saul Landau, the "THE COURT: Mr. Seale and Mr. highly esteemed New Left author/filmmaker, and his crew spent weeks travelling with Fidel Kunstler, your lawyer, I must admon- throughout the Cuban countryside and living in intimate association with him. ish you that such outbursts are con- What has emerged is a major document of our times, an extraordinary in-depth report on Fidel and sidered by the Court to be contemp- the continuing revolution. Beautifully photographed in colOr, it shows Fidel among his people. tuous, contumacious, and will be dealt listening. arguing, philosophizing, laughing, cajoling, reminiscing. Funny, tragic, always surprising. with appropriately in the future. the film will amaze you with its breadth and candor. "MR. KUNSTLER: Your Honor, the FIDEL includes never-before-seen footage of the Bay of Pigs invasion and of Fidel and ('he in the defendant was trying to defend him- mountains during the revolution. There are frank interviews with political prisoners and a very self, and I have already indicated my— moving section on ('he. called "The Ballad of Che Guevara." "THE COURT: The defendant was FIDEL is a film of the high excellence you have come to expect from REVIEW PRESENTATIONS. not defending himself. For more information about FIDEL and about our repertoire of innovative cinema, write or call "MR. SEALE: I was, too, defending collect: myself. Any time anybody gives me the wrong symbol in this courtroom is REVIEW PRESENTATIONS • 250 West 57th Street • New York. N.Y. 10019 • (212)C05 -1690 deliberately— "THE COURT: He is not addressing me with authority— "MR. SEALE: —distorting, and put it on the record. • . • • • • • • • I • 4 4 * 42 The New York Review

know, and I think this is 100 percent "THE MARSHAL: I am asking you can't speak in behalf of myself? indicated to him he was not my accurate, whenever the defendants have to keep quiet. "THE COURT: Not at this time, sir. counsel at the very beginning when I wanted to meet with Mr. Seale and the "MR. SEALE: That man is lying on "MR. SEALE: Why not? first got here and arrived here and was lawyers, the marshals have made ar- me. "THE COURT: Because this is your in jail. rangements to bring them to a room "THE MARSHAL: All right. lawyer's motion. "THE COURT: That motion—since where all of them could get together, "MR. SEALE: I met with these "MR. SEALE: That ain't my lawyer. you will not listen to the Court, you where Mr. Seale and the defendants defendants and argued with these so- "THE COURT: This is not your may sit down. and the lawyers have all met and called cats about so-called defending motion. This is the motion of Mr. "Have him sit down, Mr. Marshal. consulted at every occasion that they me. .I want that for the record, too." William Kunstler for leave to withdraw "MR. SEALE: I still want my right have so requested. It has been done on as your lawyer. to defend myself. A railroad operation, a regular basis since the trial did begin. Item No. 5. During the morning "MR. SEALE: Well, this man has and you know it, from Nixon on I just thought that should be on the session on October 22, 1969, while misconstrued a whole lot of things down. They got you running around record. argument on a motion of Attorney concerning my right to defend myself here violating my constitutional "If there is any statement by de- William Kunstler for leave to withdraw and he knows he did. rights." fense counsel to the contrary, since as counsel for the defendant Seale, the "They can jack you up and get you I'm not at the meetings and I don't following occurred in open court. to sit up there and say rotten, crazy Item No. 6: know how many times they have asked stuff concerning my right to defend During the morning session on Octo- the marshals to meet, I think they "MR. SEALE: Can I speak on that myself. ber 22nd, 1969, in the presence of the should so state now. and answer his argument? "THE COURT: I would request the jury ... the following occurred: "MR. SEALE: I would like to put "THE COURT: No. This is not your marshal to ask the young man to sit . something on the record. You weren't motion, sir. Your motion has been down. "MR. SCHULTZ: Your Honor, be- in that room unless you got a tape decided. "MR. SEALE: Well, I want my right fore the next witness testifies, would it recorder in there— "MR. SEALE: In other words, I to defend myself and this man knew, I be possible if the Court would permit the Government—well, we haven't of- fered the picture, as a matter of fact. We have the picture of the boy with the black power symbol fist on his sweat shirt that was identified by Officer Tobin and Carcerano as the boy— "THE COURT: Is that Government's GIEReview Exhibit 14? "MR. SCHULTZ: That's the one Presentations proudly announces .... We are going to move to offer the First-Run Campus Premiere of that exhibit in evidence at this time ....

"THE COURT: Show it to counsel. "MR. SEALE: That's not a black power sign. Somebody correct the Court on that. It's not the black power sign. It's the power to the people sign. [The Black Panther Party does not support the idea of Black Power. Instead it calls for Power to the People, by whom it means all oppressed people, black as well as white. Schultz could hardly have been expect- A STARTLING NEW FILM ON FIDEL AND CUBA TODAY ed to grasp this doctrinal subtlety, nor F could Judge Hoffman. To Seale, on the other hand it is of great imnortanre 1

also. also.

instance, that outburst may appear of of appear may outburst that instance, that. Did you get that, ma'am? ma'am? that, get you Did that.

record and it does. does. it and record

convey th-: orders for them and they they and them for orders th-: convey

dered and brutalized and oppressed for for oppressed and brutalized and dered four hundred years because,of- because,of- years hundred four

be punished for it. I warned you right right you warned I it. for punished be

again, sir. sir. again,

Panthers in the spectators' section.] section.] spectators' the in Panthers

will follow them. them. follow will

have been shot and killed and mur- and killed and shot been have

part for the record, too, concerning concerning too, record, the for part

that sort of thing, you may expect to to expect may you thing, of sort that

open cour,• cour,• open

through this trial and I warn you you warn I and trial this through

ders from: racist judges, but I can can I but judges, racist from: ders supervise the decorum in the court- the in decorum the supervise

room an:1 : an:1 room

rights for four hundred years and we we and years hundred four for rights

defendant Seale that the Court would would Court the that Seale defendant

ing symbols directly related to the the to related directly symbols ing

22nd, 1969, the Court informed the the informed Court the 1969, 22nd,

party of which I am chairman." chairman." am I which of party

going to sit here and get that on the the on that get and here sit to going

record. I am going to at least let it be be it let least at to going am I record.

that this man is erroneously represent- erroneously is man this that

known—request that you understand understand you that known—request

and he is going to put that lying crap crap lying that put to going is he and on the record. No, siree-1 am not not am siree-1 No, record. the on

myself and ask him if he isn't lying, lying, isn't he if him ask and myself

keep quiet. quiet. keep

"MR. DELLINGER: I think you you think I DELLINGER: "MR.

"THE COURT: And that outburst outburst that And COURT: "THE

"MR. SEALE: Thank you. you. Thank SEALE: "MR.

"THE REPORTER: Yes, sir. sir. Yes, REPORTER: "THE

"THE COURT: There is another another is There COURT: "THE

"Did you get it, Miss Reporter? Reporter? Miss it, get you "Did

"THE COURT: If you continue with with continue you If COURT: "THE

[Seale is referring to a group of of group a to referring is [Seale

"MR. SEALE: We protested our our protested We SEALE: "MR.

"Bring in the jury. jury. the in "Bring

"MR. SEALE: I hope you got my my got you hope I SEALE: "MR. "MR. S _ALE: They do: 't take or- take 't do: They _ALE: S "MR.

tem No. 7: 7: No. tem

In the afternoon session on October October on session afternoon the In

"MR. SEALE: I want to defend defend to want I SEALE: "MR.

"THE COURT: Instruct that man to to man that Instruct COURT: "THE

he following oc,urred in in oc,urred following he

or four hundred years. years. hundred four or

corruptness of this rotten government, government, rotten this of corruptness

what you begin to represent, the the represent, to begin you what

the people of this country. That is is That country. this of people the

to oink in the faces of the masses of of masses the of faces the in oink to

them. You have been denying them. them. denying been have You them.

denied, denied, denied, and you begin begin you and denied, denied, denied,

have my lawyer? lawyer? my have

stitutional right to defend myself and and myself defend to right stitutional

rights— rights— Every other word you say is denied, denied, is say you word other Every

sit down, Mr. Marshal? Marshal? Mr. down, sit

jury was even picked and put together. together. put and picked even was jury

very,competent lawyer of record here. here. record of lawyer very,competent

and you know I fired him before that that before him fired I know you and

yotj are going to say and you have a a have you and say to going are yotj

Seale. Seale.

going to say, don't you? you? don't say, to going

you to sit down sir. sir. down sit to you

speaking out for the right to defend defend to right the for out speaking that right as a defendant, don't I? I? don't defendant, a as right that

myself again, don't you, because I have have I because you, don't again, myself

something. You know I am getting getting am I know You something.

down, sir. sir. down,

constitutional rights again, don't you? you? don't again, rights constitutional ready to speak out in behalf, of my my of behalf, in out speak to ready

you tell that man to sit down. down. sit to man that tell you

Seale. Seale.

anything. anything.

Mr. Seale is saying something there. there. something saying is Seale Mr.

before, I hope you don't blame me for for me blame don't you hope I before,

"THE MARSHAL: Mr. Seale,' will will Seale,' Mr. MARSHAL: "THE

"MR. SEALE: You are denying denying are You SEALE: "MR.

"THE COURT: Your constitutional constitutional Your COURT: "THE

"THE COURT: Will you ask him to to him ask you Will COURT: "THE

"MR. SEALE: He is not my lawyer lawyer my not is He SEALE: "MR.

"MR. SEALE: What about my con- my about What SEALE: "MR.

"THE COURT: I don't know what what know don't I COURT: "THE

"MR. SEALE: Well, I said it before. before. it said I Well, SEALE: "MR. "THE MARSHAL: Sit down, Mr. Mr. down, Sit MARSHAL: "THE

"THE COURT: No, I don't. don't. I No, COURT: "THE

"MR. SEALE: You know what I am am I what know You SEALE: "MR.

"THE COURT: I will have to ask ask to have will I COURT: "THE

"MR. SEALE: You also know I am am I know also You SEALE: "MR.

"THE MARSHAL: Sit down. down. Sit MARSHAL: "THE

"THE COURT: I will ask you to sit sit to you ask will I COURT: "THE

"THE COURT: Mr. Marshal, I think think I Marshal, Mr. COURT: "THE

"MR. SEALE: I know— know— I SEALE: "MR.

"MR. SEALE: I know I am saying saying am I know I SEALE: "MR.

"THE MARSHAL: Take a seat, Mr. Mr. seat, a Take MARSHAL: "THE

"THE COURT: Mr. Marshal, will will Marshal, Mr. COURT: "THE

The New York Review of Books Books of Review York New The

Classroo

APR

the publication of of publication the

NEW NEW

The Editors Editors The

Open Open

announce announce

The The

of of

A TACHING TACHING A

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record and it does. rights— ti "Did you get it, Miss Reporter? "MR. SEALE: You are denying A PRACTICAL,WAY OF TEACisu "THE REPORTER: Yes, sir. them. You have been denying them. "MR. SEALE: I hope you got my Every other word you say is denied, A New part for the record, too, concerning denied, denied, denied, and you begin that. Did you get that, ma'am? to oink in the faces of the masses of "THE REPORTER: Yes, sir. the people of this country. That is "MR. SEALE: Thank you. what you begin to represent, the "THE COURT: And that outburst corruptness of this rotten government, also. or four hundred years. "MR. DELLINGER: I think you "THE MARSHAL: Mr. Seale, will shduld understand we support Bobby you sit down. Seale in this—at least I do. [Mr. "MR. SEALE: Why don't you knock Dellinger is a defendant.] me in the mouth? Try that. "THE COURT: I haven't asked you "THE MARSHAL: Sit down. for any advice here, sir. . "THE COURT: Ladies and gentle- "MR. SEALE: If you let me defend men of the jury, I regret that I will From the Introduction: "This book is a handbook for teachers who myself, you could instruct me on the have to exuse you. want to work in an open environment. In an open classroom the proceedings that I can act, but I have "MR. SEALE: [To the jury] I hope teacher must be as much himself as the pupils are themselves. This to just— you don't blame me for anything and means that if the teacher is angry he ought to express his anger, and if "THE COURT: You will have to be those false lying notes and letters that he is annoyed at someone's behavior he ought to express that, too. In quiet. were sent that said the Black Panther an authoritarian classroom annoying behavior is legislated out of "MR. SEALE: All I have to do is Party threatened that jury, it's a lie and existence. In a 'permissive' classroom the teacher pretends it isn't clear the record. I want to defend you know it's a lie, and the government annoying .... In an open situation the teacher tries to express what he feels and to deal with each situation as a communal problem. myself in behalf of my constitutional did it to taint the jury against me. "This book is based upon the experience of teachers: their problems, rights. "(The following proceedings were failures, and frustrations, as well as their successes .... It tries to "THE COURT: Let the record show had in open court, out of the presence anticipate problems, to present possibilities and make suggestions. It that the defendant Seale has refused to and hearing of the jury:) presents some strategies for change, for dealing with the administration be quiet in the face of the admonition "MR. SEALE: You got that? This and other teachers, for creating different kinds of textbooks, lesson and direction of the Court. racist and fascist administrative govern- plans, etc. It can and I hope it will be used by different people in "MR. SEALE: Let the record show • ment with its superman notions and different ways . ..." that Bobby Seale speaks out in behalf comic book politics. We're hip to the The Open Classroom derives from Mr. Kohl's experiences while teaching in Harlem and Berkeley—experiences which he described in of his constitutional rights, his right to fact that Superman never saved no his best selling books, 36 Children and Teaching the "Unteachable". It defend himself, his right to speak in black people. You got that? behalf of himself in this courtroom. discusses in practical terms many of the problems facing imaginative "MR. KUNSTLER: I might say, teachers who wish to find workable alternatives to the authoritarian "THE COURT: Again let the record your Honor, you know that I have use of power in their schools. It has chapters on "Beginning the School show that he has disobeyed the order tried to withdraw from this and you Year," "Planning and Lesson Plans," "Discipline," "Troubles with of the Court. Principals, etc," and many more. Publication date is January, 1970, know that Mr. Seale— "Bring in the jury, Mr. Marshal. but if you send in your order now you can receive an early copy. "MR. SEALE: Please do." "THE COURT: I don't know what you tried to do. I know your appear- - New York Review of Books, Dept. K-2 ance is of record, and I know I have 250 West 57th Street, New York, N.Y. 10019 Please ship immediately_copy(s) of Item No. 8: your assurance orally of record that The Open Classroom postpaid. you represent this man. O Clothbound $4.95 per copy $ At the opening of the morning O Paperback $1.65 per copy $ session on October 27, 1969, the "MR. KUNSTLER: You have a Please enclose payment with order. following occurred in open court: withdrawal of that assurance, your Name Honor. You knew that on September Address "THE COURT: Ladies and gentle- 30th, you knew that Mr. Seale had City State Zip I would also like to order men of the jury, good morning. discharged me. Teaching the "Unteachable" @ $1.00 per copy postpaid. _copy(s) @ $1.00 $ "MR. SEALE: Good morning, ladies "THE COURT: You represent him and gentlemen of the jury. As I said and the record shows it. December 4, 1969 43 "MR. KUNSTLER: YOur Honor, tional rights. I am not going to be "MR. SEALE: You are violating New From you can't go on those semantics. This quiet. I am talking in behalf of my Title 42, United States Criminal Code. man wants to defend himself. constitutional rights, man, in behalf of Yoii are violating it because it states DRUM and SPEAR PRESS... "THE COURT: This isn't semantics. myself, that's my constitutional right that a black man cannot be discrim- I am not fooled by all of this business. to talk in behalf of my constitutional inated against in his legal defense. "MR. SEALE: I still demand the rights. "THE COURT: Will you sit down, right to defend myself. You are not "THE COURT: Bring -in the jury, Mr. Seale? A HISTORY fooled? After you have walked over Mr. Marshal. "MR. SEALE: It is an old recon- people's constitutional rights? "MR. SEALE: I still object to that struction law and you won't recognize OF "THE MARSHAL: Sit down, Mr. man testifying against me without my it. So I would like to cross-examine Seale. lawyer being here, without me having a the witness. PAN-AFRICAN "MR. SEALE: After you done right to defend myself. "THE COURT: Will you sit down, walked over people's constitutional "Black people ain't supposed to have sir? rights, the Sixth Amendment, the Fifth a mind? That's what you think. We got "MR. SEALE: I still want to cross- REVOLT Amendment, and the phoniness and a body and a mind. I wonder, did you examine the witness. - the corruptness of this very trial, for lose yours in the Superman syndrome "THE COURT: You may not. by people to have a right to speak out, comic book stories? You must have, to "A MARSHAL: May I remove the C. L. R. JAMES freedom of speech, freedom of assem- deny us our constitutional rights. jury, please? "THE COURT: Ladies and gentle- This book is an important bly, and et cetera. You have did "THE COURT: Are you getting all assessment of Black Rebellion everything you could with those jive of this, Miss Reporter? men of the jury, you may be exused." lying witnesses up there presented by "MR. SEALE: I hope she gets it all. against American oppression After the jury was excused, the and for Liberation in Africa these pig agents of the Government to "(The following proceedings were defendant Seale continued to refuse to and the West Indies. lie and say and condone some rotten had in open court, out of the presence racists, fascist crap 'by racist cops and and hearing of the jury:) obey the order of the Court to remain Unavailable for many years, pigs that beat people's heads—and I "MR. SEALE: Taint the jury against silent. Thereupon the following oc- Drum and Spear Press is pub- demand my constitutional rights— me, send them threatening letters- that curred in open court: lishing this classic work in an expanded and revised paper- demand —demand — I never sent, and you know it's a lie, "THE COURT: Let the record show bound edition. "Call in the jury. you keep them away from their homes that the defendant— "THE COURT: Will the Marshal and they blame me every time they "MR. SEALE: Let the record show A HISTORY OF PAN-AFRICAN. bring in the jury, please." come in this room because they are REVOLT should be a standard you violated that and a black man being kept away from their homes, and cannot be discriminated against in selection in Black Studies. I tem No. 9: you did it. During the direct examination of the relation to his legal defense and that is 160 pp with Index $2.50 Paper "THE COURT: Are you going to exactly what you have done. You witness William Frapolly on October stop, sir? Available wherever Paperbacks know you have. Let the record show 27, 1969, the following occurred: "MR. SEALE: I am going to talk in are sold that. "MR. SEALE: I object to that behalf of my constitutional rights. "THE COURT: The record shows Drum and Spear Press -because my lawyer is not here. I have "THE COURT: You may continue, exactly to the contrary. been denied my right to defend myself sir, with the direct examination of this "MR. SEALE: The record shows 2001 Eleventh Street, N.W. in this courtroom. I object to this witness. that you are violating, that you vio- Suite 206 man's testimony against me because I "And I note that your counsel has lated my constitutional rights. I want Washington, D. C. 20001 have not been allowed my constitu- remained quiet during your disserta- to cross-examine the witness. I want to tional rights. tion. cross-examine the witness. "THE COURT: I repeat to you, sir, "MR. SEALE: You know what? I "THE COURT: Bring in the jury, BUCK STUDIES • AFRICA • BLACK ARTS you have a lawyer. Your lawyer is Mr. have no counsel here. I fired that Mr. Marshal, and we will let them go Kunstler, who represented to the Court lawyer before that jury heard anything for this evening. that he represents you. and you know it. That jury hasn't I admonish you, sir, that you have a "MR. SEALE: He does not represent heard all of the motions you denied lot of contemptuous conduct against Thoughtful Gifts me. behind the scenes. How you tricked you. "THE COURT: And he has filed an that juror out of that stand there by "MR. SEALE: I admonish you. You from appearance. threatening her with that jive letter are in contempt of people's constitu- "Ladies and gentlemen, I will excuse that you know darned well I didn't tional rights. You are in contempt of T Tyklircriorel■hir of Genii which is a lip A nii thou hlom. 11/a 11 J LGa1.11111il1y agaiiibt 111C UCCi11.15G mica my constitutional rights. I want Washington, D. C. 20001 have not been allowed my constitu- remained quiet during your disserta- to cross-examine the witness. I want to tional rights. tion. cross-examine the witness. "THE COURT: I repeat to you, sir, "MR. SEALE: You know what? I "THE COURT: Bring in the jury, BLACK STUDIES • AFRICA • BLACK ARTS you have a lawyer. Your lawyer is Mr. have no counsel here. I fired that Mr. Marshal, and we will let them go Kunstler, who represented to the Court lawyer before that jury heard anything for this evening. that he represents you. and you know it. That jury hasn't I admonish you, sir, that you have a "MR. SEALE: He does not represent heard all of the motions you denied lot of contemptuous conduct against Thoughtful Gifts me. behind the scenes. How you tricked you. "THE COURT: And he has filed an that juror out of that stand there by "MR. SEALE: I admonish you. You from appearance. threatening her with that jive letter are in contempt of people's constitu- "Ladies and gentlemen, I will excuse that you know darned well I didn't tional rights. You are in contempt of University of you. send, which is a lie. And they blame the constitutional rights of the mass of "(The following proceedings were me every time they are being kept the people of the United States. You had in open court, within the presence from their loved ones and their homes. are the one in contempt of people's Notr ame Press and hearing of the jury:) They blame me every time they come constitutional rights. I am not in "MR. KUNSTLER: May I say I have in the room. And I never sent those contempt of nothing. You are the one withdrawn or attempted to withdraw. letters, you know it. who is in contempt. The people of "MR. SEALE: The defense filed a "THE COURT: Please continue with America need to admonish you and motion before the jury ever heard any the direct examination." the whole Nixon administration. THE WIT,OF =LOVE evidence, and I object to that testi- Let me cross-examine the witness. DTA' e, bareiV, Crailiaw, Marvell You won't even let me read—you mony. On October 28, 1969—this is Item Louis L. Nlatiz wouldn't even let me read my state- A beautifully illitstrated study of four "THE COURT: For your informa- No. 10—on October 28, 1969, duripg ment this morning, my motion this inalde17th centut poets,,their works, tion, sir, I do not hear parties to a case the afternoon session, while the viit- a and their relation: to the cultural cur- morning, concerning the fact that I nots ofthn tinte4,14. who are not represented by lawyers. ness William Frapolly was testifying on wanted a copy of the transcript for my strations ti in $10.110 You are represented by a lawyer. cross-examination, the following oc- own legal defense. "MR. SEALE: I am not represented curred in open court: by a lawyei. I am not represented by "THE COURT: Bring in the jury. Charles Garry for your information. "THE COURT: Mr. Weinglass, do "Is he getting the jury? IDEALISM! AND NATURALISM "THE . MARSHAL: Sit down, Mr. you want to cross-examine this wit- "THE CLERK: Yes, your Honor. IN GOTHIC ART Seale. ness? "THE COURT: Tell him to just Max „Dvorak "THE COURT: Now you just keep "MR. SEALE: I would like to bring them before the box. R cin 'I( titivi ter, Translator In his.: Most famOus finmulation of on this way and— request to cross-examine the witness. "MR. SEALE: I want to cross- his pliflottOphic position, the author "MR. SEALE: Keep on what? Keep "THE COURT: You have a lawyer examine the witness. achieveitii synthesis of art and intel- lect, and that Gothic art on what? here. "MR. HAYDEN: Let the record must be evaluated In terms of its "THE COURT: Just sit down. "MR. SEALE: That man is not my show the judge was laughing. [Mr. spiritual climate. "MR. SEALE: Keep on what? Keep lawyer. The man made statements Hayden is a defendant.] 29 illustrillIons (0 la color) $22.50 on getting denied my constitutional against me. Furthermore, he violated "MR. SEALE: Yes, he is laughing. rights? Title 1892 of the United States. Well, "THE COURT: Who made that "THE COURT: Will you be quiet? you are still violating it. [Title 42 US remark? The background drawing of a masquer, "MR. SEALE: I object to that Code Section 1981 refers to a Recon- "MR. FORAN: The defendant Hay- by Inigo Jones, appears in THE WIT den, your Honor, made the remark. ...OF LOVE, by Louis L. Marts. man's—can't I object to that man there struction statute granting black men sitting up there testifying against me equal protection under the law. Seale's "MR. SEALE: And me. and my constitutional rights denied to reference to 1892 is an error.] "THE COURT: Let the record show my lawyer being here? "THE MARSHAL: Sit down, Mr. that— "Now I still object. I object because Seale. "MR. SEALE: I still want to cross- At your bookstore or from you know it is wrong. You denied me "MR. SEALE: You violated the examine the witness to defend my- UNIVERSITY OF my right to defend myself. You think Code. You violated the United States self." NOTRE DAME PRESS black people don't have a mind. Well, laws against my rights. Notre Dame, Indiana 46886 we got big minds, good minds, and we "THE COURT: Mr. Marshal, will The jury was then returned to the London, England Canadian Rep Ives know how to come forth with consti- you ask Mr. Seale to sit down in his courtroom to be excused for the day, Fitzhenry C Whiteside tutional rights, the so-called constitu- chair? during whiclj time, the defendant Seale The New yor a vov't

• •

1N 1N

F F

tti tti

and the new David Levine Calendar Calendar Levine David new the and

subscription until Christmas. And every friend you subscribe for will will for subscribe you friend every And Christmas. until subscription

going farther than the mailbox. The cost is only $7.50 for each gift gift each for $7.50 only is cost The mailbox. the than farther going

Take care of the special names on your Christmas list without without list Christmas your on names special the of care Take

Doesn't Phase Me Me Phase Doesn't

The New York Review of Books Books of Review York New The

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I've given all my friends friends my all given I've

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Christmas Christmas

for only $7.50. $7.50. only for

a a

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12 12

usual order. order. usual

and they may go to lunch with the the with lunch to go may they and

courtroom courtroom

I have a right to defend myself in this this in myself defend to right a have I

witness. My lawyer is not here. I think think I here. not is lawyer My witness.

that I be able to cross-examine the the cross-examine to able be I that

would like to request again—demand, again—demand, request to like would

Item No. 12, on October 29, 1969, 1969, 29, October on 12, No. Item cross-examination of the witness Fra- witness the of cross-examination

examination?.. examination?..

occurred in open court: court: open in occurred

clearly indicated on the record." record." the on indicated clearly

see you as a bigot, a racist, and a a and racist, a bigot, a as you see

during the morning session when the the when session morning the during

constitutional rights, then I can only only can I then rights, constitutional polly was completed, the following following the completed, was polly

fascist, and I have said before and and before said have I and fascist,

constitutional right to speak, and if if and speak, to right constitutional you try to suppress my constitutional constitutional my suppress to try you right to speak out in behalf of my my of behalf in out speak to right

have a right to make those requests. I I requests. those make to right a have

my constitutional rights. I have a a have I rights. constitutional my

stand up and speak out in behalf of of behalf in out speak and up stand

have a right to make those demands on on demands those make to right a have

defend myself and you deny me that, I I that, me deny you and myself defend

stand and testifies against me and I I and me against testifies and stand

my right to have my lawyer and to to and lawyer my have to right my

cused them. After the jury left, the the left, jury the After them. cused

comment to the Court: Court: the to comment

courtroom, and the Court then ex- then Court the and courtroom,

defendant Seale made the following following the made Seale defendant

appropriately at some time in the the in time some at appropriately

shrieking and pounding on the table table the on pounding and shrieking

and shouting. That will be dealt with with dealt be will That shouting. and

to speak after the jury entered the the entered jury the after speak to

future." future."

the tone of Mr. Seale's voice was one one was voice Seale's Mr. of tone the

any people they have a right to defend defend to right a have they people any

themselves, you lying pig. pig. lying you themselves,

"MR. SEALE: You have George George have You SEALE: "MR.

"THE COURT: Take the jury out, out, jury the Take COURT: "THE

"MR. SEALE: Before the redirect, I I redirect, the Before SEALE: "MR.

"THE COURT: Is there any redirect redirect any there Is COURT: "THE

"MR. SEALE: If a witness is on the the on is witness a If SEALE: "MR.

The defendant Seale then continued continued then Seale defendant The

"THE COURT: Let the record show show record the Let COURT: "THE

"MR. SEALE: And if they attack attack they if And SEALE: "MR.

address you if you will stand up. up. stand will you if you address

want my right to defend myself in this this in myself defend to right my want

trial. I want my rights recognizecb recognizecb rights my want I trial.

want my rights to defend myself. I I myself. defend to rights my want

marshals and Mr. Seale.] Seale.] Mr. and marshals

and placed his body between the the between body his placed and

pacifist, held his elbows to his ribs, ribs, his to elbows his held pacifist,

raised his hands to protect his face, face, his protect to hands his raised

ant Dellinger physically attempted to to attempted physically Dellinger ant

them out of the way. [Mr. Dellinger, a a Dellinger, [Mr. way. the of out them interfere with the marshals by pushing_ pushing_ by marshals the with interfere

show, if the Court please, that while while that please, Court the if show,

pushing him in the chair, the defend- the chair, the in him pushing

against me and I want my right to - - to right my want I and me against

since it has been said here that all of of all that here said been has it since

can't control your client— client— your control can't the marshals were seating Bobby Seale, Seale, Bobby seating were marshals the

position that I might conclude that that conclude might I that position

constitutional rights as a defendant in in defendant a as rights constitutional they are bad risks for bail, and I say say I and bail, for risks bad are they this case to defend myself. I demand demand I myself. defend to case this

this witness. He has made statements statements made has He witness. this

that to you, Mr. Kunstler, that if you you if that Kunstler, Mr. you, to that

the right to be able to cross-examine cross-examine to able be to right the the defendants support you in your your in you support defendants the

What can happen to me more than than more me to happen can What

that? that?

ington did to black people in slavery? slavery? in people black to did ington

Benjamin Franklin and George Wash- George and Franklin Benjamin

can happen to me more that what what that more me to happen can

pen to you— you— to pen

what I indicated yesterday might hap- might yesterday indicated I what

rights to defend themselves. themselves. defend to rights

tional rights, you are being exposed to to exposed being are you rights, tional

you keep up denying me my constitu- my me denying up keep you

not care about people's constitutional constitutional people's about care not

choice of Charles R. Garry to represent represent to Garry R. Charles of choice me. me.

the public and the world that you do do you that world the and public the recess now, young man. If you keep keep you If man. young now, recess

this up— up— this

64141

"THE COURT: Mr. Kunstler, I will will I Kunstler, Mr. COURT: "THE

"MR. SEALE: I want my rights. rights. my want I SEALE: "MR.

"MR. SCHULTZ: May the record record the May SCHULTZ: "MR.

"MR. SEALE: I still demand my my demand still I SEALE: "MR.

"THE COURT: And I might add add might I And COURT: "THE

"MR. SEALE: Happen to me? What What me? to Happen SEALE: "MR.

"THE COURT: I will tell you that that you tell will I COURT: "THE

"MR. SEALE: Look, old man, if if man, old Look, SEALE: "MR.

"THE COURT: We are going to to going are We COURT: "THE

1 1

tz I /1 I tz

■

Iner, •'•11 •'•11 Iner,

• • ON ON

46 46

.."11141 .."11141

El El

Al.., renew renew Al..,

STATE STATE

CITY CITY

NAME NAME

DONOR'S DONOR'S ADDRESS ADDRESS David Levine Calendar. Calendar. Levine David

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new new

1970 David David 1970

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7.11' 7.11'

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sent me. That is not true. I make the the make I true. not is That me. sent

choice of who you think should repre- should think you who of choice

You have forced -you have made your your made have -you forced have You

and I know this is just an entire device device entire an just is this know I and

here— here—

know— know—

He is not my lawyer, and you know know you and lawyer, my not is He

that. that.

attorney. attorney.

appearance on record here as your your as here record on appearance

you recognize my constitutional rights? rights? constitutional my recognize you

admonished you previously— previously— you admonished cross-examine the witness. witness. the cross-examine

and I have a right to cross-examine the the cross-examine to right a have I and cross-examine the witness. Why don't don't Why witness. the cross-examine

witness. witness.

examination, we have cross-examina- have we examination,

tion by the other defendants' lawyers, lawyers, defendants' other the by tion

cross-examine this witness. witness. this cross-examine

to you if you keep on talking— talking— on keep you if you to

acting in the same manner, denying me me denying manner, same the in acting

my constitutional rights being able to to able being rights constitutional my

were. They owngd slaves. You are are You slaves. owngd They were.

Washington mad Benjamin Franklin sit- Franklin Benjamin mad Washington were slave owners. That's what they they what That's owners. slave were

ting in a picture behind you, and they they and you, behind picture a in ting

usual order. order. usual

and they may go to lunch with the the with lunch to go may they and

courtroom courtroom

I have have I

that I be able to cross-examine the the cross-examine to able be I that

witness. My lawyer is not here. I think think I here. not is lawyer My witness.

would like to request again—demand, again—demand, request to like would

hearing of the jury:) jury:) the of hearing

in open court, out of the presence and and presence the of out court, open in

"MR. SEALE: He is not my lawyer. lawyer. my not is He SEALE: "MR.

"THE COURT: I know that he is, is, he that know I COURT: "THE

"MR. SEALE: You know that. that. know You SEALE: "MR.

"THE COURT: He is. I don't don't I is. He COURT: "THE

"MR. SEALE: He is not. He is not. not. is He not. is He SEALE: "MR.

"THE COURT: Mr. Kunstler has his his has Kunstler Mr. COURT: "THE

"MR. SEALE: SEALE: "MR.

"THE COURT: Mr. Seale, I have have I Seale, Mr. COURT: "THE

"MR. SEALE: I still have the right to to right the have still I SEALE: "MR.

"MR. SEALE: You have had direct direct had have You SEALE: "MR.

"THE COURT. —what might happen happen might —what COURT. "THE

"MR. SEALE: You have George George have You SEALE: "MR.

"THE COURT: Take the jury out, out, jury the Take COURT: "THE

(The following proceedings were had had were proceedings following (The

MK. Jr,ALt: Jr,ALt: MK.

a right to defend myself in this this in myself defend to right a

tsetore tne redirect, redirect, tne tsetore

I I

have a right to to right a have

you will. will. you

it fully. I have been discharged— discharged— been have I fully. it

plained-- plained--

before the trial began. began. trial the before

have gone over that. that. over gone have

right here. here. right

were his lawyer. lawyer. his were

himself. himself.

ger.) ger.)

right to have a lawyer or to defend defend to or lawyer a have to right

ants. Earlier he had referred to Mr. Mr. to referred had he Earlier ants.

Dellinger as Dillinger and as Derrin- as and Dillinger as Dellinger

membering the names of the defend- defend- the of names the membering

ances of this man, the statements of of statements the man, this of ances

this man. man. this you want. want. you

here that they support the perform- the support they that here

He doesn't represent me. He doesn't doesn't He me. represent doesn't He

Dellinger—if that is his name—has said said name—has his is that Dellinger—if

me. You can address him all you want. want. you all him address can You me. represent me. You can address him all all him address can You me. represent

you made a threat about my— my— about threat a made you

address you, your Honor, because you you because Honor, your you, address

had made some remarks— remarks— some made had

me. me. address you if you will stand up. up. stand will you if you address

trial. I want my rights recognized recognized rights my want I trial.

want my right to defend myself in this this in myself defend to right my want

want my rights to defend myself. myself. defend to rights my want

and placed his body between the the between body his placed and

marshals and Mr. Seale.) Seale.) Mr. and marshals

pacitist, pacitist,

raised his hands to protect his face, face, his protect to hands his raised

"THE COURT: No, you haven't haven't you No, COURT: "THE

"MR. KUNSTLER: I have explained explained have I KUNSTLER: "MR.

"THE COURT: You haven't ex- haven't You COURT: "THE

"MR. SEALE: I told you I fired him him fired I you told I SEALE: "MR.

"MR. KUNSTLER: Your Honor, we we Honor, Your KUNSTLER: "MR.

"THE COURT: I have the transcript transcript the have I COURT: "THE

"MR. SEALE: He is not my lawyer. lawyer. my not is He SEALE: "MR.

"MR. KUNSTLER: Your Honor— Your KUNSTLER: "MR.

"THE COURT: You told me you you me told You COURT: "THE

"MR. KUNSTLER: They support his his support They KUNSTLER: "MR.

[Judge Hoffman has difficulty re- difficulty has Hoffman [Judge

"THE COURT: I tell you that Mr. Mr. that you tell I COURT: "THE

"MR. SEALE: He doesn't represent represent doesn't He SEALE: "MR.

"MR. KUNSTLER: Your Honor, Honor, Your KUNSTLER: "MR.

"They are the ones that's pushing pushing that's ones the are "They

"MR. KUNSTLER: I was going to to going was I KUNSTLER: "MR.

"THE COURT: Mr. Kunstler, 1 will will 1 Kunstler, Mr. COURT: "THE

"MR. SEALE: I want my rights. I I rights. my want I SEALE: "MR.

held his elbows to his ribs, ribs, his to elbows his held

The New York Revi:ew York New The

and and

. . I I continued to speak. Thereafter, the

his counsel—

very well for yourself. following occurred in open court:

counsel. you violated my constitutional rights,

Judge Hoffman. That's because you nothing to do with it. I'm my own violated them overtly, deliberately, in a very racist manne;. Somebody ought

don't want to investigate it to see

whether the people get their constitu- to point out the law to you. You

68,000 of them died. That law was was made during the Reconstruction

made for me to have my constitutional tional rights. 68,000 black men died in period. They fought in that war and the Civil War for that right. That right

rights.

"I must admonish the defendant and

"MR. SEALE: Counsel ain't got

"THE COURT: You may sit down.

"THE COURT: You are not doing

"MR. SEALE: Yes, that's because

i.vc,

fata

Item 11, on October 29, 1969,

during the morning session; the follow-

ing occurred in open court:

courtroom,. if the Court please, Bobby

please, before you came into this

group. [Mr. Schultz js referring to the Court that morning.] group of Panthers who had come to

said if he is— Seale stood up and addressed this

my constitutional rights.

rights. That's right. to speak in behalf of my constitutional attacked, they know what to do. people in his audience, if the Court please—and I want this on the record.

It happened this morning—that if he's

"MR. SEALE: I am not rising."

"MR. SCHULTZ: If the Court

"MR. SEALE: That's right, brother.

ir,v..-~4 "MR. SEALE: I spoke on behalf of

"MR. SCHULTZ: And Bobby Seale

"MR. SCHULTZ: And he told those

"MR. SEALE: I can speak on behalf

"ae

have a right

The s•oke of her and her work in w. • • . • . • I.

Black is brilliant

With an Introduction by James Baldwin

Adapted by Robert Nemiroff

Lorraine Hansberry In Her Own Words

TO BE YOUNG, GIFTED AND BLACK

The complete book on which the hit play was based!

Controlling Small Wars

by Lincoln P.

Bloomfield and Amelia

C. Leiss

FOR

A STRATEGY

ALFRED • A • KNOPF

"vt

THE 1970's

good in every respect ... A

documented analysis. It fills a

today." very great need in our literature to avoid, control, and settle them. evolution of local conflicts in James M. Gavin says:

the policies that can be pursued

An investigation into the

thorough research job . . . a well the developing world and of

"Bloomfield and Leiss have Thomas C. Schelling says:

a method and some conclusions studied in detail more recent

by the detailed case studies in

that are persuasively represented conflicts than most of us can even this book." $8.95

recall, and have developed both

"Very

■

December December

constitutional rights. Why should I rise rise I should Why rights. constitutional

for him? He is not recognizing— recognizing— not is He him? for

o'clock. o'clock.

please rise. rise. please

cause it is denying me the constitu- the me denying is it cause

recess until tomorrow morning at ten ten at morning tomorrow until recess

not rising until he recognizes my my recognizes he until rising not

myself and my legal defense. defense. legal my and myself

tional rights to speak out in behalf of of behalf in out speak to rights tional

right to stop me from speaking out in in out speaking from me stop to right

right whatsoever. The Court has no no has Court The whatsoever. right behalf of my constitutional rights be- rights constitutional my of behalf

right and I— I— and right

ed already. already. ed

railroaded already. I am being railroad- being am I already. railroaded

chained to your chair. chair. your to chained

you. I don't- want to do that. Under Under that. do to want don't- I you.

sir, that the law— law— the that sir,

the law you may be gagged and and gagged be may you law the

that the Court has the right to gag gag to right the has Court the that

right to defend myself, huh? huh? myself, defend to right

why don't you warn me I have got a a got have I me warn you don't why

going to give me my constitutional constitutional my me give to going

rights? Let me defend myself. • • myself. defend me Let rights?

listen to me for a moment? moment? a for me to listen

tinue to listen to you unless you are are you unless you to listen to tinue

"THE COURT: Mr. Marshal— Marshal— Mr. COURT: "THE

"THE MARSHAL: Everyone will will Everyone MARSHAL: "THE

"MR. SEALE: I am not rising. I am am I rising. not am I SEALE: "MR.

"THE COURT: The Court will be in in be will Court The COURT: "THE

"MR. SEALE: The Court has no no has Court The SEALE: "MR.

"THE COURT: The Court has that that has Court The COURT: "THE

"MR. SEALE: Gagged? I am being being am I Gagged? SEALE: "MR.

"THE COURT: I am warning you you warning am I COURT: "THE

• •

"THE COURT: I am‘warning you, you, am‘warning I COURT: "THE

"MR. SEALE: Instead of warning, warning, of Instead SEALE: "MR.

"MR. SEALE: Why should I con- I should Why SEALE: "MR.

"THE COURT: Do you want to to want you Do COURT: "THE

4, 4,

,1 ,1

1969 1969

, ,

Jefrdi.4 A•40,u4s, A•40,u4s, Jefrdi.4

c•tie /t).4f AgoAt AgoAt /t).4f c•tie

said. said.

those damned marshals, that's what I I what that's marshals, damned those

physical attack by the people in this— this— in people the by attack physical

related it. it. related

please, that is what he said, just as he he as just said, he what is that please,

was loud laughter among the specta- the among laughter loud was

occurs again. again. occurs

event that laughter occurs again. Clear Clear again. occurs laughter that event the courtroom of spectators if that that if spectators of courtroom the

marshals to clear the courtroom in the the in courtroom the clear to marshals

you attack me I will defend myself. myself. defend will I me attack you

have a right to defend ourselves, and if if and ourselves, defend to right a have

and administration all understand that that understand all administration and

Schultz, working for Richard Nixon Nixon Richard for working Schultz,

tricky Dick Schultz is a liar, and we we and liar, a is Schultz Dick tricky

hope the record shows that tricky Dick Dick tricky that shows record the hope

tors. tors.

liar. I told them to defend themselves. themselves. defend to them told I liar.

hope that the record carries that, and I I and that, carries record the that hope

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

of my constitutional rights, too. too. rights, constitutional my of

liar. You're a rotten liar. You are a a are You liar. rotten a You're liar.

themselves if they are attacked, and I I and attacked, are they if themselves

fascist pig liar. liar. pig fascist that's what you are. Yo'u're a rotten rotten a Yo'u're are. you what that's

these people about an attack by them. them. by attack an about people these

"THE COURT: Let— Let— COURT: "THE

"MR. SEALE: SEALE: "MR.

"MR. SCHULTZ: In terms of a a of terms In SCHULTZ: "MR.

"MR. SEALE: You're darned right. right. darned You're SEALE: "MR.

"MR. SCHULTZ: If the Court Court the If SCHULTZ: "MR.

Mr. Marshal, —I will direct the the direct will —I Marshal, Mr.

Let the record show now that there there that now show record the Let

"SPECTATORS: Right on." on." Right "SPECTATORS:

"MR. SCHULTZ: He was talking to to talking was He SCHULTZ: "MR.

"MR. SEALE: You're lying. Dirty Dirty lying. You're SEALE: "MR.

"I said they had a right to defend defend to right a had they said "I

A physical attack by by attack physical A

(that) illuminates whole segments of life," (Brooks Atkinson). Atkinson). (Brooks life," of segments whole illuminates (that)

"AN EXTRAORDINARY ACHIEVEMENT! ACHIEVEMENT! EXTRAORDINARY "AN

Now we can share in Lorraine Hansberry's profoundly profoundly Hansberry's Lorraine in share can we Now

"A major U.S. writer," (Emory Lewis); "a form of poetry... poetry... of form "a Lewis); (Emory writer," U.S. major "A

$8.95 $8.95

Gifted and Black Black and Gifted The 1970 National Tour of of Tour National 1970 The

moving statement of the black experience in America. America. in experience black the of statement moving

Illustrated with photographs photographs with Illustrated

They spoke of her and her work in words of adulation: adulation: of words in work her and her of spoke They

by by

With an Introduction by James Baldwin Baldwin James by Introduction an With

Adapted by Robert Nemiroff Nemiroff Robert by Adapted

Lorraine Hansberry in Her Own Words Words Own Her in Hansberry Lorraine

TO BE YOUNG, GIFTED AND BLACK BLACK AND GIFTED YOUNG, BE TO

The complete book on which the hit play was based! based! was play hit the which on book complete The

New York Review Presentations. Presentations. Review York New

Englewood Cliffs, N.J. 07632 07632 N.J. Cliffs, Englewood

Prentice-Hall Prentice-Hall

At your bookseller or by mail: mail: by or bookseller your At

at at

now being booked booked being now

-NAT HENTOFF, N.Y. N.Y. HENTOFF, -NAT

C C

To Be Young, Young, Be To

UNCUMBER AND PANTALOON PANTALOON AND UNCUMBER

by Gillian Edwards Edwards Gillian by

histories of words for all those who are are who those all for words of histories

of information. information. of

language and enjoy collecting odd bits bits odd collecting enjoy and language

fascinated by the development of our our of development the by fascinated Some Words With Stories Stories With Words Some

Some intriguing discoveries about the the about discoveries intriguing Some

Illustrated by John Ward Ward John by Illustrated

111 111

Times Times

bead was once a a once was bead

word for prayer? prayer? for word

Did you know know you Did

Ian Ian

$5.95 $5.95 45 45

have his lawyer of choice, and if that that if and choice, of lawyer his have

fully his right to defend himself or or himself defend to right his fully

they said this morning they supported supported they morning this said they

defendant—he is not my lawyer. I want want I lawyer. my not is defendant—he

serious consideration to the termina- the to consideration serious

my right to defend myself. I want my my want I myself. defend to right my

right to defend myself. myself. defend to right

day afternoon. afternoon. day

your clients, and you couldn't yester- couldn't you and clients, your

are good risks for bail and I shall give give shall I and bail for risks good are

noon• hour will reflect on whether they they whether on reflect will hour noon•

tion of their bail if you can't control control can't you if bail their of tion

indicated that he was not serving as as serving not was he that indicated

man in what he is doing, I over the the over I doing, is he what in man have had so many that— that— many so had have

this, that since it has been said here here said been has it since that this, you will have to explain it. it. explain to have will you

Seale's counsel on the 26th.] 26th.] the on counsel Seale's

threat to the lawyers, your Honor. We We Honor. your lawyers, the to threat

that all of the defendants support this this support defendants the of all that

the 27th and I told you on the 30th. 30th. the on you told I and 27th the

"MR. KUNSTLER: Your Honor, Honor, Your KUNSTLER: "MR.

"MR. SEALE: I am not—I am not a a not am not—I am I SEALE: "MR.

"MR. KUNSTLER: That is another another is That KUNSTLER: "MR.

"THE COURT: Now I will tell you you tell will I Now COURT: "THE

"THE COURT: I tell you some day day some you tell I COURT: "THE

[Mr. Kunstler is in error. He had had He error. in is Kunstler [Mr.

"MR. KUNSTLER: I told you on on you told I KUNSTLER: "MR.

understanding it. it. understanding

distorted everything, and it relates to to relates it and everything, distorted

myself. myself.

down. If there has been any distortion distortion any been has there If down.

will. See? I don't think you will. Your Your will. you think don't I See? will.

p4st actions of denying me the consti- consti- the me denying of actions p4st

lawyer and I am not going to go go to going not am I and lawyer

session on October 29, 1969, Court Court 1969, 29, October on session the fact I have a right to defend defend to right a have I fact the

occurred: occurred:

How come I can't say nothing? He has has He nothing? say can't I come How

by anybody, I am perfectly capable of of capable perfectly am I anybody, by and counsel engaged in a lengthy a in engaged counsel and

colloquy during which the following following the which during colloquy

would just like about two minutes to to minutes two about like just would through that again. again. that through

respond. respond.

to the Court? Court? the to

these statements, can I say something something say I can statements, these

"MR. SEALE: I don't think you you think don't I SEALE: "MR.

"THE COURT: I ask you to sit sit to you ask I COURT: "THE

"MR. KUNSTLER: Your Honor, I I Honor, Your KUNSTLER: "MR.

"MR. SEALE: He is not my lawyer. lawyer. my not is He SEALE: "MR.

"THE COURT: Because you have a a have you Because COURT: "THE

"THE COURT: No, thank you. you. thank No, COURT: "THE

"MR. SEALE: Why not? not? Why SEALE: "MR.

"MR. SEALE: Since he made all of of all made he Since SEALE: "MR.

gagging. gagging.

ordered the defendant Seale removed removed Seale defendant the ordered

show—" show—"

from the courtroom at which time he he time which at courtroom the from

was forcibly restrained by binding and and binding by restrained forcibly was

the courtroom, the Court thereupon thereupon Court the courtroom, the a few minutes. minutes. few a

self. self.

arise upon the recess? recess? the upon arise

take a brief recess. recess. brief a take should be dealt with in this circum- this in with dealt be should

that— that—

is the order of the Court that they will will they that Court the of order the is

none of the defendants have stood at at stood have defendants the of none direction of the Court, I certainly will will certainly I Court, the of direction

stance. stance.

you instruct the defendants, sir, that it it that sir, defendants, the instruct you represented. I want to represent my- represent to want I represented.

still argue the point that you recognize recognize you that point the argue still

recess. [The Judge addresses the mar- the addresses Judge [The recess.

pass it on. on. it pass

request. The Court will be in recess for for recess in be will Court The request. shals.] Take that defendant into the the into defendant that Take shals.]

direct the marshal— marshal— the direct room in there and deal with him as he he as him with deal and there in room

this recess in response to the Marshal's Marshal's the to response in recess this

want to stop or do you want me to to me want you do or stop to want

my constitutional rights to defend defend to rights constitutional my

Understanding of the facts I have a a have I facts the of Understanding

right to defend myself. myself. defend to right

myself. myself.

point about this so you can get an an get can you so this about point

you—oh, look—it's a form of racism, racism, of form a look—it's you—oh,

racism is what stopped my argument. argument. my stopped what is racism Marshal. Marshal.

The defendant Seale was then re- re- then was Seale defendant The

"MR. SEALE: Let the record record the Let SEALE: "MR.

"THE MARSHAL: This Court will will Court This MARSHAL: "THE

"MR. KUNSTLER: If that is a a is that If KUNSTLER: "MR.

"MR. SEALE: Let the record show show record the Let SEALE: "MR.

"THE COURT: Let the record show show record the Let COURT: "THE

In an attempt to maintain order in in order maintain to attempt an In

"THE MARSHAL: Mr. Kunstler, will will Kunstler, Mr. MARSHAL: "THE

"MR. SEALE: I still want to be be to want still I SEALE: "MR.

"THE COURT: Mr. Seale, do you you do Seale, Mr. COURT: "THE

"MR. SEALE: My argument is and I I and is argument My SEALE: "MR.

"THE COURT: We will take a a take will We COURT: "THE

"MR. SEALE: I want to argue the the argue to want I SEALE: "MR.

"THE COURT: COURT: "THE

"MR. SEALE: I want to know will will know to want I SEALE: "MR.

Hold the jury, Mr. Mr. jury, the Hold

Trade. Trade.

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December 4, 1969 1969 4, December

don't you recognize my right to de- to right my recognize you don't

and you know it. You know it. Why Why it. know You it. know you and

fend myself? myself? fend

of this land and give me my constitu- my me give and land this of

on behalf of my defense. I have a right right a have I defense. my of behalf on and why don't you recognize the law law the recognize you don't why and jive bargaining operations and that's that's and operations bargaining jive

tional right to defend myself?" myself?" defend to right tional shal, have that man sit down. down. sit man that have shal,

a right to defend myself. I still have a a have still I myself. defend to right a

to speak out in behalf of my defense, defense, my of behalf in out speak to defend myself. I got a right to speak speak to right a got I myself. defend defend myself. That's what you- you- what That's myself. defend me down or not. I still got a right to to right a got still I not. or down me

different from the right I have. I have have I have. I right the from different

the right to cross-examine the witness, witness, the cross-examine to right the

right to defend myself whether you sit sit you whether myself defend to right

tional right to defend myself. I want want I myself. defend to right tional

is trying to see what is happening. happening. is what see to trying is

show that the defendant Dellinger did did Dellinger defendant the that show

' "THE COURT: Will you, Mr. Mar- Mr. you, Will COURT: "THE '

bail. bail.

the same thing just now? now? just thing same the

is the price of their bail, then I guess guess I then bail, their of price the is

that will have to be the price of their their of price the be to have will that

tem No. 13: 13: No. tem

At the beginning of the afternoon afternoon the of beginning the At

"MR. SEALE: You trying to make make to trying You SEALE: "MR.

"MR. SEALE: I want the constitu- the want I SEALE: "MR.

"MR. KUNSTLER: Your Honor, he he Honor, Your KUNSTLER: "MR.

"MR. SEALE: I have a right to to right a have I SEALE: "MR.

"THE COURT: Let me tell you— tell me Let COURT: "THE

"THE COURT: I saw it myself. myself. it saw I COURT: "THE

"MR. SCHULTZ: May the record record the May SCHULTZ: "MR.

stopped me and denied me that right— right— that me denied and me stopped

now. I air asking you to be silent. silent. be to you asking air I now.

make an opening statement, and you you and statement, opening an make

don't you recognize that? Let me me Let that? recognize you don't saying you observed the laws. That law law That laws. the observed you saying

defend myself. From the first time time first the From myself. defend

when I asked—when I attempted to to attempted I asked—when I when

protects my right not to be discrim- be to not right my protects

any court in America? America? in court any

inated against in my legal defense. Why Why defense. legal my in against inated

know what is going to happen to you— you— to happen to going is what know says the black man cannot be discrim- be cannot man black the says

inated against in my legal defense in in defense legal my in against inated

1982, Title 42 of the Code where it it where Code the of 42 Title 1982,

please. please.

Court thereafter sent the jury into the the into jury the sent thereafter Court

Kunstler, if you don't mind." mind." don't you if Kunstler,

jury room at which time the following following the time which at room jury

occurred: occurred:

nothing further to say, your Honor. Honor. your say, to further nothing

to reply. reply. to

tutional right to defend myself— myself— defend to right tutional reply, Mr. Kunstler? Kunstler? Mr. reply,

"THE COURT: I will not hear you you hear not will I COURT: "THE

"MR. SEALE: You just got through through got just You SEALE: "MR.

"THE COURT: Mr. Seale, you do do you Seale, Mr. COURT: "THE

"MR. SEALE: What about Section Section about What SEALE: "MR.

"THE COURT: Bring in the jury, jury, the in Bring COURT: "THE

"MR. SEALE: Yes, I did. I wanted wanted I did. I Yes, SEALE: "MR.

"MR. KUNSTLER: Then I have have I Then KUNSTLER: "MR. "THE COURT: I was talking to Mr. Mr. to talking was I COURT: "THE

The colloquy continued and the the and continued colloquy The "THE COURT: Did you want to to want you Did COURT: "THE

defendant. He refers to a very large large very a to refers He defendant.

his elbow in Bobby's mouth and it it and mouth Bobby's in elbow his

think this is a disgrace. disgrace. a is this think we going to stop this medieval torture torture medieval this stop to going we

wasn't necessary at all. [Mr. Rubin is a a is Rubin [Mr. all. at necessary wasn't

that is going on in this courtroom? I I courtroom? this in on going is that

men of the jury, with my usual orders. orders. usual my with jury, the of men

hearing of the jury:) jury:) the of hearing

in open court, out of the presence and and presence the of out court, open in

Judge Hoffman orders the marshal to to marshal the orders Hoffman Judge

loosen the elastic bandage which has has which bandage elastic the loosen

and with the agreement of Mr. Schultz, Schultz, Mr. of agreement the with and begun to choke Mr. Seale.' Seale.' Mr. choke to begun

course. course.

concluded that he needs assistance, of of assistance, needs he that concluded

afternoon session. session. afternoon

and the defendant Seale was returned returned was Seale defendant the and

was allowed in the courtroom for the the for courtroom the in allowed was

open court: court: open

Thereupon the following occurred in in occurred following the Thereupon

to the courtroom. Eventually the jury jury the Eventually courtroom. the to

he had complained of discomfort. discomfort. of complained had he

then ordered the Marshal to reinforce reinforce to Marshal the ordered then

turned to the courtroom but continued continued but courtroom the to turned the gag. The gag was then reinforced reinforced then was gag The gag. the

to shout through the gag. The Court Court The gag. the through shout to

gagging. gagging.

ordered the marshal to adjust the the adjust to marshal the ordered

restraint on the defendant Seale after after Seale defendant the on restraint

ing of the morning session the Court Court the session morning the of ing

ordered the defendant Seale removed removed Seale defendant the ordered was forcibly restrained by binding and and binding by restrained forcibly was

from the courtroom at which time he he time which at courtroom the from

show—" show—"

the courtroom, the Court thereupon thereupon Court the courtroom, the

take a brief recess. recess. brief a take

"MR. RUBIN: This guy is putting putting is guy This RUBIN: "MR.

"MR. KUNSTLER: Your Honor, arc arc Honor, Your KUNSTLER: "MR.

(The following proceedings were had had were proceedings following (The

"I will excuse you, ladies and gentle- and ladies you, excuse will "I

[Upon the request of Mr. Weinglass Weinglass Mr. of request the [Upon

"THE COURT: If the marshal has has marshal the If COURT: "THE

tern No. 14: 14: No. tern

On October 30, 1969, at the open- the at 1969, 30, October On The defendant Seale was then re- then was Seale defendant The

"MR. SEALE: Let the record record the Let SEALE: "MR. In an attempt to maintain order in in order maintain to attempt an In

"THE MARSHAL: This Court will will Court This MARSHAL: "THE

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silence Mr. Seale.]

a court Negro marshal who has attempted to medieval torture chamber. It is a ,here and watch it, Judge. [Mr. Hoff- disgrace. They are assaulting the other defendants

clined to read these obscenities and the balls, mother (ticker. [The Judge de-

one that follows into the record, asking the reporter to add them later.

He explained his reluctance on the ground that there were women and

y.oung people in the courtroom.]

tight and it is stopping my blood.

grace. this is an unholy disgrace to the law Kunstler. that is going on in this courtroom and I as an American lawyer feel a dis-

nothing other than what you have done to this man.

man is a defendant.]

ant Rubin. that the outbursts are by the defend-

reading from the transcript] That was rotten, low-life son-of-a-bitch." your marshals who attacked me. marshals.] right after I got hit in the testes by

interruption, Judge Hoffman continues to quote Seale from the transcript.] "I

to protect him. am glad I said it about Washington used

to have slaves, the first President— the record show that that is Mr. Dellinger saying someone go to protect

"MR. KUNSTLER: This is no longer

"MR. RUBIN: Don't hit me in my

"MR. SEALE: This mother fucker is

"MR. KUNSTLER: Your Honor,

"MR. FORAN: Created by Mr.

"MR. KUNSTLER: Created by

"MR. HOFFMAN: You come down

"MR. FORAN: May the record show

"MR. SEALE: You fascist dogs, you

[Mr. Seale is addressing the Negro

MR. SEALE: [Interrupts the Judge's THE COURT: [After Mr. Seale's

"MR. DELLINGER: Somebody go

"MR. FORAN: Your Honor, may

of order, your Honor; this is a

also.

rights have been violated. The direct

is over, I want to cross-examine the witness. examination is over, cross-examination order you to be quiet.

cross-examine the witness. I want to cross-examine the witness at this time. I object to you not allowing me to cross-examine the witness. You know I

have a right to do so.

anybody about this case, or let any- tomorrow morning at ten o'clock. must order you not to talk with men of the jury; you are excused until

body speak with you about it, do not journals. Do not listen to radio or read. the newspapers or any other anybody attempts to communicate television or look at television. If with you about this case in any manner, please get in touch with the and hearing of the jury:) had in open court, out of the presence United States Marshal who will in turn lay the matter before me.

shal, you may take the jury out. morning at ten o'clock .... Mr. Mar-

you, Mr. Seale, again—I thought you were going to adhere to my directions. afternoon intrude into the proceedings You sat there and did not during this in an improper way.

and request and demand that I have a it was the proper time for me to ask right to defend myself and I have a right to cross-examine the witness. I sit after the cross-examinations were over, through other cross-examinations and examine the witness, and in turn I request, demanded by right to cross- since you cannot sit up here—you cannot sit up here and continue to demanded my right to defend myself,

"MR. SEALE: My constitutional

"THE COURT: Please be quiet, sir. I

"MR. SEALE: I have a right to

"THE COURT: Ladies and gentle-

"(The following proceedings were

"You are excused until tomorrow

"THE COURT: Now

"MR. SEALE: I never intruded until

want to tell

Item following the direct examination of the 1969, during the morning session, witness Ray, the following took place:

approach the lectern.

examine, sir.

right to cross-examine. sheriff of San Mateo County, Califor- right in the circumstances of this case. Witness— [The witness is a deputy me, could you please tell me, Mr. chase a ticket at the San Francisco

nia. He had observed Mr. Seale pur- a Black Panther Party member? Airport, presumably to Chicago.] to sit down. have to ask you to sit down, please.

on any raids in the Black Panther

Party's offices or Black Panther Party

members' homes?

third time

down, as courteously as possible. me cross-examine the witness and de-

fend myself? sworn in the trial. The trial had not entitled to. You have a lawyer of one witness even raised his hand to be heard one shred of evidence, before record who signed his appearance in started until that happened. his own handwriting. up-

He was not my lawyer before the jury

On Wednesday, November 5th,

"MR. SEALE: I would like to

"THE COURT: You may not cross-

"THE COURT: No, you have no "MR. SEALE: Well, I think I have a ."THE COURT: Mr. Seale, I ask you "MR.

"THE COURT: Mr. Seale—

"MR. SEALE: Have you ever killed "MR. SEALE: —at the airport? "MR. SEALE: Have you ever been "THE COURT: Mr. Seale, I will

"THE COURT: Mr. Seale, this is the

"MR. SEALE: Why don't you let

"THE COURT: Because you are not "MR. SEALE: This man was fired.

"THE COURT: You may not stand

No. 16:

SEALE: Why did you follow

am asking you to sit

48 • • 48

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Thursday, October 30th, 1969, the the 1969, 30th, October Thursday,

you. you.

men of the jury, I will have to excuse excuse to have will I jury, the of men

witness. witness.

court recessed. recessed. court would like to cross-examine the wit- the cross-examine to like would

ness. I want to cross-examine the the cross-examine to want I ness.

following occurred: occurred: following

the courtroom, the morning session of of session morning the courtroom, the ashamed of your conduct in this case, case, this in conduct your of ashamed

sir." sir."

utterly ashamed to be an American American an be to ashamed utterly

lawyer at this time. time. this at lawyer

Seale. Seale.

and the entire treatment of Bobby Bobby of treatment entire the and

would like the names of the marshals. marshals. the of names the like would

you gave the Court, perhaps things can can things perhaps Court, the gave you We are going to ask for a judicial judicial a for ask to going are We

investigation of the entire condition condition entire the of investigation

be done done be

to keep your word around here that that here around word your keep to will be taken down. down. taken be will

thing that you want. When you begin begin you When want. you that thing

him and the other comment is by Mr. Mr. by is comment other the and him too. too.

Rubin. Rubin.

Dellinger saying someone go to protect protect to go someone saying Dellinger

the record show that that is Mr. Mr. is that that show record the

to protect him. him. protect to

interruption, Judge Hoffman continues continues Hoffman Judge interruption,

am glad I said it about Washington used used Washington about it said I glad am

to quote Seale from the transcript.] "I "I transcript.] the from Seale quote to

to have slaves, the first President— President— first the slaves, have to

tem No. 15: 15: No. tem

During the afternoon session on on session afternoon the During

"THE COURT: Ladies and gentle- and Ladies COURT: "THE

"MR. SEALE: [Through his gag] I I gag] his [Through SEALE: "MR.

Thereafter, because of the chaos in in chaos the of because Thereafter,

"THE COURT: You should be be should You COURT: "THE

"MR. KUNSTLER: I just feel so so feel just I KUNSTLER: "MR.

"THE COURT: You ask for any- for ask You COURT: "THE

"MR. KUNSTLER: Your Honor, we we Honor, Your KUNSTLER: "MR.

"THE COURT: Everything you say say you Everything COURT: "THE

"MR. RUBIN: And my statement, statement, my And RUBIN: "MR.

"MR. FORAN: Your Honor, may may Honor, Your FORAN: "MR.

"MR. DELLINGER: Somebody go go Somebody DELLINGER: "MR.

THE COURT: [After Mr. Seale's Seale's Mr. [After COURT: THE

Ms Asa cal ennui., ennui., cal Asa Ms

wilt" atLavr wilt"

■

cu cu

ately with your conduct. conduct. your with ately

going to persist in this sort of thing, thing, of sort this in persist to going

the Court will have to deal appropri- deal to have will Court the

that time is running out. If you are are you If out. running is time that

object. I have a right— right— a have I object.

constitutional rights. rights. constitutional be in recess until tomorrow morning at at morning tomorrow until recess in be

ten o'clock." o'clock." ten

Court will be in recess. recess. in be will Court

would be my trial counsel and you you and counsel trial my be would

an appearance to see me in jail before before jail in me see to appearance an

writing. writing. know that. that. know

appearance here in his own hand- own his in here appearance

the only one I ever agreed with that that with agreed ever I one only the

the trial began. Mr. Charles Garry is is Garry Charles Mr. began. trial the

Charles R. Garry is my only lawyer. lawyer. only my is Garry R. Charles

He is not here. here. not is He lawyers I have ever seen. seen. ever have I lawyers

attempting to get my rights to defend defend to rights my get to attempting

one of the most competent criminal criminal competent most the of one by by

myself recognized by you. you. by recognized myself

attempting to disrupt this trial. I am am I trial. this disrupt to attempting

never said anything, and I am not not am I and anything, said never

throughout other cross-examinations, I I cross-examinations, other throughout cross-examine the witness, my constitu- my witness, the cross-examine

tional right to defend myself. I sit sit I myself. defend to right tional deny me my constitutional rights to to rights constitutional my me deny

cannot sit up here and continue to to continue and here up sit cannot

since you cannot sit up here—you here—you up sit cannot you since

examine the witness, and in turn turn in and witness, the examine

demanded my right to defend myself, myself, defend to right my demanded

after the cross-examinations were over, over, were cross-examinations the after

I request, demanded by right to cross- to right by demanded request, I

right to cross-examine the witness. I sit sit I witness. the cross-examine to right

right to defend myself and I have a a have I and myself defend to right and request and demand that I have a a have I that demand and request and

through other cross-examinations and and cross-examinations other through

"THE COURT: I must tell you, sir, sir, you, tell must I COURT: "THE

"THE MARSHAL: The Court will will Court The MARSHAL: "THE

"MR. SEALE: I have a right to to right a have I SEALE: "MR.

"MR. SEALE: I have a right to my my to right a have I SEALE: "MR.

"THE COURT: Mr. Marshal, the the Marshal, Mr. COURT: "THE

"THE COURT: I have a written written a have I COURT: "THE

"MR. SEALE: I fired him. He filed filed He him. fired I SEALE: "MR.

"MR. SEALE: He is not employed employed not is He SEALE: "MR.

"THE COURT: You have employed employed have You COURT: "THE

me. He is not, and you krtow krtow you and not, is He me.

constitutional right. right. constitutional

operation— operation—

complete overt, fascist attempt, fascist fascist attempt, fascist overt, complete

This is erroneous. It is a complete, complete, a is It erroneous. is This men of the jury— jury— the of men

sir ...... sir

insulting the people of America, and and America, of people the insulting you know it. it. know you

person have no right to defend myself? myself? defend to right no have person

do not have the right at this juncture, juncture, this at right the have not do

insulting the people of the world, world, the of people the insulting

sentative of me. I am trying to defend defend to trying am I me. of sentative

sir. sir. are the one that is insulting me, me, insulting is that one the are

are talking about insulting you. You You you. insulting about talking are

to defend myself? myself? defend to

that I have a right to try and cross- and try to right a have I that

myself. I'm being railroaded. railroaded. being I'm myself.

examine witnesses, and I have a right right a have I and witnesses, examine

courtroom. courtroom.

counsel. counsel.

sworn in the trial. The trial had not not had trial The trial. the in sworn men of the jury, I ask you to leave the the leave to you ask I jury, the of men please. please.

court, outside the presence and hearing hearing and presence the outside court,

started until that happened. happened. that until started

up— up— of the jury:) jury:) the of

one witness even raised his hand to be be to hand his raised even witness one

proceedings were had herein, in open open in herein, had were proceedings

heard one shred of evidence, before before evidence, of shred one heard

his own handwriting. handwriting. own his

He was not my lawyer before the jury jury the before lawyer my not was He

record who signed his appearance in in appearance his signed who record

entitled to. You have a lawyer of of lawyer a have You to. entitled

"MR. SEALE: —of denying me my my me denying —of SEALE: "MR.

"THE COURT: Ladies and gentle- and Ladies COURT: "THE

"MR. SEALE: Me, myself, my own own my myself, Me, SEALE: "MR.

"THE COURT: I am saying that you you that saying am I COURT: "THE

"THE COURT: Will you sit down, down, sit you Will COURT: "THE

"MR. SEALE: Why can't you see see you can't Why SEALE: "MR.

"MR. SEALE: How about that? You You that? about How SEALE: "MR.

"THE COURT: Ladies and gentle- and Ladies COURT: "THE (Whereupon the following further further following the (Whereupon "MR. SEALE: He is not the repre- the not is He SEALE: "MR.

"THE COURT: Will you sit down, down, sit you Will COURT: "THE

"MR. SEALE: This man is not my my not is man This SEALE: "MR.

"THE COURT: You may not stand stand not may You COURT: "THE

"MR. SEALE: This man was fired. fired. was man This SEALE: "MR.

The New York Review Review York New The

t!'iit

; ; •.tbt •.tbt "THE COURT: Gentlemen, we will that. I would like to—since you let me only one lawyer by letting this man recess until two o'clock." stand up and speak, can I speak about and Thomas Hayden to go and to talk ADULT DEGREE PROGRAM in behalf of—can I defend myself? to Charles R. Garry to see about The Goddard College Adult Degree Accordingly, it is therefore ordered THE COURT: You may speak to coming out here for me, which begin Program makes it possible for mature that pursuant to the authority vested the matters I have discussed here to show me that I was beginning to men and women who left college in this Court by Rule 42(a) of the today, matters dealing with your con- persuade you to do something, at least before graduating to complete liberal Federal Rules of Criminal Procedure temptuous conduct. The law obligates allow somebody to, investigate my arts studies and receive the . Bachelor and by Title 18, United States Code, me to call on you to speak at this situation. Now what are you talking of Arts degree. The program involves Section 401, the defendant Bobby time. about? Now all of a sudden on the two-week resident sessions at Goddard Seale be punished for contempt. MR. SEALE: About what? About record? every six months, during which stu- I will hear from you, Mr. Kunstler. the fact that I want a right to defend THE COURT: I want to make it dents make individual plans for large- scale independent study, to be carried MR. KUNSTLER: Your Honor, I myself? That's all I am speaking about. clear. I don't want to be questioned on at home under the supervision of have already indicated that because I THE COURT: No, aboUt possible any further. The law gives you the Goddard faculty members. Applicants have been discharged I can say nothing punishment for contempt of court. right to speak out now in respect to must be 26 or over, ready and able to for Mr. Seale. He wants to be his own MR. SEALE: Punishment? You've possible punishment for contempt of work independently on study projects attorney, as your Honor has read at punished black people all your life. I court, sir. at least 20 hours a week, usually least thirty or forty times from your mean, you, they even say you own a MR. SEALE: Well, the first thing, more. Advance standing is granted for own opinion, and I think that I would factory that produces raw materials to I'm not in no contempt of court. I previous college study of good quali- be derelict in my, duty to my under- kill people in Viet Nam [the family of know that. I know that I as a person ty. For a bulletin and.an application standing of my right and liability as an Judge Hoffman's wife is involved in and a human being have the right to blank, write Box Y, Adult Degree Program, Goddard College, Plainfield, attorney were I to speak for him now. the Brunswick Corporation which pro- stand up in a court and use his Vermont 05667.

New Yorker Bookshop 250 W. 89th St. New York, N.Y. 10024 Phone 799-2050 A CINCH-- AMAZING MKS FROM

December December

myself. I would like to speak about about speak to like would I myself.

you, trying to show you, demonstrat- you, show to trying you,

like I see it in my mind, you know,—I know,—I you mind, my in it see I like

ing my right, demonstrating to you the the you to demonstrating right, my ing

I still haven't got the right to defend defend to right the got haven't still I

don't understand you. you. understand don't

need, showing you all this stuff about about stuff this all you showing need, can speak"? speak"? can

say something about, "OK, now you you now "OK, about, something say

court? It must be a fascist operation operation fascist a be must It court?

cetera; and you going to sit there and and there sit to going you and cetera; my right to defend myself, my right to to right my myself, defend to right my

plete record of me trying to persuade persuade to trying me of record plete

something about you can speak? What What speak? can you about something

defend myself, history, slavery, et et slavery, history, myself, defend

it. What kind of court is this? Is this a a this Is this? is court of kind What it.

you punish me, you sit up and -say -say and up sit you me, punish you kind of jive is that? I don't understand understand don't I that? is jive of kind

are you going to try to—you going to to going to—you try to going you are

attempt to punish me for attempting attempting for me punish to attempt

to speak for myself before? Now after after Now before? myself for speak to

occasion. occasion.

speak before? before? speak

yes. yes.

a right to speak now. I will hear you. you. hear will I now. speak to right a

MR. SEALE: You just read a com- a read just You SEALE: MR.

THE COURT: I am calling on you— you— on calling am I COURT: THE

What am I supposed to speak about? about? speak to supposed I am What

THE COURT: Mr. Seale, you have have you Seale, Mr. COURT: THE

THE COURT: This is a special special a is This COURT: THE

MR. SEALE: Wait a minute. Now Now minute. a Wait SEALE: MR.

THE COURT: In your own behalf, behalf, own your In COURT: THE

MR. SEALE: How come I couldn't couldn't I come How SEALE: MR.

MR. SEALE: For myself? myself? For SEALE: MR.

4, 4,

1969 1969

/444,714.14 /444,714.14

and told you that I fired the man. man. the fired I that you told and

"Look, I have the right to defend defend to right the have I "Look,

even to the point just recently on on recently just point the to even out that fact, in fact, made motions motions made fact, in fact, that out

up, contend to you that that man is is man that that you to contend up,

me. You don't want to let a man stand stand man a let to want don't You me.

myself," continuously over and over, over, and over continuously myself,"

enough to get on that record for that that for record that on get to enough

not my lawyer, show you and point point and you show lawyer, my not Friday you recognized that I did have have did I that recognized you Friday

record so that they can hear me half half me hear can they that so record

something to say about the fact that I I that fact the about say to something the time. You don't want to listen to to listen to want don't You time. the

cross-examine the witnesses. I want want I witnesses. the cross-examine

extent of even having to shout loud loud shout to having even of extent

motions, my requests to be, to the the to be, to requests my motions,

talking about. about. talking

rights, to be able to stand up and and up stand to able be to rights,

my persuasion, or my arguments, my my arguments, my or persuasion, my that, so I don't know what you're you're what know don't I so that,

me is that you don't want me, you you me, want don't you that is me

want to defend myself still. I want my my want I still. myself defend to want

refuse to let me, you will not go by by go not will you me, let to refuse

it clear. clear. it

what you're talking about, or putting putting or about, talking you're what death is nothing, I mean, if that is is that if mean, I nothing, is death

duces war materials, among other other among materials, war duces

nothing to say about that. I have have I that. about say to nothing

me in jail, or prison, or hanging hanging or prison, or jail, in me

people, and all that stuff. I have have I stuff. that all and people,

things], you know, so it's nothing, nothing, it's so know, you things],

r r

And to stand up here and say, say, and here up stand to And

THE COURT: I have tried to make make to tried have I COURT: THE

MR. SEALE: All you make clear to to clear make you All SEALE: MR.

5.114 5.114

black man requests his rights, what do do what rights, his requests man black if a black man asks for his rights, if a a if rights, his for asks man black a if

black man demands his rights, if a a if rights, his demands man black

history, and you know it. That's what what That's it. know you and history, acted in those periods of slavery slavery of periods those in acted

you're doing. doing. you're

in the same manner as those courts courts those as manner same the in

and George Washington. We are hep to to hep are We Washington. George and

mistaken about that. that. about mistaken

say is that you're probably acting in in acting probably you're that is say

that kind of business. business. of kind that them, and here you are, and all I can can I all and are, you here and them,

the same manner as Benjamin Franklin Franklin Benjamin as manner same the

the Dred Scott case situation, in a a in situation, case Scott Dred the

period of slaves you never recognized recognized never you slaves of period

people's constitutional rights, and have have and rights, constitutional people's

never recognized them from 1867 to to 1867 from them recognized never

States does not recognize the black black the recognize not does States where the Government of the United United the of Government the where

man living under the scope and influ- and scope the under living man

ence of a racist decadent America America decadent racist a of ence

very clear, I hope. That's all I have to to have I all That's hope. I clear, very

my rights as a human being, a black black a being, human a as rights my

say. I still want to cross-examine the the cross-examine to want still I say. requests, and I will continue to make make to continue will I and requests,

those requests, hoping that once in one one in once that hoping requests, those

way along this trial, you will recognize recognize will you trial, this along way

make my motions, and I make those those make I and motions, my make

constitutional right to speak in behalf behalf in speak to right constitutional

witnesses, I make those requests. requests. those make I witnesses,

of his constitutional rights. That is is That rights. constitutional his of

If a black man stands up and speaks, speaks, and up stands man black a If

MR. SEALE: Oh, yes, you're acting acting you're yes, Oh, SEALE: MR.

THE COURT: Oh, but you are are you but Oh, COURT: THE

I NAME NAME I

■

MS FROM FROM MS

• •

STAT STAT

CITY CITY

ADDRESS ADDRESS

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please add city and state tax.) tax.) state and city add please

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Hilton Obenzinger, Obenzinger, Hilton

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Review. Review.

Review—literature Review—literature

Edited by by Edited

politics" politics"

Now here in a a in here Now

Eli Eli

TIP TIP

Seventy-two Seventy-two

2050 2050

book, book,

(Pub-

clip clip

1 1

49 49

On Adaptation Adaptation On

Here is a literal translation of a great great a of translation literal a is Here

Vladimir Nabokov Nabokov Vladimir

specifications 1 to and including 16 16 including and to 1 specifications

conduct of the defendant Bobby Seale Seale Bobby defendant the of conduct

attack upon the administration of of administration the upon attack

shall certify that the series of criminal criminal of series the that certify shall

of United States of America vs. David David vs. America of States United of

justice, an attempt to sabotage the the sabotage to attempt an justice,

character as to make the mere imposi- mere the make to as character T. Dellinger and others, 69 CR 180. 180. CR 69 others, and Dellinger T.

constituted a deliberate and wilful wilful and deliberate a constituted

contempts committed as described by by described as committed contempts

System, and misconduct of so grave a a grave so of misconduct and System,

functioning of the Federal Judiciary Judiciary Federal the of functioning the Court during the trial of the case case the of trial the during Court the

wholly insignificant punishment. Ac- Ac- punishment. insignificant wholly

the Court, and were seen or heard by by heard or seen were and Court, the

the Court in its oral observations and and observations oral its in Court the

were committed in actual presence of of presence actual in committed were

tion of a fine a futile gesture and a a and gesture futile a fine a of tion

Federal Rules of Criminal Procedure, I I Procedure, Criminal of Rules Federal

the provision of Rule 42(a) of the the of 42(a) Rule of provision the

before another federal judge in Chicago Chicago in judge federal another before

couldn't stand. I got my suit. It's going going It's suit. my got I stand. couldn't

defend himself. The suit was denied.] denied.] was suit The himself. defend

including many blacks, had filed suit suit filed had blacks, many including on behalf of Mr. Seale's right to to right Seale's Mr. of behalf on

court in America. [A group of lawyers, lawyers, of group [A America. in court

to a higher court, possibly the highest highest the possibly court, higher a to

Now let's see, first you said that I I that said you first see, let's Now

you address me, you'll have to stand. stand. to have you'll me, address you

see I'm talking. talking. I'm see

me, sir? sir? me,

in behalf of the world— world— the of behalf in

ing. If a black man gets up and speaks speaks and up gets man black a If ing.

you do? You're talking about punish- about talking You're do? you

THE COURT: In conformity with with conformity In COURT: THE

I find that the acts, statements, and and statements, acts, the that find I

MR. SEALE: Stand? Stand now. now. Stand Stand? SEALE: MR.

THE COURT: That's right, but if if but right, That's COURT: THE

MR. SEALE: I'm talking. You can can You talking. I'm SEALE: MR.

THE COURT: Are " you addressing addressing you " Are COURT: THE

m 1 m

su Itifan Itifan su

ri,•1 t rn (nnte the the (nnte rn t ri,•1

CC1T- CC1T-

"upheaval," and the word translated as as translated word the and "upheaval,"

view of the disposition of this aspect aspect this of disposition the of view

"falsehood"), but I will limit myself to to myself limit will I but "falsehood"),

"injustice" has also the meaning of of meaning the also has "injustice" of the old Russian Russian old the of

discussing some of the quite unambigu- unambigu- quite the of some discussing

as soon as you can, and I will ask Mr. Mr. ask will I and can, you as soon as

declaring a mistrial as to the defendant defendant the to as mistrial a declaring

of the case, there will be an order order an be will there case, the of

the case will be continued until tomor- until continued be will case the

row morning. There will be an order in in order an be will There morning. row

By sentencing Mr. Seale to sixteen sixteen to Seale Mr. sentencing By

this ruling.] ruling.] this

man presumably meant to circumvent circumvent to meant presumably man

possible penalty exceeds six months. months. six exceeds penalty possible judgment and commitment order. order. commitment and judgment

Foran to get the certificate to me and and me to certificate the get to Foran

ly. ly. ceeding is entitled to a jury trial if the the if trial jury a to entitled is ceeding ruling,'a defendant in a contempt pro- contempt a in defendant ruling,'a

terms of three months each Judge Hoff- Judge each months three of terms

for my signature together with a a with together signature my for

you. How soon, Miss Reporter, will it it will Reporter, Miss soon, How you.

made here a certificate of contempt contempt of certificate a here made

tion, the sentences to run consecutive- run to sentences the tion, or his authorized representative for for representative authorized his or

imprisonment for a term of three three of term a for imprisonment

months on each and every specifica- every and each on months

reporter to have that written up for for up written that have to reporter

have got both of you [reporters] here. here. [reporters] you of both got have

and the Court will impose—strike that that impose—strike will Court the and committed to the custody of the the of custody the to committed

be before it is written? I am glad I I glad am I written? is it before be

Attorney General of the United States States United the of General Attorney

to prepare from the oral remarks I I remarks oral the from prepare to

cordingly, I adjudge Bobby G. Seale Seale G. Bobby adjudge I cordingly,

referred to in my oral observations, observations, oral my in to referred

guilty of ,each and every specification specification every and ,each of guilty

—and the defendant Seale will be be will Seale defendant the —and

THE COURT: Get it to Mr. Foran Foran Mr. to it Get COURT: THE

[According to a recent Appeals Court Court Appeals recent a to [According

THE REPORTER: Six o'clock. o'clock. Six REPORTER: THE

HOW HOW

I direct the United States Attorney Attorney States United the direct I

soon—you will have to get the the get to have will soon—you

trus, trus,

meaning meaning

vision of the arctic starlight overhead, overhead, starlight arctic the of vision

emblemized by the splendor of gray- of splendor the by emblemized

phor of L. 8 now culminates in a a in culminates now 8 L. of phor

blue furs, with a suggestion of astro- astro- of suggestion a with furs, blue

declared with respect to you, sir. Your Your sir. you, to respect with declared

have a right to go through this trial. trial. this through go to right a have

now. I don't want to be taken out. I I out. taken be to want don't I now.

trial will be conducted on April 23, 23, April on conducted be will trial

a trial date. date. trial a

1970, at ten o'clock in the morning. morning. the in o'clock ten at 1970, ate trial right now. now. right trial ate

right now, though. though. now, right

Come to order. order. to Come try two two try

ate trial right now. now. right trial ate

reminded me. me. reminded

a trial date for the defendant Seale? Seale? defendant the for date trial a

rise. rise.

we have the jury to inform. inform. to jury the have we

continued until tomorrow morning at at morning tomorrow until continued

defendants. defendants.

ten o'clock for signing the certificate certificate the signing for o'clock ten

of contempt and to continue with the the with continue to and contempt of

right—what's the cat trying to pull pull to trying cat the right—what's

trial in respect to the other seven seven other the to respect in trial

now? I'm leaving—I can't stay? stay? can't leaving—I I'm now?

other defendants. defendants. other

Bobby G. Seale and not as to any any to as not and Seale G. Bobby

THE COURT: I 'am sorry, I can't can't I sorry, 'am I COURT: THE

Lines 11-12: the magnificent meta- magnificent the 11-12: Lines

THE COURT: A mistrial has been been has mistrial A COURT: THE

MR. SEALE: I am talking about about talking am I SEALE: MR.

THE COURT: Yes, we will give you you give will we Yes, COURT: THE

MR. SEALE: I demand an immedi- an demand I SEALE: MR.

THE COURT: Yes. Yes. Yes. Yes. COURT: THE

THE MARSHAL: Sit down, please. please. down, Sit MARSHAL: THE

MR. SEALE: I want it immediate, immediate, it want I SEALE: MR.

THE COURT: Oh, yes, I'm glad you you glad I'm yes, Oh, COURT: THE

THE MARSHAL: Everyone please please Everyone MARSHAL: THE

MR. SCHULTZ: If the Court please, please, Court the If SCHULTZ: MR.

MR. SCHULTZ: Will your Honor set set Honor your Will SCHULTZ: MR.

THE COURT: The court will be be will court The COURT: THE

MR. SEALE: Wait a minute, I got a a got I minute, a Wait SEALE: MR.

cases at one time, sir. sir. time, one at cases

linlnpralla linlnpralla

a a

the wolf hide he refuses to to refuses he hide wolf the

adaptation for a sample of Mandel- of sample a for adaptation

recess until ten o'clock tomorrow tomorrow o'clock ten until recess

carrying him through the door to the the to door the through him carrying an eccentric teacher, will mistake that that mistake will teacher, eccentric an shtam's thought ("the poet compares compares poet ("the thought shtam's

the sheepskin sent him from abroad to to abroad from him sent sheepskin the

please rise. rise. please morning. morning.

lockup.] I still want an immediate immediate an want still I lockup.] matter before me. me. before matter

at at

communicate with the United States States United the with communicate Marshal, who will in turn, lay the the lay turn, in will who Marshal,

put in jail for four years for nothing? I I nothing? for years four for jail in put

Bobby. Bobby.

trial. You can't call it a mistrial. I'm I'm mistrial. a it call can't You trial.

at television. If anybody attempts to to attempts anybody If television. at

ing day, November 6, 1969, at the the at 1969, 6, November day, ing

want my coat. coat. my want

hour of 10:00 o'clock, a.m.) a.m.) o'clock, 10:00 of hour

talk with you about this case, please please case, this about you with talk

not listen to radio or television or look look or television or radio to listen not

among yourselves. Do not read the the read not Do yourselves. among

newspapers or any other journals. Do Do journals. other any or newspapers

you about it. Do not discuss the case case the discuss not Do it. about you

this case, or let anybody speak with with speak anybody let or case, this

four, we'll be in recess until ten ten until recess in be we'll four,

orders not to talk with anybody about about anybody with talk to not orders

o'clock tomorrow morning. The usual usual The morning. tomorrow o'clock

herein, in open court, within the the within court, open in herein,

presence and hearing of the jury:) jury:) the of hearing and presence

keep you confined in the jury room room jury the in confined you keep

the Court had to consider with the the with consider to had Court the of the jury, I deeply regret having to to having regret deeply I jury, the of

ence. ence.

parties and counsel out of your pres- pres- your of out counsel and parties this long, but there were matters that that matters were there but long, this

THE MARSHAL: Everyone will will Everyone MARSHAL: THE

Since it is now nearly a quarter after after quarter a nearly now is it Since

MR. SEALE: [The marshals are are marshals [The SEALE: MR.

Mr. Marshal, the court will be in in be will court the Marshal, Mr. (Whereupon an adjournment was had had was adjournment an (Whereupon

THE AUDIENCE: Free Bobby. Free Free Bobby. Free AUDIENCE: THE

(The following proceedings were had had were proceedings following (The

THE COURT: Ladies and gentlemen gentlemen and Ladies COURT: THE

4:15 o'clock p.m. until the follow- the until p.m. o'clock 4:15

nt nt

■ ■

, ,

we.,-" we.,-"

• •• •• • 0 0 Lion or a tine a futile gesture and a THE COURT: I 'am sorry, I can't ing day, November 6, 1969, at the of the case, there will be an order wholly insignificant punishment. Ac- declaring a mistrial as to the defendant try two cases at one time, sir. hour of 10:00 o'clock, a.m.) 0

of the old Russian trus, meaning Lines 11-12: the magnificent meta- an eccentric teacher, will mistake that On Adaptation "upheaval," and the word translated as phor of L. 8 now culminates in a adaptation for a sample of Mandel- Vladimir Nabokov "injustice" has also the meaning of vision of the arctic starlight overhead, shtam's thought ("the poet compares "falsehood"), but I will limit myself to emblemized by the splendor of gray- the sheepskin sent him from abroad to Here is a literal translation of a great discussing some of the quite unambigu- blue furs, with a suggestion of astro- the wolf hide he refuses to wear"), I poem by Mandelshtam (note the cor- ous passages misinterpreted, or other- nomical heraldry (cf. Vulpecula, a cannot help feeling that despite the rect form of his name), which appears wise mangled, by Robert Lowell in his constellation). Instead of that the good intentions of adaptors something in the original Russian on pp. 142 and "adaptation" on pp. 143 and 145 of adaptor has "I want to run with the very like cruelty and deception is the 144 of Olga Carlisle's anthology, Poets the same collection. shiny blue foxes moving like dancers in inevitable result of their misguided on Street Corners (Random House, L. 1: resonant valor, gremuchaya the night," which is not so much a labors. New York, 1968). It consists of six- doblest' (nom.): Mandelshtam improves pretty piece of pseudo-Russian fairy- Although some of the English ver- teen, tetrametric (odd) and trimetric here on the stock phrase "ringing tale as a foxtrot in Disneyland. sions in Miss Carlisle's collection do (even), anapaestic lines with a mascu- glory" (gremyashchaya slava). Mr. L. 13: Why does the adaptation read their best to follow the text, all of line rhyme scheme bcbc. Lowell renders this as "foreboding "there the Siberian river is glass"? them for some reason or other (per- nobility," which is meaningless, both Perhaps, because the techyot (flows) of 1 For the sake of the resonant valor haps in heroic protection of the main as translation and adaptation, and can in the past tense, of ages to come, the text gives tekla offender) are branded "adaptations." be only explained by assuming that he stekla (flowed down) Os° for the sake of a high race of men, and its form ,What, then, is there especially adaptive worked out an ominous meaning from I forfeited a bowl at my fathers' happens to be the genitive case of or adaptational in an obvious travesty? the "rumbling" improperly given under feast,- steklo (glass)-a really outstanding This I wish to be told, this I wish to gremuchiy by some unhelpful inform- 4 and merriment, and my honor. howler, if my supposition is correct, comprehend. "Adapted" to what? To er, e.g., Louis Segal,' M.A., Ph.D. and an inexplicable cliché, if it isn't. the needs of an idiot audience? To the On my shoulders there pounces (Econ.), D.Phil., compiler of a Russian- L. 14: pine, sosna: the adaptor has demands of good taste? To the level of the wolfhound age, English dictionary. "fir tree," another plant altogether. but no wolf by blood am I; one's own genius? But one's audience L. 5: wolfhound, volkodav: lexically This is a mistake often committed on is the most varied and gifted in the better, like a fur cap, thrust me "wolf-crusher," "wolf-strangler"; this both sides of the Bering Strait (and into the sleeve world; no arbiter of genteel arts tells dog gets transformed by Mr. Lowell condoned, I note, by Dr. Segal). us what we can say or can't say; and, 8 of the warmly fur-coated Siberian into a "cutthroat wolf," another mir- L. 16: "or slaver in the wolf trap's steppes, as to genius, nowhere in those para- acle of misinformation, mistransfigura- steel jaw" (Lowell)-an ending that phrases is the height of fancy made to tion and misadaptation. -so that I may not see the snaps as it were the very backbone of fuse with the depth of erudition, like a coward, the bit of soft muck, L. 6: "wear the hide of a wolf" Mandelshtam's poem. mountain orbed by its reflection in a the bloody bones on the wheel, (Lowell) would mean to impersonate a lake-which at least would be some so that all night the blue fox furs wolf which is not at all the sense here. I am well aware that my laborious consolation. What we do have are may blaze L. 8: actually "of the Siberian literal reproduction of one of the crude imitations, with hops and flut- 12 for me in their pristine beauty. prairie's hot fur coat," zharkoy shubi' masterpieces of Russian poetry is pre- ters ofdrresponsible invention weighed sibirskih stepey. The rich heavy pelisse, vented by the rigor of fierce fidelity down by the blunders of ignorance. If Lead me into the night where the to which Russia's Wild East is likened from parading as a good English poem; this kind of thing becomes an inter- Enisey flows, by the poet (this being the very blazon and the pine reaches up to the but I am also aware that it is true national fashion I can easily imagine of its faunal opulence) is demoted by star, translation, albeit stiff and rhymeless, Robert Lowell himself finding one of the adaptor to a "sheepskin" which is because no wolf by blbod am I, and that the adaptor's good poem is his best poems, whose charm is in its "shipped to the steppes" with the poet nothing but a farrago of error and 16 and injustice has twisted my concise, delicate touches ("... splinters mouth. in its sleeve. Besides being absurd in improvisation defacing the even better itself, this singular importation totally poem it faces in the anthology. When I fall in sawdust from the aluminum- A number of details in the text are destroys the imagery of the composi- think that the American college stu- paint wall . . wormwood ... three pairs ambiguous (for example, the word tion. And a poet's imagery is a sacred, dent of today, so docile, so trustful, so of glasses ... leathery love") adapted translated as "coward" is an homonym unassailable thing. eager to be led to any bright hell by in some other country by some emi- 50 The New, ,York Review