0 1970, The Washington Poet Co. 43(1 Year • No. ,243 anything about it. And I wouldn't believe it." One alternate, asked what he thought of the headline, said "I didn't vote for Nixon in the first place." It brought one of the few laughs in a tense courtroom day. The afternoon session of the trial had just got under way when:the 35-year-old codefend-

ant picked up a copy of The Times and held it in his hands so that the jurors 30 feet across the room could see it clearly. "Your honor!" shouted Dep- uty District Attorney Aaron Stovitz, first to notice what Manson was doing. A sheriffs deputy snatched the newspaper from Manson's hands.

Manson was seated as he held up the banner line paper United Press International and he smiled and fingered his beard as it was taken away Jurors' bus has blackienr, windows to prevent their seeing anything prejudicial. L from him. His three young (,-% '4 5. iu- women codefendants giggled. Linda Kasabian, key prose- cution witness who had been Manson Shows Headline under cross-examination, turned to her attorney and said: To Jury; Mistrial Bid Fails i See MANSON, A4, Col. 3

By Jack V. Fox leader. Then Manson took United Press International things into his own hands and LOS ANGELES, Aug. 4— brought about an incident sneaked a which sent lawyers scurrying newspapei Into the Tate mur- back into the judge's cham- MANSON, From Al der trial today and held uP be- bers to discuss this newest in- fore the jury the headline cident. "Look what Charley's "Manson Guilty, Nixon De- Later the judge questioned doing." clares" while attorneys were each juror out of the presence The court immediately or- conferring at the bench with of the others. Ten of the 12 the judge. and all six alternates said they dered the jury out of the court After a lengthy hearing into had seen the headline, but all room and an open hearing the incident, the judge once but one said it could not affect began on Manson's actions. again denied a mistrial and or- their judgment of the case. One member of the jury dered one of the defense attor- One juror said, "Subcon- neys jailed for "willful con- sciously it may but I certainly gasped as she saw the head- tempt." hope it wouldn't." line. A few hours earlier, Supe- Another, a retired deputy After questioning the ju- rior Court Judge Charles H. sheriff, told the judge, "I don't rors, Judge Older ruled for Older had refused to declare a believe Mr. Nixon knows any- mistrial because of President thing about what it going on Nixon's remarks about the here and has no right to say guilt of the bearded cult the second time today against the Ambassador Hotel, where declaring a mistrial. they stay overnight, was He found that Daye Shinn, routed so that it went past no an attorney for codefendant newsstands. , had left the On the way to the court- newspaper on the defense house this morning the win- table where Manson could dows of the bus were blotted reach it. Older ordered Shinn out with metallic paint so the jailed three nights for willful jurors could see nothing, contempt. "They could be in a Tibetan monastery and not be more se- The newspaper and a copy cluded from the outside world of another Los Angeles news- than they are now," a spokes- paper had been presented as man for the sheriff's depart- exhibits when defense attor- ment said. neys argued earlier in the day Older said their exposure to for a mistrial. television, radio and phone Older said during the morn- calls also was stringently re- ing session that the comments stricted. made by Mr. Nixon had been One member of the prosecu- "grossly overplayed" and re- tion staff told the judge the jected a motion to declare a state wished to apologize for mistrial. opposing earlier in the trial Judge Older also turned Older's order to sequester the down a defense request for a jury. full examination into whether the jury had been "exposed" Not Necessary to Mr. Nixon's remarks, re- "No apology is necessary," vealing that he had taken Older replied. "special precautions" to see Manson made one more that they were not. final attempt to get court per- With the jury outside the mission to act as his own at- courtroom, Older quickly dis- torney, standing up and tell- posed of a flurry of defense ing the judge: motions, including one to "Your honor, in view of the "censure" Mr. Nixon for his publicity and it doesn't look comment in Denver Monday like it is going to stop, I re- that Manson was directly or quest this court to allow me to indirectly guilty of eight mur- be able to confront witnesses ders. and to take part in these pro- ceedings so that the whole Unusual Steps world, which is so badly misin- The White House took untr- formed, will know' what is sual steps to clarify the Presi- going on here. "I might be dent's statement, explaining able to straighten out this mess that he omitted the word "al- straighten out this mess legedly" and adding that he you've made. You've certainly did not "intend to draw guilt made a mess of it." on Manson." , Older denied the motion Judge Older said that as and told Manson to sit down, soon as he learned of Mr. Nix- which he did quietly. on's remarks the bus in which But a few hours later, Man- the jurors are transported to son sprang his bombshell. thought it would not, and re- newed her juror's oath, No. 3, William T. McBride II, said he saw the headline. What did he think of it? "If the President did say that, it was pretty stupid of hlm," McBride replied. Would it affect his ability to be a fair juror? "I don't think so, but it may," McBride replied. "Subconsciously it may but I certainly hope it wouldn't." No. 4, Alva Dawson, a re- tired deputy sheriff, said he saw "Manson Guilty" and that another juror told him the rest of the headline was "Nixon Declares." What did he think of it?

"I don't think anything of it. I don't believe Mr. Nixon knows anything about what is going on here and has no right to say anything about it. And I wouldn't believe it," Dawson said. Masadaled Pre Jean Roseland, an airline Charles Manson's attorney, Irving Kan arek, meets secretary, said she saw the newsmen after his motion for a mistrial ivas denied. word "Manson" and looked away because she knew she had been instructed not bo read anything about the case. She said she could be Jurors Polled fair and, like the others, was resworn. LOS ANGELES, Aug. 4— headline said?" No. 6, AnleeSisto, said he saw the bailiff snatch a When the headline flashed "I believe it said some- thing like 'Manson Guilty,' newspaper out of the de- before the jurors' eyes— Nixon Declares' or 'Says.' " fendant's hands and saw the "Manson Guilty, Nixon De- "What do you think about word "Manson," but that clares"—Judge Charles H. what you saw? was all. William M. Zamora said Older immediately ordered "Nothing, it's just a head- he did not see the incident line. Other than that, noth- the jury removed from the ing.. at all but only heard some- court room. one shout. Then, one by one, the The judge then ordered Maris Mesmer, a retired her to re-take the oath all newspaper drama critic, said seven men and five women jurors had taken, vowing she saw the headline. Would jurors were brought of the they would fiecide impar- it affect her performance as witness chair to tell what tially. a juror? they saw and thought of the Juror No. 2, Shirley . "Na. No one does my split-second courtroom ac- Evans, said she also read the thinking for me." tion. headline. "What did you Other Four think of what you saw," The other four members First was Thelma Mc- Older asked. of the panel of 12 regular Kenzie, a middle-aged "The first thing I thought jurors, John M. Baer, Mrs. woman with a large red wig. was that's ridiculous. I don't Evelyn J. Hines, Walter Older asked her if she had believe the President of the Vitzelio and Herman Tub- ick, all told the court that noticed an- Incident while would say a thing like that. I think he although they saw parts of the lawyers were confer- has more important things the newspaper incident they ring; she said she had. to do." felt they could remain im- "What did you see?" partial and competent ju- asked the judge. Renewed Oath rors. Each in turn was re- "I saw Mr. Manson raise a Assuming the President sworn. newspaper in front of him did make such remarks, the Judge Older then began and then I turned away my judge asked, did Mrs. Evans questioning the six alternate eyes." think it would affect her im- jurors. "Could you read what the partiality? She said she