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April 17, 1969

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April 17, 1969 Ju ry Unable To Return Verd ict In Farb-Youn gberg Obscen ity Trial Throu ghout his 2-hour summation. Ster- And. he attacked the testimony of Hugh ¦ ¦* • -^"s^- ?>.,-^ u'J - '2 *&. ..is - , & ling repeatedly emphasized to the jury that T. Manchester, editor of the Centre Demo- all three conditions must be met in order crat, a Bellefonte weekly, because Sterling Defense Lawyer To Request for a guilty verdict to be returned. claimed Manchester had not read all of the Witnesses Testify Tunnel. Sterling referred to the witnesses who Sterling also told the jury that under testified that they did not believe the Water the law, if a particular publication affronts Tunnel conformed to the legal definition commumtv standards, it does not mean Court Dismissal of Charges of obscenity. These witnesses, professors of State College standards or Centre County English and psychology at the University, standards, but the nation's standards. By STEVE SOLOMON Water Tunnel .was not obscene. told the jury that the Tunnel Wo.-, not with- Collegian Staff Writer Under the law. material that has re- out redeeming social value and that it does To emphasize his point. Sterling showed deeming social value can not be ruled ob- not appeal to prurient interests. the jury numerous examples of pictures and The trial for two University students scene. "Vulgar language has not been deter- Sterling reminded the jury that the or- excerpts from books that he described as charged with publishing obscene literature mined by courts to be obscenity," Campbell dained ministers who testified saw nothing being as offensive or more offensive than resulted last night in a hung jury. said. objectionable in the paper. the Water Tunnel. A jury of , eight women and four men "Free speech has been sexually ac- deliberated more than seven hours before costed," Farb said last night. announcing that they were unable to reach "It is beyond the realm of human com- a' verdict. prehension that any jury even-in anal Cen- The jury was charged by Centre County tre County, considering the facts presented s Judge R. Paul Campbell to return a unani- in this case and the charge of Judge Camp- mous verdict. bell, could not a rrive at a verdict of not WaikerC a!lsfo r 59,000 Campbell called the jury in from its guilty," he said. chamber earlier in the evening and asked Centre County Dist. Atty. Charles C. whether they would be able to reach a de- Brown Jr.. who prosecuted for the Common- cision. At that time, the foreman of the jury wealth, was not available for comment after In Schol ars hip Funds reported that a verdict could be returned. the trial. Third Day of Trial 3 Requirements By RHONDA BLANK college committees and to help in the search The two defendants , Alvan Youngberg In his summation of the case, Starling for grants. and Eussel Farb. were in the third day of a told the jury that a verdict of guilty would Collegian Staff Writer The Advanced Student Loan Fund also has trial concerning the underground newspaper, entail a jail sentence or fine and would University President Kric A. Walker has been placed at the disposal of disadvantage! the Water Tunnel. Two other students, Jay give the defendants a criminal record. arranged for over S59.000 to be made available students. It will be used to cover their Shore and Tom Richdale, were discharged He said that in order for a finding of as a scholarship fund for the disadvantaged . University deposit. by the court Monday. guilty to be returned, all three legal re- The money consists of funds from the Supplementary Funds Defense attorney Thomas Sterling said quirements would have tn be filled. They General Educational Contribution Fund anci last night that he will ask the court to dis- are: was placed in the Office of Student Aid as ol The funds from the General Educational Photo by William Epstein Contribution Fund will be used to supplement , miss the charges against Youngberg and —that the dominant theme of the ma- March 1. ' Farb. terial as a whole appeals to one's prurient not to replace, the kinds which the colleges The money will be available to each of the already have made available for the support of While the Jury Deliberates ... Sterling said the defendants have the interest;. colleges and to designated Commonwealth wait in Centre County Courthouse, in right to another trial, either by jury or by —t hat the material is patently offensive Campuses to help suppo the disadvantaged students. The funds may he . The accused rt the disadvantaged used only for the students within the establish- Bellefonte. At left is Alvan Youngberg, editor of the Water a judge sitting as a jury. because it affronts community standards in students admitted under the special admissions Tunnel 'Not Obscene' the representation of sex; ed quotas business manager Russ Farb program. Tunnel, talking to Tunnel In his charge to the jury before it be- —that the material is utterly without re- Robert K. Dunham , coordinator of the According to the instructions for the use of and Farb' s wife, Judi. gan its deliberation, Campbell said that the deeming social value. University's Committee for the Disadvantaged , the fund, "the Coordinator of University Pro- explained that when the University requested grams for the Disadvantaged will determine each college to arrange for the admission of the amount of money from this fund to be disadvantaged students, the college deans were allocated, by the Olfice of Student Aid . to advised that no extra funds could be provided disadvantaged students in college and campus Vote on First Day by the University for the project. programs." 2,931 The instructions also say that " the Coor- Seek Own Funds dinator will take in to account such factors as Each college has had to provide its own number of students admitted to a college or funds for these students, either by searching campus program, degree of effort , amount and for outside scholarships and grants or by re- type of college or campus financing, and allocating funds within the college. present lack of disadvantaged students in a col- Dunham and his advisory committee have lege or campus progra m" when he allocates Election Figures Rele ased been working to coordinate the efforts of the the supplementary funds. By PAT DYBLfE that students must present s regularities in the HUB yester- 269; North Halls, 201: Sim- whose name appears on the current activities slip and theii day. mons Hall. 200; McElwain ballot, or not vote for any * -¦zpf itf - .rr-~s vox n yaaskfsmmtnsM Collegian Staff Writer matriculation card in order tc Soutar said that one instance Hall, 189 and the Mall, 125. other candidates: ? The Undergraduate vote. occurred when a voting Write-In Votes —pull the red-handled lever Student Government elections Eleventh and 12th-term stu- machine • was "programmed The elections commission to the left to open the curtains commission last night an- dents are eligible to vote for wrong so that senior class reported that student may cast and register your vote. nounced that nearly 3.000. stu- candidates for USG executive presidential nominee Tony a write-in vote in the following Roster of Candidates • Clifford was blocked out." He dents had voted in first-day positions, according to Miss manner: Candidates for the USG • balloting for USG executive Graziano. She also said that explained that two students —putt the red-handled lever voted in the irregular machTne presidency include Don Shall, positions and class presidential they may vote . on the referen- to the right to close the cur- Party for Student Interest posts. dum questions which will be before a third student issued a tains; complaint. According to Soutar (PSI) nominee: Barry Stein. J Gayle Graziano, USG elec- placed on ,the ballot. —do not push the levers independent, and Ted ? reported Vote on Amendments the machine was fixed im- down for the offices for which tions commissioner, mediately after the complaint Thompson, independent. fe that 2 , 931 undergraduates She explained that -two you want to write in a can- USG vice presidential can- questions regarding amend- was made. didate; J *««£» voted yesterday. Regarding the didates are Aran Arbittier, PSI f figure, she said ,' "I think we ments to USG's constitution The second irregularity was —raise the slide above the nominee, and Joe Myers, in- . will reach our turnout goal, but will be voted upon. To become caused by a machine handle numbered columns on the top dependent. <" that could not be pushed back row of the machine' directly the higher the turnout, the bet- permanent, both amendments Candidates for USG jE ter." Miss Graziano predicted must be ratified by" a majority by voters. ' Soutar said that above the office for which you treasurer are John Biesinger, & Monday a 15 to 20 per cent of students voting in the elec- printed ballots were used until wish' to vote: independent, and Ted voter turnout. tion. the machine was repaired. —write in the person's name , . by Itzkowitz. PSI nominee. " . ' totals have not The fi rst question regards The breakdown of votes on the exposed brown paper: Candidates c o n g ressional reapportion- polling area is East Halls, 742; —to continue to write in a Senior class presidential can- yet been tabulated. Miss didates are Tony Clifford , Lion !,^ ment. Students will vote HUB. 606; Pollock Area. 306; candidate for each office, pull • Graziano said that final elec- (Continued on page three) > available whether or not to accept an West Halls, 293; South Halls, the lever to vote for a person tion results will be amendment which calls for one late tonight.
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