trial:Another Chicago New York (LNS) — Four days a denied reading mewl anct rec- day. The first week of the trial, week, Monday through Thursday, reational facilities. Their rela- posters taken from the house of thirteen sit down tives were denied full visiting defendant were together to face trial in the privileges; their lawyers were shown to one of the state's wit- Supreme Court of New York. Ten harassed by prison officials. nesses, Detective Coffey. There months ago District Attorney Sitting before them is Judge were five posters, one of two Frank Hogan charged them with John M. Murtagh. Murtagh is a black athletes raising clenched conspiring to blow up department sly fox. He tries to maintain his fists at the Olympics, another of stores, to murder policemen, to cool. His fundamental point is Huey P. Newton smoking a ciga- dynamite railroad lines, and to that the trial isn't political. It's rette, a third of Huey and Bobby explode the Botanical Gardens. a criminal case, he contends; G. Seale with guns, a fourth of a So New York City's Panther lead- the defendants are not on trial black mother and her child, and ership has spent 10 months in jail for their ideas; they are not on the last of Mao Tse-tung. The without trial. trial for being members of the audience cheered when the post- One of the defendants, Afeni , but for their ers of Huey and Bobby were held Shakur, said that black people criminal acts. But Murtagh has up. When asked why he had torn knew the plot was a frame-up. sustained the political atmos- the posters off the walls, even "Why would the Black Panther phere which has surrounded the though he did not have a search Party bomb the stores that peo- trial from the start. warrant, Detective Coffey, who ple shop in?" she said. On April 2, 1969, D.A. Hogan Among the 13, it is sus- has admitted he believes the appeared on television and out- "Panthers should be eliminated," pected, there is a police informer, lined for the public a gruesome a Judas. In the course of the trial said that the posters "provided story of planned Panther atroc- evidence of conspiracy." Asked he will probably reveal his iden- ities. D.A. Phillips, who -is pros- how a poster of two black ath- tity and testify about the con- ecuting the case, calls the Pan- letes raising their fists gave spiracy. Now, no one knows for thers "a terrorist organization." evidence of conspiracy, he was sure who he is. Judge Murtagh, aiming to main- unable to answer. In the beginning there were 21 tain the public image of the Pan- Murtagh has launched a three- Panthers named in the indict- thers as a desperate terrorist ment Three of them — Nathaniel fold attack. On the opening day, in group, has instructed the police to a highly irregular procedure, he Burns (also known as Nathaniel search the courtroom for bombs. had the Panthers separated from Williams), LarrY Mack, and Outside the courthouse at 100 their lawyers, lawyers on one Thomas Berry — have eluded the Center Street a police closed- police. Someplace, somewhere, side, Panthers on the other side of circuit television camera takes the court. These physical condi- they are free. Two other men for pictures of everyone who enters tions made it impossible for most whom arrest warrants were orig• and leaves the building. Uniform- of the 13 defendants to consult with inally issued — Kwesi Balagoon ed policemen surround the build- their attorneys. (also known as Donald Weems) ing; they line the corridors in- From the start of this case the and Richard Harris — are being side, and there are over 30 court (Please turn to Page 17) held on charges of robbery in attendants, each with a pistol un- Newark, New Jersey, where der his blue uniform, in the Mayor Addonizio faces charges of courtroom itself. Murtagh has graft and corruption. A 22nd de helped to create what Panther fendant, Fred Richardson,was tack- attorney Sanford Katz calls the (fromPage 14) ed on to thttlattater on. lib was atniosphereof "an armed camp." released in $25,000 bail, and judges and the D.A.'s have tried On the fourth day of the trial, to block communication between skipped a hearing last year. He Phillips and Murtagh worked hand the Panthers and their lawyers — has not been seen or heard from in glove to build the political since, and the Panthers say he is the Panthers were held in dif- hysteria against the Panther& The ferent prisons making it impos- not a member of the Black Pan- witness for that day, Detective ther Party. sible for their lawyers to meet William Halloram, is a personal with them together as a group. Only Recently two other men have friend of the Judge. His wife is been added to the indictment •-- after prolonged court battles were Murtagh's private secretary. the Panthers placed together in the Kinshasa (also known as William When the defense asked Halloram King) and Shaba-Um (Lee Roper). same jail. to give his address, Phillips ob- For the first week of the trial That makes 13: , Joan jected, saying that he Bird, Dr. Curtis Powell, Robert .:had board Murtagh denied the defense a copy black people in the audience say of the court transcript. Tran- Collier, Dahruba (Richard Moore), they would. "kill pigs," and that Alex McKiever, Lumumba Abdul scripts are essential to the de- they would "settle this thing in fense's ability to show contradic- Shakur, Ali Bey Hassan (John J. the streets." Murtagh sustained Casson), Walter Johnson, Michael tions in the prosecution testimony. Tabor, Clark Squires, Shaba-Um, Phillips' objection. He noted that Defendants who are poor are and Kinshasa. these brave witnesses were taking Three Panthers have had their their lives in their hands by ap- cases severed from the others. Rearing in court to testify. He said Two high school students, Lonnie that the court was dealing with Epps, 17, and Eddie Josephs, 17, dangerous criminals. Phillips were granted youthful offender added that policemen all over the status. Lee Berry, an epileptic country had been killed by Pan- February 20, 1970 who is in critical condition in thers, When defense attorney Bellevue Hospital, has also been William Crain reminded the court separated from the current trial. of the murder of For 10 months these Panthers and by Chicago pigs, have been held in jail. They were Murtagh pounded both his fists kept in solitary confinement with on the table, and said, "1 refuse lights burning 24 hours a day. to make any comment on that Several had, no mattresses to statement." He had blown his sleep on. Joan Bird and Afeni cool. Shakur were given four sheets The courtroom is a battle of toilet tissue _a day.k They were ground. A war goes on every ordinerily given the transcript free. Murtagh has insisted that the defendants prove they are in- digent. When they were first arrested, April 2, they were poor. After 10 months in jail, they have Page 17 become no richer, especially with dating the lawyers, using the with his lawyeMe got up out of any money they can raise going to- threat of prison sentences for con- his seat and proceeded to walk to- ward their bail; many of the Pan- tempt in an attempt to force them ward the lasiyer. Immediately, a ther wives are on welfare. It took to control their own clients. court attendant grabbed hold of a week of battling with Murtagh to Murtagh is concerned with ap- him and pulled him down. The get a free copy of the transcript. pearing liberal. Three of the de- other Panthers jumped up to pro- Since they are poor, the size of fendants are Muslims, and observe test. the bail is equivalent to no bail at Friday as a high religious day. The second outbreak occurred all. Eleven of the 13 Panthers are Murtagh granted their request to when Murtagh refused to grant held in $100,000 bail apiece, two cancel court on Friday. So, while the defense a transcript until fur- others on $50,000 each. Three in fact he denies them a fair trial, ther evidence of their indigency days before the trial began, Afeni Murtagh can say, "Look, I've re- was offered. He was also attack- Shakur was released from the spected their beliefs." Freedom of ing attorney Crain. The tension woman's House of Detention; religion. in the courtroom was building up. Episcopalian and Presbyterian For all these reasons — because Dr. Curtis Powell got up and Churches put up funds for her re- he has misrepresented the truth, called the judge a "Fascist Pig." lease. and because the District Attorney Dahruba got up, and told Murtagh When Afeni Shakur stepped out saw to it that Murtagh was the "You're the criminal." Then of jail she said that "not for one judge in this case — the defense at- Mary Ann Weissman, a member second did the 21 doubt the people." torneys have asked that he step of Youth' Against War and She told a group of Panthers and down. Gerald B. Lefcourt argued Fascism, stood up in the audience, white revolutionaries that the that Murtagh "sits at the D.A.'s and asked Murtagh "Who judges "struggle is a lifetime thing," table," noting that there is not your conduct?" Dahruba shouted that "you're supposed to be tired. even the "appearance of justice out, "The People. The People." You're supposed to be dead tired in this court." Mrs. Weissman continued, "You from waging the struggle." would have been found in contempt- Judge Murtagh is also waging a It isn't really a courtroom. No long ago. I have as much right as war against the lawyers who are one, except Murtagh and Phillips, anyone to speak when I see an in- defending the, Panthers. He has is under that illusion. To the peo- justice done." Murtagh ordered accused them of being incom- ple, it is a meeting hall, a class- her removed from the courtroom. petent, of inciting disorders and room, a political rally. The black women sitting next to violence in the courtroom. Murtagh The 13 Panthers dominate that her pushed the court officials told the lawyers that he wanted an room. It isn't the Judge who pre- away. They protected her. The 13 "overseer" from the appellate sides, but Dahruba, Richard Panthers stood and said, if she division of the judiciary to sit in Moore. Dahruba is like a stick of leaves, we leave too, and started the courtroom and rule on the dynamite. He's explosive. He's on to walk out. Lonnie Epps, one of ethics of their tactics. Since he top of the judge, ahead of the action the original 21, who was sitting has no power over the 13 Pan- every second of the way. Whenever in the audience, out on $10,000 thers, since they are in no way there is a violation of the Pan- bail, was caught in the middle of intimidated by his threats of long therm' constitutional rights, when- the fight. He was rearrested and prison terms, Murtagh is intimi- ever there is evidence of the charged with felonious assault Judge's, or the D.A.'s racism, against a policeman, felonious he speaks out. He raps in the court- assault• against a court officer, room to the people, and the peo- resisting arrest, and contempt of ple listen and applaud and rap back. court. He has so far been denied So far Murtagh has not had the bail. Panthers bound and gagged. But Mary Ann Weissman was arrest- that may yet happen. Dahruba ed, found guilty of contempt of told Murtagh, "We will overturn court and sentenced to 30 days in this pig pen every day." If he and jail. Before she was taken away the others continue to do so there she told the audience in the may be 13 Panthers bound and courtroom that she came to gagged in the Supreme Court of "protest this monstrous, to- New York before the' trial is over. tally incredible frame-up of the An education is going on.. Amerika young. Panther Party defendants." is on trial. When the D.A. talks She said that she expressed about the Panther conspiracy, Dah- "the solidarity of thousands of ruba gets up and says; yes, there young white people in New York is a conspiracy, that "black people City who feel the same way and have been conspiring for their support the Black Panther Party freedom for 400 years." When the in its heroic defense of its peo- judge tells him he is out of order, ple." he says, that's right judge. "Black plople are out of order too. We'll One trial ends. Another be- be disorderly until there is a new gins. The -Conspiracy trial is al- order in Babylon." When Lumumba most finished in Chicago. Judge Shakur raises his fist and shouts, Hoffman has declared that the "Down with U.S. Imperialism," defense has ended its case. Now the audience goes wild. another. long case is beginning. In the first week there were two And from the opening sessions it outbursts. looks like it will be the toughest The first instance occurred when trial since the trial of Huey P. Michael Tabor tried to communicate Newton.