Army Spying Bared At Chicago 7 Trial By Sanford J. Ungar \\1-P3 Special to The Washinaton Port CHICAGO, Nov. 13—The de- fense in the Chicago Seven contempt trial said today it stations during the 1968 Dem. would seek dismissal of all re- ocrittic National Convention .snaining charges, on the basis here. of new Information that its of- Five' of the defendants were fice was spied on by Army in- convicted on the riot telligence during the 1989-70 charges,but those convictions Chicago conspiracy trial. were reversed on appeal, as - A former Army intelligence were contempt of court con- victions handed out by the officer, John Michael O'Brien, original trial judge, Julius J. testified in federal court here Hoffman of U.S. District Monday that he was assigned Court here. to keep tabs on the antiwar The government chose to re- defendants and their lawyers prosecute only the contempt during their original trial, case, and the trial on those sometimes with the goal of arsons. But they said they would charges is now being heard "pure harassment." without a jury by U.S. District O'Brien, now the narcotics wait to file their motion until after government cross-exami- Court Judge Edward T. Gig- agent in suburban Lake noux of Maine. .County, Ill., said that he nation of O'Brien, which pros- O'Brien, a surprise witness worked at one point with con- ecutor Gary Starkman prom- appearing under subpoena by victed Watergate conspirator ised would be extensive. the defense, testified that he G. Gordon Liddy, who he said O'Brien has testified in a often called the Chicago came here to "observe" the number of other court cases in Seven defense office to find 'Days of Rage" demonstra- recent years, Including an out the whereabouts and strat- tions by the Weatherman far. American Civil Liberties egy of the defense, and that Lion of Students for a Demo- Union suit against military in- sometimes he impersonated cratic Society that occured telligence. defendant Tom Hayden in 1 during the conspiracy trial, The 1969-70 trial, in which calls he made to a suburban He also claimed that his the defendants were Charged home where defendant Rennie unit—the 113th Military In- with conspiracy and crossing Davis was staying. telligence Group based in . state lines to incite a riot He said that his reports Evanston, just north of Chi- ' grew out of antiwar demon were not only sent through cago—received three or four military intelligence channels, cardboard cartons of docu. but were also passed along to menta, reports and papers" al- the Federal Bureau of Investi- legedly stolen from the Chi- gation, the Secret service, the 'cage Seven defense office dur- Chicago Police Department ' .ing a burglary staged by a and other investigative agne- group of Vietnam war vet- cies. cans calling themselves the Scheduled to testify at the "Legion of Justice." contempt trial Wednesday is Defense attorneys in the U.S. District Court Judge Rob- contempt trial immediately ert R. Merhige, of Richmond, drew comparisons with the Va., called to tell of the non- celebrated Pentagon Papers contemptuous "habits" of Chi- trial, in which it was revealed cago Seven defense attorney that the White House "plum. William M. Kunatler in ap- hers," including Liddy, staged pearances before him. a burglary at the office of a psychiatrist who had once .treated Daniel Ellsberg, the man who disclosed the top .secret Pentagon papers to the press. The attorneys, noting that the Pentagon Papers case was dismissed shortly after the dis- closure of that burglary and other "governmental miscon- duct," said they would con- tend that the Chicago Seven's Sixth Amendment right to a fair trial had been violated by the military intelligence tiger-