MR. SCHULTZ: Will you please state your name?
THE WITNESS: Robert Murray.
MR. SCHULTZ: What is your occupation, please, Mr. Murray?
THE WITNESS: I am a Police Sergeant with the Chicago Police Department.
MR. SCHULTZ: Mr. Murray, during the week of the Democratic National Convention in August of 1968, where were you assigned, please?
THE WITNESS: I was dressed in casual clothes, wash pants and jacket.
MR. SCHULTZ: On Sunday evening, August 25, 1968, in Lincoln Park, between nine and ten o'clock at night, did you have occasion to observe a person named Jerry Rubin?
THE WITNESS: Yes, sir, I did.
MR. SCHULTZ: At the time you saw Rubin what, if anything, did he have on his head?
THE WITNESS: He was wearing a football helmet.
MR. SCHULTZ: When you observed Rubin, what, if anything, was he doing?
THE WITNESS: The first time I observed him he was standing there and he was talking with a newsman from ABC.
MR. SCHULTZ: Would you relate, please, what you heard?
THE WITNESS: The conversation was on a first-name basis and the newsman said, "Well, Jerry, how di you feel your program will be accepted on the college campuses this fall?" and I heard Mr. Rubin say, "Well, I feel that it will be accepted very well by the kids because they are fed up with the power structure."
The newsman said, "Well, we are going to get some coffee. We haven't had our coffee yet." and Mr. Rubin said, "Well, wait, don't go right now. We're going out in the ball field," and he pointed in the direction of the ball field, and he says, "we want to see what these pigs are going to do about it," pointing to the police officers that were standing in front of this park house.
MR. SCHULTZ: How many police officers were standing there?
THE WITNESS: There were ten policemen and one sergeant.
MR. SCHULTZ: Were they dressed in police uniform?
THE WITNESS: Yes, they were.
MR. SCHULTZ: Would you continue?
THE WITNESS: He said, "We're going out to the ball field. We want to see what these pigs are going to do when we go out there." And the newsman said, "Well, when are you going?" And he said, "Right now." He said, "O.K., we'll wait." And Mr. Rubin and the other man he was with walked out onto the ball field and I just stood there behind the newsman.
MR. SCHULTZ: What occurred then?
THE WITNESS: Then I heard this man that was with him say to Mr. Rubin, "Now's the time for the flares or the fires." I don't know which word it was.
MR. SCHULTZ: Then what did you hear, please?
THE WITNESS: I heard Mr. Rubin say, "No, not now," and the other man said, "Nothing's happening. Now's the time for the flares or the fires."
Then I heard Mr. Rubin say, "OK, go get them." and at this this man turned and went out of the park going west.
MR. SCHULTZ: Then what occurred, please?
THE WITNESS: Then Mr. Rubin turned and he began to shout in a loud voice, and he used some profanity.
MR. SCHULTZ: Your Honor, I want to ask that the witness be permitted to state what was said, even though some of those words are profane words, your Honor. They are four-letter words.
THE COURT: It occurs to me that it isn't necessary to obtain the permission of the Court. A witness may testify to what he heard. I don't mean to say that people will necessarily enjoy hearing profane words, but if profane words were spoken, part of a conversation, part of something an individual had said, I think it is appropriate in law that the witness so testify.
MR. SCHULTZ: Would you relate what Rubin said when he was waving with his arm?
THE WITNESS: He looked over his shoulder, and he says, "look at these motherfucking pigs standing over here."
He says, "They have to be standing in the park protecting the park, and the park belongs to the people. Let's get these fuckers out of here."
MR. SCHULTZ: Then what occurred, please?
THE WITNESS: Well, the people began getting up, picking up their belongings and blankets and started walking over by him, and they also shouted the same things.
MR. SCHULTZ: As the people started to get up, did you observe Rubin at that time?
THE WITNESS: Yes sit.
MR. SCHULTZ: Did he say anything else ?
THE WITNESS: Yes, sir. He says, "The pigs are in our park. They're ----" the same word I just used ---- "m-f-ers, they're shitheads," and he began to walk toward them.
MR. SCHULTZ: What, if anything, did the people who got up---what did they start to do, please Mr. Murray?
THE WITNESS: The people with Mr. Rubin were yelling, "They're m-f-ers and they're s.o.b.'s"
MR. SCHULTZ: Where was Rubin in relation to the other people as he was walking to where the policemen were?
THE WITNESS: He was right in front of them.
MR. SCHULTZ: What did the police do as the crowd approached them.
THE WITNESS: They backed up against the wall.
MR. SCHULTZ: Would you relate, please, what, if anything, you observed Rubin do?
THE WITNESS: Well, as the crowd approached and stopped they were yelling things, and Mr. Rubin yelled, "You're children are pigs, you're pigs, why don't you get out of the park? Let's get them out of the park!" and the crowd was yelling "White honky m-f-ers, get out of our park! And then I heard Mr. Rubin say, "Look at them. They look so tough with their arms folded. Take off your guns, and we'll fight you hand to hand." And the crowd began to yell the same things.
MR. SCHULTZ: Then what occurred, please?
THE WITNESS: Then I observed Mr. Rubin take a cigarette butt and flick it.
MR. SCHULTZ: And then what occurred, please?
THE WITNESS: Well, then people in the crowd started throwing cans, bottles, stones, small rocks, paper---newspapers that had been crumpled---paper bags, food wrappings.
MR. SCHULTZ: What, if anything, were the ten policemen and the sergeant doing at this time, please?
THE WITNESS: Well, some of the police officers were ducking, and some of them were just standing there in a position like this. (demonstrating)
MR. SCHULTZ: Did you observe where Rubin went--- if he went anywhere---near the end of this ten minute period that you have just described?
THE WITNESS: Almost everyone in this crowd of approximately 200 was screaming something, and I observed Mr. Rubin, who was to my right, start walking backwards out of the crows.
MR. SCHULTZ: Now, calling you attention to the twenty-sixth of August, did you have occasion to see the defendant Jerry Rubin in Lincoln Park on that night?
THE WITNESS: Yes sir, I did.
MR. SCHULTZ: Would you relate what you heard, please?
THE WITNESS: I heard Mr. Rubin saying that the pigs started the violence, and he says, "Tonight, we're not going yo give up the park. We have to fight them. We have to meet violence with violence." He says, "The pigs are armed with guns and clubs and Mace, so we have to arm ourselves," with any kind of weapon they could get.
MR. SCHULTZ: Do you recall any further statements by him at this time?
THE WITNESS: I don't recall what else he said, but he ended it with saying, "And don't forget our gigantic love-in on the beaches tomorrow."
MR. SCHULTZ: Did you have occasion to see Rubin again that night?
THE WITNESS: I saw him walking through the park, walking up to small groups, having a conversation with them and leaving, going from group to group.
MR. SCHULTZ: What did you hear said, please?
THE WITNESS: I heard him say that "We have to fight the pigs in the park tonight," that "we're not going to let them take the park."
MR. SCHULTZ: Now, just before eleven o'clock that evening---this is on Monday night, August 26, 1968---what, if anything, did you observe the crowd do?
THE WITNESS: Well, I observed the crowd---people in the park running through the park, gathering up---carrying park benches and tables. All the tables in the
park, they were carrying them to the northeast corner of the park. They were breaking branches off the trees, big limbs. There was lumber, carrying it like over their shoulders, and they were taking all the wastebaskets that were in the park, and some of them the regular type basket and others box-shape, and they were carrying it back to this northeast corner of the park. At this time many people were entering the park, and this crowd became larger and larger by the minute, and they kept piling different items on top, and jamming baskets in between tables and benches, and they were shouting, "Hell, no, we won't go! The park belongs to the people! Fuck Lynsky! Kill the cops!" Things like that.
MR. SCHULTZ: And while the crowd was shouting these things, what, if anything, did the police do?
THE WITNESS: Well, a car approached with microphones on the roof, and it ws making an announcement that the park was closed and anybody found in there would be placed under arrest, and of course, when this car would start the announcement, the shouts and screams were louder, and then rocks--- some of the people behind the barricade ran to the left of the barricade and came closer to this police car and threw rocks at it.
MR. WEINGLASS: If your honor please, I object to this line of questioning. There has been no foundation. There have been no preliminary questions as to what defendant, if any, was nearby relating to this incident.
THE COURT: You may justify the asking of the question.
MR. SCHULTZ: Yes, your Honor. Two hours prior to this incident, this witness testified the defendant Rubin encouraged this action. This is the product or part of the product---
MR. WEINGLASS: That is precisely what I was talking about. I think this is most unfair to permit a summation in front of the jury.
THE COURT: I overrule the objection.
MR. SCHULTZ: And then after the police car was hit by the objects, what occurred, please?
THE WITNESS: Shortly after, eight to ten policemen approached.
MR. SCHULTZ: And what occurred, please?
THE WITNESS: Objects came from the crowd, from behind the barricade again, bricks and stones, mostly, bottles and cans, and one policeman turned, started running back, fell down, and they cheered, and the policemen retreated.
Then they came up again but behind them came a skirmish line, one line of policemen shoulder-to-shoulder behind them, and the police shot gas--- I should say threw gas---at the barricade.
MR. SCHULTZ: Then what occurred?
THE WITNESS: Well, everything, objects just pulled out from behind the barricade, people behind the barricade rolled these wastebaskets that were filled with paper, they lit them and they rolled them down the incline toward the policemen.
Finally, just as the police got close to the barricade, everybody started running out of the park.
MR. SCHULTZ: Did you run out of the park?
THE WITNESS: Yes.
MR. SCHULTZ: Your Honor, I have no further questions on direct examination.
* * * * * * *
MR. KUNSTLER: Now, you have testified on direct, as I understand it, that on Sunday, August 25, you had been in Lincoln Park, is that correct, at some time, about between 9:00 and 10:00 p.m.?
THE WITNESS: That's correct.
MR. KUNSTLER: Were you told to watch any particular people?
THE WITNESS: No, sir, I was not.
MR. KUNSTLER: Did you know Jerry Rubin before you entered the park?
THE WITNESS: No, sir, I did not.
MR. KUNSTLER: Had you ever seen him before?
THE WITNESS: Personally, no, sir.
MR. KUNSTLER: Had you seen pictures of him?
THE WITNESS: Yes, sir, on TV and newspapers and magazines.
MR. KUNSTLER: When you saw him in the park that day, you recognized him because you had seen him on TV and in magazines, is that correct?
THE WITNESS: Well, I thought it was him, and then there was a boy standing next to me, a teenager, and he said, "There's Jerry Rubin with the helmet. Now things will start happening."
MR. KUNSTLER: And there is no doubt in your mind, is there, Sergeant, that this was Sunday, August 25?
THE WITNESS: No, sir, there's no doubt.
MR. KUNSTLER: Is it not true, Sergeant Murray, that you told the FBI that this incident occurred on Monday August 26, 1968, instead of Sunday, August 25, 1968?
THE WITNESS: That's correct.
MR. KUNSTLER: When did you come to the conclusion that you had reported as to the incident some two weeks afterwards happened on a different day than you
told the FBI?
THE WITNESS: I found out my mistake the first time that I was interviewed by a U.S. Attorney, who was U.S. Attorney Cubbage.
MR. KUNSTLER: Now, you also told the FBI, did you not, that the second incident which you have described as happening on August 26, on Monday evening, you told the FBI, did you not that that occurred on Tuesday night, August 27?
THE WITNESS: That is correct.
MR. KUNSTLER: And is it your testimony now that that, too, was a mistake
THE WITNESS: Yes, sir, it is.
MR. KUNSTLER: Now, when you first saw Mr. Rubin between nine o'clock and ten o'clock on the 25th, as you now testify, what was he wearing in addition to the football helmet.
THE WITNESS: Well, the football helmet was white, it had a blue stripe down the middle, it had a number "88" on the back. He had a sweater or sweatshirt, as I recall, tied around his waist with the sleeves like tied in front, and I believe he was wearing blue jeans or work clothes, as I would describe them.
MR. KUNSTLER: You said Rubin made some remarks to the police such as "you're pigs," and "Get out of the park" and "take off the guns and we'll fight you," and so on.
THE WITNESS: Yes, sir.
MR. KUNSTLER: Now, at that moment I think you said that Jerry Rubin flicked a cigarette butt, is that correct?
THE WITNESS: That's right.
MR. KUNSTLER: Had you seen Jerry Rubin smoking up to this time?
THE WITNESS: No, sir, I didn't.
MR. KUNSTLER: Never saw him smoke, did you?
THE WITNESS: No, sir.
MR. KUNSTLER: When did you see him light his cigarette?
THE WITNESS: I didn't see him light the cigarette.
MR. KUNSTLER: How did the cigarette suddenly appear in his hand, if you know?
THE WITNESS: I don't know.
MR. KUNSTLER: It suddenly is there, is that what you are saying?
THE WITNESS: Yes. He was right to my right, and he took his arm like this, and that's when I saw him flip the cigarette like this.
MR. KUNSTLER: When he flicked the cigarette, what else happened?
THE WITNESS: Well, other people started throwing things.
MR. KUNSTLER: Was that the signal in your mind for other people to throw cigarettes? Is that what you regarded it as?
MR. SCHULTZ: If the Court please, I object to that.
THE COURT: I sustain the objection.
(the court is adjourned for the day)
October 3, 1969
MR. KUNSTLER: Your Honor, in the hope of possibly nipping this in the bud, I would like to ask your honor to at least caution the prosecution to adhere to Canon 7 of the American Bar Association's annually adopted standards and I am referring to the one called "Ethical Consideration" which states:
"A lawyer should not make unfair or derogatory personal reference to opposing counsel. Harangue and offensive tactics by lawyers interfere with the ordinary administration of justice and have no proper place in our legal system."
The remarks that were made by Mr. Foran and Mr. Schultz over the course of this trial on the personal level, the references to television actors and Channel Seven and the like, as well as others which are in the record---
THE COURT: I made a reference to your appearance on television.
MR. KUNSTLER: But not in a derogatory way, you Honor.
THE COURT: I would say a lawyer should always be a gentleman in court. Ours is first of all, Mr. Kunstler, a profession of good manners. I insist on a lawyer having good manners before I even determine whether he is a good lawyer.
MR. KUNSTLER: Your Honor, we were called unethical. I can't think of a grosser insult to an attorney in a courtroom than to be called unethical by opposing counsel. If that is not derogatory---
THE COURT: I wish you would read a document you filed here which I have ordered impounded, and I don't know how you describe that---
MR. KUNSTLER: Your Honor, that is a legitimate attack in a disqualification motion and your Honor knows that as well as I do. That is a legitimate attack.
THE COURT: Don't tell me what I know. I know what that document is because I am a student, I hope, of English. And you should follow the same rules, Mr. Kunstler, and I will ask the Government lawyers to do as I suggest.
Mr. Schultz, if you think some very forceful criticism of counsel on the personal level is indicated, in such an event please ask me to exclude the jury.
MR. SCHULTZ: We will do that, your Honor.
THE COURT: Mr. Marshal, please bring in the jury
(jury enters)
You may continue with the cross examination of this witness, Mr. Kunstler.
MR. KUNSTLER: Sergeant, you testified on direct that on Monday evening you saw a barricade being built, is that correct?
THE WITNESS: Yes, sir.
MR. KUNSTLER: Did you see any physical contact between the police and the people in the vicinity of the barricade.
THE WITNESS: No, sir. I saw bricks and bottles and I saw some of them hitting the policemen.
MR. KUNSTLER: Did you see any of the policemen hit by any of this material.
THE WITNESS: Well, there was one of them that went down as if he was hit, but I couldn't see him get hit. But I saw others being hit as they turned running, I saw things hitting them.
MR. KUNSTLER: Now, Sergeant, just a few more questions, and I am now going back to the preceding night.
Sergeant, I want you to detail for me exactly what Mr. Rubin was wearing on the night of Sunday, August 25, when you first saw him.
THE WITNESS: He was wearing a football helmet. It had a blue stripe down the middle, I would estimate a half-inch stripe, down the middle of this helmet, from the forehead to the neck.
MR. KUNSTLER: Now, you mentioned something about the numbers "88," as I recall, Where were they?
THE WITNESS: On the back, on "8" on the left of the stripe and one "8" on the right of the stripe.
MR. KUNSTLER: Now, Mr. Rubin had this helmet on his head, I understand, during all of the time you saw him on Sunday night.
THE WITNESS: Yes, sir.
MR. KUNSTLER: Can you describe for us the length of Mr. Rubin's beard that night?
THE WITNESS: Well, it---it was not long.
MR. KUNSTLER: But would you say in a matter of inches?
THE WITNESS: Half inch, quarter inch, half inch, something like that.
MR. KUNSTLER: What about Mr. Rubin's height? How tall would you say he was?
THE WITNESS: Five-seven.
MR. KUNSTLER: And how much did he weigh, if you can estimate?
THE WITNESS: About 145 pounds.
MR. KUNSTLER: Now, are you absolutely certain that the man you saw that night with the football helmet with "88" on it was the same defendant, Jerry Rubin, who is sitting here in court today?
THE WITNESS: Yes, sir.
MR. KUNSTLER: There is no question in your mind whatsoever?
THE WITNESS: No, sir.
MR. KUNSTLER: All right. May I have the witness, please
MR. SCHULTZ: Objection.
THE COURT: May you have what?
MR. KUNSTLER: I want him to look at a man, your Honor, and ask him if that was not the man he saw in the park that night.
THE COURT: I sustain the objection.
MR. KUNSTLER: Your Honor, it is like a document. It is perfectly proper to ask if this was the man he saw.
MR. SCHULTZ: Your Honor, it might be out of order, but it will save time. I won't object to that.
THE COURT: You won't object to it?
MR. SCHULTZ: No.
THE COURT: I thought you did. Your objection is valid.
If the Government doesn't object, let him walk in.
(Robert Levin enters the courtroom)
MR. KUNSTLER: Would you put on the helmet on, please?
Are you absolutely sure that this is not the man you saw that night in Lincoln Park?
THE WITNESS: Absolutely.
MR. KUNSTLER: You are absolutely certain?
THE WITNESS: Yes, I am. He's too big.
MR. KUNSTLER: Would you turn around also and show him the back of the helmet.
THE WITNESS: That's a motorcycle helmet.
MR. KUNSTLER: That is not the helmet you saw that night?
THE WITNESS: No, it was a football helmet.
MR. KUNSTLER: Your Honor, I have no further questions.
MR. SCHULTZ: Your Honor, may we have for the record an identification of this individual who walked into the courtroom?
THE COURT: Yes. Tell us who your exhibit is.
MR. KUNSTLER: Your Honor, the exhibit is a man named Robert Levin, L-E-V-I-N. Your Honor, I would just like to mark this helmet for identification as
Defendants' D-15.
MR. WEINGLASS: This was your first assignment as an undercover agent, is that correct?
THE WITNESS: That's not correct. I at no time was told that I was an undercover agent.
MR. WEINGLASS: Do you recall your interview with the Federal Bureau of Investigation characterizing yourself as an undercover person?
THE WITNESS: They may have said I was undercover, but I said I worked plainclothes and milled in the crowd and tried to get information.
MR. WEINGLASS: Now, when you were told to gather information, were you told to gather information about any particular person?
THE WITNESS: No, sir, I was not.
MR. WEINGLASS: You were just to wander through the park?
THE WITNESS: Yes, sir, I was.
MR. WEINGLASS: You were just to wander through the park?
THE WITNESS: Yes, sir, I was.
MR. WEINGLASS: And report back to your superiors?
THE WITNESS: Yes, sir.
MR. WEINGLASS: Could you tell the jury how it is that you are able to recall approximately thirteen months later the precise words used by Jerry Rubin on Sunday night, August 25, without the benefit of a single note, a single recorded word, or any other note to refresh your recollection?
MR. SCHULTZ: Objection, if the Court please.
MR. WEINGLASS: Could you tell us how you could recall the precise words used, Sergeant?
THE WITNESS: Well, when I set down and really thought about it, and I thought about this incident, it came back very clearly because I was shocked at what was happening, and I remembered it.
MR. WEINGLASS: So, approximately two months later you sat down and you tried to remember and you remembered verbatim what Jerry Rubin said on Monday night, August 26, in the thirty-second speech, is that correct?
THE WITNESS: Yes; I remembered what others said too there.
MR. WEINGLASS: Now you did not testify that you heard Jerry Rubin say anything about erecting a barricade?
THE WITNESS: No, I didn't hear Mr. Rubin say at any time, "We're going to build a barricade," no.
MR. WEINGLASS: As a matter of fact, Jerry Rubin wasn't in the park at the time the barricade was up, isn't that true?
MR. SCHULTZ: Objection, if the Court please.
THE COURT: I will sustain the objection.
MR. WEINGLASS: Sergeant Murray, as I understand your testimony, you never saw Jerry Rubin with a weapon in his hand?
THE WITNESS: That is correct. I never saw him with a weapon.
MR. WEINGLASS: I have concluded my cross-examination.
THE COURT: All right. Mr. Marshal, the court will be in recess until two o'clock.