February 4, 1970
MR. SCHULTZ: Please state your name.
THE WITNESS: James D. Riordan.
MR. SCHULTZ: And what is your occupation?
THE WITNESS: Deputy Chief of Police in the Chicago Police Department.
MR. SCHULTZ: Now, calling your attention specifically to approximately 5:45 in the evening on Wednesday, August 28, do you recall where you were?
THE WITNESS: I was about fifty feet south of Balbo on Columbus Drive in Grant Park on the east sidewalk.
There were approximately, about 1500 people on the sidewalk from the location where I was standing back to about 9th Street. This was a group of people that wanted to march.
MR. SCHULTZ: And where were you in relation to this group of people that wanted to march?
THE WITNESS: I was in front of them. I stopped the march.
MR. SCHULTZ: Now, at 5:45 that evening on Columbus Drive, did you have occasion to see David Dellinger?
THE WITNESS: I did. He was confronting me at the head of the march.
MR. SCHULTZ: Now, at approximately 5:45, what if any announcements were made?
THE WITNESS: There was announcement made approximately thirty or forty yards back to the south of the front of the march by an unknown man with a loudspeaker.
MR. SCHULTZ: What if anything did you hear on the bullhorn?
THE WITNESS: I heard this unidentified speaker announce to the group that inasmuch as the march had been stopped, to break up in small groups of fives and tens, and to go over into the Loop, to penetrate into the hotels, the theaters, and stores, and business establishments where the police could not get at them, and disrupt their normal activity, and. if possible, to tie up the traffic in the Loop.
MR. SCHULTZ: After that announcement was made, what if anything did you observe the people in your area do?
THE WITNESS: The march disintegrated, and approximately 500 people crossed Columbus Drive and walked west through the ballfield toward the Illinois Central bridge on Balbo.
MR. SCHULTZ: Did Dellinger say anything when this announcement was made?
THE WITNESS: I did not hear him say anything.
MR. SCHULTZ: Did you see where he went?
THE WITNESS: He left with the head of the group that were carrying the flags.
MR. DELLINGER: Oh, bullshit. That is an absolute lie.
THE COURT: Did you get that, Miss Reporter?
MR. DELLINGER: Let's argue about what you stand for and what I stand for, but let's not make up things like that.
THE COURT: All of those remarks were made in the presence of the Court and jury by Mr. Dellinger.
MR. KUNSTLER: Sometimes the human spirit can stand so much, and I think Mr. Dellinger reached the end of his.
THE COURT: I have never heard in more than a half a century of the bar a man using profanity in this court or in a courtroom.
MR. HOFFMAN: I've never been in an obscene Court, either.
THE COURT: I never have as a spectator or as a judge. I never did.
MR. KUNSTLER: You never sat here as a defendant and heard liars on the stand, your Honor.
MR. SCHULTZ: Now, your Honor, I move that that statement--how dare Mr Kunstler--
MR. KUNSTLER: I say it openly and fully, your Honor.
MR. SCHULTZ: Your Honor, we had to sit with our lips tight, listening to those defendants, to those two defendants, Mr. Hayden and Mr. Hoffman, perjure themselves. I mean Davis and Hoffman.
MR. KUNSTLER: A little Freudian slip, your Honor.
MR. SCHULTZ: Your Honor, I have no further direct examination.
MR. DELLINGER: You're a snake. We have to try to put you in jail for ten years for telling lies about us, Dick Schultz.
MARSHAL JONESON: Be quiet, Mr. Dellinger.
MR. DELLINGER: When it's all over, the judge will go to Florida, but if he has his way, we'll go to jail. That is what we're fighting for, not just for us, but for all the rest of the people in the country who are being oppressed.
VOICES: Right on.
THE COURT: Take that man into custody, Mr. Marshal. Take that man into custody.
VOICES: Right on, right on.
MR. SCHULTZ: Into custody?
THE COURT: Into custody.
VOICES: Right on.
MR. DAVIS: Go ahead, Dick Schultz, put everybody in jail.
MR. DELLINGER: Dick Schultz is a Nazi if I ever knew one.
MR. SCHULTZ: Your Honor, will you please tell Mr. Davis to walk away from me?
MR. DELLINGER: Put everybody in jail.
THE COURT: Mr. Davis, will you take your chair.
MR. HOFFMAN: Nazi jailer.
THE COURT: You may proceed with your cross-examination.
MR. KUNSTLER: Chief Riordan, what time did the march disintegrate?
THE WITNESS: Oh, I would sav about six o'clock.
MR. KUNSTLER: Now, would it surprise you, Chief, to know that some forty minutes later, Superintendent Rochford stated that the march was still present, and that he had a conversation with Dave Dellinger at 6:40 that night on that very spot?
MR. SCHULTZ: Objection, your Honor.
THE COURT: I don't deal in surprises. That is always an improper question.
THE WITNESS: It could have happened.
THE COURT: I sustain the objection.
MR. KUNSTLER: At approximately six o'clock, that time was when you say Dave Dellinger left that scene, isn't that correct?
THE WITNESS: That is true. He left my presence.
MR. KUNSTLER: Have you had any conversation with Superintendent Rochford about this?
THE WITNESS: No, sir.
MR. KUNSTLER: Do you know yourself that Superintendent Rochford was there forty minutes later talking to Dave Dellinger and the march had not disintegrated?
MR. SCHULTZ: Objection, your Honor.
THE COURT: I sustain the objection.
MR. KUNSTLER: Chief Riordan, at any time after you heard this speaker make those remarks, did you get on the radio and alert the police in the city of Chicago that a mob was invading the Loop?
THE WITNESS: No, sir.
MR. KUNSTLER: You heard the words, and did nothing?
THE WITNESS: That's right. I reported in to the Yard, the communications center.
MR. KUNSTLER: When did you do that?
THE WITNESS: When I arrived there.
MR. KUNSTLER: At what time did you arrive there?
THE WITNESS: 6:45.
MR. KUNSTLER: And what you had heard over a loudspeaker forty-five minutes earlier about invading the Loop and penetrating the stores and tying up traffic, you didn't think that was important enough to alert a Chicago policeman, is that correct?
THE WITNESS: That is not correct.
MR. KUNSTLER: I have no further questions.
(jury excused)
THE COURT: I have some observations to make here, gentlemen.
Time and again, as the record reveals, the defendant Dave Dellinger has disrupted sessions of this court with the use of vile and insulting language. Today again he used vile and obscene language which, of course, is revealed by the record.
I propose to try to end the use of such language if possible, and such conduct, by terminating the bail of this defendant.
I do not, if I can help it, intend to permit such tactics to make a mockery out of this trial.
I hereby, Mr. Clerk, terminate the bail of the defendant David Dellinger and remand him to the custody of the United States Marshal for the Northern District of Illinois for the remainder of this trial.
MR. KUNSTLER: Your Honor, is there not going to be any argument on this?
THE COURT: No argument.
MR. KUNSTLER: I would like to say my piece. He is my client, and I think this is an utterly--
(There is disorder in the courtroom.)
MR. KUNSTLER: You brought this on, your Honor. This is your fault. This is what happened in Chicago. You exerted the power, and I would like to argue the point.
THE COURT: You won't argue the point.
MR. KUNSTLER: I will argue, your Honor, that your Honor's action is completely and utterly vindictive, that there is no authority that says because a defendant blurts out a word in court--
THE COURT: This isn't the first word, and I won't argue this.
MR. DAVIS: This court is bullshit.
THE COURT: There he is saying the same words again.
MR. DAVIS: No, I say it.
MR. KUNSTLER: That was not even David Dellinger who made the last remark.
MR. SCHULTZ: It was Davis, the defendant Davis who just uttered the last--
MR. RUBIN: Everything in this court is bullshit.
MR. DAVIS: I associate myself with Dave Dellinger completely, 100 percent. This is the most obscene court I have ever seen.
MR. RUBIN: You are going to separate us. Take us, too.
Take us all. Show us what a big man you are. Take us all.
MR. DAVIS: Mr. Rubin's wife they are now taking--
MR. RUBIN: Keep your hands off her. You see them taking away my wife?
MR. DAVIS: Why don't you gag the press, too, and the attorneys, gag them?
MR. KUNSTLER: Your Honor, there was no need for your action.
THE COURT: The court will be in recess. Mr. Marshal--
THE MARSHAL: Sit down, Mr.--
MR. KUNSTLER: Your Honor, is there no decency left here? Can't we just argue the point?
THE COURT: You will have to go away from that lectern. You can't stand there and insult the United States District Court.
MR. KUNSTLER: Everything in this case is an insult.
THE COURT: You just insulted me again and you have done if often.
MR. KUNSTLER: Every argument is not an insult.
THE COURT: This case is recessed.
THE MARSHAL: Everyone please rise.
THE COURT: Clear the courtroom.
MR. DAVIS: You can jail a revolutionary, but you can't jail the revolution.
MR. HOFFMAN: You are a disgrace to the Jews. You would have served Hitler better. Dig it.
THE MARSHAL: That was Mr. Hoffman, your Honor.
THE COURT: I saw him and I heard him.
MR. RUBIN: You are a fascist, Hoffman--
THE MARSHAL: Clear the court.
THE COURT: Clear the courtroom, Mr. Marshal.
MR. DAVIS: Get as many people as you can. Just like the Convention all over again.
THE MARSHAL: Clear the court.
THE COURT: Clear the court.
A FEMALE VOICE: You little prick.
MR. RUBIN: You are fascist.
THE MARSHAL: Get out of the courtroom.
Let's go.
MR. HOFFMAN: Oh, yes, I forgot, it's a public trial.