February 18, 1970
THE COURT: I understand, gentlement, that the jury has brought in a verdict.
Is the jury here? Have you brought the jury here?
THE MARSHAL: Your Honor, the jury hs reached a verdict.
MR. SCHULTZ: Your Honroe, before the jury is brought in, may I make a statement? May I address the Court please?
THE COURT: You certainly may.
MR. SCHULTZ: Your Honor, considering what has gone on in this courtroom before, we would ask your Honor to have the court cleared of all spectators except the press. I have the authority for it if your Honor requires it.
THE COURT: Oh I have done it often before in the trial of jury cases.
I want to ask you a question, Mr. Schultz, before I call on Mr. Kunstler. I see there are a number of ladies. I can identify some one or two as members of the press. You think my rule of exclusion hre should apply to the wives of the defendants?
MR. SCHULTZ: Yes, your Honor, in fact, the wives of the defendants have been probably more contumacious than any others.
THE COURT: You may reply, Mr. Kunstler.
MR. KUNSTLER: Your Honro, we would want to voic the strongers possible objection to the application by the Government. To clear the courtroom at what is probably the most significant part of the trial, the rendering of a verdict, of the friends and relatives of the defendants is to deny them a public trial. The verdict of this jury should not be received in secret with or without the press being here. I think this is making a star chamber proceeding out of this procedure.
There have been many claims made by the defendants about this trial, that it has not been a fair trial, that it has been a trial which has been dictated by an almost indecent effort to comvict them, and we have made this contention, as your Honor knows, against you and against the prosecution.
This is the last possible motion that the Government can make in this case and the defense is hoping that with this last motion, that your Honro will at long last deny a motion made by the prosecution and not let these men stand here alone in the courtroom that has essentially been their home for five months. I beg and implore you to deny this motion of the Government.
THE COURT: I will decide to enter this order. The following remain: of course, the defendants and those who have sat at the Government's table throughout this trial. The ladies and gentlement of the press, all media.
Now all of the parties here other than those I have mentioned are directed to leave the courtroom.
A SPECTATOR (ANITA HOFFMAN): The ten of you will be avenged. They will dance on your grave, Julie, and the grave of the pig empire.
A VOICE: They are demonstrating all over the country for you.
MR SCHULTZ: I just might point out for the record that we have in the hallway now the same kind of screaming we had in the courtroom.
MR. DELLINGER: That's my thirteen year old daughter they're beating on.
MR. HOFFMAN: Why don't you bring your wife in, Dick, to watch it?
MR. DELLINGER: You ought to be a proud man
MR. HOFFMAN: She would like to hear it.
THE COURT: Mr. Marshal, will you please bring in the jury?
(jury enters)
THE COURT: Good morning ladies and gentlemen of the jury.
I am informed by the United States Marshall that you have reached a verdict or some verdicts.
Is that true? Is there a forewoman or foreman?
THE FOREMAN: A foreman.
THE COURT: Would you hand the verdicts to the marshal, please, and, Mr. Marshal, will you hand them to the clerk?
I direct the clerk to read the verdicts.
THE CLERK: "We, the jury find the defendant David T. Dellinger guilty as charged in Count II of the indictment and not guilty as charged in Count I."
"We, the jury find the defendant Rennard D. Davis guilty as charged in Count III of the indictment and not guilty as charged in Count I."
"We, the jury find the defendant Thomas E. Hayden guilty as charged in Count IV of the indictment and not guilty as charged in Count I."
"We, the jury find the defendant Abbott H. Hoffman guilty as charged in Count V of the indictment and not guilty as charged in Count I."
"We, the jury find the defendant Jerry C. Rubin guilty as charged in Count VI of the indictment and not guilty as charged in Count I."
"We, the jury find the defendant Lee Weiner not guilty as charged in the indictment."
"We, the jury find the defendant John R. Froines not guilty as charged in the indictment."
Signed by Edward F. Kratzke, Foreman, and eleven other jurors.
THE COURT: Thank you ladies and gentlemen.
I wish I were eloquent enough to express my appreciation to you for your several months of service in this case, one of the most difficult I ever tried, one of the longest, and I know you had a great responsibility also.
I express to you in behalf of everybody concerned our deep and appreciative thanks for your service.
You are excused now.