Ellsberg Judge Planning To Dismiss Jury Monday; ELLSBERG JUDGE TO DISMISS JURY
Date: 09 December 1972
By MARTIN ARNOLDSpecial to The New York Times
Fed Dist Ct Judge W M Byrne Jr on Dec 8 says that he plans to declare mistrial on Dec 11 because US Ct of Appeals in San Francisco has said that it is 'foolish' to proceed with current jury in Pentagon papers case; jury was empaneled 4 mos ago; Byrne says it is his intention to discharge jury and proceed with selection of new jury; says he believes Ct of Appeals is advising that there is substantial danger that case tried by this jury might be disturbed on appeal; says that in view of case's high cost to taxpayers he does not want to take risk; Byrne postpones officially declaring mistrial until Dec 11 because defendant P Ellsberg is not present in ct; says he wants to assure himself personally that Ellsberg understands what it means to waive his protection against double jeopardy; when Ellsberg and Russo 1st asked for mistrial on ground that jury must have become influenced during trial's hiatus, 1 of Govt's contentions was that under double jeopardy mistrial could mean that neither defendant could be tried again; Ellsberg and Russo then waived double jeopardy rights and Russo does so again on Dec 8
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ELLSBERG TRIAL TO START TUESDAY; Judge Will Let Prosecution Use Some Contested Data
Date: 08 December 1972
By MARTIN ARNOLDSpecial to The New York Times
US Dist Judge W M Byrne Jr on Dec 7 rules in Pentagon papers case that nearly 100 pages of documents that prosecution wanted to use as its bill of particulars are not admissible; grants Govt right to use several hundred other pages that defense contends are not in original bill of particulars; refuses to postpone trial beyond Dec 12 to allow defense to study documents; Ellsberg's and Russo's defense will be based on fact that though Pentagon papers were classified top secret, information in papers was already in public domain, with newspapers and magazines having printed same information that was in Pentagon papers for several yrs; defense contention is based on 'Heine defense', case tried in '40s involving man named Heine who was charged with espionage for supplying Germany with Amer mil secrets; his defense was that he had only provided information culled out of Amer newspapers and magazines and therefore had not committed acts of espionage; US Appeals Ct Judge L Hand acquitted Heine; Govt in Pentagon papers case will contend that Heine defense does not apply because papers were top secret when they were made public and that they are not culled from data in public domain
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Forced Testimony
Date: 09 December 1972
SHIRLEY R. LEVITTAN
Shirley LEVITTAN
Judge S R Levittan lr on Nov 25 A Lewis comment on incarceration of Prof S L Popkin for his refusal to disclose names related to release of Pentagon papers; holds that issue is not question of Popkin's privilege to be silent, but rather of proper self-abnegation on part of govt
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Article 1 -- No Title
Date: 09 December 1972
W Burchett, Australian journalist, repts on Dec 7 that new Australian Labor Govt has returned his passport, which had been taken away from him 17 yrs ago
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Court in Civil Case Backs Right Of Reporter to Withhold Source
Date: 08 December 1972
By ARNOLD H. LUBASCH
Arnold LUBASCH
US Ct of Appeals defends journalist's right to refuse to disclose confidential news source in case of A Balk, author of article on blockbusting in Chicago in 1962; black plaintiffs sought Fed ct order to require Balk to name source to aid their civil case against real estate operators but Fed Dist Judge Bonsai rejected their request and they appealed to Ct of Appeals, which supported lower ct's position
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Contempt Charge Dropped Against Memphis Newsman
Date: 09 December 1972
Sen F O Berry, chmn of Tennessee Sen Welfare and Environment Com, on Dec 8 drops contempt charges against newsman J Weiler (Knoxville Commercial Appeal) in light of ruling by state Atty Gen's Office; Weiler refused to name sources for series of articles on alleged child abuse at Arlington Hosp and School for Mentally Retarded
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TV Figure Jailed Briefly
Date: 08 December 1972
H Thornton (WDEF) is jailed on Dec 5 by City Ct Judge T Grant on contempt charge for refusing to name caller to his radio show, who identified himself as member of grand jury and said investigation of former City Ct Judge B Harris was whitewash; is freed 3 hrs after jailing by State Ct of Appeals; vows to fight ruling
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R.I.P. -- Life
Date: 09 December 1972
ed on demise of Life (pub) holds that rapid growth of casuality list of both newspapers and magazines represents menacing trend in democracy; says that trend will not be reversed unless all factors involved in communications cooperate in checking runaway spiral of costs
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