U.S. May Rest in Conspiracy Trial Today:
Defense Subpoenas FBI Chief Hoover

ROBERT AND ENSTAD & ROBERT DAVIS / Chicago Tribune4dec1969

P. 8

To prosecution in the trial of the seven men charged with conspiring to incite riots during the Democratic national convention plans to and its case today, United States Attorney Thomas Foran announced yesterday.

At the end of the testimony of Eugene Schwartz, a film technician for the National Broadcasting Co. and the government's 50th witness, Foran announced, "I would like to advise the court in the defense that the government will rest tomorrow after a number of short witnesses."

Government case does end today, altho it possibly may not if Cross-examination of the final witnesses is likely, the defense would begin its presentation tomorrow.

William Kunstler, one of the defense attorneys, said yesterday that J. Edgar Hoover, director of the Federal Bureau of Investigation, had been subpoenaed to appear as a defense witness tomorrow.

Kunstler said the defense had been notified by the FBI that the subpoena for Hoover had been accepted on the directors behalf by Richard Gallagher, deputy chief of the criminal section of the FBI. He also said a $155 shack to cover traveling expenses and witness fees for Hoover had been returned by the FBI, without that the FBI would waive the fee.

Kunstler said he didn't know if the FBI notification meant that Hoover would come to Chicago for the trial or if he would send another high FBI officials to represent him.

The defense also had indicated to plans to call as defense witnesses several well-known persons, including Mayor Daley and former President Lyndon B. Johnson.

The first action expected in the defense of case probably will be a motion for a directed verdict by Judge Julius J. Hoffman for the acquittal of the seven defendants. The defense is expected to argue that the government has not prove its case against the men.

Arguments on such a motion might be lengthy, postponing the calling a defense witnesses until next week.

Most of yesterday sessions was devoted to the showing of films of the police-demonstrator clash at Balbo and Michigan Avenues on August 28. The defense continued its arguments that the films should not be shone to the jury because they depict only portions of all that happened during the incident.

Lawyer Faces Court Review over Petition

An attorney who submitted a petition to the federal District Court questioning whether fair criminal trials could be held In the Federal building before the conclusion of the conspiracy trial may be disciplined by the court.

Frank Oliver, wrote the petition which was signed by 34 other prominent criminal lawyers said yesterday that he received a letter November 14 from the executive committee of the court that disciplinary proceedings would be initiated against him. He said the letter ordered him to appear December 17 before the committee.

The committee consists of Chief Judge William J. Campbell, and judges Alexander J. Napoli and Joseph Sam Perry.  A spokesman for Judge Campbell refused comment yesterday when asked about the disciplinary measures.

The petition filed November 6, suggested that security precautions for the trial of seven persons charged with conspiracy to incite writing during the Democratic convention of 1968, such as searches of persons entering the federal building, make it difficult to pick impartial jury's four other trials.

The executive committee dismissed the petition as "frivolous and impertinent."

Oliver said he is being called before the committee for comments made to the press, rather than for the petition itself.

The court ruled prohibits attorneys from commenting outside the courtroom on matters, such as petition is, before the court, he said.