The Boston Globe from Boston, Massachusetts • 5

The Boston Globe Saturday, November 18, 1967 5J Judge Points Out Prosecution Failures to Jury TRIAL Centinufd from Page 1 "I agree with you and cover who are the true owners resulted in dismissal of employees of the Boston Herald-Traveler Corporation, and a refusal on the part of those who act as editors to disclose the true owners who are unknown to the general public, or, it might be added, to the Federal Communications Commission, which so unex- plainedly allows the Channel Five license to continue in the hands of that corporation." Judge Wyzanski said. "I cannot be unmindful of the inventive lying of the newspapers, or some of them, in the community. "In the Boston Herald Traveler of Friday, Sept. 29. 1967, over the signature of J.

J. Smith, there is carried an article, 'Judge Wyzanski' removal from mail trial with another heading: Judge Charles Wyzanski may be replaced in mail "Nothing in this Court or in the Court of Appeals or in the Supreme Court of the United. States justified that statement. It was an invention. "Assignment in this court is by lot according to rule.

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PUIU1 DT1DI Palyimiaa ana1 Chln 4rllta(lri. laingr. larlftf laltaj 745-1700; blllllA rtAnL Ch.il.it Hill 7J4-1700; Prabndy 5)2 1700. "How far, either through stupidity or through intent, did the postal authorities narrow the considerations of the identifying witnesses and subconsciously lead them to an opinion that they might not have had had they been subjected to what any treatise on evidence or identification shows to be the elementary precautions in order to arrive at a just determination?" Judge Wyzanski asked. Several witnesses had testified that they made their identification of Kelley and Mrs.

Diaferio on the basis of observation lasting only a few seconds or less. "How well do you observe somebody even for a minute or two? Each of you," the judge reminded the jury, "prerumably saw some people bringing into this courtroom the detour signs which were put on the road to divert traffic. "How many of you have a clear picture of the individuals who brought in those signs and who were in the court for certainly more than a minute or two?" he asked. "You are here, as I have often said in this case, in what for most of us is one of the most important days of our lives. "You are here in the interests of justice," Judge Wyzanski said.

'UNREAL REPORTS' After applauding the jury for its verdict, the judge said the press "must have as its first interest the public interest, not the interest of the shareholders in their investment. "Those who in editorial offices, journalistic reports and other press activities are content to fudge issues lest they offend their neighbors, or some special ethnic group, or some powerful political personality, deserve on their part to be exposed and excoriated. "For a long time it has been known, not only to this court but to the proprietors of Boston newspapers, that the news which they circulate with respect to this court is incompetently gathered, inaccurately written, and melodramatically published. "Unreal reports to nonexistent controversies have been spread in the public prints merely to make money for the press and to titillate the constant desire for sensation," he charged. At the beginning of the trial, two weeks ago, Judge Wyzanski had also lambasted the press.

At that time he said: case, who failed to appear the day the trial opened. "All I know is that the police have an all-points bulletin," Bailey, Richards' attorney, said. He was asked if Massa-churetts could still try the defendants. Bailey said the stae statute of limitations has lot expired and that they could be brought to court without being placed in double jeopardy. "But I doubt if anyone would be that reckless," he said.

In his closing argument to the jurors, Bailey said the evidence the prosecution presented was "from the bottom of the barrel." He labeled the government's case "a shambles and a disgrace to the community and the government." Bailey said it was remarkable that, of the four witnesses who named Kelley, three "are government employees." Balliro argued that the idpntifications made by two witnesses of Mrs. Diaferio could not be taken seriously since they were not made for some three years after the robbery. Markham, summing up for the government, said the prosecution witnesses were telling the truth. "Does it follow that because a person works for the government he is going to lie? "Does it follow that because a person works for the government he is going to lie?" Markham asked. Judge Wyzanski cautioned the jurors: "The defendants don't have to prove anything.

It is up to the government, and the government knows that from the WHERE WAS "In light of that, what do you think of the five years that have he asked. The judge pointed out that one woman who identified Kelley as the man she saw in a car parked on Rte. 3 the night of the robbery was accompanied by her sister at the time. "She told you that she had between her and the man s' 2 thought was Mr. Kelley her sister.

"Did the government call for you to hear the testimony of her sister?" Judge Wyzanski asked. He said there were several other examples of questions "not put in the gap or gaps in the government's proof." "What about these omissions of elementary proof? "What about the way in which these particular witnesses were led down the path to identify? IX 1)1 AX Rl Til U1UII Faatgai tar Ciatli Carrlrf SlHriAL CuaarHaa. waHirll JO The case has been assigned to me. There was no way to remove me except by action of the Judicial Council, and no session of the Judicial Council had been called or applied for, or. as I am told by those in greater authority, contemplated.

"It was the throwing of slime at this court by an irresponsible paper violating the standards promulgated by this court. "It would be perfectly possible for this court to proceed by way of contempt. But this' court recognizes that there are other and more effective ways of dealing with the matter. "One expects no better from a newspaper, stock in which is owned by a man convicted of a crime in this court, by a newspaper which deliberately uses a second-class mail privilege under 39 U.S. Code, Section 4354, and files statements of ownership, management and circulation, which in paragraph 9 of the form requires that the affiant's full knowledge and belief of the circumstances and conditions under which stockholders and security holders, who do not appear on the books of the company as trustees, hold stock and securities in a capacity other than that of a bona fide owner.

"Efforts as indicated by the Wall Street Journal of the 25th of July 1967, to dis Press As a kind of petty revenge, some of the press chose to present in their least lovable aspects the images of some of the judges most responsible for strict regulations. Such judges as desire promotion, public applause, or appointment to institutional, pholanthropic or educational offices may be slow to speak out in protest against what the causes of justice and public education suffer from misrepresentation due to ignorance, indifference and investment consciousness of the Boston press. It will not aid a judge's public reputation to assert that materialism sits enthroned where it would be far better to have the wholly independent scourge of a John Wilkes. One needs the spiritual integrity, the intelligence, art, and independent character of a Dante properly to assign judges as well as others to their appropriate places in the three eternal realms. The Boston press awaits a successor to the famous Florentine.

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Oaia 11 A M. ta MEXICAX REST A URA TS uiorougruy applaud your Judge Wyzanski told the jurors. "Hearing only the evidence aammed before you and weighing the arguments of counsel and the charge by the court, you have reached what seems to me to be the only just result according to law. "It seems to me that this result could not have been as easily achieved, if indeed it could have been achieved at all, had you been subject to the errors deliberately or ignorantly circulated by what hereafter I shall call the press, meaning thereby not only the newspapers but the radio, the television, and other media of communication," Judge Wyzanski said. He referred to the fact that the jury had been sequestered at a downtown hotel since the trial began 10 days ago so that they would not be exposed to any press reports of the proceedings.

Judge Wyzanski continued In the same vein for approximately five minutes, thereby ending the trial on the same note he opened it with a blast against the press. Well-wishers crowded around the defendants. Mrs. Diaferio broke into stifled sobs. She was wearing a large white hat, black dress and white boots that came above her knees.

"I'm very, very happy. I'm greatly relieved, although I knew the outcome," she said. 'FAIREST JUDGE' "He's wonderful," Mrs. Diaferio exclaimed, clutching the arm of her lawyer, Balli-ro. Kelley, with a small grin, said: "There was never a moment of doubt.

We had the best counsel Mr. Bailey and Mr. Balliro in the world, let alone the United States. "We had the fairest judge anybody could ever hope for," Kelley said. Asked what his immediate plans called for was he going to celebrate? he said: "I'm going home to shovel snow." Both Bailey and Balliro said the verdicts were what they expected.

Bailey left for the airport shortly afterwards for a flight to Detroit, where he was scheduled to address a law seminar. The prosecutor, U.S. Atty. Paul F. Markham, and Asst.

U.S. Atty. Edward J. Lee, who assisted in the presentation of the case, would make no comment other than: "The jury has spoken." Still a mystery is the whereabouts of Thomas R. Eichards, 41, of Weymouth, the third defendant in the President By HOBART ROTTEN A.

Tlmfs-Wishinrton Pout WASHINGTON President Johnson conceded at his news conference Friday that his tax increase proposal is dead for this session He bitterly criticized House Ways and Means Committee Chairman Wilbur Mills (D-Ark.) and Minority Leader Gerald R. Ford opponents of Congress. of the tax measure, for making a "dangerous" and "an unwise decision." "They will live to rue the day when they made that decision," the President snapped. (In the official transcript of the press conference, the "rue" was altered to "regret." Webster's defines "rue" to mean "to regret extremely, to suffer remorse Ford shot back that "Lyn-don Johnson will rue the day that he promoted a $30 billion to $35 billion deficit in fiscal 1963 and four succes rnMPIMUDM CrUWCTT1450 bUnUAnriUn ft tUniUllAmrrlta fundi. NORTH 1 1 CTClaf DIT 1.

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Admi ts Tax Bill Dead What will the English think of next? Judge The following is the prepared statement delivered by U.S. District Court Judge Charles E. Wyzanski Jr. after a jury returned its verdicts in the Plymouth mail robbery trial: I agree with and thoroughly applaud your verdict. Hearing only the evidence admitted before you and weighing the arguments of counsel and the charge by the Court, you have reached what seems to me the only just result according to law.

It seems to me that this result could not have been as easily achieved, if indeed it could have been achieved at all, had you been subject to the errors deliberately or ignorantly circulated by what hereafter I shall call the press, meaning thereby not only the newspapers but the radio, the television, and other media of communication. There is no more important guarantee of liberty than a vigorous and vital press. Even if the media are occasionally excessively vivid in their presentation, this possible departure from perfection can easily be forgiven if there has been a sufficient investigation of the facts, a sufficient concern for accuracy of statement, and a sufficient independence of moral spirit. Courts are in most respects less effective than the press in stimulating a love of freedom and in preserving its reign. And courts quite rightly are among the principal objects of daily concern of the press.

Judges, including most certainly this one, not infrequently suffer from vanity, arbitrariness, sloth, stupidity and discourtesy. The Greeks had a word hubris which too often applies to judges or to some of us. Judicial aberrations, particularly persistent ones, deserve exposure and admonition by the press. Judges who are supine in the face of executive tyranny or. to take the opposite situation, judges who are too activist in their political progressiv-ism.

require the watching eye of the press. A judicial robe is not designed to be a coat of mail, resistant to the weapons of courageous criticism. It is just because the press has the important responsibility of preserving liberty against judicial and other abuse that it must care about principle, not solely about its proprietor's principal. It must have as its first interest the public interest, not the in- pin nf rntir hvnriifi nl hr nm HilTr'i'anrPi 5ilnir'i vlulve Dlaphraimitie Fntinrf. hnnti mnki, Tltpn you will hasp i rutlxr lit) lnairumnt of the 5ppnr in bout i(h i Stflnniy at IfStcincrt CrSoas Jnw f.

Mutrhy, Jt.i Prl. ROYLSTON ST. also iii woncrsTER a srnmcpitLD PLAY Criticizes terest of the shareholders in their investment. Those w-ho in editorial offices, journalistic reports, and other press activities, are content to fudge issues lest they offend their neighbors, or some special ethnic group, or some powerful political personality, deserve on their part to be exposed and excoriated. For a long time it has been known, not only to this Court, but to the proprietors of the Boston newspapers, that the news which they circulate with respect to this Court is incompetently gathered, inaccurately written, and melodramatically published.

Unreal reports of non-existent controversies have been spread in the public prints merely to make money for the press and to titillate the constant desire for sensation which is. sad to report, a usual public attitude. The proprietors of the press know that to cover adequately judicial proceedings requires some degree of advanced education, though not necessarily procured in academic halls. It requires alertness and detachment. It demands no less insight and integrity than the judicial office itself.

For some time, the reporters who cover this Court have felt offended that they were not allowed to rummage in the Court files. Excluded from access to the inner circle of the clerk's office because files with respect to important criminal matters and the transcripts with respect to the Worcester probation hearings had disappeared, some reporters vented their displeasure by personal criticism of the judges. Furthermore, questions with respect to proceedings of the grand jury, with respect to summons to persons for petit jury service, and with respect to other pre-trial phases of criminal proceedings having been pursued contrary to canons of justice, this Court clamped down on the freewheeling of the reporters, to their displeasure. IN BOSTON RADIO SHACK is headquarters for QahhahA record changers Synchro Lab $18 diamond motor keeps eirtridgiH speed constant with Cirnrd! Ridio Shack is America'! top Mereo hid dealer, and Garrard is Radio Shack's top brand of automatic turntables. Seven model from which to ehooe the heart of your new or modernir'ed mmic system.

Tree color catalog! I flirfpftrrf If thlt ChriitmMl' RADIO SHACK In en ue IS loeedent throughout the Creator Batten erta 1 tinnatnu Tivnv fMHinM lor '68 XliASALE! sive deficits totaling nearly $24 billion in the years '64 to '67. "It's natural that a man about to go into bankruptcy blames everybody but himself," said Ford. Mills, who had a good working relationship with Mr. Johnson until their fallout over taxes, said he will spell out his position in a speech Monday in Arkansas. The President said, as he had before, that he and his administration would continue "to do everything" possible to persuade Congress to pass a tax bill.

But he added: "I would be less than frank if I didn't tell you that I have no indication whatever that Mr. Mills or Mr. (John Byrnes (ranking Republican on the committee) is likely to report a tax bill before they adjourn." Mr. Johnson labeled this one of "our failures in the administration." He warned that without a tax increase, the economy SHORE ta 700. Ph.

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DisTiuio JaSkJ would fall prey to the budget deficit as high as $30 billion to $35 billion, which could inflate prices people pay by 5 or 6 percent. By broad implication, Mr. Johnson suggested Congress was ducking its responsibility. "People don't like to stand up and do the unpopular thing of assuming responsibility that men in public life are required to do sometimes," he declared. "Any pollster can walk out and say: 'Do you want to pay more Of course, you will say, 'No, I don't want to pay "But if you ask him if he wants inflation do you want prices to increase 5 or six percent do you want a deficit of 30 or 35 billion dollars do you want to spend 35 billion dollars more than you are taking in, I think the average citizen would say The President thus laid the ground-work for carrying his case directly to the people.

"I know it doesn't add to your polls and your popularity to say we have to have additional taxes to fight this war abroad and fight the problems in our cities at home," he said with a show of emot ion. "But we can do it with the gross national product we have. We should do it. And 1 think when the American people and the Congress get the full story they will do it." Fora smooth running auto loan see your Personal a rv 1 sk 1: Th Llterponl SounJ. Vibrant and roilickinc The Just as Gordon's is the Rin At its briskest in a Cm and Gordon's Bluest tctling sin In Americit ef Cong Offer 13 Days Holiday Cease-Fires A.

Tlmn-Wuhlnitnii Poll WASHINGTON The Viet Cong announced its intention today to observe three-day cease-fires for both Christmas and New Year's and a seven-doy truce over the Vietnamese lunar New Year (TET) in February. The announcement was made over the clandej-tine Liberation Radio of the National Liberation Front, the guerrillas' political arm. The proposed holiday truces are the longest ever announred by the Viet Cong. The news came In the face of expressed determination by American and South Vietnamese officials to limit the traditional holidav truces this year. South Vietnamese President Nguyen Van Thleu forecast last Saturday that antl-Communlst forces would observe 24-hour truce? for Christmas and the solar New Year, and a 48-hour cease-fire for TET American officials said privately that thre briefer holiday cease fire periods agreed with United States interests.

Gen William C. Westmoreland. American military commander In South Vietnam, publicly cautioned several times this week In Washington that any lengthy cease-fire will give military advantage to the Communis side. To diplomatic observers the proposal appeared to be carefullv timed to put maximum world pressure on the U.S. position.

The CheMf rfield Cost. A favourite with men of good taste the world over. Like glorious Gordon's Gin. Exceptionally dry and cool In a martini. Created In England In 1763.

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