The Boston Globe from Boston, Massachusetts • 5

The Boston Globe Tuesday, September 19, 1967 Attorney St. Clair Cross-Examines Marijuana Defender HEARING Continued from Page 1 Oteri is being opposed by Atty. James D. St. Clair, one of Boston's outstanding trial lawyers.

He was drafted by Suffolk Atty. Garrett rr legal to do so, marijuana stimulant for malnourished 4 could be used to treat de- persons and to alleviate cer- pression, as an appetite tain types of headache. Court Bans Some Hippies Severalhippies showed up to the lOth-floor courtroom. at Suffolk Superior Court- They weren't wearing the house Monday morning for and jackets custom-the start of the marijuana arily required of male spec-trial, tators during Superior Court 1, to be practically non-existent." Later, during cross-examination by St. Clair, the doctor was asked how many of those addicts at Lexington had a history of marijuana use.

"About 70 percent," he St. Clair) Are you saying that there are something like a million users in the United States? A Yes. Are there any studies that will support that figure? A Just series of criteria. Then is that an answer (the one million figure) drawn out of the air by you? Some were denied' access proceedings. i mmmm 'ilehrist's 9 GREAT 126th opening, which at times was highly technical and just as precisely constructed, with only a few fleeting glances at his notes.

Meanwhile, the two defendants in the case, ostensibly at the center of things, sat almost unmoving to one side of the courtroom. Both are slim young men. Weiss was dressed neatly in a dark blue, three-button suit; light blue shirt and dark striped tie. For the most part, Weiss sat with his arms folded in front of him but occasionally clasped his hands together as St. Clair recited what he termed the evils of marijuana.

Leis was equally impassive. He wore a dark blue, pencil-stripe suit, with cream colored shirt and a tie with swirls of purple dots over blue. COURT PACKED During the afternoon, as the humidity increased, in the close-packed courtroom, he occasionally mopped his brow with a handkerchief. In the corridor during recesses, both young men were Anniversary SALE DEFENDANTS AND COUNSEL Atty. Joseph Oteri (left) with his clients, Joseph Leis (center) and Ivan Weiss, at Monday's preliminary hearing.

(Jack O'Connell Photo) H. Byrne as a special assistant to prosecute the case. In his opening remarks, St. Clair said he will demon-, strate to the court that "marijuana is a harmful and dangerous drug and far dif-; ferent and far more danger-, ous than alcohol or tobacco. "Marijuana produces drug dependence of a psychologi-! cal type.

"The' persons who use marijuana are marginally adjusted, the persons who have problems and are most vulnerable to the ill effects. of drugs," St. Clair said. He scornfully told the court that comparing the smoking of marijuana to alcohol "is like comparing apples and oranges." -I Both lawyers came into 1 the court with evidence they I had spent a long, hot Sum- mer doing their homework on the cpmplex case, which is certain to have national ramifications. CAREFUL CONSTRUCTION Oteri read his opening statement from a prepared document which had been constructed in divisions and subdivisions, and neatly outlined his constitutional St.

Clair delivered his BUY NOW AND ENJOY THE GLAMOUR OF MINK "31 mi; A Arrived by me, not drawn out of air. At one point, during testimony concerning the effects of marijuana as compared to alcohol, Judge Tauro interrupted to ask the witness. "There are no calories in marijuana, are there Dr. Fort was asked by Oteri if smoking marijuana was conducive to criminal behavior. "Only in the sense of labeling marijuana users as criminals," he answered.

Oteri has contended from the outset that this is one of the principal reasons for pushing the test case. His position is that the law classifying as a felony the use of marijuana, which is less harmful than liquor or tobacco is, in his words, "inhuman." He asked Dr. Fort why professional persons such as doctors and lawyers would smoke marijuana. "They would take it socially, to feel good, to get some degree of euphoria, to relax, to relieve fatigue," he said. The "scientist said that many college students smoked marijuana because of the "tremendous sensationalism that has been given the drug.

ality of the individual that determines the effect," he said. Dr. Fort testified that he once worked at the Federal narcotics hospital at Lexington, and saw thousands of addicts. He said he usually averaged. 150 patients of his own.

Asked by Oteri if fny of these patients were marijuana addicts or if he ever saw a marijuana addict there, he answered, "Never. They were" not admitted to the hospital because it was recognized that no such addiction occurred." CROSS-EXAMINED Dr. Fort also testified that psychological dependence on marijuana was "so rare as on stage as news and television cameramen photographed them and the opposing lawyers. Newsmen from various parts of the country are covering the proceedings. Dr.

Fort' told the court that his estimate of one mil- lion marijuana users was "conservative" and based on figures of drug arrests and drug seizures and his own observations and interviews with thousands of, marijuana users. He said that most Americans have "mythical" notions of the effects of smoking the widely-available weed. RIGHT, LEFT VIEWS "There is a certain right-wing view that would have us believe that if everyone in the courtroom took marijuana, within minutes hours we would become murderers and rapists. "The left-wing view would have us believe that if everyone in the courtroom took marijuana, within minutes or This Is a Pre-Trial Hearing JAMES ST. CLAIR questions Dr.

Fort hours we would become coolly self-wise, creative geniuses," he said. "It is basically the person while several experts testify on both sides. The defense seeks dismissal because, it contends, the statute that is alleged to have been violated is unconstitutional. The trial would begin only if the judge refuses to grant the motion and probably would consume no more than a few hours. The actual trial of the two defendants in the marijuana case will be all but totally eclipsed by preliminary proceedings.

f. l. Arguments for and against a defense motion to dismiss the case will be heard in a pre-trial hearing that may take as long as three weeks N.Y. Gets Mail Robbery Trial; Ailing Defendant Hospitalized A Most Eciting Anniversary Highlight WANT TO REBEL "They get the thrill of rebelling or violating certain codes of conduct," Dr. Fort Treat yourself to the ultimate in fashion luxury Full skin male pelts natural ranch mink natural pastel mink at this amaz ingly low price! Choice ot cuffed toques and oversized pillbox hats.

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Judge Tauro interrupted the questioning to ask: "Do you equate this with the attitude after the Volstead Act (prohibition)?" "Yes, I do, quite definitely," Dr. Fort said. In a long chain of questions and answers, Dr. Fort enumerated that marijuna is not, in his opinion, a narcotic, physically addictive, or a cause of crime, nor does it make. the user psychologically 4 Dr.rFort said that if it were $1.5 million robbery are Mrs.

Patricia Diaferio, 32, of Roslindale, and Thomas R. Richards, 41, of Weymouth. In announcing his decision to hold the trial in New York city, Judge Wyzanski said television stations there, unlike some in New England, did not carry any shows on the robbery. He issued an order prohibiting New York television and radio' stations from pre-: senting any tapes made in connection with the crime. SAVE BOYS' ZIP-OUT' LINED ALL WEATHER COATS' cially assigned to preside at the trial which is sched- uled to start Nov.

6. John J. Kelley, 53, of Watertown, one of the defendants, collapsed in a 14th floor corridor. He was taken to Massachusetts General Hospital. The hospital reported that Kelley had suffered a "mild" pulmonary embolism.

A Spokesman said it was not known how long he would be hospitalized. After Kelley collapsed, the hearing was postponed until Sept. 27. The hearing was to be on a defense motion for suppression of certain evidence and for dismissal of indictments on the grounds of illegal search and seizure by the government. Accused with Kelley as alleged participants in the Two odd twists developed Monday in the Plymouth mail robbery case.

The site of the trial was shifted again, this time from San Francisco to New York. One of the three defendants collapsed while en route to a pre-trial hearing at the Federal Building and was hospitalized. Judge Charles E. Wyzanski citing massive prejudicial publicity, last week had ordered the trial moved from Boston to San Francisco, But on Monday he moved' it again, explaining it would be too expensive for those involved in the case if it were held in San Francisco. "I am now quite prepared to transfer it to New York, if it is agreeable to the defense and if that area is free from any saturation of publicity," the judge said.

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