Oakland Tribune from Oakland, California • 7

1 (DAklAttblirrlbune ES 7 ewron -oun Guilty voluntary Wia nsuau ghfer i 'i i i mmmmmmmmmmmimmmmmmmmi liiiiiMMirW'Wli emmmm-1 fill mi 1 ill I lln i i i i im ri Wm Rev. Earl Neil and LaVerne Williams (right) comfort Newton's sister, Doris, Continued from Page 1 per, an Oakland banker and the only Negro on the jury, sent a note to Judge Friedman at 10:10 p.m. yesterday saying the jurors had reached a verdict. Friedman called defense attorney Charles Garry, Asst. District Attorney Lowell Jensen, who prosecuted the case, the press and a group of spectators, including members of Newton's family, to the courtroom.

He explained that the doors to the room would be locked until the verdict was read. In the hallways and at the entrances to the empty Alameda Count Courthouse sheriffs deputies kept guard. "Ladies and gentleman of the jury, have you reached a verdict?" Friedman asked when the jurors were seated. "Yes we have, your honor," Harper replied. After the clerk read all three verdicts, he polled each joror individually on each of the three counts in the grand jury indictment agajnt Newton.

The three counts were: the murder of Frey, assault with a deadly weapon on Heanes, and having the 1964 prior felony conviction on assault with a deadly weapon. All 12 members of the jury appeared haggard, but each answered in a strong and dible voice as the poll was taken. Judge Friedman ordered everyone in the courtroom to remain seated until the jurors and alternates left by a side entrance to the courtroom. Jurors refused to discuss the case today. Before adjourning court he set Sept.

27 for a probation department report and Newton's sentencing. Garry and Jensen next Thursday will argue three defense motions made immediately after the verdict was announced: one to hold sentencing, one for a new trial and one to release Newton on bail. Friedman thanked the 28 Jensen and Garry React to Verdict 7 i 4 Tribune photo by Rust Rood on hearing verdict dizing the conviction. The defense has done the opposite," Jensen said. He also praised Grier as "an everyday citizen who did get involved.

He ought to be commended." Jensen said he will oppose Garry's motions for a new trial and for Newton's release on bail. "He has killed a police officer and he is not eligible for probation. He should not be released on bail. It would be totally unprecedented," Jen-' sen concluded. a I if Jsim 4 mony was read to the trial jury.

Ross also said he could not recall an interview with Garry several weeks ago in which he refuted much of what he told the grand jury. Garry was allowed to play a tape recording of the interview for the jury in an unsuccessful attempt to refresh Ross's memory. The most important defense witnesses were Newton himself and Gene McKinney, of Berkeley, who testified he was with Newton at the time of the shoot-out. He was jailed for contempt after refusing to answer a prosecution question and is still in jail pending disposition of the contempt action. Newton said he had no gun when he and McKinney were stopped on their way to find an all-night restaurant.

He said he was shot by Frey during a scuffle started by the officer after Newton told the policeman he had no reasonable cause to hold him. Newton denied Heanes' allegation that Frey placed him under arrest before ordering him from the car he was driving. He also denied that he told Frey he was Laverne Williams, who owned the car. McKinney was a surprise witness called by Garry. Although he identified himself and admitted being with Newton the morning of Oct.

28, he refused to answer any other questions on the advice of his attorney. Continued from Page 1 cer, but that under our state's diminished capacity law the degree was manslaughter." The prosecutor then took a jibe at Garry's statements during the trial which apparently led Judge Monroe Friedman to order him to stop making public statements about the evidence until the trial was concluded. "We've said nothing about the case for 10 months. There was a question of legal ethics and the possibility of jeopar JOHN FREY The slain officer newsmen and women in the courtroom for their conduct during the long trial. He told the reporters they had assisted "in maintaining the proper decorum." The instant the judge left the bench the narrow courtroom aisle was filled with people.

Bailiffs fell back as newsmen crowded toward the door to reach telephones. The stairs between the seventh floor courtroom and the sixth floor press headquarters were opened for the first time since the trial began. Members of Newton's fami-. ly and his fiancee, Laverne Williams, looked stunned or wept. His sister, Mrs.

Doris Godfrey, was comforted by a minister as she sobbed openly. The case went to the jury last Thursday. The jury began its deliberations yesterday at 10 a.m., and except for a two-hour lunch break, continued working throughout the day. At 10:40 a.m. Harper asked for a "slower reading" of the same legal instructions reread the first time late Saturday by Judge Friedman.

At first, Friedman began reading his instructions on the The legal test of a heat of passion killing is whether an "ordinarily reaspnable person," placed in the same position as the assailant, would have reacted the same way. In order to reduce first and second degree murder to manslaughter on the grounds of sudden quarrel of heat of passion, the court instructed" the jury, "the provocation must be considerable, that is to say, it must be of such a character and degree as na-t a 1 1 would excite and arouse the passion, and the assailaint must act under the smart of that sudden quarrel or heat of passion." Manslaughter is broken down into a second phase involuntary manslaughter. This type of manslaughter is when a person kills another carelessly or negligently such as encouraging and aid CMS "Hi mam definition of circumstantial evidence. But, after a couple of minutes, Harper interrupted and told the judge the jurors wanted to hear again the instructions on the degrees of mur-. der, criteria for assault with a deadly weapon on a police officer and definition of a prior felony conviction.

The manslaughter verdict "showed the jury decided Newton did not have a gun in his possession when Frey stopped car he was driving Oct. 28 for a traffic warrant check. Judge Friedman had told them if they decided Newton had been convicted of a felony in 1964, and decided beyond a reasonable doubt he had been carrying a gun at the time of the shootings, the possession of a concealable firearm would have been a felony in itself. And, he added, a person who causes a death during the commission of such a felony is automatically guilty of second degree murder. Earlier Saturday, Judge Friedman settled a three-day-old argument between Garry and Jensen over one word in a police statement by Henry Grier, an AC Transit busdriver who said he saw Newton shoot the two officers.

The controversy revolved, around whether Grier said he "did" or "didn't" see Newton's face clearly in his headlights during the -early morn- -inggunfight. The district attorney's transcript of Grier's recorded statement, read into the record by Garry during the trial, carried the word "did." However, Garry had maintained since Thursday that on the original recording Grier clearly said "didn't." Saturday Friedman listened to both the original police dictating belt and to a tape-recorded copy made by Garry's staff. He finally decided Grier's word was "didn't," an ordered that a corrected transcript be sent to the jury Jensen complained the new version would "unduly empha- ing a person to participate in a game of Russian roulette. In the case of voluntary manslaughter, the court instructed jurors that if they were satisfied that the killing was unlawful but had a reasonable doubt whether the crime was murder or manslaughterthen they must "give the defendant the benefit of the doubt." The instructions to the Newton jury did not include mention of involuntary manslaughter. Virtually the entire jury instructions given by Judge Friedman were taken from "California Jury Instructions -Criminal," a form book of standard instructions drafted ty trial judges throughout the state which have withstood the test of higher court appeals.

Otherwise, "I think the Democrats in general would have to be taught a lesson," Greene told a news conference. But he said this did not necessarily mean he would urge Negroes to support Unruh's legislative election opponent or Max Rafferty, Cranston's Republican opponent for the U.S. Senate. 'Unruh already has announced his support of Humphrey. But Green said both Unruh and Cranston's support for the vice pi'esident were "lukewarm." Democrats who give only lip-service tr.imnhw ihm.

Humphrey's campaign, throw all black people poor people and a large majority of other minority groups to the wolves," Greene said. "I contend they literally 'Heat of Passion' at Crux Of Manslaughter Verdict size this point and potentially prejudice the jury." He had argued that if there hail been an inadvertent error in his transcript, it could only have been significant if Newton had denied his presence at the murder scene. Jensen reminded Friedman Newton freely admitted on the witness stand he was with Frey just before the shooting "Started, -r "Whether or not it's a vital point I don't have to pass on," Friedman said. "I don't want any mistake in the evidence here." Earlier in their deliberations, the jurors asked to hear re-readings of the testimony of Grier, Heanes and Officer Gilbert Dehoyos, the first policeman to each Seventh and Willow streets after the wounded Heanes called for help on Frey's radio. Heanes had said he drove to the scene to "cover" Frey after Frey radioed he was about to stop a "known Black Panther vehicle." Heanes said Frey arrested Newton for failing to identify himself properly, and while they were walking back toward the two patrol cars, Newton whirled and started shooting.

Heanes added under cross-examination he never saw a gun in Newton's hand. Grier, Heanes and Oakland Police Department Criminalist John Davis were the most telling of Jensen's nearly 30 witnesses. Perhaps as damaging to Newton was the testimony or lack of it by Dell Ross, a motorist who told the grand jury he was forced at gunpoint to drive Newton and a companion from the murder scene, but who said in court he could remember nothing. A kidnaping charge contained in Newton's original in dictment was dropped at the end of the prosecution's case because of lack of evidence. However, Newton was not acquitted of the kidnaping count before a transcript of most of Ross' grand jury testi- 3 Arrested, Accused of Bombing Plot Continued from Page 1 after charges are formally lodged.

Estes and Shirey were being held in Contra Costa County Jail, but Armstrong was under guard today in the County Hospital. Police revealed he had been found unconsicious last Thursday in a Rodeo phone booth, where he had apparently taken an overdose of some drug. He was revived, taken to the hsopital and arrested. The arrests followed more than a month of investigation by Martinez police, the district attorney's and state attorney general's offices and Contra Costa sheriffs crimin-a 1 i i laboratory, under Martinez Detective Robert Collins. The men were charged with attempting to murder Paul J.

Laccoarsc, 28, of 1204 Ulfinian Way, owner of Alhambra Ambulance Service, by blowing up his private automobile with dynamite. Laccoarse told police he drove to a meeting of the Contra Costa Ambulance Operators' Association at the County Hospital July 29, and that when he started home afterward his car's engine "sounded rough," On July 31 he took it to a service station to be checked. The attendant found eight sticks of dynamite lashed to the car's fire wall. The station owner called police, and the explosives were remdVed by a team of explosives experts from the Concord Naval Weapons Center. 4 they told car would have blown up when the ignition was turned on if the charge had been correctly grounded.

Galaxy Magnetic Field Measured-. WASHINGTON-(UP-J) Scientists now have measured the magnetic field which seems to keep orderamong" the 100 billion stars of the Pr, (Jerrit L. Verschuur of the National Science Foundation's National Radio Astronomy Observatory at Green Bank, reported this yesterday. The measurement was achieved after nine years of unsuccessful effort. WHILE TMEV LAST On other airlines everybody wants the win dow seats.

On PSA they view. Guess why. More prefer the aisle new jets and 900 flights a week connecting Northern and SouthernCalifornia. Call PSA or your travel agent for something nice on the aisle. "Los Angeles, Hollywood-Bufbank Super 727 Jets $13.50.

San Diego $19.85. 0.H PSA gives you 4 4V. 'Vv ir-- fit 1 II 1 v' Cranston and Unruh 'Passive Support7 Hit "Voluntary manslaughter," Superior Court Judge Monroe Friedman instructed the Huey Newton jury, "is the intentional and unlawful killing of a human being without malice aforethought upon a sudden quarrel or heat of passion without deliberation or premeditation." The seven woman, five men jury convicted Newton, 26-year-old Black Panther leader, of voluntary manslaughter last night the least of the three degrees of homicide: first degree murder, sceond degreee murder and The" "heat of passion" instruction is the one tradition-allly given when the killing involved is the result of a r1nmprti nnarrpl uihpre th rather than deliberation. And Sisters Die in Fire Continued from Page I Cross, 20, also a college student of 1048 Panadero Court.) "We ran over there and started sliding windows open. I heard her (Carolyn) crying.

We broke a window and I reached in for her. The heat drove me' Dale reached in and got her. He closed his eyes the smoke, ana reacnea in ine bedroom up to his waist trying to find her. "He got her and yanked her out on the side of the house." Cnrnrvn took off runninff Dale's mother grabbed her and took her into her home. Hanson said that during the fire he heard numerous small explosions "like light bulbs or firecrackers" and then a house iniaGrrar rJ Ihn Pflnartern flnnrt reported similar explosions.

The Rosary will be recited tomorrow at 8 p.m. at Oak Park. Hills Chapel. Funeral services will be private. SACRAMENTO AP) A Negro assemblyman urged today that such fellow Democrats as Alan Cranston and.

Assembly Speaker Jesse M. Unruh stop giving "only lip service or passive support" and fully back Vice President Hubert H. Humphrey's campaign for the presidency. Assemblyman Bill Green, D-Los Angeles, said he hopes" he and other black office hold ers can bring Cranston, Un- ruh, and organizations similar views into line, I nniclatarc with Continued from Page 1 through the upper house now, as election time draws closer-There vwas no immediate word from the covernor's of fice if and when ne would con- I 'fc-JI, I I 1 7.L-i 7 11 'l If r-TTV I IT rt1 MAU 9 4 1- 4 1- 1 1 1 a I I I 11 rfl4 VI 4 I I I 1 I I 'll I Al .1 i II i i jif-jji i Atii i ii i i i aii. 11 ti 1 if ill 1 11 1 11 rwas.

71 'ii i mvkii Trra i i v- i i utir I 1 II 1 rr FrTTi ill rr lil I VI I I HH HH -H- i 1 1 4 II i 'L I A NJ i ii -arry-RepublicarLpresidentialearth's galaxy. Eh ISL InJL vi mi ill I i vi i mi i wa "nrrn rrrr I IT TIT TT I THJ I LLJA I I .1 I It Greeneaid he is asking for a meeting of the California Conference of Negro Elected' Officials in October on the subject of other candidates' support of Humphrey, er m. unrun, said Unruh had received no invitation from the governor even though Un-' rub had requested a meeting several.