MR. FORAN:  Will you state your name, please?

THE WITNESS:  Barbara Lawyer.

MR. FORAN:  What is you occupation, Miss Lawyer?

THE WITNESS:  I am a cocktail waitress at the Den in the Palmer House.

MR. FORAN:  Directing your attention to the month of August 1968, where were you employed at the time?

THE WITNESS:  In the Haymarket Lounge in the Conrad Hilton.

MR. FORAN:  Now, calling your attention to a period of time shortly after eight o'clock on August 28, 1968, where were you?

THE WITNESS:  I had just finished taking a break, and I was crossing the lobby into the Haymarket Lounge to go back to work.  I had just come through the doorway into the center of the room.

MR. FORAN:  Ad at that time, what did you see, Miss Lawyer?

THE WITNESS:  There were about twenty-five or thirty people running toward me from the window, and they were yelling and shouting and pushing and shoving customers.
    I saw them leap over tables where customers were seated, and with their arms they just swept glasses and drinks off the tables onto the floor, knocked over furniture, and one man ran up to the bandstand and pushed the drums off the stand onto the floor, and a lot of yelling.

MR. FORAN:  And how were these people dressed?  Could you describe these people?

THE WITNESS:  Well, they were dressed in the hippie fashion with moccasins and vests, and some were shoeless.

MR. FORAN:  And what happened then, after what you have described?

THE WITNESS:  Well, I saw a couple of policemen come through from behind these people and try to clear out the room.

MR. FORAN:  Now, the people had come through the entrance of the building?

THE WITNESS:  They came in through a broken window.

MR. FORAN:  What occurred them?

THE WITNESS:  Well, then the police tried to get them out of the lounge into the lobby and I couldn't see them from there because I was over in the corner of the room.

MR. FORAN:  Now, Miss Lawyer, was there anything unusual about the lobby that night?

THE WITNESS:  Yes, there was an odor in the lobby?

MR. FORAN:  And what type of odor was it?

THE WITNESS:  It smelled like vomit.  It was very strong.

MR. FORAN:  That is all, Miss Lawyer.

(jury excused)

MR. WEINGLASS:  Your Honor, I would want at this time, because I sincerely and honestly feel that the Court realizes that its position with respect to the jailing of Dave Dellinger is indefensible in law--

THE COURT:  I will not hear you further on that motion.

MR. WEINGLASS:  Well, your Honor, you are keeping a man in custody, and you are not permitting a lawyer to make an argument for his freedom.  THis is unheard of.  That is unprecedented in law.

THE COURT:   I ask you to sit down sir.

MR. WEINGLASS:  Your honor knows--

THE COURT:  Mr. Marshall, will you ask that man to sit down?

MR. WEINGLASS:  You have no authority for taking that man's freedom away, and you will not let me make a legal argument on his behalf/

MR. SCHULTZ:  That is disgraceful.

MR. WEINGLASS:  That is disgraceful.

MR. KUNSTLER:  Your Honor, I said yesterday you were vindictive, you are doing this because he spoke.  You told us on Thursday, you waited for the opportunity.

THE COURT:  Have that man sit down.  I will hear no further argument on this motion.

MR. HOFFMAN:  You put him in jail because you lost faith in the jury system.  I hear you haven't lost a case before a jury in twenty-four tries.  Only the Corbiasin people got away.  We're going to get away, too.  That's why you're throwing us in jail now this way.
    Contempt is a tyranny of the court, and you are a tyrant.  That's why we don't respect it.  It's a tyrant.

THE COURT:  Mr. Marshall, will you ask the defendant Hoffman to remain quiet?

MR. HOFFMAN:  Schtunk.

MR. RUBIN:  You are a tyrant, you know that.

MR. HOFFMAN:  The judges in Nazi Germany ordered sterilization.  Why don't you do that, Judge Hoffman?

MARSHAL DOBKOWSKI:  Just keep quiet.

MR. HOFFMAN:  We should have done this long ago when you chained and gagged Bobby Seale.  Mafia-controlled pigs.  We should have done it.  It's a shame this building wasn't ripped down.

THE COURT:  Mr. Marhall, order him to remain quiet.

MR. HOFFMAN:  Order us?  Order us?  you got to cut our tongues out to order us, Julie.
    You railroaded Seale so he wouldn't get a jury trial either.  Four years for contempt without a jury trial.

THE MARSHAL:  No, I won't shut up.  I ain't an automaton like you.  Best friend the blacks ever had, huh?  How many blacks are in the Drake Towers?  How many are in the Standard Club?  How many own stock in Brunswick Corporation?

THE MARSHAL:  Shut up.

THE COURT:  Bring in the jury, please.

(jury enters)

THE COURT:  You may cross-examine this witness.

MR. KUNSTLER:  Miss, Lawyer, you stated that there were twenty-five, thirty people that you saw coming through the window, is t hat correct?

THE WITNESS:  They were running from the direction of the window.

MR. KUNSTLER:  You asked how they were dressed.  Do you recall that?  You said hippie fashion.


MR. KUNSTLER:  Can you state what you mean by hippie fashion?

THE WITNESS:  Well, it's the current mode, I guess, of describing dress, moccasins, mod clothes.

MR. KUNSTLER:  Yes, what else?

THE WITNESS:  And the fact that it includes long hair, beards. . . .

MR. KUNSTLER: Now, after the people came through the window, did you see any police come through the window?

THE WITNESS:  Yes, sir, I saw two.

MR. KUNSTLER:  Now, when the police came through, were they carrying stretchers or night sticks.

THE WITNESS:  They had nothing in their hands.

MR. KUNSTLER:  And how many customers were there in the room at that time?

THE WITNESS:  Well, I really don't know because when I got in there, everything was in such confusion that I really couldn't say.

MR. KUNSTLER:  Now, lastly, Ms. Lawyer, you have told us here today you smelled an odor in the lobby.  Do you recall that?


MR. KUNSTLER:  When did you smell that?

THE WITNESS:  We smelled that most of the week, but that night also.

MR. KUNSTLER:  Did you smell it Monday night?

THE WITNESS:  I can't tell you whether we did.  I just remember smelling it that week.

MR. KUNSTLER:  You are sure about Wednesday night?

THE WITNESS:  I am sure.

MR. KUNSTLER:  Did you tell the FBI about that?

THE WITNESS:  No, I did not.

MR. KUNSTLER:  When did it first come to you in a way you can testify about-- when you spoke to the United States Attorney?

THE WITNESS:  When I spoke to Mr. Foran, yes, sir.

MR. KUNSTLER:  Thank you.  No further questions.

THE COURT:  We shall recess until tomorrow morning.
    Tomorrow morning at ten o'clock, ladies and gentlemen.

February 6, 1970 

THE COURT:  Where are the defendants?

THE COURT:  May the record show defendants Hoffman and Rubin came in at 1:28, attired in what might be called collegiate robes.

MR. RUBIN:  Judges' robes, sir.

A DEFENDANT:  Death robes.

THE COURT:  Some might even consider them judicial robes.

MR. RUBIN:  Judicial robes.

THE COURT:  Your idea, Mr. Kunstler?  Another one of your brilliant ideas?

MR. KUNSTLER:  Your Honor, I can't take credit for this one.

THE COURT:  That amazes me.

Trial Transcript Page
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