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2 Defendants Say Trial Told 'Painful Truth'; 2 Ellsberg Defendants Say Trial Told 'Painful Truth' Impeachment, Sought A Reawakening Seen Reagan Comments

Date: 13 May 1973

Special to The New York TimesBy MARTIN ARNOLD

D Ellsberg and A J Russo hold news conf on May 12 in Los Angeles, in wake of ct's dismissal of charges against them in Pentagon papers case; Ellsberg repts he will return to private life of research, writing and reading; Russo says he plans to write book and will take part in grassroots movement to impeach Pres Nixon; defense atty L B Boudin says that civil suit will be filed in Washington against Govt to seek damage payments for costs incurred during trial; S Sheinbaum, dir of Ellsberg-Russo defense fund, repts that despite contributions from nearly 25,000 people defense retains deficit of between $50,000 and $75,000; illus of Ellsberg and Russo at conf

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Defense Holds Party That Lasts All Night

Date: 13 May 1973

Special to The New York Times

party is held for principals in Pentagon papers case on May 12 at home of S Scheinbaum, coordinator and fund raiser for defense; among those present are 3 jurors and J Fonda, T Hayden, B Streisand, E M Saint and I Wallace

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Ellsberg Trial Gave Insight on Intrusion of Executive Branch Into Judicial Process; But Sudden End LeavesVital Issues Unresolved Break-In Disclosure Disclosure by Judge Second Jury Selected

Date: 12 May 1973

Special to The New York Times

Sources say Gray changed details in his story about destruction of papers which were removed from Hunt's White House safe; papers involved were said by J W Dean 3d to contain fake State Dept cables linking Kennedy Adm to Pres Diem's death

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Not 'Enough Evidence, One Member Says; Acquittal Favored Lawyers, Judge Praised

Date: 13 May 1973

AP poll of jurors in Pentagon papers trial on May 12 finds that 7 of 12 jurors say they would favor or were leaning toward acquittal of D Ellsberg and A J Russo Jr on charges of theft, espionage and conspiracy; jurors comment; illus of juror P E Ortman

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NEW TRIAL BARRED; But Decision Does Not Solve Constitutional Issues in Case Defendants Not Vindicated Pentagon Papers Charges Are Dismissed by Court Ellsberg May Sue Nixon

Date: 12 May 1973

By MARTIN ARNOLDSpecial to The New York Times

Fed Dist Judge W M Byrne Jr on May 11 dismisses all charges againt D Ellsberg and A J Russo and says defendants wil not be tried again on charges of stealing and copying Pentagon papers; cites 'improper Govt conduct shielded so long from public view,' which he says 'offended a sense of justice'; says that special unit that investigated Ellsberg and reptdly broke into office of Ellsberg's psychiatrist Dr L J Fielding, apparently operated with approval of FBI and that CIA also became involved at request of White House; Govt this morning was still unable to produce either records or legal authorization for wiretaps of Ellsberg, which were disclosed yesterday; Byrne, before rendering his decision, offers defendants opportunity to go to jury for verdict but defendants declined; chief prosecutor D R Nissen says it appears that no appeal of Byrne's ruling will be possible; Ellsberg says he will file civil action against present and former high ranking officials of Govt, perhaps even Nixon; says he thinks jury would have come to judgment that is good for country; defense atty L B Boudin says that Byrne's judgment was made not on narrow issue of wiretapping, but on totality of Govt misconduct; quick poll taken of jurors shows that at least 1/2 of them would have voted for acquittal; illus of Ellberg and wife, Russo and Weinglass

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Text of Ruling by Judge in Ellsberg Case; New Questions Cited Records Removed Record Compounded C.I.A. Role Noted

Date: 12 May 1973

Special to The New York Times

text of ruling by Judge W M Byrne Jr dismissing charges against D Ellsberg and A J Russo Jr in Pentagon papers trial

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Fiat Buys Into the Biggest Paper in Italy; FIAT BUYS A THIRD OF ITALIAN PAPER

Date: 12 May 1973

By PAUL HOFMANNSpecial to The New York Times

comment on Fiat Motor Co's broad interests in Italian publishing indus, in view of its purchase of 1/3 interest in Corriere della Sera of Milan; illus of front page of recent Corriere issue

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Guilty: The Government

Date: 12 May 1973

ed on dismissal of charges against D Ellsberg and A J Russo in Pentagon papers case holds that dismissal is indictment of Govt's resort to police state tactics in its effort to discredit and intimidate critics of Vietnam war; holds that Govt's action indicate contempt for individual rights and lawful procedure; cites as 'most shocking transgression' was by Pres aide Ehrlichman's offer of FBI directorship to Judge Byrne during trial

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Kissinger Hints He Saw Results of the Wiretap on Halperin in; Ruckelshaus Says Taps Were Put on Newsmen Halperin Loyalty Hailed National Security Aide Taps on Reporters

Date: 13 May 1973

Special to The New York TimesBy R. W. APPLE Jr

Gov Reagan says May 12 that he believes Pres Nixon is innocent of any wrongdoing in Watergate affair and predicts scandal will not hurt Repub electoral chances in '74 and '76, speech, Business Council, Va

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Cushman Says Helms 'Assented' to C.I.A. Aid to Hunt for Break-In on Coast; GENERAL TALKS TO 3 COMMITTEES Reports He Told Chief That He Ordered Agency to Provide Equipment Gave Order on Data With Helms Approval Orders for Interview

Date: 12 May 1973

By MARJORIE HUNTERSpecial to The New York Times

Gen R E Cushman Jr says May 11 that as CIA Deputy Dir he ordered agency materials be made available to E H Hunt Jr, testimony before HR Armed Services Subcom, Sen Appropriations subcom and Sen Armed Services Com; says he reptd his actions to then-CIA Dir Helms and 'he assented to what I had done'; Sen Fulbright says Helms had assured him earlier this spring that CIA had not had anything to do with Watergate affair, May 10 TV int; illus

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