He also claimed that as the statute in questions specifies those who "without right," remain after being asked to leave, the defendants could not be found guilty. Keeping a store open constitutes an invitation to the public, he said, and as the Bick management seemed in no hurry to clear out the other customers, that invitation could not be considered to have been revoked.

Barshak further pointed out that the official complaint filed against the defendents stated that they had refused to leave after being told to by Leonard McGlaughlin, a Hayes Bickford executive present at the time. Belinski had testified that McGlaughlin told him to handle the situation, and had said nothing at all.

"To convict me of robbing the bailiff, even if I have robbed the clerk," said Barshak, "would not be due proceed of law."

"Justice is Excluded"

Charles H. Wellman '22 waived his right to counsel. When his turn to question the first witness came, he asked, "Is it not true that the whole foundation of the case is the unfair and ..." The judge cut him off, ruled the question irrelevant, and excluded it. "Then sir," said Wellman, "justice is excluded."

Parker warned Wellman that any future comments in that vein would be taken as contempt of court. Thereafter, Wellman put forward the same question to each prosecution witness, but said nothing when Parker excluded it