Permeability

Kassler said the prosecution case on the permeability of the perimeter rested on the testimony of two witnesses: Hallice, who was inside the building throughout most of the raid, and Desmond, who admitted he saw what was happening at only one of the four doors.

In rebuttal, McCarthy pointed out that in considering motions for directed verdicts such as these, all facts are supposed to be taken in the light most favorable to the Commonwealth, and that in this light:

* The prosecution must show only that notice was given, not that it was received;

* To say "you have five minutes to leave" is not to say "you have five minutes to stay," and therefore there was no license given to anyone to remain in the building;

* That those inside had been warned from the moment they entered the building that their action could get them in trouble, and "they had twelve hours [since Dean Ford's 4 p.m. statement] to get out of there and nobody got out."

* Watson and Glimp, as appointees of the University, had the right to eject the occupiers. (He cited the case of a janitor, who a previous court ruled, was authorized to order people out of a building.)

Not Perfectly

McCarthy said, "I never understood that the Commonwealth had to prove its case perfectly, only beyond a reasonable shade of doubt."

Charles R. Nesson, assistant professor of Law, was the first defense witness. He said he saw an individual apprehended by police near the steps of Widener, taken to the steps of University Hall, and turned over to other police there. He was unable to identify the person among the defendants, and Viola excluded practically all his testimony.

Michael A. Tratner '69 testified that he also saw Gomez-Ibanez apprehended by police near the steps of Mem Church ten or fifteen minutes after University Hall had been cleared.

Solidarity

At 3:15 p.m., Viola asked to see counsel in his chambers. During the recess, a group of defendants began to sing "Solidarity Forever" in the courthouse lobby. They were told to be quiet by a court clerk. When Viola returned, he said that all counsel had agreed that assuming that all defendants were in the building, and if a warning was given, all the defendants, if called to testify, would say that they had heard no warning.

Barry Hillenbrand, a Time-Life reporter, testified that during the raid he saw "about a dozen" people apprehended and taken into custody outside the building.

Six witnesses testified to having seen defendant David S. Rothney '71 in the Yard around--but never inside--University Hall through Wednesday and Thursday morning up to ten minutes after the beginning of the raid.

Beverly A. Bair, a reporter for the Harvard Law Record who was arrested and released, testified that she was on the landing above the southwest door at 5 a.m. and heard or saw no warning from Dean Glimp. Edward J. Belove '72 of WHRB said he was at the bottom of the southeast steps at 5 a.m. and heard no warning.

Robert D. Luskin '72 of WHRB testified he was leaning out a second-floor window when he saw Dean Glimp making his announcement. It was, he said, "barely audible." He said he broadcast the fact that Glimp was making the announcement and later broadcast the fact that Glimp was making the announcement and later broadcast the fact that a state policeman was tugging at his microphone cable. On a tape replay, he said, the time between the two reports was 2 minutes 46 seconds.

William M. Kutik '70 of the CRIMSON repeated his testimony of Tuesday that Glimp's announcement was "barely audible" inside and that the time between the announcement and the entrance of police was "less than one and a half to two minutes."

Defense lawyers said these were all the witnesses they wished to call in support of defendants as a group. Each lawyer still retains the right to call witnesses in support of his individual clients.

At 4:30 p.m. Viola adjourned the court for the day. He said he hoped that the proceeding would be completed by noon today