Before the issue was settled, committee members began discussing whether they would allow Sheppard to use a tape recorder he had brought with him.

Porte said, "I, for example, would not authorize a tape recording to be used publically of what you said and what I said."

"I think it's important to have a tape recorder," Sheppard said. "It relates to why most trials are held in public." Sheppard noted that at a previous hearing a student had brought a tape recorder, but Wilson said that the student had signed a statement agreeing not to make the tape public.

"If I don't receive a fair hearing I want to have a transcript that I know I could make public." Sheppard said.

"The community is not going to decide on your case." Wilson said. "This Committee will decide. Nobody else."

Wilson suggested holding a meeting of the full committee to consider the tape recorder issue.

After Sheppard asked another question, Wilson asked whether, in fact, Sheppard's tape recorder was on. Sheppard said it was, and Wilson said, "I wasn't aware it was on. I have nothing further to say."

Wilson walked out of the room.

A new hearing will be scheduled.

[A transcript of the exchange between Sheppard and the panel will be published in tomorrow's CRIMSON.]

The incident for which Margolin. Sheppard, and Hyland were charged occurred in the Yard about 12:30 p.m. on December 11, as Dean May-used a bullhorn to warn black students occupying University Hall that they could "be suspended here and now."

"Dean May." according to a University statement distributed at the hearing "was being repeatedly harassed by a small band of persons, who surrounded him closely and tried to shout him down." After reading the warning, May walked to Massachusetts Hall and back: the students followed. Finally he left the Yard, and the students left him.

'Following Closely'

May's official charge against Margolin said he "subjected the Dean of Harvard College to harassment by following him closely and shouting, thus interfering with his freedom of movement and freedom of speech."

The following account of Margolin's hearing is necessarily incomplete, both because of the limited space and because of the impossibility of transcribing longhand an hour-long hearing. But it is as accurate and fair as is possible for me to produce:

After May read a short statement about Margolin's actions on December 11 and passed around a series of photos showing Margolin standing near May and in several case shouting, general discussion began.