Out-of-Court Agreements Avert Two Trials

Out-of-court agreements have averted two potentially stormy trials and let off four ex-Harvard students charged with trespass for their participation in the militant picket line around University Hall last spring, without a night in jail.

Following an appeal that suspended a two-month jail sentence, Cheyney P. Ryan '70 is on probation until June, and Daniel P. Veech '70. Emily H. Bailey '70, and Thomas R. Bailey '73 have been given "a continuance without-finding" until June of their trial, which began last December.

Ryan, Veech, and both Baileys were dismissed from the University in December 1969 for their participation in an obstructive sit-in in support of promoting Harvard's painters' helpers. Any student dismissed from the University is liable for trespass if he comes back on the campus.

Worthwhile

Veech said Sunday night, "Our continuance is a victory. It proves that the University thinks it's more worth-while to avoid militant trials like Cheyney's than send us to jail."

Archibald Cox '34, University troubleshooter, said Harvard asked for, and the Cambridge courts agreed to grant, a continuance to Veech and both. Baileys in response to an offer by the defendants. "The lawyers of the three defendants called and asked if the University would agree not to prosecute on the condition that they [the defendants] not engage in the same kind of misconduct again."

The Last Ounce

"We did not want to exact the last ounce of blood, the last pound of flesh," Cox said Tuesday, "and they assured the court that they would not come back and take part in any further obstructive conduct."

Veech said that neither he nor the other two defendants has spoken to Cox about receiving a continuance on the condition that they not engage in further militant activities at Harvard, but he added, "Our lawyers said that we'd probably get a continuance." One of his co-defendants, Emily Bailey, said later, "We don't want to talk about this."

Ryan said that he had "sounded the University out" about either dropping the charges or settling out of court prior to the hearing of his appeal last February.

"Cox was very vague about it," Ryan said. "He said he wanted a conviction but he didn't care about sending me to jail. So I talked to the District attorney handling my case [Richard Steinberg], and he said that Harvard wanted to settle out of court and avoid a political trial. And when we got to court, the judge [Lawrence Feloney] said he didn't want to have another political trial."

Steinberg denied Tuesday telling Ryan that Harvard wanted to avoid a political trial. "On the contrary, Harvard was willing to go ahead and try to get the conviction upheld incourt. Ryan said, "What can I do?', and I suggested that he go for probation on the condition that he not set foot on the campus again. He agreed."

Steinberg also denied that Feloney had said that he "didn't want to have another political trial." "That's a lot of baloney," Steinberg said.