Grand Jury Indictment of the Chicago Seven

Indictment

By: United States District Court

Date: September 1968

Source: Indictment. United States.v. David T. Dellinger, Rennard C. Davis, Thomas E. Hayden, Abbott H. Hoffman, Jerry C. Rubin, Lee Weiner, John R. Froines, and Bobby G. Seale. United States District Court, Northern District of Illinois, Eastern Division, 1968.

About the Author: United States District Courts are part of the federal judicial system. They oversee both civil and criminal trials, as determined by Congress and the Constitution. The system is divided into ninety-four districts, with a minimum of one district per state and one each for the District of Columbia and Puerto Rico. Illinois has both a Northern and Southern district, each of which is further subdivided.

INTRODUCTION

In August 1968 the Democratic National Convention was held in Chicago, Illinois, amid a series of protests against the Vietnam War. The protests began in an organized, almost entertaining manner, but escalated as the convention progressed, causing police to become concerned about the number of people involved. When an 11:00 p.m. curfew was announced, some members of the crowd began to throw rocks. The protest then morphed into a riot, with police using tear gas and batons to drive protestors back. While numerous participants were arrested, the "Chicago Eight" were indicted for conspiracy to riot. During the trial the following year, Black Panther Party activist Bobby Seale was separated from the group and tried alone due to his uncontrollable behavior in court, turning the Chicago Eight into the Chicago Seven.

PRIMARY SOURCE

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

UNITED STATES OF AMERICA

–vs–

DAVID T. DELLINGER, RENNARD C. DAVIS, THOMAS E. HAYDEN, ABBOTT H. HOFFMAN, JERRY C. RUBIN, LEE WEINER, JOHN R. FROINES, and BOBBY G. SEALE No. 69CRI80 Violation: Title 18, United States Code, Section 371, 231 (a) (1) and 2 101

INDICTMENT

The SEPTEMBER 1968 GRAND JURY charges:

1. Beginning on or about April 12, 1968, and continuing through on or about August 30, 1968, in the Northern District of Illinois, Eastern Division, and elsewhere,

   DAVID T. DELLINGER,

   RENNARD C. DAVIS,

   THOMAS E. HAYDEN,

   ABBOTT H. HOFFMAN,

   JERRY C. RUBIN,

   LEE WEINER,

   JOHN R. FROINES and

   BOBBY SEALE,

   defendants herein, unlawfully, wilfully and knowingly did combine, conspire, confederate and agree together and with

   WOLFE B. LOWENTHAL

   STEWART E. ALBERT,

   SIDNEY M. PECK,

   KATHIE BOUDIN,

   SARA C. BROWN,

   CORINA F. FALES,

   BENJAMIN RADFORD,

   BRADFORD FOX,

   THOMAS W. NEUMANN,

   CRAIG SHIMABUKURO,

   BO TAYLOR,

   DAVID A. BAKER,

   RICHARD BOSCIANO,

   TERRY GROSS,

   DONNA GRIPE,

   BENJAMIN ORITZ,

   JOSEPH TORNABENE

   and

   RICHARD PALMER

   being co-conspirators not named as defendants herein, and with diverse other persons, some known and others unknown to the Grand Jury, to commit offenses against the United States, that is:
   1. to travel in interstate commerce and use the facilities of interstate commerce with the intent to incite, organize, promote, encourage, participate in, and carry on a riot and to commit acts of violence in furtherance of a riot, and to aid and abet persons in inciting, participating in, and carrying on a riot and committing acts of violence in furtherance of a riot, and during the course of such travel, and use, and thereafter, to perform overt acts for the purpose of inciting, organizing, promoting, encouraging, participating in, and carrying on a riot, and committing acts of violence in furtherance of a riot, and aiding and abetting persons in inciting, participating in, and carrying out a riot, and committing acts of violence in furtherance of a riot, in violation of Section 2101 of Title 18, United States Code; and
   2. to teach and demonstrate to other persons the use, application, and making of incendiary devices, knowing, having reason to know, and intending that said incendiary devices would be unlawfully employed for use in and in furtherance of civil disorders which may obstruct, delay and adversely affect commerce and the movement of articles and commodities in commerce and the conduct and performance of federally protected functions, in violation of Section 231 (a) (I) of Title 18, United States Code; and,
   3. to commit acts to obstruct, impede, and interfere with firemen and law enforcement officers lawfully engaged in the lawful performance of their official duties incident to and during the commission of civil disorders which obstruct, delay, and adversely affect commerce and the movement of articles and commodities in commerce and the conduct and performance of federally projected functions in violation of Section 231 (a) (3) of Title 18, United States Code.
2. It was a part of said conspiracy that from on or about April 12, 1968, through on or about August 24, 1968, the defendants DAVID T. DELLINGER, RENNARD C. DAVIS, THOMAS E. HAYDEN, ABBOTT H. HOFFMAN and JERRY C. RUBIN, and other co-conspirators not named as defendants herein, would organize and attend various meetings, would publish and cause to be published articles, and would make and cause to be made long distance telephone calls for the purpose of encouraging persons to come to Chicago, Illinois, to participate in massive demonstrations during the period of on or about August 25, 1968, through on or about August 29, 1968.
3. It was a further part of said conspiracy that the defendants DAVID T. DELLINGER, RENNARD C. DAVIS and THOMAS E. HAYDEN, and other co-conspirators not named as defendants herein, would maintain and cause to be maintained an office of the National Mobilization Committee to End the War in Vietnam at 407 South Dearborn Street, Chicago, Illinois, and other "movement centers," to be used for the planning and organizing of activities to take place in Chicago during the period of on or about August 25, 1968, through on or about August 29, 1968.
4. It was a further part of said conspiracy that from on or about August 13, 1968, through on or about August 24, 1968, the defendants DAVID T. DELLINGER, RENNARD C. DAVIS, THOMAS E. HAYDEN, ABBOTT H. HOFFMAN, JERRY C. RUBIN, LEE WEINER and JOHN R. FROINES and other co-conspirators not named as defendants herein, would select and cause to be selected persons designated as "marshals" and would conduct and cause to be conducted training sessions for such "marshals" at which instructions would be given in techniques of resisting and obstructing police action, including karate, Japanese snake dancing, methods of freeing persons being arrested, and counter kicks to knee and groin.
5. It was further part of said conspiracy that from on or about August 1, 1968, through on or about August 29, 1968, the defendants DAVID T. DELLINGER, RENNARD C. DAVIS, THOMAS E. HAYDEN, ABBOTT H. HOFFMAN, JERRY C. RUBIN, LEE WEINER, JOHN R. FROINES and BOBBY G. SEALE, and other coconspirators not named as defendants herein, would plan, carry into effect, and cause to be carried into effect actions and tactics to be employed by groups of persons in Chicago, Illinois, during the period of on or about August 25, 1 968, through on or about August 29, 1968, which actions and tactics would include but would not be limited to the following:
   1. large numbers of persons would march to the International Amphitheatre, Chicago, Illinois, even if permits authorizing such marches were denied;
   2. large numbers of persons would remain in Lincoln Park, Chicago, Illinois, after 11:00 p.m., even if permits authorizing such persons to remain were denied, and would set up defenses and would attempt to hold the Park against police efforts to clear it, were permits denied;
   3. large numbers of persons would break windows, set off false fire alarms, set small fires, disable automobiles, create disturbances at various hotels in the Chicago Loop area, and throughout the city of Chicago, for the purpose of disrupting the city and causing the deployment of military forces;
   4. on or about August 28, 1968, large numbers of persons would block, obstruct and impede pedestrian and vehicular traffic in the Chicago Loop area, and would occupy and forcibly hold all or part of the Conrad Hilton Hotel in Chicago.
6. It was a further part of said conspiracy that from on or about August 25, 1968, through on or about August 29, 1968, the defendants DAVID T. DELLINGER, RENNARD C. DAVIS, THOMAS E. HAYDEN, ABBOTT H. HOFFMAN, JERRY C. RUBIN, LEE WEINER, JOHN R. FROINES and BOBBY G. SEALE, and other coconspirators not named as defendants herein, would make statements and speeches to assemblages of persons encouraging them to remain in and hold Lincoln Park against police efforts to clear it after permits to remain therein had been denied; to march to the International Amphitheatre after permits authorizing such march had been denied; to make weapons to be used against the police; to shout obscenities at, throw objects, threaten and physically assault policemen and National Guard troops; and to obstruct traffic and damage and seize property in the city of Chicago.
7. It was a further part of said conspiracy that on or about August 27, 1968, BOBBY G. SEALE would travel to Chicago, Illinois, where he would speak to assemblages of persons for the purpose of inciting, organizing, promoting and encouraging a riot.
8. It was a further part of said conspiracy that JOHN R. FROINES and LEE WEINER would teach and demonstrate to other persons the use, application and making of an incendiary device, intending that said incendiary device would be employed to damage the underground garage at Grant Park, Chicago, Illinois, on the evening of August 29, 1968.
9. It was a further part of said conspiracy that the defendants and co-conspirators would misrepresent, conceal, and hide and cause to be misrepresented, concealed and hidden, the purpose of and the acts done in furtherance of said conspiracy.

Overt Acts

At the times hereinafter mentioned the defendants committed, among others, the following overt acts in furtherance of the conspiracy and to effect the objects thereof:

1. The Grand Jury realleges and incorporates by reference the allegations contained in Counts 11 through VIII of this indictment, each of which count is alleged as a separate and distinct overt act.
2. On or about July 23, 1968, JERRY C. RUBIN spoke to an assemblage of persons at 48th Street and Park Avenue, New York, New York.
3. On or about July 25, 1968, THOMAS E. HAYDEN spoke to an assemblage of persons at the Diplomat Hotel, New York, New York.
4. On or about August 1, 1968, RENNARD C. DAVIS spoke to an assemblage of persons at 30 West Chicago Avenue, Chicago, Illinois.
5. On or about August 15, 1968, RENNARD C. DAVIS, THOMAS E. HAYDEN and JOHN R. FROINES participated in a meeting at Lincoln Park, Chicago, Illinois.
6. On or about August 18, 1968, RENNARD C. DAVIS, LEE WEINER and JOHN R. FROINES participated in a meeting at 1012 North Noble Street, Chicago, Illinois.
7. On or about August 20, 1968, RENNARD C. DAVIS, ABBOT H. HOFFMAN, LEE WEINER and JOHN R. FROINES participated in a meeting at the National Mobilization Committee office at 407 South Dearborn Street, Chicago, Illinois.
8. On or about August 24, 1968, DAVID T. DELLINGER, RENNARD C. DAVIS, THOMAS E. HAYDEN, ABBOTT H. HOFFMAN, LEE WEINER and JOHN R. FROINES attended a "marshal" training session at Lincoln Park, Chicago, Illinois.
9. On or about August 25, 1968, DAVID T. DELLINGER, RENNARD C. DAVIS, THOMAS E. HAYDEN and ABBOTT H. HOFFMAN met at the National Mobilization Committee office at 407 South Dearborn Street, Chicago, Illinois.
10. On or about August 26, 1968, RENNARD C. DAVIS, JERRY C. RUBIN, LEE WEINER, and JOHN R. FROINES met at Lincoln Park, Chicago, Illinois.
11. On or about August 27, 1968, JERRY C. RUBIN, BOBBY G. SEALE and others spoke to an assemblage of persons at Lincoln Park, Chicago, Illinois.
12. On or about August 28, 1968, DAVID T. DELLINGER, THOMAS E. HAYDEN, JERRY C. RUBIN and others spoke to an assemblage of persons at Grant Park, Chicago, Illinois.
13. On or about August 29, 1968, LEE WEINER and JOHN R. FROINES engaged in a conversation at Grant Park, Chicago, Illinois.

All in violation of Section 371 of Title 18, United States Code.

Count II

The SEPTEMBER 1968 GRAND JURY further charges: That during the period beginning on or about July 20, 1968, through on or about August 22, 1968,

DAVID T. DELLINGER,
defendant herein, did travel in interstate commerce from outside the State of Illinois to Chicago, Illinois, Northern District of Illinois, Eastern Division, with intent to incite, organize, promote and encourage a riot and, thereafter, on or about August 28, 1968, at Grant Park, Chicago, Illinois, he did speak to an assemblage of persons for the purpose of inciting, organizing, promoting and encouraging a riot, in violation of Title 18, United States Code, Section 2101.

Count III

The SEPTEMBER 1968 GRAND JURY further charges: That during the period beginning on or about July 20, 1968, through on or about August 1, 1968,

RENNARD C. DAVIS,
defendant herein, did travel in interstate commerce from outside the State of Illinois to Chicago, Illinois, Northern District of Illinois, Eastern Division, with intent to incite, organize, promote and encourage a riot, and thereafter, on or about August 1, 1968, at 30 West Chicago Avenue, Chicago, Illinois, and on or about August 9, 1968, at 407 South Dearborn Street, Chicago, Illinois, and on or about August 18, 1968, at 1012 North Noble Street, Chicago, Illinois, and on or about August 26, 1968, at Grant Park, Chicago, Illinois, he did speak to assemblages of persons for the purpose of inciting, organizing, promoting and encouraging a riot; in violation of Title 18, United States Code, Section 2 101.

Count IV

The SEPTEMBER 1968 GRAND JURY further charges: That during the period beginning on or about July 20, 1968, through on or about August 22, 1968,

THOMAS E. HAYDEN,
defendant herein, did travel in interstate commerce from outside the State of Illinois to Chicago, Illinois, Northern District of Illinois. Eastern Division, with intent to incite, organize, promote and encourage a riot and, thereafter, on or about August 26, 1968, at Grant Park, Chicago, Illinois, he did speak to assemblages of persons for the purposes of inciting, organizing, promoting and encouraging a riot; in violation of Title 18, United States Code, Section 2101.

Count V

The SEPTEMBER 1968 GRAND JURY further charges: That during the period beginning on or about August 1, 1968, through on or about August 7, 1968,

ABBOTT H. HOFFMAN,
defendant herein, did travel in interstate commerce from outside the State of Illinois to Chicago, Illinois, Northern District of Illinois, Eastern Division, with intent to incite, organize, promote and encourage a riot and, thereafter, on or about August 26, 1968, at Lincoln Park, Chicago, Illinois, and on or about August 27, 1968, at Lincoln Park, Chicago, Illinois, and on or about August 29, 1968, at Grant Park, Chicago, Illinois, he did speak to assemblages of persons for the purpose of inciting, organizing, promoting, and encouraging a riot; in violation of Title 18, United States Code, Section 2101.

Count VI

The SEPTEMBER 1968 GRAND JURY further charges: That during the period beginning on or about July 23, 1968, through on or about August 21, 1968,

JERRY C. RUBIN,
defendant herein, did travel in interstate commerce from outside the State of Illinois to Chicago, Illinois, Northern District of Illinois, Eastern Division, with intent to incite, organize, promote and encourage a riot and, thereafter, on or about August 25, 1968, at Lincoln Park, Chicago, Illinois, and on or about August 26, 1968, at Lincoln Park, Chicago, Illinois, he did speak to assemblages of persons for the purposes of inciting, organizing, promoting and encouraging a riot; in violation of Title 18, United States Code, Section 2101.

Count VII

The SEPTEMBER 1968 GRAND JURY further charges: That on or about August 29, 1968, at Chicago, Illinois, in the Northern District of Illinois, Eastern Division,

JOHN R. FROINES and LEE WEINER,
defendants herein, did teach and demonstrate to other persons the use, application and making of an incendiary device knowing, having reason to know and intending that said incendiary device would be unlawfully employed for use in and in furtherance of a civil disorder which may obstruct, delay and adversely affect commerce and the movement of articles and commodities in commerce; in violation of Title 18, United States Code, Section 231 (a) (1).

Count VIII

The SEPTEMBER 1968 GRAND JURY further charges: That on or about August 27, 1968,

BOBBY G. SEALE,
defendant herein, did travel in interstate commerce from outside the State of Illinois to Chicago, Illinois, Northern District of Illinois, Eastern Division, with intent to incite, organize, promote and encourage a riot and, thereafter, on or about August 27, 1968, at Lincoln Park, Chicago, Illinois, and on or about August 28, 1968, at Grant Park, Chicago, Illinois, he did speak to assemblages of persons for the purposes of inciting, organizing, promoting and encouraging a riot; in violation of Title 18, United States Code, Section 2101.

SIGNIFICANCE

Before the 1968 Democratic convention, several radical groups met to discuss how the event could be used as an opportunity to demonstrate their opposition to the Vietnam War and other government policies. The National Mobilization to End the Vietnam War (MOBE) had a political agenda, while Yippies, members of the Youth International Party (YIP), were mostly counterculture media hounds concerned with attention-getting publicity stunts. In addition, the Black Panther Party and the Southern Christian Leadership Conference wanted to protest the racist nature of many American policies. Several potential protest strategies were discussed among the groups, including a boycott, uniting behind an antiwar candidate such as Eugene McCarthy, staging an event that would completely disrupt the conference itself, or a series of peaceful protests and teach-ins involving as many antiwar protestors as they could convince to join them.

Ultimately, they settled on a nonviolent protest. The Yippies also planned a festival to coincide with the protests, promoting music, theater, dance, and poetry. They billed the event as an alternative to the staid convention and support of Lyndon Johnson, and a way to advocate the freeing of America.

However, Mayor Richard Daley and other Chicago officials were concerned that the demonstrations would reflect badly on the city during the convention, which they considered a prime opportunity to promote Chicago as a business and tourist destination. When demonstrators applied for permits to sleep in the parks, for example, their requests were denied; other permit requests were turned down, too, in an attempt to control crowd numbers. The 11:00 p.m. curfew was posted, and the city arranged for extra police, army, and national guardsmen to serve during the convention as a precautionary measure. Although protest leaders sued to have the curfew overturned and to gain access to the parks, the federal district court denied their request.

Ultimately, the protestors chose to ignore the city's mandates: they set up camps in the parks and refused to leave at curfew. The police charged the parks at 11:00 to force the protestors to vacate, while the protestors were determined to hold fast, encouraged by leaders such as Abbie Hoffman and Rennie Davis, the latter of whom communicated via a bullhorn.

After their arrests, the Chicago Eight (later Seven), continued to protest on any stage available. During their trials, they refused to stand at the judge's entrance, blew kisses to the jury, and on occasion wore judicial robes and hurled insults at members of the court. The judge found both the defendants and their attorneys in contempt, ultimately issuing more that 150 citations. (These were later overturned by a court of appeals because contempt sentences of that length required jury trials.)

Before 1968, such protests would have been dealt with by local police, but the Civil Rights Act had made it illegal to cross state lines with the intention of inciting a riot, and so many of the organizers arrested during the protest were held and later indicted on this charge. Ultimately, five members of the Chicago Seven were convicted of intent to incite a riot across state lines, but were acquitted on all conspiracy charges. The five convictions were overturned on appeal.

FURTHER RESOURCES

Books

Farber, David. Chicago '68. Chicago: University of Chicago Press, 1988.

Wiener, Jon, ed. Conspiracy in the Streets: The Extraordinary Trial of the Chicago Eight. New York: New Press, 2006.

Schultz, John. Chicago Conspiracy Trial. New York: Da Capo, 1993.

Web sites

University of Missouri-Kansas City Law School. "Famous American Trials: "The Chicago Seven' Trial—1969– 1970" <http://www.law.umkc.edu/faculty/projects/ftrials/Chicago7/Account.html> (accessed May 25, 2006).