Superior Court Convicts Students; Probations Range from 1-3 Years

A Massachusetts Superior Court jury yesterday found six Harvard students guilty of disturbing the peace. Judge James C. Roy sentenced the six to three month suspended jail terms, $200 fines, and probationary terms of up to three years.

The students were arrested at 3:15 a.m. last October 2 in front of Claverly Hall. They testified that although they spent the evening putting up SDS anti-war posters. they did not put up any posters at Claverly Hall and were just meeting there before going home.

Attorneys for the defense called 14 witnesses, all residents of Claverly Hall, who testified that they had not been disturbed on the night of October 2.

"Unusually Long Probation"

James S. Donnelly, attorney for the defense, said that "the probation sentences were unusually long for the offense." Peter H. Knapp, a teaching assistant, and John Levinson '73 received three year probations. Van R. McGec '71, Lowry Hemphill '72, and Ellen J. Messing '72 received two year probations. John Berman '70 received a one year probation.

If any of the defendants are convi?ted of another offense during their terms of probation, they will automatically receive the three months jail sentence.

The Commonwealth's case rested on the testimony of one witness, Cambridge Police officer Edward J. Graham, Graham testified that every one of the defendants "had a four letter word" for him and that they were shouting. He also said that when he arrived four students wereon the sidewalk and two were in the car.

All the defendants testified that they had not used any loud or profane language. They also maintained that three of the students stayed in the car reading and talking quietly for the entire 45 minute period proceeding.

All six defendants and two other witnesses testified under oath that they heard Graham say at the earlier District Court trial. "People were speaking in a level tone of voice louder than a whisper but less than a shout, but at that hour even a whisper disturbs the peace."

Prosecuting attorney Leonard M. Frisoli Jr. questioned the credibility of the Claverly witnesses, and said. "It's not the quantity of the evidence that counts but the quality. You can belive the testimony of Officer Graham 100 times over these defendants and their witnesses."

Judge Roy cited the six defendants for contempt of court yesterday when they did not appear promptly at 10 a.m. Although Roy refused to accept the defendants' reasons for being late, he did drop the charges later in the day.