Caged Panthers

Twelve of the 13 Black Panthers accused of plotting to blow up New York City police stations and department stores remain in jail. Since April, they have been unable to raise money for their high bail, which ranges from $50,000 to $100,000 each. Last week they underlined their unwillingness to cooperate with New York Supreme Court Justice John M. Murtagh, who had said that he would not reopen their pretrial hearings until they promised in writing to behave in court (TIME, March 9). Instead of complying, the Panthers demanded a reduction in their "contemptuous" bail and a reconsideration of the charges against them by a grand jury composed largely of poor people.

At the same time, lawyers for the Panthers began a legal challenge to Murtagh's novel tactic for bringing order back to the courtroom. In a request to State Supreme Court Justice John J. Leahy for a writ of habeas corpus, they contend that Murtagh's action has the effect of holding the defendants in contempt without the safeguard of specified charges or an opportunity to rebut them in a formal procedure. Murtagh's demand for a written promise to behave, they added, violated their rights by asking them to admit prior criminal behavior.

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