The Trial
The original trial of the Chicago 8 was a conspiracy trial against 8 anti-war activists who allegedly conspired to incite a riot in Chicago on August 28, 1968 (Seale was later dropped, making it the ‘Trial of the Chicago 7’). Though there was little evidence to Seale’s involvement with the other alleged conspirators, he was seated in the courtroom nonetheless. Seale was joined by co-defendants: Abbie Hoffman and Jerry Rubin of the Youth International Party (Yippies), National Mobilization Committee to End the War in Vietnam (MOBE) leaders David Dellinger and Rennie Davis, Students for a Democratic Society cofounder Tom Hayden, and John Froines and Lee Weiner, who were not explicitly part of any of the groups.
On March 20th, 1969 Seale, along with the other seven defendants, were indicted by a grand jury. The arraignment occurred on April 9, 1969 and the trial began on September 24, 1969, with only one problem for Seale. Seale’s lawyer, Charles Gerry was unable to attend the trial due to a gallbladder surgery, and Judge Hoffman was unwilling to postpone.[1] Seale refused to allow William Kunstler, the attorney for the other seven, defend him, and even distanced himself physically from his co-defendants while in the court room.[2] J. Anthony Lukas, a New York Times reporter who covered the trial from the courtroom, wrote that when Seale was brought in, “I caught a quizzical look in his eyes, as though he were asking himself, ‘What the hell am I doing here?’”[3]
Seale did not take lightly to his lack of representation, and actively fought against Judge Julius Hoffman for fair treatment. Seale routinely disrupted courtroom proceedings, shouting "I have a right to defend myself!" when his name was mentioned.[4] Tensions between Seale and the Judge boiled over on October 29th, 1968. Perturbed by Seale's resistance, Judge Hoffman ordered the Marshalls to "Take that defendant into the room in there and deal with him as he should be dealt with in this circumstance.”[5]
On March 20th, 1969 Seale, along with the other seven defendants, were indicted by a grand jury. The arraignment occurred on April 9, 1969 and the trial began on September 24, 1969, with only one problem for Seale. Seale’s lawyer, Charles Gerry was unable to attend the trial due to a gallbladder surgery, and Judge Hoffman was unwilling to postpone.[1] Seale refused to allow William Kunstler, the attorney for the other seven, defend him, and even distanced himself physically from his co-defendants while in the court room.[2] J. Anthony Lukas, a New York Times reporter who covered the trial from the courtroom, wrote that when Seale was brought in, “I caught a quizzical look in his eyes, as though he were asking himself, ‘What the hell am I doing here?’”[3]
Seale did not take lightly to his lack of representation, and actively fought against Judge Julius Hoffman for fair treatment. Seale routinely disrupted courtroom proceedings, shouting "I have a right to defend myself!" when his name was mentioned.[4] Tensions between Seale and the Judge boiled over on October 29th, 1968. Perturbed by Seale's resistance, Judge Hoffman ordered the Marshalls to "Take that defendant into the room in there and deal with him as he should be dealt with in this circumstance.”[5]
Those in the courtroom knew what this meant, and all fell silent except for Bobby Seale, who continued to plead while being jostled out of the room by the Marshalls, “I still want to be represented. I still want to represent myself!”[6] For the next ten minutes a feeling of angst flooded the courtroom as Seale could be heard struggling through the wall. Seale returned, “his hands and feet chained to grey a metal chair. A gag of muslin passed through his mouth and… tied at the back of his neck”. Still, Seale persisted, as his muffled shouts were still audible. Once again Judge Hoffman motioned for the Marshalls, saying “I don’t think you accomplish your purpose with that contrivance.”[7] and once again Seale was removed, this time returning with a piece of adhesive tape over the reinforced gag. Perhaps more than any other singular moment in the trial, the gagging of Bobby Seale mobilized the Black anti-war movement. It brought together the fight against the war abroad and the fight for racial justice at home, and increased Black opposition to involvement in Vietnam.
[1] John Schultz, The Chicago Conspiracy Trial, (Da Capo Press New York 1990) p.40
[2] John Schultz p.42
[3] J. Anthony Lukas, The Barnyard Epithet and other Obscenities: Notes on the Chicago Conspiracy Trial, (Harper & Row: Philadelphia 1970) p.22
[4] Jason Epstien, “A Special Supplement: The Trial of Bobby Seale”, The New York Review of Books, December 4, 1969, p.22 https://web.archive.org/web/20160307160440/http://www.nybooks.com/articles/1969/12/04/a-spe
[5] J. Anthony Lukas, “Seale Put in Chains at Chicago 8 Trial”, New York Times, Oct 30, 1969; ProQuest Historical Newspapers: The New York Times
[6] Pnina Lahav, “Theater in the Courtroom: The Chicago Conspiracy Trial”, Law and Literature, Vol 16 No. 3 (Fall 2004) p.412
[7] J. Anthony Lukas, “Seale Put in Chains at Chicago 8 Trial”, New York Times, Oct 30, 1969; ProQuest Historical Newspapers: The New York Times
[1] John Schultz, The Chicago Conspiracy Trial, (Da Capo Press New York 1990) p.40
[2] John Schultz p.42
[3] J. Anthony Lukas, The Barnyard Epithet and other Obscenities: Notes on the Chicago Conspiracy Trial, (Harper & Row: Philadelphia 1970) p.22
[4] Jason Epstien, “A Special Supplement: The Trial of Bobby Seale”, The New York Review of Books, December 4, 1969, p.22 https://web.archive.org/web/20160307160440/http://www.nybooks.com/articles/1969/12/04/a-spe
[5] J. Anthony Lukas, “Seale Put in Chains at Chicago 8 Trial”, New York Times, Oct 30, 1969; ProQuest Historical Newspapers: The New York Times
[6] Pnina Lahav, “Theater in the Courtroom: The Chicago Conspiracy Trial”, Law and Literature, Vol 16 No. 3 (Fall 2004) p.412
[7] J. Anthony Lukas, “Seale Put in Chains at Chicago 8 Trial”, New York Times, Oct 30, 1969; ProQuest Historical Newspapers: The New York Times