June 24, 1971

Repr T P O' Neill says he will offer motion to instruct HR conferees to accept Mansfield amendment; HR observers believe motion will be voted down; many backers of amendment who voted for closure agree with Sen Pastore who told Sen that if amendment is deleted in conf he will never again vote for closure on the draft bill

US Appeals Ct, 5-3, orders further delay on Times series; holds that after June 25 Times can resume pub of series but cannot use any material that Govt contends is dangerous to natl security; orders Gurfein to hold secret hearings and determine by July 3 which portions of study should not be published for security reasons; A O Sulzberger instructs Times's counsel to appeal to US Sup Ct as soon as possible; crucial item in ct decision is sealed list submitted by Govt containing list of items that Govt says would cause grave natl danger if disclosed; Times objects because at Gurfein trial Govt cited only 6 items as dangerous; Appeals Ct says Govt must be given opportunity to prove that items it submitted are dangerous; text of majority opinion

Fed grand jury, Los Angeles, probes how Pentagon study reached NY Times; one witness is A J Russo, known as close friend of Ellsberg; he refuses to testify on ground of self-incrimination; again refuses to testify after being granted immunity by Fed Ct; Justice Dept seen centering probe on Rand Corp where Ellsberg and Russo worked; several Rand employes, but not Russo, worked on Pentagon study

Por

Civil Ct finds Manhattan landlord liable for $10,000 damages in rape of young woman in her E Village apt because he allegedly failed to repair window through which rapist entered victim's bedroom; landlord reptdly will appeal; decision seen opening up new avs of ct action against landlords neglecting to make essential repairs