December 9, 1972

drs rept Truman shows slight improvement; Mrs Daniel comments; Sens E M Kennedy and H H Humphrey phone hosp; Shah of Iran sends message; Dr Graham says Truman's heart condition is unstable

Fed Dist Ct Judge W M Byrne Jr on Dec 8 says that he plans to declare mistrial on Dec 11 because US Ct of Appeals in San Francisco has said that it is 'foolish' to proceed with current jury in Pentagon papers case; jury was empaneled 4 mos ago; Byrne says it is his intention to discharge jury and proceed with selection of new jury; says he believes Ct of Appeals is advising that there is substantial danger that case tried by this jury might be disturbed on appeal; says that in view of case's high cost to taxpayers he does not want to take risk; Byrne postpones officially declaring mistrial until Dec 11 because defendant P Ellsberg is not present in ct; says he wants to assure himself personally that Ellsberg understands what it means to waive his protection against double jeopardy; when Ellsberg and Russo 1st asked for mistrial on ground that jury must have become influenced during trial's hiatus, 1 of Govt's contentions was that under double jeopardy mistrial could mean that neither defendant could be tried again; Ellsberg and Russo then waived double jeopardy rights and Russo does so again on Dec 8

Apollo 17 astronauts on Dec 9 fire main engine of command module when craft is 147,500 mi from earth, increasing velocity from 2,768 to 2,775 mph and altering angle of approach to moon; NASA says engine burn will compensate for time lost during launching; Capt Cernan and Dr Schmitt enter lunar module; check switch positions and circuit breakers and communications links with command module and antennas on earth in over-all test to determine how well lunar module withstood vibrations during launching; activate some of lunar module's control systems and unload lunar-landing equipment; rept 1 of 12 latches linking command and lunar module is not engaged, but NASA maintains problem is minor; conduct experiment in behavior of liquids under zero-gravity conditions and take star sightings to sharpen spacecraft's trajectory; transmit descriptions of weather conditions over much of earth; Dr Schmitt looks at earth and reflects on origin of life; wife of Comdr Evans and daughter of Capt Cernan illus; schematic diagram and itinerary of mission highlights

E Harlem parents announce on Dec 8 that they will end 2-wk boycott of 14 Dist 4 schools and send children back to classes on Dec 11; vow to continue efforts to obtain more school funds, to restore recent budget cuts and improve school programs, and, if necessary, resume boycott; NYC School Chancellor Scribner issues 1-word statement, 'delighted,' after hearing of boycott's end; most boycott leaders felt it was pointless to continue to keep children out of school now that boycott had called attention to parents' concerns and local school needs, and that continuation would not lead to additional funds at this time; boycott, which began on Nov 22, was triggered by ordered transfer to other dists of 11 asst principals and 5 teachers who were in excess of Dist 4's budget allocation; issue of excessing of school personnel is now being contested in cts in suits brought by Council of Supervisors and Admrs and NYC School Bds Assn

Irish Repub voters decide overwhelmingly to abolish 'special position' of Roman Cath Church in Const, results of natl referendum announced on Dec 8; Prime Min Lynch hails results as important symbol of desire for reconciliation with Protestant majority in Brit province of Northern Ireland; provision of church, repeal of which was supported by 85% of some 850,000 people who voted on Dec 7, has often been cited by Northern Ireland ProtS as 1 reason why they fear reunification with ind Irish Repub, which is 95% Cath; provision reads: 'The state recognizes the special position of the Holy Cath Apostolic and the Roman Church as the guardian of the faith professed by the great majority of the citizens'; provision has been viewed by many as meaningless because it has no bearing on other church-influenced features of society; Lynch and his mins are disappointed by low turnout; only about 50% of 1.7-million eligible to vote went to polls; voters also vote to lower voting age from 21 to 18 with about 85% in favor