SIRICA BARS DELAY IN COVER‐UP TRIAL; NIXON IS EXCUSED
Judge John J Sirica on Dec 5 says former Pres Nixon need not testify on witness stand or through deposition in Watergate cover-up trial; cites as reasons for decision Nixon's poor health and type of testimony that he could be expected to give in response to questioning by attys for 3 defendants who have sought his testimony; questions value of any testimony Nixon might have given and points out that Nixon is unindicted co-conspirator in case; says remaining testimony in trial can be concluded 'well before' Jan 6, earliest date on which ct-apptd drs have said Nixon could provide deposition; defendants John D Ehrlichman, J N Mitchell and H R Haldeman had asked for permission to take Nixon's deposition on Jan 6; Sirica asks jurors to decide whether they would be willing to sit longer in afternoons and attend ct on Saturdays in attempt to conclude trial by Dec 19 or 20; attys for 3 defendants who sought Nixon's deposition say they have no plans to contest Sirica's ruling before case goes to jury for verdict; Nixon's atty Herbert J Miller Jr files response with Sirica contesting Ehrlichman's motion to take Nixon's deposition, saying that Nixon would not in fact have been ready to take a deposition by Jan 6; says Nixon needs 'substantial' amount of time to 'prepare for the interrogation'; contends Nixon's attys have been able to do little preparation so far because 'shipment of Mr Nixon's records to Calif' had been 'embargoed'; H R Haldeman rests his case; John D Ehrlichman begins his defense; Charles W Colson testifies as 'ct witness'; says Haldeman told him on Mar 23 '73 in conversation about possibility that burglar E Howard Hunt might tell the truth to the authorities, 'We can't let that happen'; says Mitchell remarked to him in June '72 that if he knew the room in which a meeting was to be held, he would be able to tell exactly what was being said at the meeting, a remark Colson interpreted as statement that room could be bugged; says that in Jan '73 Ehrlichman told him he could speak to Hunt's atty and give him assurances of his, Colson's, continued friendship for Hunt (L)