The Student Newspaper of the University of North Carolina at Charlotte
Volume XIV, Number 40
Charlotte, North Carolina
April 12, 1979
Both sides of Wilmington 10 presented
By Cathy Ray
There was a moderate turnout for
the Monday night program, “The
Wilmington 10 Case: Weaknesses and
Strengths of the Criminal Justice
System and Processes it Reveals."
The program, which was slated to
begin at 7:30 p.m., was delayed tem
porarily until James Ferguson could
arrive. Ferguson explained to the au
dience his tardiness was directly caus
ed by a current problem Rev. Ben
Chavis is having with the court
system.
(Chavis has allegedly violated
parole because of his recent
statements to the press.)
The toss of the coin, which deter
mined the order of the speakers, was
won by Ferguson. He spoke about the
case for 15 minutes.
Ferguson began his talk by giving
general information on the case. The
Wilmington 10 case was one of the
longest trials ever held in North
Carolina. It also holds the distinction
of being one of the longest litigated
post-conviction cases in the state.
The central issue in the case, accor-
Injunction filed on elections
confuses all parties involved
By Rick Monroe
An injunction filed in Student
Superior Court has stopped the in
auguration of all government persons
elected in the recent student body
elections. The injunction, requested
by senior class president-elect Alex
Pearce, was the the topic of a special
session of the Student Legislature
held today at 12:30 p.m. Joel Gilland,
chairperson of the legislature, has re
quested the justices attend the ses
sion, as well as representatives from
the student media and the University
Program Board (UPB).
A copy of the injunction was not
available at press time, however, a
memorandum from Chief Justice
Keginald Irby to Gilland said the
reason for the injunction was “the
many discrepancies and alleged viola
tions by the Elections and Publicity
Staff in the recent elections." At
torney General Billie Stickell, who
has been investigating alleged im
proprieties in the election of class
presidents, said she had not seen a
copy of the injunction and could not
comment on the specifics of Pearce's
complaints. She also said the viola
tions uncovered in her investigation
warranted a blanket injunction
against all elections. Irby, however,
could not be reached for comment.
According to the memorandum to
Gilland (Irby and a copy of the actual
Ben Chavis is the only member of the
Wilmington 10 still in prison.
ding to Ferguson, was whether young
black activists of the 1960s could be
treated fairly in the court system in
the 1970s. Ferguson further said the
10 were not dealt with fairly, that the
manner in which evidence against the
defendants was gathered, and the
manner in which the trial itself was
held was unfair.
After Ferguson's address, Jay
Stroud was allowed a 20-minute talk
on the case. Stroud's reply was the
injunction still had not been located)
the injunction was “to temporarily
halt all goverment installations...”
Tom Chumley, former Elections
and Publicity chairperson, said,
"Almost everything controversial
that has happened with elections has
been because of one of the worst
documents written in the school's
history—the Elections and Publicity
Act.
“I was put in a position, as elec
tions chair, where I had to interpret
an act that makes no sense anyway.
No act at all would be better. For ex
ample," Chumley said, “if the act is
interpreted literally, as was the case
with the publicity on glass, all 52 can
didates would be in violation of the
act simply by voting. For it states in
the act that no candidate can be
within 25 feet of the polls.”
Gilland felt the situation was
“blown out of proportion.
“I don't think anybody fully
understands everything that's going
on and that's what (the special
meeting of the legislature) is all
about," Gilland said.
“Nobody is at fault because
everybody is doing what they think is
right," he continued. “My goal for to
day's meeting is for everybody to
walk out understanding everybody's
position."
Wilmington 10 were dealt with fairly
and routine procedures were used in
gathering evidence against the defen
dants.
When questioned by political
science professor Dennis Dorin as to
whether he felt politics and racism
played any part in the outcome of the
trial, Ferguson responded these fac
tors played substantial roles in the
outcome of the case. Dr. Ray
Michalowski questioned Stroud
about the fact that in a number of
North Carolina trials regarding
blacks, as in the Wilmington 10 trial,
the state's witnesses have been other
blacks under threat of prison sen
tences.
One of the panel asked to know how
Ferguson and Stroud felt about the
Rubella striking campus
By Luann Whitley
Presently, 12 cases of rubella, ger
man measles, have been reported on
campus. Dr. Kevin J. Soden, director
of health services, said, "It is not an
epidemic. Students should not blow
this all out of proportion."
The incubation period for rubella is
two weeks. From the cases reported
to the health center, it is almost im
possible for students to know
whether or not they have been in con
tact with the disease.
“If a student thinks he/she has
rubella, they should report to the
Loco-Motion coming for Jam-Up
See story on page 8
effects of jury composition (10 whites,
two blacks) on the trial. Ferguson felt
it "had significant impact" in that
the two blacks on the jury were
domestics who he believed would
have been subjected to pressure had
they not agreed with the white ma
jority.
Stroud, on the other hand, felt the
two blacks were “independent and
could form their own opinions about
the case.
Another panel question to Stroud
was why he requested the jury pool
come from somewhere other than
Pender County, where Burgaw is
located. Stroud’s answer was people
in Pender County were intimidated
by some intimidation campaign
started by Chavis.
health center so it can be confirmed,”
Soden said.
Rubella usually begins with a rash
which starts on the chest and spreads
out to the arms. It is important for
pregnant women to be aware of the di
sease and take caution, since rubella
does harm the unborn fetus.
The health center urges the
students with rubella to go home if it
is possible. Dorm students contrac
ting the disease who cannot go home
should stay away from other
students.