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FO-3$0 (4-3-00)} (Mount Clipping in Space Below} Barnett Said ~ Not Entitled To Jury Trial Asst. U.S. Atty, Gen. Burke Marshall said here last night the Justice Department contends that Mississippi Gov. Ross R. Rarnett does not have a constitu- tional right to a jury trial for I i {Ingicate page, name of newspaper, city und sluole.) 1D ALABAMA JOURNAL MONTGOMERY, ALA, criminal contempt of the Fifth Circuit Court of Appeals, Marshall, who heads the de- partments civil rizhts division, said this is the posilion the cov- erament will take in arguments on the Barrett case before the U.S. Supreme Court. Marshall said ibe government's Position is that a Jury tral in the Burnett case is discretionary with | the court, net mandatory, Jf it: should be held mandatovy, he went| oa, there would be a quesiion of whelher it would be held before the district trial court or before the Court of Appeals. Marshali conceded that it is likely thal Barnett will be out of office before the question of the jury trial is settied and the actual trial gets underway. fea] | Fladition: Final ditions vais VISIT OF ATTORNEY . GENERAL TO MONTGOMERY The issue of the jury trina! went . . the US. Supreme Court when ADA a + 24-88 (6 8 NING he Court of Appeais split evenly on the question. Four of the judges leld Barnett has a constitutional Clinsitieation: MO 62 -109 8 Alte cles: MORDTTR riatti - ATU 2d i dad right to a jury trial while the other four heid that he is not. The criminal cantempt proceed- Inf afainst Barnelt arese out of his refusai to admit a Negro stu- dent, James H. Meredith, ta the University of Mississippi as or- dered by the appellate court. ; ee ook , Marshall accompanied U.S. ° ° ‘ity. Gea. Robert F. Kennedy on it here for a mecting with aly ‘ ~ I Wii ee Wallace. SS Se iat ed Se ee : SF oe oe pte en, ee ee et awe - we een ~~. a a ~— cae Pe in ee