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Mohr Wick Casper Callahan Marshall Grilled by Senate Critics . But Signs Point gy ee a _ To Easy Sailing i / tel For Court Post By John P, MacKenzie Washing rRost Stall Writer Thurgood’"Marshall, on his . Way 10” Beeomingy “the first Negro to serve on the Su- preme Court, was grilled for an hour yesterday by hostile Southern Senators eager to show their disapproval of the Court and of Marshail’s liberal record. The cross-examination re- sumes at 10:30 a.m. today amid signs that President Johnson's nominee will sail through after opponents have vented thelr feelings. Senate Judiciary Committee Chairman James O, Eastland (D-Miss.) and Sen. John L. MeClellan (D-Ark.) tried with- out success to draw Marshall into a discussion of recent con- troversial Court decisions on the rights of suspects in crimi- nal cases. Marshall replicd firmly that such 2 discussion would be im- proper hecause related consti- Photos by Wally McNames—The Washington Post tutional issues are pending in THURGOOD MARSHALL the Court now. He agreed with McClellan that crime was a r “critical” national problem, No Recent Statements Tolsen — (soy to aeae ® } IteLoach ‘ nena Co The New York ‘Times World Journal Tribune | | mx, The 58-year-vld U.S. Solici- (New York) ___. SEN. JOHN L. McCLELLAN “Yom General said he often had The Sun (Waltimore) —. SA. shall grilled by opponent. commented on Supreme Court 7 — Marshall grilled by opp ——,rulings in the past but since The Worker —. _ itis nomination June 13, “I, The New Ecuder haven't made any statements The Wall Street Journal ____. to anybody about anything, The National Observer Marshall conceded that he oo “never said I disagreed” with Peaple’s World the Court’s 5-ta4 decision re- jStricting the use of confes- Date sions. But he reminded Mc- ClelNan that he argued last year ‘on behalf of the Justice De- -| partment that the Court should|___ fo no further than to require |E i State police to warn suspects of | - their rights in accordance with? / longstanding FBI practice, McClellan asked whether yo... crime had risen to the level of 4 threat to “national security” and Marshall sald he didn’t know. McClellan, sponsor off égislation to authorize wire- tapping and electronic eaves- dropping, has been attacking the Johnson Administration's ban on “bugging” except in national security cases, After McClellan repeatedly said he could not judge Mar- shall’s qualifications on the basis of his testimony, Sen, Edward M, Kennedy (D-Mass.) and other supporters pointed| to Marshall’s career ag chief legal counsel for the NAACP Defense Fund and his four f years as a Federal judge. Dissent Cited Kennedy offered to Supple. ment the record with samples of the nominee's legal briefs and speeches, McClellan said the record should include a Marshall dissent whfle on the 2d U.S. Cireuit Court of Ap- peals urging that the Supreme Court’s search-and-sejzure rules apply retroactively, The Supreme Court later disagreed with Marshall, ‘ Marshail was warmly intro-| duced by Sen. Jacob K. Javits (R-N.Y.) and Sen. Robert F, Kennedy, (D-NVY.) who as At- torney General helped put Marshal! on the Federal bench in 1961, The Committee also held a 10-minute confirmation session for Warren Nf. Christopher, 41-vear-old Los Angeles lawyer nominated for the post of Dep- uty Attorney General, but de. ferred action. Nb