Second Stage of Charlestown Riot Case Opens Wednesday With Trial Before Superior Court

The second chapter in the history of the trial of the 21 accused rioters, who were dealt out severe sentences in the Charlestown District Court two weeks ago, will open on Wednesday when all who have filed appeals will appear in the Superior Court in Pemberton Square to plead their cases before a jury.

Only one of the three Harvard students. Paul Gastwirth, a first-year graduate student, availed himself of the right to appeal to a higher court, while the other two, Eugene Brown '36 and Paul Harap, librarian in the Philosophy Library, accepted probation and waived their right of appeal. Gastwirth will appear in court on Wednesday and act as one of the defense attorneys.

Two of the M. I. T. students, William H. Wood and Howard Tafel likewise submitted to probation and suspended sentences rather than carry their cases to a higher court. Leo Lapin, an active campaigner for the Communist cause is the only one of the original three Tech students who will appear in the Superior Court on Wednesday.

Attorney Warner, a graduate of the Harvard Law School in 1932, who took over a part of the defense during the last days of the trial in Charlestown will be in charge of the defendants' case in the higher court. He has recently published a treatise on the legal aspects of the N.R.A. and was dismissed from a law firm with which he was associated when he rallied to the defense of the rioters.

The Committee, formed to protest the tactics of the police in the demonstration at Charlestown, has been engaged in arranging a formal protest to state officials but results of their work so far have not as yet been revealed. The Committee was impressed with the sale of the pamphlet which appeared a week ago and which has sold rapidly since then.

It is expected that a large part of Wednesday morning will be occupied with the selection of jury.