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ALEXANDRIA, Va.--The trial of Sydney Goldfarb '64 to appeal last summer's heavy sit-in-trespassing sentence came to an unexpected end here today.
A five member jury of Alexandria's corporation court again found Goldfarb and his group guilty under Virginia law, as predicted; but it greatly lowered the previous sentence of six months and a $250 fine to a $100 fine and no time in jail.
The result surprised everybody on the defense. It was Alexandria's first segregation case, and, judging from previous events and feelings here CORE members had anticipated a tough sentence from the jury in the trial.
But the sentence was light, and Gold-farb thought it reflected a softening attitude towards sit-ins here. Just before the jury made its decision, the prosecution asked them to use the sentence to help deter any further agitation in Alexandria.
Goldfarb and the five CORE members arrested with him, all of whom sat underneath a framed Confederate flag during the trial, will now take the case to Virginia's Court of Appeals. There was some hesitancy about a further appeal before the sentence, but now the group will face only a $100 fine if the appeal is not granted.
According to Goldfarb, if the Court of Appeals takes the case it will almost definitely find him guilty again, in which event the group will appeal higher. Unless the case gets thrown out at the Virginia Superior Court, it may reach the U.S. Supreme Court.
The chances of the case being thrown out of court are not very great, because the issues are clear, Goldfarb pointed out. In today's trial the defense set down on record that the restaurant owner had ejected the group with the explanation, "We don't serve Negroes." In previous similar cases the reason had usually been disturbance of the peace, Goldfarb said--not a clear example of racial discrimination.
Goldfarb explained that when the case is at the Supreme Court level, the issue of the 14th Amendment will be more clear cut. Part of today's defense was the contention that, in arresting Goldfarb, the state was enforcing a policy of segregation in public accommodations.
There was never much doubt that the defendants were guilty under Virginia's trespass law, which protects the rights or restaurants to serve whom they please.
The trial itself was a quiet climax for Goldfarb and the CORE members, who had met with much opposition during their stay in Alexandria
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