01-11-2009, 09:42 PM
http://www.archive.org/stream/hashishsmu...t_djvu.txt
Dr. Timothy Leary was arrested by a U.S. Customs official in possession of a
small quantity of marihuana at Laredo, Tex., on December 22, 1965. The facts of the case are as follows:
Dr. Timothy Leary left New York on December 20, 1965, by automobile,
accompanied by his two children, Susan, age 18, and John, age 16, and two
other persons. Their destination was Yucatan, Mexico, and the alleged purpose of the trip was a Christmas vacation for the Leary children and to provide Dr. Leary the opportunity to write a book and to prepare for a summer session to be conducted with a research group at his home in Millbrook, New York. On December 22, 1965, Dr. Leary and the four passengers drove across the international boundary at Laredo, Texas, into the Republic of Mexico, stopped at the Mexican immigration station for several minutes, and turned back toward the United States. At approximately 6:45 p.m., they arrived at the secondary inspection area. Laredo International Bridge. Laredo. Texas. Dr. Leary, the driver of the vehicle, told a U.S. Customs oflScial that they had driven across the boundary into Mexico within the prior hour, that they had been unable to secure tourist permits and had been told by Mexican immigration officials to return the following morning at 8:00 am. at which time the necessary Mexican permits would be given to them. The U.S. inspector asked the group if they had anvthing to declare from Mexico and was told that they had not. After the occupants alighted from the vehicle, the U.S. inspector observed some vegetable material and a seed on the floor of the automobile which appeared to him to be marihuana. Thus the five travelers were arrested. A search of the baggage, the vehicle and of the individuals was made. Sweepings from the car floor and glove compartment were later proved to be marihuana. While Dr. Leary was being searched, he stated that he had never used marihuana. A woman Customs inspector performed a personal search of the two female travelers, which resulted in the finding of a small metal container on the person of Susan Leary after she had disrobed. Within the container were three partially smoked marihuana cigarettes, a small quantity of seral-refined marihuana and capsules of detroamphetamine sulfate. Demand was made of Dr. Leary for the required Treasury Department transferee form.
He stated that he had no such form. Susan Leary, in response to the same demand, refused to make any statement. Dr. Leary admitted to a U.S. Customs Agent that the metal box taken from his daughter. Susan, containing the marihuana was his property. Dr. Timothy Leary and his minor daughter were jointly indicted on three pounts pertainine to marihuana. Dr. Leary was tried before a jury on Maroh 11, 1969. Count 1. which charged the smuggling of marihuana into the United States which should have been invoiced (declared), was dismissed by the court.
Dr. Leary was found guilty, however, on Count 2. which charged transportation and facilitation of transportation, and concealment of marihuana after importation, in violation of 21 U.S.C. 176a, and on Count 3, which charged transportation and concealment of marihuana bv defendants as transferees, required to pay the transfer tax in violation of 26 U.S.C. 4744 (a) (2). Dr. Learv was sentenced to the maximum penalties and fines provided for such offenses, subject however, to the provisions of 18 U.S.C. 4208(b), and was ordered committed to the medical center at Springfield. Missouri, for a complete study to be used by the court as a basis for determining the ultimate sentence in the case. Susan Leary was tried at the same time as her father. Dr. Leary, by the court without a jury (trial by jury having been waived) and found guilty on Count 3 of the indictment but not guilty on Counts 1 and 2. Imposition of sentence was suspended and she was placed on probation during the remainder of her minority, without supervision, under the provisions of the Youth Corruptions Act. 18 U.S.C. 5010 (a). Dr. Leary appealed his conviction on Counts 2 and 3 to the Court of Appeals for the Fifth Circuit which affirmed the lower court's findings.
Dr. Leary then petitioned to the Supreme Court and the Supreme Court agreed to consider two questions: (1) whether petitioner's conviction for failing to comply with the transfer provisions of the Marihuana Tax Act violated his Fifth Amendment privilege against self-incrimination; (2) whether petitioner was denied due process by the application of the part of 21 U.S.C. 176a which provides that a defendant's possession of marihuana shall be deemed suflicient evidence that the marihuana was illegally imported or brought into the United States, and that the defendant knew of the illegal importation or bring in, unless the defendant explains his possession to the satisfaction of the jury.
On May 19, 1969. the Supreme Court held in favor of the petitioner (Dr.
Leary) on both issues and reversed the judgement of the Court of Appeals....
Mr. Sourwine. "Was it the brotherhood which invented or first developed hashish oil ?
Mr. Bartels. Yes, I think that is right. It was [Nicholas] Sand, was it not?
Mr. Sixclair. No. Another brotherhood member.
Dr. Timothy Leary was arrested by a U.S. Customs official in possession of a
small quantity of marihuana at Laredo, Tex., on December 22, 1965. The facts of the case are as follows:
Dr. Timothy Leary left New York on December 20, 1965, by automobile,
accompanied by his two children, Susan, age 18, and John, age 16, and two
other persons. Their destination was Yucatan, Mexico, and the alleged purpose of the trip was a Christmas vacation for the Leary children and to provide Dr. Leary the opportunity to write a book and to prepare for a summer session to be conducted with a research group at his home in Millbrook, New York. On December 22, 1965, Dr. Leary and the four passengers drove across the international boundary at Laredo, Texas, into the Republic of Mexico, stopped at the Mexican immigration station for several minutes, and turned back toward the United States. At approximately 6:45 p.m., they arrived at the secondary inspection area. Laredo International Bridge. Laredo. Texas. Dr. Leary, the driver of the vehicle, told a U.S. Customs oflScial that they had driven across the boundary into Mexico within the prior hour, that they had been unable to secure tourist permits and had been told by Mexican immigration officials to return the following morning at 8:00 am. at which time the necessary Mexican permits would be given to them. The U.S. inspector asked the group if they had anvthing to declare from Mexico and was told that they had not. After the occupants alighted from the vehicle, the U.S. inspector observed some vegetable material and a seed on the floor of the automobile which appeared to him to be marihuana. Thus the five travelers were arrested. A search of the baggage, the vehicle and of the individuals was made. Sweepings from the car floor and glove compartment were later proved to be marihuana. While Dr. Leary was being searched, he stated that he had never used marihuana. A woman Customs inspector performed a personal search of the two female travelers, which resulted in the finding of a small metal container on the person of Susan Leary after she had disrobed. Within the container were three partially smoked marihuana cigarettes, a small quantity of seral-refined marihuana and capsules of detroamphetamine sulfate. Demand was made of Dr. Leary for the required Treasury Department transferee form.
He stated that he had no such form. Susan Leary, in response to the same demand, refused to make any statement. Dr. Leary admitted to a U.S. Customs Agent that the metal box taken from his daughter. Susan, containing the marihuana was his property. Dr. Timothy Leary and his minor daughter were jointly indicted on three pounts pertainine to marihuana. Dr. Leary was tried before a jury on Maroh 11, 1969. Count 1. which charged the smuggling of marihuana into the United States which should have been invoiced (declared), was dismissed by the court.
Dr. Leary was found guilty, however, on Count 2. which charged transportation and facilitation of transportation, and concealment of marihuana after importation, in violation of 21 U.S.C. 176a, and on Count 3, which charged transportation and concealment of marihuana bv defendants as transferees, required to pay the transfer tax in violation of 26 U.S.C. 4744 (a) (2). Dr. Learv was sentenced to the maximum penalties and fines provided for such offenses, subject however, to the provisions of 18 U.S.C. 4208(b), and was ordered committed to the medical center at Springfield. Missouri, for a complete study to be used by the court as a basis for determining the ultimate sentence in the case. Susan Leary was tried at the same time as her father. Dr. Leary, by the court without a jury (trial by jury having been waived) and found guilty on Count 3 of the indictment but not guilty on Counts 1 and 2. Imposition of sentence was suspended and she was placed on probation during the remainder of her minority, without supervision, under the provisions of the Youth Corruptions Act. 18 U.S.C. 5010 (a). Dr. Leary appealed his conviction on Counts 2 and 3 to the Court of Appeals for the Fifth Circuit which affirmed the lower court's findings.
Dr. Leary then petitioned to the Supreme Court and the Supreme Court agreed to consider two questions: (1) whether petitioner's conviction for failing to comply with the transfer provisions of the Marihuana Tax Act violated his Fifth Amendment privilege against self-incrimination; (2) whether petitioner was denied due process by the application of the part of 21 U.S.C. 176a which provides that a defendant's possession of marihuana shall be deemed suflicient evidence that the marihuana was illegally imported or brought into the United States, and that the defendant knew of the illegal importation or bring in, unless the defendant explains his possession to the satisfaction of the jury.
On May 19, 1969. the Supreme Court held in favor of the petitioner (Dr.
Leary) on both issues and reversed the judgement of the Court of Appeals....
Mr. Sourwine. "Was it the brotherhood which invented or first developed hashish oil ?
Mr. Bartels. Yes, I think that is right. It was [Nicholas] Sand, was it not?
Mr. Sixclair. No. Another brotherhood member.
"History records that the Money Changers have used every form of abuse, intrigue, deceit and violent means possible to maintain their control over governments by controlling money and its issuance." --James Madison