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FD-350(4-3-0) (Mount Clipping in Spoce Below) Barnett Said-- Not Entitled To Jury Trial {Inaicaie page, name of newspaper, city unu sluie.) Ass't. U.s. Aity. Gen. Burke Marshall said here last night the Justice Department contends 1D ALABAMA JOURNAL that Mississippi Gov. Ross R. MONTGOMERY, ALA. Rarnett does not have a constitu- tional right to a jury tria! for criminal contempt of the Fifth Cireuit Court of Appeals. Marshall. who heads the de. partment's civil rights division, said this is the posilion the sov- ernment will lake in arguments On the Barretl ca-e before the U.S. Supreme Court. Marshall said ibe govsrnment's position is that a jury trial in the Barnelt case is discretionary with. the court, not mandatory. If it. shouid be held mandatory, he went. n., there would be a qucslion of whelher it would be held before the district trial court or before the Courl of Appeals. 4/25/63 Date: Marshall conceded that it is Fimal likely thal Farnett will he out of Fdtion: office hefnre the qucstion of thc Author: jury trial is settled and the actua! trial gels undcrway. T:te: VISIT OF ATTORNEY The issue of the jury trin! went GENERAL TO MONTGOMERY In the U.S. Supreme Court when ALA., 4/24-25/63 INFO CONCERNING the Court of Appeals split evenly hurster on the question. Four of the juiges Jeld Barnelt has a constitutional MO 62-1098 seot.: right to a jury trial while the MOBILE Other four heid that he is not. The crminal contempt pruceed- ing against Barnelt arnse out of his refusal to admit a Negro stu. dent. James H. Meredith. tn thre University of Mississippi s or. dered by the appellate court. M ar s h all accompanied U.S. Atty. Gen. Robert F. Kennedy on his visit here for a meeting with Got. Geoge Wallace.