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Today's most important witness was Officer Howard Haynes, who was the patrolman who was shot three times during the gun battle on October the 28th, 1967. He pointed to Huey Newton and said that he was the driver of the car. Officer John Fry had stopped. Judge Monroe.

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Freedman ordered Officer Haynes to walk over to Newton and to touch him on the shoulder. Haynes did so, and the identification was entered into the record. The jury heard defense attorney Gary as Keynes if he shot and killed Officer Fry. The answer was no. Gary then

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asked about the two shots fired from Haines Gun, and Haynes could only remember one. Hain said that he shot Newton in the abdomen but couldn't remember seeing him fall. He couldn't remember firing the second shot. And so it's obvious the defense is trying to show a

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second shot could have killed Officer Fry since he was standing next to Newton. Edward Keating, also working for the defense, had this to say about the trial and today's testimony. Mr Keating, what has been the main thrust of the prosecution up until this time? Well, the

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thrust of the prosecution of course is that Huey P. Newton shop and killed Officer Fry and the main thrust of the defense as set forth by Mr Gary yesterday is the offer proof he made that Huey P. Newton did not, in fact shoot Officer Fry. And

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this we will prove. What about as faras in court today? Officer Haynes was on the stand. There was quite a bit of testimony. Can you comment at all on what was said in the courtroom today, as faras officer Haynes's testimony is concerned. I'm sorry. I cannot

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comment on that. It would be unseemly in view of the fact that Officer Haynes will be on the stand tomorrow. I cannot comment on that testimony. We have asked Assistant District Attorney Lowell Jensen, who is the prosecutor, to give us an interview several times. But each

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time District Attorney Coakley has refused to allow the interview. So tomorrow starts the 16th day with Officer Haynes back on the stand. This is Carlton Cordell reporting