United States v. John William Simpson, AKA Brother John Simpson

On December 24, 1970, Simpson took a container of gasoline to the offices of the Local Board of the Selective Service System in San Jose, California. He intended — despite his knowledge that such acts were illegal — to burn some of the Board’s records in an effort to move the United States toward terminating the conflict in Southeast Asia.

After surreptitiously gaining access to the Board’s file room, he opened one of the file drawers, doused the contents with his gasoline, ignited a match, and set the files ablaze. When the heat from the fire became unbearable, Simpson retreated from the room. He remained in the building, however, and thus was, within moments, arrested.

For his vandalism, Simpson was subsequently indicted on three charges. He was charged with having destroyed government property valued in excess of $100, with having mutilated and destroyed records deposited in a govern ment office, and with having interfered with the administration of the Selective Service System. A jury convicted him of all three charges, and this appeal followed.

Simpson bases his appeal on asserted errors in the trial court’s instructions to the jury and in its refusal to admit cei> tain…