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Southern Illinoisan (Newspaper) - July 9, 1974, Carbondale, Illinois PUBLICATION OfftC9 Carbondalu Murphyiboro Hirrln 710 N Illinois 1113 Walnut 211 N IMh Volume 82No lAO15e a Copy Federal Illinoisan 010175 LIBRARY LS HEts 1 Sections Pages Prtui Murphyjboro Indtpmdtnt TUESDAY JULY 1974 Kerner prison term Chicago A federal judge refused today to reduce the threeyear prison sentence of Judge Otto Kerner former Illinois governor The decision means that Ker ner will have to report July 19 to begin serving his sentence for bribery mail fraud and income tax evasion Kerner was accused of pur chasing racing stock at bargain prices while he was Illinois governor in exchange for insur ing favorable racing dates at certain tracks Judge Robert L Taylor of Nashville Tcnn concluded that Kerner 65 will be able to re ceive adequate medical care at the federal prison complex at Lexington Ky Judge Taylor also refused to reduce the sentence of Theodore J Isaacs Kerners longtime friend who was convicted on the same charges Kerners attorneys had argued that a small heart attack Kerner suffered May 15 would seriously jeopardize his health Kerner spent nine days in the coronary unit of a hospital following the attack in May Taylor ordered however that Kerner receive periodic medical attention during his confine ment A federal doctor recom mended that Kerner receive a medical examination every two weeks for the first three months of his imprisonment and every four to eight weeks thereaf ter In upholding the sentences Judge Taylorsaid The court is constrained with some regret to conclude in light of the tes timony of doctors that ceration will not further danger his Kerner who sat through the hearing with a scowl said when asked if hewere going to resign his judgeship When and if I do I certainly will let all of you reporters know When asked how he felt about Judge Taylors decision Kerner said after a long pause Im not surprised In written briefs Kerners at torneys asked the court to set aside the prison terni and a fine because of Kerners health and because he already has suffered However U S Atty James R Thompson filed a ninepage an swer to the motion Monday op posing Kerners freedom Thompson used Kerners own words when Kerner then gov ernor refused a similar plea for executive clemency on behalf of Orville Hodge imprisoned former state auditor Thompson quoted Kerners statement in the Hodge clemen cy denial Throughout the period of public service and throughout the recent campaign I have in sisted and to in sist upon thehighest integrity in positions of publietrnst If I were to reduce the sen tence the people of this state might conclude different and lesser standard was being applied politicans and they the people would be deeply and rightuflly disturbed Kerner and Theodore J Isaacs former Illinois revenue director wereconvicted by a federal jury Feb 19 1973 on charges in connection with the purchase and sale of race track stock while Kernerwas gover nor Kerner resigned from his second fouryear term as governor in 1968 to accept a seat on the 7th U S Circuit Court of Appeals been on leave from the I bench since his indictment was announced in December 1971 animal salary has been placed in an escrow vfund Judge Taylor already has ruled that if the appeals of Ker ner and Isaacs for delay of then jail terms is denied they will be ordered to surrender July 19 to begin serving their senten ces The two were convicted of mail fraud income tax evasion bribery and conspiracy in their acquisition of race track stock at bargain prices from Marje Everett former queen of Illinois racing They were allowed to pay a share in 1966 when the stock was worth a share and evenituaUy ended up wffii profit each court testi mony showed Their convictions have been upheld by the U S Court of Appeals and last month the U S Supreme Court refused to re view the cases Nixon waives claim to some 20 tapes Washington StarNews And Associated Press Washington President Nixon has quietly to give up at least part of 20 of the 64 original tapes he was attempting to protect Monday in the Supreme Court A spokesman for Nixons lawyer James D St Clair con firmed that Nixon has waived his claim to portions of the tapes sought by Special Prosecutor Leon Jaworski but covered in the edited transcripts that the President released in May St Clair told the court that the Quietly agrees to turn over portions covered in transcripts not be clear until later today i conversations for which tran whether Sirica would get the full j scripts have been made public tapes or tapes with the deleAccordingly those portions of tions noted in the transcripts Since Nixon has released the transcripts the claim of privi lege on those tapes had been ef fectively undercut Jaworskis staff believes The move does not appear to ou LVIW iv vvw me move aoes nin tu President is ready to turn over j represent any backing down on thn tanes of at least those pori that hp alone the tapes of at least those por tions contained in the tran scripts His spokesman said that the tapes would be given to U S District Judge John J Sirica so Nixons contention that he alone has the authority to decide which if any presidential files are susceptible ot subpoena The move was signaled in this footnote to the Presidents July 1 The President stated in his formal claim of privilege that he advanced no claim of privilege with respect to those portions of 20 taperecorded that Sirica could listen to them brief to the Supreme Court in private and transmit them to i Jaworski if they prove relevant to the Watergate coverup case The spokesman said it would Defendants want Sirica disqualified Washington AP Two defendants in the Water gate coverup trial asked the Supreme Court today to dis qualify US District Judge John the20 tapes are not at issue in this case as the President has no objection to judicial authen tication St Glairs spokesman said tapes turned over to Sirica would serve as a means of au thentication in the same way Nixon has offered to allow ranking members of the House Judiciary Commitee to listen to the tapes from which the tran scripts were made to verify their accuracy The Supreme Court mean while began deliberations based on 459 pages of briefs three hours of oral argument and a file including stillsecret material on President Nixons claims of executive privi lege A lawyer for special prosecutor Jaworski Phillip Lacovara asked the court in a historic hearing Monday to explicitly decisively and de finitively upholda lower court order directing Nixon to produce records of 64White House con versations But the Presidents attorney James D St Clair said the court to stay its hand at least until impeachment pro ceedingshave run their course in Congress St Clair also continued pre senting witnesses in the House Judiciary Committees im peachment inquiry St Clair questioned former Nixon re election official Frederick C LaRue in an effort to discredit charges that Nixon approved payment to Watergate burglar E Howard Hunt Jr After its 180minute hearing the Supreme Court adjourned with no indication of when it will reach a decision Denies knowing breakin plans Ehrlichman Cant remember asking CIA to assist Hunt Washington AP Former White House aide John D Ehrlichman testified today that he was unabk to re call a 1971 telephone conversa tion in which he allegedly asked a top CIA official to provide carte blanche assistance to E former official ofj Howard Hunt Jr 1972 reelec At the same time the former 1 White House domestic counselor recounted in detail a phone conversation he had with the same CIA official in 1969 Taking th stand in his own for the second day of J Sirica from presiding Former Atty Gen John N Mitchell and Kenneth W Park inson a President tion campaign urged the court to consider the question on an expedited basis Mitchell and Parkinson seek review of a decision by the U S or e seco Court of Appeals in Washington i crossexamination Ehrlichman imViAlHintf SiriPSs f j j H nA last month refusal to disqualify himself again denied knowing in vance that his subordinates did remember talking to Gush man Aug 27 1971 when Cush man asked if there was any ob jection to ceasing CIA assist ance to Hunt Ehrlichman membered a which President Nixon wanted the CIA to take some action in the domestic area Ehrlichman also said he re 1969 incident in said he was advised by Cush man that whatever Nixon wanted was beyond the CIAs mandate Are you telling the jury you remember a telephone call you made back In 1969 but not one with Gen Cushman in 1971 Merrill asked Thats correct Ehrlichman iu3Ui ValUJt Ulat IU3 There was no indication when planned to break into the office the court would act on the peti1 of Beverly Hills Calif psysaid adding that the July 5 tion The court has already exj chiatrist Lewis Fielding Jr j 1971 call was out of his memory Gen Robert Cushman former I even seven weeks later in deputy director of the CIA 11971 testified last week that Ehrlich Monday Ehrlichman said he man called him July 51971 and j had no idea the plumbers were asked for carte blanche tended its current term in order j to review an order by Sirica directing Nixon to produce White House tapes and docu ments for possible use as evi dence in the coverup trial The court heard arguments on this case Monday The trial is scheduled to begin Sept 9 before Judge Sirica sistance for Hunt one of as the planners of the Sept 3 1971 breakin at Fieldings office Ehrlichman said he had no memory of that July call but planning an illegal burglary when he approved a covert op eration to examine Fieldings files on Pentagon Papers figure Daniel Ellsberg The former White House do mestic affairs chief either chal lenged or said he had forgotten every single element of the pro secutions case during his tes timony Monday of State Henry A Kissinger said early today he will appear at the trial Wednes day morning to testify Speaking to newsmen before leaving London for Madrid to confer with Spanish government leaders Kissinger said he would heed a court order for his ap pearance but added It would not be appropriate for me to make anycomment The 49yearold Ehrlichman and three others are accused of violating the civil rights of Dr Fielding a psychiatrist treating Ellsberg at the time the former Pentagon analyst leaked he Pentagon Papers to the press On the stand Ehrlichman seemed controlled and unshaken by the accusations of conspiracy and lying to the FBI and a grand jury His trial is in ninth day its loRoe unable to pinpoint phone call times Testimony hurts Nixon case Edd left talks with J W Carlton of Vienna and Charles Murrie in photo taken four years ago ago at age of 97 Carlton died two Peg Leg Murries descendant was 97 Oldest in family dies hours after reunion By Joseph Arimond Of The Southern Illinoisan Until Sunday Charles Mur ric 97 was the oldest living descendant of Thomas Peg Leg Murrie More than 100 Murrie rela tives gathered at a family reunion near Vienna Sunday to honor the eldest relation with the Oldest Living Descen dant Award About four hours later the recipient of the award died For nearly two years Mur rie had been confined to the Hillview Nursing Home in Vi enna The Rev B Jack Mur rie of Carbondale and Victor Murrie of Moline went to the nursing home before the re union began The people at the nursing home thought it would be good for Charlie to get out Rev Murrie said They put him in the car and we drove over to the church for the reunion He Charles laughed and talked He sure appreciated it He hadnt seen his half cous in Loren of Atlanta Ga for 10 to 15 years Charlie recogniz ed him right away the Rev Murrie said Victor Murrie read the in scription on the plaque to Charles while riding back to the nursing home ToCharles Franklin Mur rie The oldest living descen dant of Thomas Peg Leg Murrie Victor Murrie handed the walnut plaque back to the re cipient Charlie smiled and then said When Im through with the plaque I want it to go to Edd Edd is Charles younger brother now 85 years old the Rev Murrie said At pm Charles died Rev Murrie keeps tab on the relation as part of his duties On 11 sheets of draft ing paper are more than 1200 names all descendants of Peg Leg The 1200 names do not in clude five families that Rev Murrie has been unable to trace Peg Leg came to Johnson County in 1835 He was the father of 15 children One of those children John married Maria Isabella Bowman Charles Murrie was born to them on Dec 31 1876 He married Mary Ann Sileven Nov 23 1923 She died in 1938 Murrie and his wife had no children He is survived by one broth er Edd of Vienna and a sis ter Retha Gustavson of St Charles Other relatives how ever number in the hundreds TheRev Murrie said rela tives came to thf reunion Sun day from both the east and west coasts and from all over Illinois Funeral services for Charles Murrie are scheduled for 2 pm Wednesday at Alys Fu neral Home in Vienna Burial will be in the Vienna Frater nal Cemetery The Rev Mur rie will officiate Friends may call at the funeral home after 4 pm today Index HUMID Classified Comici TV Bridge Croisword Editorials Family Living Record Sports Weather details map Youth 13U 19 4 6 1617 1112 17 5 Tonight partly cloudy and humid with low in the mid 70s Wednesday high 91 to 96 chance ofafternoon and even ing thunderstorms Hearings on new master plan Peoria i plan will address They are The Illinois Board of Higher j Governance of Illinois Education voted unanimously I higher education today to hold statewide confer11 Financing of Illinois higher May damage crops Hot sticky weather to linger over area ences and public hearings to solicit input on the states new higher education master plan The board said it will hold at least three conferences this fall to solicit general public input on the direction higher education in Illinois should take The board also specified sev eral subjects the new master education including the role of student tuition Health education and spe cial program needs Higher education enroll ment projections A review of higher educa tion capital construction needs and commitments Review of public commu nity college financing Washington StarNews And Associated Press Washington Inconclusive testimony by a key defense witness has dealt another blow to President Nix ons chances of avoiding an im peachment recommendation by the House Judiciary Commit tee In nearly five hours of testi mony before the panel Monda the witness former Nixon campaign official Frederick C LaRue was unable to pinpoint the times and dates of two phone calls that presidential lawyer James D St Clair has said are important to his case St Clair is attempting to peg his impeachment defense on evidence that he says proves that the President did not direct a payment alleged to be hush money to Water gate conspirator E Howard Hunt Jr A charge that Nixon authoriz ed and directed the payment as part of the Watergate coverup is one of the most serious under consideration by the impeach ment committee It could be the basis for an impeachment arti cle citing the President with obstruction of justice St Clair according to a summary of LaRues antici pated testimony had hoped that the former reelection aide would tell the panel that the pay ment to Hunt already was in the works before a nowfamous March 21 1973 meetingduring I the scheme which the President discussed the matter with former White House counsel John W Dean III and former White House chief of staff H R Haldeman At one point according to an edited White House transcript of the meeting the President spoke of a need to keep the cap on Later in the con versation he seemingly ordered the payment to Hunt when he told Dean expletive get it It could be helpful to the de fense if St Clair could establish that authorization for the pay ment came before the March 21 meeting though such evidence would not absolve Nixon of a charge that he failed to rule out But committee members both Republicans and seemed to be in Democrats agreement Chances of the hovering hot humid wither leaving soon are hopeless says Charles Kurtz of the US WeatherBu reau in St Louis Kurtz says the present con ditions probably will last at least another week A high pressure system over the southeastern section of the United States and moist south erly windsin our area are causing the conditions he said The weather conditions are Monday that LaRues testimony had failed to provide new evi dence Todayformer Atty Gen John I NMitchell was to appear before not only uncomfortable bu t the committee as St Clair kept the inquiry focused on the payment to Hunt Mitchell under indictment on Watergate coverup charges reportedly has agreedto under go limited questioning on his By the Associated Press Vole in approving the pay The Israeli navy shelled three ment ports in southern Lebanon The committee was to hear sinking more than a score of from Hunts layyer William 0 fishing boats in retaliation for Bittman before examining the Palestinian guerrilla raid by Mitchell sea two weeks ago on Naha could prove to be ly disastrous says Perry County Farm Adviser Charles Howell The crops in SouthernIlli nois are shortrooted because of the wet weather we had earlier Howell said If we dont get some rain soon we might as well forget about corn and soybean crops Howell said there have been longer dry spells in Southern Illinois but it is the sudden change from wet to dry that is hurting crops Fortune tellers told to cross citys palm Israelis shell ports riya The Israeli military command said it had numerous indica tions that the terrorists were preparing more seaborne at tacks The command said its raid on the ports was intended to disrupt the preparations By Merrill Perlman Of The Southern Illinoisan If youre a fortune teller palm reader or other dabbler in the powers of the unknown and are thinking of opening shop in Benton be warned The Benton City Council doesnt want you And it will cost you a week to gaze into your crys tal baU The council Monday night amended a 1921 ordinance that required a weekly license fee for fortune telling palm reading or other similar vo cations Mayor Herbert Mundell said the city shoudl try to dis courage and carefully regu late those businesses dealing in predicting the future As long as were doing this we might as well make the city some money Com missioner Bob Tedrow said in suggesting the fee The action was prompted when Mundell said a man had inquired last week about the cost for a license The maji wanted to rent a house in Benton and open a business with his wife a palm reader But when told of the fee Mundell said he said it was too high And if is too high then crossing the citys palm with probably would seem like a fortune
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