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Southern Illinoisan (Newspaper) - September 25, 1974, Carbondale, Illinois PUBLICATION OFFICE 710 N Illinois Murphysboro 1113 Walnut Herrin 212 N Ulh Southern Blinoisai tttffttar to CirMndi fmt Htrrtn Dilly Journil Murphysbero oioivs LI3KART LSNEWSPAPERS BECATUR ILL 62525 Volume a Copy Four Seetii IMS 32 WEDNESDAY SEPT 25 1974 CwbondakHtrrinMurphysboro Judge frees Galley overturns conviction Columbus Ga AP A federal judge today overturned the My Lai murder conviction of former Army Lt William L Galley Jr ruling that Galley was not accorded due process of law and order ing him freed immediately US District Court Judge J Robert Elliott based his decision on three key constitutional con tentions That Calley was denied a fair and impartial trial because of massive adverse pretrial publicity That he was denied his right of confrontation with witnesses and was denied com pulsory process for obtaining witnesses in his favor That he was denied due process by being convicted on charges and specifications which were improperly drawn and illegally used by the pro secution Army lawyers could seek an immediate stay of Galleys release by filing a brief with Elliott or by filing directly to the 5th US Circuit Court of Appeals in New Orleans Calley 31 has been confined to the disciplinary barracks at Ft Leavenworth Kan since Elliott took his appeal under advisement June 25 The heart of Galleys plea was that he was a victim of unequal justice when convicted by military tribunal in March 1971 for the slaying of 22 Vietnamese civilians The first 86 pages of the judges ruling dealt with pretrial publicity The ruling says Calley was originally painted as a mass murderer involved in the unlawful killing of some 567 Orientals which number includ ed men women and children Elliott said that by the time Calley went on trial for the March 1968 My Lai slayings Calley had been described as everything from a mass murderer to a ghoul He continued The American public including all prospec tive jurors and indeed the entire world had been so impregnated with the thought of Calleys guilt that it could well have been assumed that all that would be necessary would be for the courtmartialto convene and the Judge to announce bring the guilty rascal in arid we will give him a fair trial He concluded his section on pretrial publicity by saying If there has ever been a case in which a conviction should be set aside because of prejudicial publicity this is it In Washington the Army said its lawyers would study the judges decision in order to evaluate various legal alternatives At Ft Leavenworth a spokesman said authorities there would await instructions from the Army officials in Washington The Army automatically con siders parole for Calley Nov 19 the date when he will have served onethird of his 10year sentence His original life sentence was reduced to a 20 year term by the Gen Albert 0 Conners commanding general of the 3rd Army and later reduced to 10 years by Secretary of the Army Howard Callaway Calley already has submitted his petition for parole to authorities at Ft Leavenworth and his lawyers say the request should soon be before the Army and Air Force Clemency Board in Washington Calley also has applied for presidential pardon based on the issue of amnesty for draft evaders Elliott is the same judge who freed Calley last Feb 27 after the former lieutenant had spent three years under house arrest at nearby Ft Benning Ga Three months later the Army won reversal of Elliotts bail decision from the 5tii US Circuit Court of Appeals in New Orleans Calley appealed to the US Supreme Court which refused to overturn the appellate courts decision on bail After Elliott took Calleys conviction appeal under advise ment June 25 Calley was flown to Ft Leavenworth where he has been working as a clerk typist nations ask for cuts By the Associated Press The oil exporting nations are responding to the Ford ad ministrations campaign to rol back the price of crude oil by demanding that the Unitec States and other industrial na tions cut the cost of their ex ports The tough new American line also brought a warning from Frances foreign minister against trying to bully the Arabs He said oil prices could be brought down only through a peaceful dialogue President Carlos Andres Perez of Venezuela Americas chief foreign supplier of oil told President Ford in an open letter Fifi victims now fight for food Tegucigalpa Honduras AP Thousands of starving Hon durans grabbed and fought for food dropped from helicopters today while volunteers used hunting dogs to find corpses hidden in thick gray mud left behind by Hurricane Fifi The official estimate of dead In the worst disaster in Hon duran history stood between 7500 and 8000 with 100000 or more homeless and untold thousands of others wondering when they might get their next meal 35 cents a ton that the higher prices are a justified response to economic oppression by the industrial powers We see no other way to con front the economic totalitarianism that has been coming to the fore in business and world trade he declared He added that for many years oil prices steadily declined while the cost of industrial machinery and manufactured goods from the United States increased Inflation did not begin with the increase in oil prices a ranking official of the Organization of Petroleum Ex porting Countries said in Vien na It is rather because of in flation that oil prices have had to be adjusted however high the crude oil prices are they account at present for no more than 1 or 2 per cent of worldwide inflation The assistant secretary general of the Arab League SayedNofal said the threats by Ford and Secretary of State Henry A Kissinger in recent speeches could have a serious effect on ArabAmerican rela tions Schlesinger No oil price war Washington AP Secretary of Defense James R Schlesinger today ruled out military action to solve the pro blem of rising oil prices and said he expects a solution through amicable discussion Reclamation coal tax set Washington AP House and Senate conferees have agreed to finance a land reclamation fund with 35 centsperton fee on all coal mined in the United States The fee which essentially would be a tax on both deep and stripmined coal would yield about million annually conference leaders said Most of the money would go to restoring land scarred by abandoned strip mines In coalproducing states with few abandoned mines the money could be used for schools roads or other public services the result of an amendment by Rep John Melcher DMont that at least 50 per cent of the fees be used in the state where theyare collected In another major decision this week the conferencecommittee rejected a House proposal to ban strip mining on some 174 rhilEon acres of national under the jurisdiction of the Interior Department It also approved a com promise that would give the Interior Secretary at the re quest of a governor the power to impose a ban on strip mining of other types of materials such as gravel and sandin urban and r esidential areas or in other places deemed unsuitable for mining Bicf rig proposal described Northern Illinois Mines closing marks end of era Springfield The president of a construc tion firm has outlined propo sals that led to an agreement to rig bids on three Southern Illinois government road pro jects awarded in 1971 Edwin Pautler Jr presi dent of Pautler Brothers Con tractors Inc Chester took the stand Tuesday as the first major government witness in a US District Court trial Pautler was granted im munity from prosecution for his testimony and the trial of his firm was excluded from the current proceedings Charged with the bid rigging are ET Simonds Construction Co Carbondale and its presi dent Eugene T Simonds J D Barter Construction Co Harrisburg and its president HH Barter and Superior St ructures Inc Marion Also charged in a January indictment but excluded from current proceedings were Pautler Brothers Johnson County Asphalt Inc Red Bud and Frank Nutty Inc Vienna Pautler testified that Si monds suggested in a tele phone conversation held four to seven days before the June 4 1971 bid letting that it might be beneficial for the contrac tors to meet He said that on June 2 1971 he and the Presidents of Nutty and Johnson County Asphalt met at the Springfield airport with Barter and Si monds Nothing was resolved at that meeting Pautler said Later in the day however Simonds proposed to Pautler that the Nutty Johnson and Pautler companies would not be opposed by Barter and Simonds on one job if they did not enter serious bids on two projects Barter and Si monds wanted Pautler testi fied Retired tires roll again Once ihey were ready for beyond hope now theyre rolling or bal anced or stacked into make believe playhouses forts or boats The 35 old tires that have been added to play ground equipment at the Washington Grade School in Sesser have proved popular with the pupils Playground supervisor Albert Dale got the tires free from a local dealer and says the children really seem to be enjoying an al tentative to the more typi cal playground equipment In top photo a horde o f youngsters rolls tires in an impromptu race Above left four 7yearold secondgraders play in a heap of tires In foreground is Laura Gant behind her from left are Darla Lark Tracy Wendling and Tawana LeBault in pro In right photo Brad Kirkpatrick balances astride tire substituting for a pony a even a Skycycle Photes by Butch Nevious WARMER Wilmington AP An era has ended as the last strip mine in Northern Illinois closed this month The Wilmington Coal Mine has given way to a 5000acre site bought by Commonwealth Edison for construction of a nuclear power plant Coal was a way of life for thousands of workers in towns such as Diamond Essex and Coal City until other industries took over most of the work force Only about 90 employes lost jobs when the Wilmington mine closed But the shutdown ends the coal industry in Northern Illinois j that drew settlers from as far away as Ireland and Italy dur ing the 1800s For Fred Nahas the mines closing means the end of a 40 year career Nahas 64 is in charge of dismantling the huge shovels and leveling the hills and pits before the land is turn ed over to Commonwealth Edison People wont forget the coal mines They changed the flat prairie into a bumpy coun tryside but the reclaimed land from strip mines provided some fine recreational lakes beaches and even golf courses Nahas said Tonight partly cloudy and mild with lows in upper 50s Thursday partly sunny and warmer highs in high 70s or low 80s Friday through Sunday occasional showers with lows 50 to 65 and highs in 80s INDEX Classified 2528 Comics TV Bridge Crossword 31 Editorials 4 Family living Records 2829 Sports Weather details map Nixon has clot in lung Long Beach Calif AP Former President Richard M Nixon has a blood clot in his right lung which is a poten tially dangerous situation his doctor said today Dr John C Lungren told a news conference that the clot which moved through blood vessels from Nixons leg was found through tests conducted by a specialist in nuclear medi cine Anticoagulant drugs usually taken by intravenous injection are being used in an attempt to dissolve two blood clots in Nix ons left thigh Gray is late but beats the President ByAnn Silverberg Medill News Service Washington US Rep Kenneth J Gray DWest Frankfort kept 500 people waiting when he show ed up one and a half hours late for a party in his honor Tuesday night hi Washington But he did arrive minutes be fore surprise guest President Gerald R Ford Gray and fellow Illinois con gressmen Leslie C Arends and Harold R Collier both Republicans were honored at a reception sponsored by the Illinois State Society a social group made up of Washington area residents with ties to Illinois The three men whose Con gressional service totals near ly 80 years will retire after this legislative session A presentation of plaques was delayed from the begin ning of the buffet recep tion until Grays arrival short ly after 7 pm Ford who was not arrived soon afterwards and took the occasion to praise his former colleagues Gray Collier and Arends each were presented with a garland of red carnations de corated with white ribbon The flowers complemented Grays white lace shirt navy and white polkadotted tie navy suit and blue and white pat ent leather loafers Ford told Gray Youset a new style You are way ahead of all the people Ive met around here Ive admir ed your courage and your straightforwardness All of us should be grateful for the things Ken has done Gray then asked the crowd V for a great round of applause for a great looking Presi dent Gray was chided for his tardiness and then praised by Rep Melvin Price an East St Louis Democrat For a while I thought someone had forgotten to invite Kenny Gray Price said Every member of the House is going to miss him Price said He was a doer Were practically sinking Southern Illinois in public works projects Gray said he was late be cause hestopped by a recep tion and portrait unveiling in honor of Rep Lenore K Sulli van DMo He told the crowd in the caucus room of the Cannon House office building which included 20 of the 24 con gressmen in the Illinois dele gation that he would miss the fellowships friendships and opportunity to work in the House of Representatives where he has spent the past 20 years God placed us here for the purpose of helping to serve Gray said But he said had no second thoughts about his decision to retire Life is nothing but a relay race Youve got to run as hard as you can with the re lay bar then hand it to some one else you know can do a good job he said It is not a pleasure to see the three men we are honoring tonight leave Price said They represent experience the country can ill afford to lose Gray of West Frankfort was 29 when first elected to congress in 1954
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