Cedar Rapids Gazette, February 6, 1974, Page 5

Cedar Rapids Gazette

February 06, 1974

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Issue date: Wednesday, February 6, 1974

Pages available: 155

Previous edition: Tuesday, February 5, 1974

Next edition: Thursday, February 7, 1974

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Publication name: Cedar Rapids Gazette

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Cedar Rapids Gazette (Newspaper) - February 6, 1974, Cedar Rapids, Iowa RAN FRAN i YOftK JpATLANTA Cedar Kapids Gazette: Wed.. Feb. 1971 Rapids Told To Evidence Har Judge Anthony Scolaro iVednwaday lold the Linn county 1 attorney's office and the Cedar Japids police department to set s jp a procedure for handling criminal case evidence aflerli :onviction and before appeal. U The associate district udge made the statement in a icaring Wednesday involving] he county attorney's office, thej Cedar Rapids police department, and William Gaines, 25, convicted of compounding a fe-ony in connection with the Oct. 1 armed robbery at Don's Conoco, 2846 Mt. Vernon road SE. The hearing was set by the iudge to determine why the po-ice department did not comply with a Jan. 14 .court order that in Games' possession at the of his arrest was to be applied toward his fine. Gaines was also sentenced to one year in jail. Already Released The police had released the money to Don's Conoco Jan. 9. Gaines Wednesday disclaimed any ownership of the admitting the money was given idling System im by tho two active partici-ants in (he robbery about half n hour after it occurred. Benjamin W. Blackstock, as-istant city attorney, told the udge the money was turned ver to Don's Conoco because of i "regrettable breakdown in ommunication" and the police lad no inlention of violating a :ourt order. The police did not receive a :opy of the court's order to release the money to the defendant until after the money had been released to Ihe robbery victim, he said. Moot Question Although the question of ownership of the money is now moot, Scolaro said he was "conscientiously bound to comment on the Cedar Rapids police de-sartment policy to release evi-ience prior to its further use as evidence in the case of a new trial after appeal, post-convic-ion proceedings, etc." He suggested some type of ormal administrative procedures for handling evidence fol-owing a lower court's ruling, such as an arbitrary period of ime for holding the evidence. Scolaro said it was "news to he court that evidence is re-eased prior to the appeal time laving expired. It makes moot he subject of prosecution if a new trial is ordered." n cieco o ...yPOUSV L. O. Fagle lola Kaliler Fagle, 72, of 1270 Thirty-second street NE, and widow of Ijoring 0. Fagle, died Tuesday following a brief illness. Horn Sept. 26, 1901, in 'alo, she was married June 25, 1924, near Marion. A resident of Cedar Rapids 50 years, she was a graduate of the Normal Training School in Cedar Falls in 1919, taught cliool for 1C years, was in sales work for 11 years and was a charter member of Knox church. She was a member of Ihe Religious Book Study club, Sunshine Circle of reviously was employed al ianford's. Surviving are a daughter, Mrs. J. C. Crawley, Cedar lapids; a son, .Stanley Warner, .m. at Best chapel, North English, by the Rev. Ken DeWilt of toth English Christian church. Jurial: North English cemetery, friends may call at Ihe chapel Thursday from 9 a.m. until the ime of the service. The casket vill not he opened after the service. The family suggests that riends may, if they wish, con-ribute to the heart E. Gundrum j William E. Gundrum, 66, a o r m e r rcisdent of Cedar lapi'Js, died at his home in )vcrland Park, Kans., Monday, ollowing a brief illness. j Born in Casey March 13, 1907, ie was married to Hazel Stri-esky in Cedar Rapids June 9, 1930. A 1930 graduate of Coe college, he received his MBA degree from the University ofj Southern California in 1932. He was accountant for the Mobil] Oil Corp., retiring in 1965. j Surviving in addition to his wife are a daughter, Barbara ,ucy. Overland Park; a sister, ..ucile Callahan, Tampa, Fla., md two grandchildren. Services: Beatly-Beurle chapel at p.m. Thursday by the Very Rev. Canon D. A. Loferski of St. John's Episcopal church. 3urial: Czech National cemetery. Friends may call at the chapel after 7 p.m. Wednesday. Friends may, if they wish, contribute to the cancer fund. The family is staying at 229 Sinclair avenue IOWIH i SHOwm f tow 5x Wednesday night will find snow from the Ohio valley into the mid and north Atlantic states. Rain will be found throughout the remainder of the East coast except for Florida. Some light snow is forecast {or tho mid- Rockies. Elsewhere, generally -fair the energy efficiency of their buildings. In other developments: Tiic labor department reported Wednesday that unemployment compensation rolls show :hat of those seeking Benefits in mid-January attribute their loss of jobs to the energy shortage. The figures for a two-week period ending Jan. 26 did not reflect thousands of others who have been thrown out of work by the strike of the independent truck drivers. Gasoline prices continued to increase as two more major marketers posted hikes. Gulf Oil Co. US boosted its prices 5.5 cents a gallon and Exxon Co. USA announced an increase of 3.5 cents. The increases, attributed 'to higher crude oil can be expected to show up on gasoline pumps in a matter of Daily Record Eugene B. Laurer Helen Kemp Laurer, 77, wife of Eugene B. Laurer, 2560 Country Club parkway SE, a Cedar Rapids resident most of her life, died Tuesday following a brief illness. Born April 17, 1896, in Chicago, she was married in August of 1963. Mrs. Laurer was a member of St. Paul's United Methodist church and Cedar chapter of OES, and was an honorary member of Alpha Delta Gamma. Surviving in addition to her husband are a brother, H. Franklin Kemp, Sun City, Ariz.; two sisters, Mrs. George B. Turner, Sherman Oaks, Calif., and Mrs. Erie Funk, Long Beach. Services: Turner chapel east at p.m. Saturday by Dr. Arnold Herbst. Burial: Cedar Memorial. Friends may call at Turner east until 1 p.m. Saturday. The casket will not be opened after the The Weather Hlflti temperatures Tuesday, lew temperatures overnight and inches of oreci-n tallon: Anchoraqo 20 22 L. Angeles 72 50 AlUnta ..5737 Miami 7471 B smarck IMSb.ol Min'apolis 19 5.02 Chicago ..2422 .11 N. Orleans Denver .35 14 .u New York 22 control violation Arnold Zika, 1612 First avenue NE; fined and costs. Faulty equipment Linda Junko, 1114 Fifteenth street SW: fined and costs. Traffic signal violation Tichy Chris II. Tichy, BO, of 710 Seventeenth street SE, retired tailor, died Tuesday after a brief E. Morrison Richard E. Morrison.'GO, of 916 Sixteenth avenue SW, died Wednesday following a long illness. He had been an employe of Cedar Rapids Engineering Co. 26 years. Born Dec. 2, 1913, in Cedar Rapids, he was married to the former Juanita Montgomery May 30, 1942, in Kahoka, Mo. He was a member of the Fraterna Order of Eagles in Omaha and the machinist union. In addition to his wife, he is survived by a son, David Lee, Muscatinc, and two sisters, Loretla L. Piper, West Liberty, and Dorothy L., San Antonio, Texas. Services: Noon Saturday a Turner chapel west. Burial Cedar Memorial. Friends may call at Turner chapel west unti a.m. Saturday. The caske will not be opened after the ser Continued from Page Honolulu 81 66 .28 Seattle ....4426 Houston .6964 Washington 37 2B Extended Forecast Partly cloudy Friday through Sunday. Hi nor temperature changes. i ghs in the mid 20s to mid 30s. Lows mostly teens to low 20s. C. R. Weather ffigh Tuesday Hanson, Mankato, Minn., two charges; fined and costs on each charge. Charlotte Walser, 1020 Ellis boulevard NW; fined and costs. Hight-of-way violation Anna Bean, 2382 Thompson street SE; fined and costs. Iowa Deaths Oxford Edwin W Seydel, 63. Services Thursday at 11 at St. Mary's Catholic church, Iowa City. Rosary at 7 Wednesday at Donohue's. Burial in St. Peter's cemetery, Cosgrove. Central City Carl W. Trit-le, 52. Services Thursday., at at St. Stephen's Catholic church. Rosary at 8 Wednesday at Murdoch's. Keswick Roscoe Acklcy, 81. Services Friday at at United Methodist ohurch. Friends may call at Powell's, South .English, after noon Thursday. Iowa City Perry Walkup, 88. Services Thursday at George L. Gay's. Burial: Oak Shade cemetery, Marion. Kalona Grace M. Kessler, DO. Services Thursday at 2, Pe-terseim's. Blairstowii Lewis Johnson, 76; Services Friday at 2, Meth-oclisl church1'.' r Halverson's, where friends may call after 11 Thursday. Dysart Nellie, Watson, 99. Services Thursday at 2, Presbyterian church in Vale. Over-ton's, where friends may call Wednesday. Manchester George L. Duggan, 73. Services Friday at at St. Mary's church. Rosary Wednesday at 8 and wake service Thursday at 8 at Bohncnkamp's. Tama Earl J. (Dekc) Mulligan. Mason-Hand's. Independence Arthur Burger, 79. Services Thursday at 2_ at First United Methodist church. A memorial has been established. Pcosta Edward J. Chapman, 82. Services Thursday at 11 at St. John the Baptist church. Reifs, Farley. Mt. Vernon Carl W. Snod-grass, 81. Services Friday at 10 at Baxter chapel where friends may call after 4 Thursday. Maynarcl Tony Haas, 60. Delsing-Wright. Fairbank Lona Kerns, 87. Services Friday at 10 at Immaculate Conception church. in Klatovy, Czechoslovakia, May 14, 1893, he had resided in Cedar Rapids since 1911 and had operated a custom tailoring shop until 1972. Surviving are his wife, the :ormcr Evangeline Biskup, am a sister, Barbara Homie, Omaha. Services: Friday at 1 p.m. at Kuba funeral home east by the Very Rev. Canon D. A. Loferski. Burial: Czech National cemetery. Friends may call at Kuba funeral home east after 7 p.m. woman employe, Miwako Yagegashi. "I'm embarrassed we have lo dispatch a JAL Prime Minister Tanaka said in Tokyo. "It's a hard job to take them (the hijackers) from the harbor to' the airport." Japanese officials said the plane would arrive in Singapore from about 11 a.m. Thursday, Singapore time p.m. CDT Wednesday. The special Japan Air Lines plane was to carry six pilots and a member of the JAL hoard of directors, Susumi Saito, a JAL spokesman said. Foreign Minister Masayosh Chira said the terrorisls promised not to harm the hostages at Ihe embassy once the Japanese pledged lo send the plane. The foreign ministry listec only Ihe six captives. But a telex message received from the embassy indicated .there may be as many as 16 hostages in all, including Japanese busi ness men. "All 16 are in good the message said. The Singapore guerillas were two Arabs and two members o the radical Japanese Red Army movement. They hijacked a Sin gapore ferry boat last Thursday and have since drifted through the harbor with three crew member hostages seeking safe passage to the Middle East. Issued Jointly Kuwait officials said the state ment demanding a JAL plane for fhe Singapore guerillas was issued jointly by the Marxis Popular Front for the Libera tion of Palestine the Japanese Red Army guerilla organization and the Palestinian Splinter group, "Sons of the Oc cupied Territories." The statement said the gueril las were involved, but said al Ihe hostages were- in goot health. The statement, telephoned from the embassy to the Kuwait daily newspaper Al Siyassah, made the following demands: The Japanese government must send a plane to Singapore to bring to Kuwait the four guerillas who attacked the Shell refineries in Singapore Thursday, along with their weapons and hostages. The Kuwait government must handle the situation because any attempt to use force against the embassy occupiers would lead to the execution of the hostages one by (Conlinued from Page 1. move by changing the 55 mph limit to 60 mph. He told the senate this would ;ive Iowa Attorney General Richard Turner a chance to carry out his offer to take on congress in a lawsuit over the constitutionality question. However, his motion was rejected, 36 to 12. Republicans generally opposed Schaben's motion and so lid many Democrats, with Senv Ralph McCartney (R-Charles City) apparently summing up their sentiments. McCartney, himself a lawyer, said he was unwilling to let the attorney general "take on a project that involves our blood and his courage." He said that the'55 mph speed limit not only was imposed. by congress to conserve on fuel but also as a safety measure to conserve lives. Present Iowa daytime speed limits are 70 mph on primary highways, 75 on interstates and 60 or less on other roads. House amendments to the bill, which the senate accepted, set the starting date for the 55 mph limit on March 1 and also repealed a provision in the present law making it mandatory for the state public safety department to revoke drivers' licenses of p e r-sons convicted of a speeding violation three times; in one year. The department still has the right to suspend, licenses of drivers convicted of flagrant speeding violations. The senate first passed the bill Jan. 17 by 38 to 8 vote and the house delayed action on it the following day until Feb. 1, when it amended the measure and passed it 83 to 10. On the final vote in the senate Wednesday, the ten who op-pcsed the bill included Republ -cans (1) Griffin; Democrats (9) Coleman, Gallagher. Keying, Kennedy, Miller of DCS Moines, Nolin, Rodgers, Scha-ben, Scott. Absent or not voting were Democrats (3) Doderer, Robinson. Van Gilst. The remaining 27 Republicans and ten Democrats voted for the 55 mph speed limit. jow, overnight Voon Wednesday 2 p.m. 20 Potal for formal for Feb. Normal through F 1'otal for 1.03 eb Hints Nixon Violation On Covef-Up WASHINGTON (UPI) Senator Lowell Weicker (R-Conn.) asked President Nixon .Wednesday if he informed, law enforcement officials he; learned of 'the Watergate cover np from John Dean. Failure to do so Weicker said, would constitute a felony. Weicker, a member of the senate Watergate committee made the statement in questions posed to Nixon. While Weicker drew up the questions, they were submittec to the White House on behalf of the entire Watergate committee. Weicker accepted Nixon's explanation .that Dean did not tell him about Watergate until March 21, 1973. That was the day Dean testified he told Nixon of a "cancer on the presidency." Dean testified that he believed Nixon was aware of the coverup earlier lhan March 21. "When you learned of Watergate crimes on March 21, the law required you to turn this evidence over 'as soon as possible' to 'a judge of civil authority', not Mr. Dean or Mr. (John) Ebrlicbman which judge or law enforcement official did you Weicker asked. Then he said that not reporting the crimes constituted "mis-prision of a crime that carries a maximum of three years in jail and a fine. Weicker made a similar statement concerning Ihe President's first finding out about the breakin by the White House plumbers at thee office of a psychiatrist who treated Dr. Daniel Ellsberg. Accepting Nixon's statement that he learned of the Ellsberg breakin on March 17, 1973, Weicker said "the law clearly required you to inform a judge or law enforcement official 'as soon as possible'." Under what aulhorily did you wi thhold that Weicker asked. Altogether Weicker submitted 11 questions lo Nixon, each inquiring sharply into Ihc President's handling of Services Jocus, George- Services were held at 10 a.m. Wednesday at Immaculate Conception Catholic church by The Rev. Richard J. Hess. Burial was in Cedar Memorial cemetery. Arrangements by Cedar Memorial funeral Barometer, rising tumidity at noon Wind direction Gazette weather ).m. N at 20 m.p.i Sun rises Thurs sets, Year Ago Toda ow, 22; rainfall, Traveler's "r..: 68% md velocity at station at 2 i. day, C. Ashmead Joseph C. Ashmead, 80, formerly of the Commonwealth apartments, died at a nursing home Tuesday following a long illness. A retired employe, of Iowa Manufacturing Co., he was born Aug. 7, 1893, at Richmond Hill N.Y., arid was married to May belle Feeley July 29, 1922, at Jamaica, N.Y. He was a member of Immaculate Concep tion church and a 1916 graduate of Cornell university. He is survived by a daughter Mrs. E. J. Dulin, Cedar Rapids; two sons, Joseph C. II, Mankato, Minn., and Harold, Wood-bury, Conn., and five grandchildren. Services: a.m. Friday in immaculate Conception church by the Rev. William P. Leonard Burial: Mt. Calvary. Rosary at p.m. Thursday at Turner chapel west. Friends may call at Turner west. High, 38; none. forecast lay feather, Hi-Lo Snow Disf City officials stood firm Wednesday in a dispute with former Assistant Police Chief Kenneth Vanous over Vanous' severance pay. The dispute centers on payment for compensatory time accumulated by Vanous before he took early retirement from the force in November. The difference between what the city paid Vanous and what he claims he earned is about Vanous and an attorney met Wednesday wilh Auditor Bob McMahan, City Attorney Dave McGuire and Safety Commissioner James Steinbeck. Conflicting Records The difference results from conflicting records on overtime worked. Var.ous' time card for 1973 indicated he had hours of compensatory time due him at the start of 1973. According to the time sheets recorded by Vanous during the year, he earned 151 additional hours, but according to the time card validated by Former Chief George Matias, he earned 63 and one-half. Both records indicated he took 104 hours of compensatory time during the year. In addition, McMahan said, he found in checking time sheets back to 1960 that the figures, recorded do not agree with the 96 hours due as recorded on the 1973 time card. Vanous Version According lo his research, M c M a h a n said, the figure should have been minus-59; (hat Vanous had actually taken 59 liours more lhan he was due by Ihe start of 1973. Those records are official, he said, and are Ihc ones the cily must use in determining payment. The amount the cily believes it overpaid Vanous for compensatory lime thus deducted from his final paycheck, which included payment for sick leave and vacation lime earned but not taken in 1973. By Vanous' calculations Firm check should have been aboul but the check he received, based on the city's calculations, was about Another factor entering into the dispute is that according to the figures presented by Vanous, his compensatory time would prolong his official employment into 1974. According to the city figures, his employment would have officially ended Dec. 26, 1973. That is significant because of new fringe benefits that went into effect Jan. 1. Accumulated Leave If Vanous offiically terminated his employment in 1973, he would be eligible for one-fourth of his accumulated sick leave in excess of 90 days, and for four weeks' vacation. If he terminated employment in 1974, he would be eligible for all the sick leave in excess of 90 days, and five weeks' vacation. Most of the disparity between the overtime figures occurred between 1969 and 1973, Steinbeck said. In 1969, he said, the chief and assistant chiefs received a annual increase intended to compensate them for overtime worked. No Official Record Between 1969 and 1973, he said, no official record of compensatory time earned was kept. In 1973, Matias reinstated the procedure. Neither Steinbeck nor McMahan could account for Ihe differences between the lime claimed by Vanous and the figures on Ihe time cards. Steinbeck said Ihe records arc available to most staff personnel, and conceded they could have been changed, cither to reflect more lime or less time earned lhan was originally recorded. McMahan said there were some erasures in the records, but he said it is impossible to tell what the erased figures 30-20 Snow 26-17 .PtCldy Cleveland Detroit Indianapolis Kansas City Milwaukee Mpls.-St. Paul Okla. City Dmaha Sioux Falls 18-12 Clrng 37-22 PtCldy 32-22 Snow 16-6 .PtCldy 20-16 PtCldy 43-25 PtCldy 30-18 PtCldy 20-2B Days Through Feb. 5, Percent oE norma Total normal yc Coralville Pool level Wedne Births Feb. 5 To Gilbert Sells, 70 street, Marion, a s Births St Feb. 5 _ To t Tames G. Buchar den lane NE, a Cady. Walker, David F. Nichols Post road NW, a c Marriage Judy Kaul and tup, Dona WascI arcl Swcnson, Rapids. Fire a.m. Tue 'aullr oven rcg Eleventh avenue a.m. Tu tcateil furnace n avenue NW. p.m. Tucs odor caused liy 1539 First avenue p.m. Tuc ,orch to junk car nue NW. p.m. Tucsc cd blower motor ivcnuc NE. p.m. Tuc nilor :il 1029 Four a.m. Wed n paragn door o Kiown Trace NE. 4.543 year 64.70% ji- Lake wlay ...675.36 vlercy Mr. and Mrs. 0 Thirty-fifth on. Luke's ie families of an, 6529 Min-son; Reginald a daughter; on, 100 West aughler. .icenses Patrick Sou-ek and Rich-11 of Cedar S sclay. Possible ilator at 715 3E. csday. Over-olor at 202 F jay. Chemical steam iron at SE. sday. Cutting al 50S J ave-ay. 4444 First sclay. Smoke b avenue SE. icsday. Short ncncr at 6815 s Court ;lano Hanson, incd and rriclgc, route ivid Graham, strchill, 1203 t NE; Stephen ig rond NIC; nwer Terrace; 41 Fourth av-Plieslcr, !I30 i; each fined aiilette Maas, o SE; Charles fionnld Long, i; each fined s nd.lacnit to Kurth, Ana-el B. Kramer Russell B. Kramer, 33, a former resident of Cedai Rapids, died Monday in a Houston, Texas, from page i a n e s Wis., Mr. Kramei served wilh the U. S. marines. Surviving are two sislers. Mrs. Ronald Rhoads, Cedar Rapids, and Mrs. Gary Langen-aerg, Green Bay, Wis., and five brothers, Charles and Victor, Cedar Rapids; Daniel, Houston; John, El Cajon, Calif., and Timothy, G.rafton, Va. Services: p.m. Friday at the Bealty-Beurle chapel by the Rev. Francis King of Olivel Presbyterian church. Burial: Linwood cemetery. Friends may call at the chapel after 6 p.m. energy bill to which the rollback amendment was a'dded. "The cost if the product is at a higher level than you rolled it back Simon said Tuesday. The amendment approved Monday by the conferees would put the price of all domestic crude oil at ?5.25 a barrel and prohibit that price from rising above a ceiling of per barrel. Simon lold Ihe conferees he "could live wilh" a price ceiling of per barrel. Meanwhile, senate and house conferees continued lo work on legislation to give President Nixon broad powers to deal wilh the energy crisis, including rationing gasoline, which he says he would only do as a last resort. The conferees Tuesday agreed lo include a million federal fund for grants to states (or unemployment benefitsMo Ihose who lose jobs because of Ihc energy .situation. The White House objected lo a similar idea last year when the same bill was stalled in congress. The conferees also agreed lo include loans lo homeowners nnd small business men David Barnhizer Diane Barnhizer, 42, a former Cedar Rapids resident, died Sunday in Weston, Conn. She was the daughter of Paul Hunter, 421 Longwood drive NE. She was the wife of David Barnhizer, also a former Cedar Rapids resident. The couple left Cedar Rapids aboul 20 years ago. Survivors also include five children. Services were held in Weston, Conn. The body was cremated. Burial will be in Cedar Memorial Kills 20 TAPACHULA, Mexico (UPI) A bus overturned near this extreme southern Mexican city, killing 20 passengers and injuring warm, human and won-derful hoppem wlicn you jay if will) (lowers. Where Ihe Selection Is Rail 1800 ELLIS BLVD. NW Flawcrplianc 366-1826 THE Mankato, Minn.; f costs. Robert Be hree, Marion; D Viola; Joan Woe rhirlv-lhird slrcc RidRo, 3720 WIM William Stark, T Dona Wnschcr, 3nue SE; Joyce Regent streut Nt 130 and costs. P 517 Bever avcm Strange, Clinton; one, Mnrio 120 and costs. Striking fixture street Michael i osn; lined WORTH OF FURNITURE SOLD IN ONE YEARS AGO Taking advantage of houses with two-foot-Ihick stone walls, German troops converted Cassino into an intricate fortress thai defied Ihc fiercest American efforts Ic crack il after four days ol heavy style bedroom suite, like new, and sofa 11SO. Coll AD COST ONLY .68 "Our snow tires were sold on the first call, said Lois Krabbenhoft. To Order Your Action-Ad DIAL 398-8234 8 AM to 5 PH Man. Thru Fri. nnd Until Noon i i M I Convenient ilowniown locnllon 308 3rd Avc. SE FLORIST and GIFT SHOP 364-8139 phono answorod 24 hours ovory BROSH CHAPEL tit Inquire Alroul Our I'rc-nrrniiBMl Services Cvdiir Itnplds ;