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Cedar Rapids Gazette (Newspaper) - October 29, 1974, Cedar Rapids, Iowa Weaiher- Cloudy tonight n n a Wednesday. Chance oi I'iiiu Wednesday. Lows tonight, 50 lu 55. lllglis Wednesday, mid (JOs. VOLUME 112 NUMlJEK 2'J3 CKIMK IOWA, TUESDAY, OCTOBER CITY FINAL 15 CENTS ASSOCIATED PRESS, UPI, NEW YORK TIMES WASHINGTON (AP) The supreme court Tuesday agreed to review the first death sen- tense case it has received since it ruled in 1072 that capital punishment as 'then carried out was unconstitutional. The court said it will hear ar- guments later this term on the appeal of a North Carolina man condemned to die for murder. Depending upon how broadly the court rules, its decision could affect only a limited number of North Carolina cases or the validity of the death penalty itself. The court ruled 5 to 4 on June 29, 1972, that the decision! whether to sentence an individu- al to death could not be left up to a jury. Since then, more than half of the states have passed laws de- signed to get around the court's objections. More than 100 pris- oners are now under death sen- tences in state penitentiaries and awaiting execution. Interpretation North Carolina enacted such a law April 8, but the man who is appealing is among more than 40 condemned to die in the stale under a judicial interpretation of a previous law. North Carolina originally re- quired the death penalty for first degree murder, rape, first degree burglary or arson. In 1947 and 1949, the state legisla- ture changed the law so the jury could recommend life imprison- ment. In 1973, the North Carolina supreme court ruled that the previous year's U. S. supreme court ruling had invalidated only that portion of the state law which made the penalty op- tional with the jury. Treating the law as mandatory, judges continued to sentence men under it. Attorneys for the NAACP Legal Defense Fund, appealing on behalf of seven defendants, contend that this "reinstatement of the death penalty by judicial decision" was an "impermissi- ble evasion" of the supreme court ruling. The court agreed to hear only one of the seven ap- peals, and did not indicate whether it would hear the others. "Cruel, Unusual" They also argue that the death penalty violates the con- stitutional ban on "cruel and unusual punishment.'' They contend it is unevenly applied even when it is not left to the jury. For instance, they argue, the prosecutor has broad discretion as to what charges to file, and whether to reduce charges after plea bargaining. Juries can find defendants guilty of lesser of- fenses not punishable by death. And governors can grant clem- SMILING OPPONENTS Defendant John Ehrlichman and a family friend, Fat Taylor, left, walk past Jill Volner and Carl Feldbaum, assistant prosecu tors, during a recess in the Watergate cover-up trial. Hunt Denies Payments 'Blackmail Gazelle Leased Wires WASHINGTON Watergate burglar E. Howard Hunt tes- tified Tuesday that more than raised for him under White House auspices was nei- ther "extortion nor blackmail." William Hundley, attorney for former Attorney General Mit- chell, pressed Hunt repeatedly. "Besides protecting these peo- ple, you were also blackmailing IhemV" Hundley asked. "At no Hunt said. "Al no Hundley said. "No, Hunt said. "You don't consider your comments lo disclose 'seamy' things you had done for the While House, you don't consider liiat blackmail'.'" "No, sir." "What do you consider it investment Hundley asked. "I consider it in the nature o! a bill Hunt said. "You don't feel you were sell ing your silence7" "No, Hunt said. "That is a different mailer." While House Ties Earlier, Hunt said under cross-examination that his main lies in the Nixon administration went lo the White House and not lo Ihe 1972 Pommiltee To Re- elect the President headed 'by Mitchell. Under questioning by Hund- ley, Hunt said he had never mel Mitchell nor communicated with him in any way. Hunt said it was another con- victed Watergate burglar, G. Gordon Liddy, who told him in April 1972, that Mitchell had fi- nally approved the brcakin plans. Blow fo Kissinger Bid By United Press International Israeli newspapers said Tues- lay that the emergence of the 'aleslinian guerillas as Ihe dominant force in the Israeli-oc- cupied West Bank of ;thc Jordan river had struck a heavy blow it Secretary of State Kissinger's rliddle East peace efforts and virtually torpedoed the Geneva ency. In other actions Tuesday courl: Upheld federal black lung reg- ulations which coal mine opera- tors challenged on grounds they would cost billions of dollars and "invite unlimited subter- fuges." The nine operators ob- jected, among other things, to a clause making the benefits available lo men who retired (Continued: Page 3, Col. S.I Today's Index instrumental in winning the agreement. Although the endorsement of Ihe Palestine movement ap- peared to doom resumption of the Geneva Middle Easl peace conference soon, (he way ap- peared open for Ihe individual, bilateral negotiations advocated by Kissinger and President Sadat of Egypt. The Rabat decision is "a leader Yasser" Arafat blow said the an Arab summit conference in (Continued: Col. 5.) Rabat, Morocco, when Arab kings, presidents and sheiks re- cognized Ihe Palestinians' claim lo Ihe West iBank in diplomatic defeat for peace conference. Ihc The triumph of Palestinian Hundley established former White House that a official Charles Colson, was responsible for Hunt going to work at the While House and accused Hunl of seeking to protect Colson when Hunt lied before several Watergate grand juries. Mitchell's lawyer was the first to cross-examine Hunl. Those representing H. R. Haldcman, John Ehrlichman, Robert Mar- dian and Kenneth Parkinson were to follow. "Rude Awakening" Hunt teslified Monday lhat a "rude awakening" brought on by release of the White House tapes persuaded him lo stop lying about Watergate. He admitted he lied more than a dozen times before grand juries in the spring of 1973, even though he could no longer have jcen prosecuted for liis part in the Watergate brcakin or subse- quent attempls to cover it up. The 56-year-old relired CIA igenl said he read published .ranscripts of the presidential apes last spring shortly after le was released from prison. The tapes disclosed increasing Jiscussions among former Pres- donl Nixon and aides about Hunt's continuing demands for Tioney. Former While House counsel John Dean lold Nixon i was blackmail. "I felt a sense of rude awak- ening and I realized that these nen were not worthy of my con- imicd or future Hunl eslificd near the end of his first day on Ihc stand. By March IB, 1973, Hunt by lis own testimony had received at least for lawyers fees and olhcr expenses. Howev- er, by last spring the money had long since stopped. Hunt cited another reason for telling the truth about Water- gale. He said his four children 'were not fully persuaded thai Ihe testimony I had given in prior public forums was in all respects factual and candid." Earlier Monday, Hunt Icsli- lied for the first time that Mitchell approved the intelli- gence plan thai ended up as the original burglary. Hunt said Liddy gave him reg- ular reporls on attempls to pcr- (Continued: Pace 3. Col. 7.) Ford Ousts Sawhill in U.S. Enemy Shakeup i WASHINGTON (AP) Prcs-jmalters, said: ident Ford announced Tuesdayi It voluntary efforts do not i major shakeup in the federalioil imports by one million bar-! energy hierarchy, removing rels a clay, he will "of course" John Sawhill as administrator move toward mandatory mca- replacing him with Atvst. Commerce Secretary Andrew ibson. Ford made the disclosure dur- ing an impromptu White House press conference. He also an- nounced that former air force ocrelary and NASA official Robert Seamans would become head of the new Energy Re- search and Development Agency, and that former astro- naut Bill Anders would head the Nuclear Regulatory Agency. New Appointees Dixy Lee Ray, now head of the Atomic Energy Commission will become assistant secretary of slate for international envir- onmental and scientific matters, Ford said as the new appointees lanked him at the podium. The President made clear h it Sawhill's resignation was desired by Interior Secretary Morion, whom he named three weeks ago to coordinate the fcd- PI d government's energy poli- cies. surcs, including a possible iron- clad limit on imports. Gazette Leased Wires That U. S.-Sovict differences LONG BEACH, Calif. on strategic arms President Nixon under- "have been narrowed" andlwont successful surgery Tues- voiccd liopc for a to block the spread of blood SALT agreement next year. which had Ilircalened his Agriculture Secretary Dutz, in I life. Ford's view, "has done a good job" and the President has no plans to replace him and has "no specific plans lo ask for any cabinet resignations." well as the target, Republicans as Democrats were of future economy plunged ast month at the steepest rate n 23 years. The commerce department said Tuesday its index of lead- ng indicators dropped 2.5 per- cent. It was the second sizable decline in a row, making the two-month fall 4.1 percent. The latesl projection was for sharply higher unemployment, decreased spending on durable goods, lower returns for raw material producers and even slower aclivily in Ihc already- depressed conslruclion industry, he strongest faclor pushing down the index was slock prices. I ord declared that his present economic programs arc sound and should deal with both infla- tion and recession but added "I will be open to suggestions" if they don't cure fhe current economic slump. Ford was asked if he slill in- sisted the country was not in a recession. "Whether it's a recession or not a Ford said, "we have problems." Semantics He indicated he did not want to argue the semantics of the matter. The President's first ques- tioner asked if new economic data might prompt Ford to change the emphasis of his eco- nomic policies to fighting reces- sion rather than focusing large- ly on inflation. Ford responded thai his eco- nomic blueprint unveiled earlier this month was "finely tuned" and was designed lo "deal with both those But he added that if new eco- nomic data came 10 lighi that would indicate a sleeper set- back than anticipated, "1 will be to suggestions." "No Differences" The President said there were "no major policy differences" with Sawhill, although there were perhaps "differences in approach and technique." Ford said, of an Oklahoma City campaign speech a week ago in which he suggested the election of a hcavily-Democralic con- gress could jeopardize the peace. Wilhoul regard lo parly, he aid, tile election of a congress more likely to adopt measures like the Turkish aid cutoff "will make our efforts much harder lo build the peace and maintain the peace." lie believes Nelson Rockc- S feller will be confirmed as vice- president and added that "I strongly support him" for the No. 2 position in the nation "as I Dr. Eldon Hickman, who per- formed the operation, said the surgery was "uneventful" and the Cl-year-old former Prcsi- idenl's condition was "stable" following the operation which lasted a little more than one hour. Nixon's personal physician, Dr. John Lungren, ordered the surgery late Monday night when new tests disclosed a large clot in Nixon's left hip above those previously discovered in the left leg. The new clot was closer to did in August." 4 Convicts Demand Plane For Escape an artery which leads directly to the heart. Lungren, who characterized the operation as a said the five-man surgical team inserted a clip across the iliac vein in the left groin area. Lungren had said the opera- tion was required because the clots in Nixon's leg posed a threat to his life. Permanent Clip With Ihc threat the clot could become a pulmonary embolus, we placed a mild clip par- tialy occluding (closing) but not completely occluding the Hickman said. He said the clip was permanent. THE HAGUE (UPI) Four! off dols "f lany magnitude The clots of convicls holding 1C hostages in thoir own the Schevemngcn prison chapel (dissolve or you will develop new circulatory he said. But he stressed that be anti- cipated no new problems for Nixon and said lie would de- scribe tile operation as a suc- demanded Tuesday night that the Dutch government provide a plane to fly them and a fiftii prisoner to a country of their choice. There was no immediate re- sponse from the Dutch govern- ment. The convicts said thai the demands have been met, Lungren said two women and a inan with a was uneventful heart fondilion among the hos- lages will be released immedi- ately, police said. The convicts originally seized 22 hostagesjusu Saturday bul released some. The convicts armed wilh at leafl Iwo guns asked thai pris- on officials (urn over a second Arab hijacker to llieir cus- lody, C'lal a bus wilh a rear cxil should be driven lo Ihc chapel entrance, and thai Ihe whole area should be floodlit. spokesman Norman cess. Hospital Nagcr said more tesls Will be conducted on Nixon lo insure when ['here are no complications. Ihc operation and that the former President was "recover- ing in the normal manner." Ion "ought to have a right with my approval" lo make changes in the ranks of federal energy officials, and that Sawhill "will be offered a first class assign- ment" elsewhere in his adminis- tration. Afler making the announce- ments at the beginning of the news conference, Ford said the shakeup places "a newr team in charge of the energy program The doctor said he had Ihe ffecls of 'being sleepy and was confined to bed. Nixon's wife, Pal, and his sec- retary, Rosemary Woods, ar- rived at Ihe hospital a few hours before the operation which began at a.m. CST. Lun- gren said he spoke to Mrs. Nixon early Tuesday. Hickman said Nixon will prob- )ly be hospitalized for "an- hcr then Ihe recovery "We now have begun what wejwould take four lo six weeks at consider the first beginnings of i home. He said he decided that Mor- The negotiations were being conducted by telephone. a justice ministry spokesman said. "Both sides are talking about what can be done and what is wanted." Two Aral) and two Dutch con- He said he did not anticipate any further surgery. Lungren, Nixon's personal physician, said he had consulted Nixon's wife. Pal, which we will sec moving ahead leased, under Roger Morion's vicls seized the hostages during [daughters Julie and Tricia by a Roman Calholic mass in the telephone Monday night, chapel Saturday evening. Since Lungren was an observer at then, six hostages have been re-'the surgery. Bolh lliekman and Lungren stew-1 Dutch officials said Ihe talks noted thai Nixon will be prohi- a breakthrough. The nc-'bilcd from eating a regular diet Comics Crossword Daily Record Deaths Editorial Features Farm Financial Marion Movies Society Sports .Stale Television Want Ads ...17 ...17 .....3 .....3 (i ....II ....IS 7 in 8 I I) a major Jordan's King Hussein who lost the terri- tory in the I9G7 Mid-East war. "Wartime" Cabinet The Palestinians announced they would set up a government in exile wilh a cabinet as Ihe lirsl slep in trying lo create an independent state on Ihc West Bank, a move Israel rejected in advance. Former Prime Minister Golda Meir has said crcalion of a Palestinian stale on the West Bank would be "a knife at Israel's heart." Tuesday, Hussein and Arafat sel aside their hitter rivalry to join in Ihe surprise agreenicnl in a rare show (it unity. Arab .sources .said King Faisal of Saudi Arabia whose oil mon- ey has financed much of I hi- Arabs' aiili-lsrael actions was More Delay on 1-3 By Mike Dcuprcc The Linn County Regional Planning commission refused Monday night lo formally ac- cept an 1-380 route through Ihe ccnlrr of Hiawatha. The surprising move was Ihe latest in a controversy o v e r where Ihe highway should be located. The plan- ning unit adoplcd a major streets plan several months ago showing Iwo possible routes for the highway, one through Hiawatha and Ihc other to the wesl. Afler study by Ihc .slate highway commission and sev- eral hearings, the commission voted la.st month, with Iwo dissenters. In accepl the high- way commission recomiiirii- dalion of the Iliawalha route. Monday nighl a motion lo formally amend the streets plan by eliminating the west- ern alternate was approved by 12 of Ihc 19 members present, but failed lo receive Ihc necessary If) votes repre- senting a majority of the full commission. Some Question After Ihe vole there re- mained some question of where Ihe issue now stands, as well as what the vole does In road projects receiving slalc and federal fund.1-. The delay will give Ilia- walha a chance to proceed wilh a comparative cost ysis which it has comracled for wilh Willis and Powers of Iowa Cily. A special planning commission mcrlinj; has been tentatively scheduled n e x 1 month lo go over Ihe results of that study and reach a decision on Ihc route. Meanwhile, however, il's likely mi funds will be availa- ble for any road projects in Ihe counly. The funds can'l be diKtrib- ulcd by slate or federal sources unless Ihe planning e a m m i s s i n n s planning process is certified, which it is not at present. It won't be certified unlil an approved major slrrels plan is on file, and Ihe slrcels plan won't be approved unlil a glc illliTstale r'Mile is chosen Irony Ironically, Ihc action Mon- day night may have delayed ccrlifiration of the planners w i t h o u I delaying highway commission work on Ihc Ilia- walha roulc. Kay Kassel, deputy director of planning for the highway The Chief Kxcculive, on other gotiating "may go on for a long Initially and will be fed in- Ihne, but it has started mov- (ravenously Tuesday, said a Dutch .spokesman. Lungren, who had warned The last child released was II- thai, bleeding might be a prob- ycar-old (lodfried Clcrcqs whnllem (luring surgery because of said Ihc convicls freed him bc-ianti-coagulalion therapy, said cause "I told them I had lo geljthcrc was no excessive bleeding back lo school.'' 'during the operation. The kidnapers slill held Ihe child's parents hostage. Doclors said the smiling child n T I I r I S commission, declined com- "''-'H- 'I'1 was grceled no cxlra incut T u e s d a y pending examination of tiie action lakcn by the planning unit. Nevertheless, Ihe difference between last month's accep- tance of the highway commis- sion recommendation and Ihi.s month's rejection of a formal amendment may he .signifi- cant. Planning Diicclor Don Sal- UT said uhiie a ionnal f amendment to (lie slrcels plan required for certification, only informal acceptance nf the highway commission rcc- (Continued: Page 3, Col. R.) 71-year-old grandfather, ncs Den Boer, OIK; (if five hunl- I'Conliniicd: Page 3, Col. fi.'i Stocks Stage Sharp Rise MOW YOHK (UPll llcspilf snnii'' aiK'er-o economic nnus, ipriccs Tuesday rose .sharplv and [broadly in accelerated Iradini; on Ihc New York Slock Ex- change. The p.m. Dow Jones average was ahead Ifl.iVi at. (Ifi.'l.M. [excessive bleeding during tile i surgery. Doctors .said he would (continue to receive hcparin, as ;hc had before the operation, to prevent further clotting. Nixon's youngest daughter, Toilaij's Chuckle. aa-.ithn: "Well, no, I uonldifl Miy lie'.s cancelled; bul. lie's convinced thai if he hadn't been ijuiii people udiiul want
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