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Abilene Reporter-News, The (Newspaper) - November 22, 1970, Abilene, Texas Howard P, 55 I McMurry 22 W, Falls 24 Tex. Tech 17 TCU 23 Baylor 28 Oklahoma State 27 Southern III Slate 20 Michigan Dame 3 LSU 49 Air Force la. Stale 36 Iowa State 27 WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT COTH YEAR, NO. 162 PHONE 6734271 ABILENE, TEXAS. 79604, SUNDAY MORNING, NOVEMBER 22, EIGHTY-FOUR PAGES IN SEVEN SECTIONS IQc 25c SUNDAY Auociattd Prut U.S. Bombs N.Vietnam (AP) Scores of U.S. warplanes raided North Vietnamese missile and antiaircraft sites in the heaviest American bombing in (he North In seven months, the Pentagon said Saturday. Defense Department officials acknowledged that U.S. pilots would lake advantage of two days of raids that started Fri- day to bomb supply dumps and ammunition storage areas In the vicinity of their antiaircraft targets. Defense Secretary Melvin R, Laird said the raids were in re- taliation for North Vietnamese attacks against unarmed U.S. reconnaissance planes and were to end at 5 p.m. CST Saturday. But Pentagon officials said they could not confirm Saturday night that the bombing had halt- ed. They awaited detailed post- bombing una- vailable until making further statements. Air Force and carrier-based Navy planes, apparently strik- ing in a series of heavy attacks, ranged in waves over North Vietnam's southern panhandle during the raids. The bombing strikes came as North Vietnam prepared the movement of a heavy backlog of war supplies to South Vietnam, southern Laos and Cambodia for use during the coming dry season. As was the case during the last big "protective reaction" raids in North Vietnam in May, Pentagon officials acknowl- edged that the latest raid opened up the opportunity for destroying some military supply "targets of opportunity" In the area of the retaliatory strikes. "Nobody will be very upset if our pilots knock out supply trucks they may spot while car- rying out the 'protective reac- tion' strike." In a radio broadcast from Ha- noi, the North Vietnamese gov- ernment called the attacks "an extremely serious act of war." And in Paris the Communist ne- gotiators hinted at boycotting the peace talks in protest against the bombing. Laird mentioned no losses of U. S. planes in the strikes but the North Vietnamese in Paris said five were shot down. Laird denied Hanoi's claim that U. S. warplanes struck close to the port of Haiphong. Describing them as "limited-du- ration protective reaction air the defense chief said they were limited to the area See BOMBvS, Pg. 2-A Paris Peace Talks PARIS (AP) North Vietnamese held open Saturday the possi- bility of at least a temporary boycott of the Paris peace talks because of new U.S. air raids on North Vietnam. And a North Vietnamese spokesman made it clear that antiair- craft and missile batteries will continue firing at any American planes which enter North Vietnamese air space. The North Vietnamese delegation to the stalemated peace talks called a news conference to denounce the raids, which U.S Secretary of Defense Melvin R. Laird said were to hit North Vietnamese batteries response to attacks on our unarmed reconnaissance aircraft." Newsmen attempted several times to extract from the delegation spokesman, Nguyen Thanh Le, a dear statement on whether Hanoi would pull out of the talks or whether it would fail to turn-up at the 93rd session scheduled for Wednesday. At one point, Le said: "If the United States continues its acts of war against the DRV (Democratic Republic of Vietnam) the people and the armed forces of Vietnam will resolutely punish these acts of war as deserved. And the government will take appropriate ac- tion against this." To another question as to whether the Hanoi delegation would show up for next Wednesday's conference session, Le said: "Wait and see." Earlier, the North Vietnamese delegation issued a statement say- ing the bombings "gravely affect the Paris conference on Vietnam." this was echoed a half dozen Umes during the news conference. MANSFIELD, MUSK1E, McGOVERN Senators Criticize Raids Look and listen at new center Abilenian Becky Canada was one of a large crowd of West Texaris who Saturday afternoon turned out for a look and a listen at the new Abilene Civic Cen- ter during a formal opening ceremony followed by an open house. The group Becky Is hearing, ttie Citizens from First Baptist Church here, was one of several playing during the afternoon. See story Page 5-A. (Staff Photo by John Best) Kidnaper Cornered, Shot COVINGTON, Va. (AP) A heavily antied Ohio prison paro- lee was trapped and sliot to death by authorities Saturday, ending a three- stale chase dur- ing which he took five hostages and left two policemen hand- cuffed to a church sink. Police said James Edward ICelley, 42, was spotted by state troopers in a stolen car about 14 miles from here. He held Mrs. Thomas Ayers of the nearby Callaghan area and her daugh- ter Donna, 16, hostage. Three other hostages were released earlier, unharmed. Kelley saw that he had been spotted, police said, he drove the car off the road and fried to flee on foot, using Mrs. Ayers as a shield against police. Officers said Donna managed to escape as Kelley ran into a w.ooded area nearby, but was wounded in the hand during an exchange of gunfire between the el-convict and police. Kelley, armed with at least three guns he had taken from the Ohio policemen, fired sever- al shots, police said, hitting a stale police car, but missing the officers inside. Although Kelley continued to try to use Mrs. Ayers as a shield, police said Forrest W. Hanks, the county game war- den, managed to fire and hit the parolee in Ihe head, killing him. Doctors said Mrs. Ayers was unharmed except for scrapes and bruises. Donna was hospi- talized for treatment of the hand wound. The chase began Thursday In TODAY'S NEWS INDEX Abilene will be the center of two High School football play- offs thii weekend. Starting Friday night, Iowa Park, No, 1 Clan AA team in the state, takei on Clifton at p.m. in regional action. Then Saturday Odessa Permian brings its District 5-AAAA champions to Shot-wed Stadium for a region- al battle with undefeated Arlington. Permian is off a 22- 19 upset of No. 1 ranked Wichita Falls. For other playoff eon- tests see Page 2-D. Abilen. Evert! 12C Amuumentl..........10-13C Astrology SB Auxin Notebook.........12A ferry's World.............SB liC Brida..................IOC BuiinM Week 4B Clanitied.............7-12D Croiiword Puzxls.......... 6B Editorial! IF farm 9B Hotpitol Poiknti..........6A Morfceti............. 10-118 Moon Sotiti (B Obiluirin 4A Oil 13A Retard Rntow........... 11C Sportt.............. IF Thli Work In W.tt Tw.i 81 Te Your Good Htflirt......SB TV Tab............Section E Wonwn'i Newi..........T-9C a Cleveland suburb. Police Sgt. Ronald Baracz, 34, said he no- ticed a tag violation on Kelley's car and started to radio head- quarters. He said Kelley pulled a pistol and forced him to drive to Edinboro, Pa., then turned back to Ohio. They traveled in Kelley's car. The officer quoted Kelley as saying he had spent "enough of his life in the penitentiary and just didn't want to go back." Police began a search after finding Baracz' abandoned pa- trol car. When Keliey's car broke down in Bayard, Ohio, he took the policeman into a church and handcuffed him to a sink. He abducted another policeman in his cruiser outside a restau- rant in nearby Minerva and took him to the sink. Kelley was released last month from the ChMcothe Cor- rect tonal Institute after serving part of a 7 to 35-year sentence for breaking and entering, car- rying a concealed weapon and shooting to wound. WASHINGTON (AP) Sen- ate Democratic Leader Mike Mansfield and two likely Senate contenders for the 1972 Demo- cratic presidential nomination criticized Saturday U.S. bomb- ings raids on North Vietnam Sen. Edmund S. Muskie of Maine, one possible contender, said the raids "can only dim prospects for peace in Indochi- na" and their net effect "Is like- ly to be more fighting and kill- ing, not less." He said they im- plied "renewed reliance on mili- tary pressure" to force a peace settlement Sen. George Me Govern of South Dakota, another likely Democratic presidential hope- ful, called the U.S. air raids al- most beyond belief. Mansfield said the attacks on North Vietnamese targets mean a resurgence of activity that could delay settlement of the war. Republican Sen. Mark 0. Hat- field of Oregon said he Is con- cerned that the bombing "could jeopardize chances for success- ful negotiations." "This is a type of renewed in- Mansfield said In an interview. "No matter how you look at it, it means a resur- gence of activity, a renewed in- volvement, and possibly a delay in the settlement." Mansfield said he thinks the raids will retard, but not elimi- nate, prospects for a negotiated settlement of the conflict. He said there remain solid grounds for negotiation, and "these things take time." But he also said the U.S. ac- tion, in Vietnam, Laos and Cam- bodia, is evidence that despite U.S. troop withdrawals "we are still Involved In a very signifi- cant way in all of In do China "The bomhing has been stepped up in Laos on the trail, continued in Cambodia, and now resumed in Mans- field said. McGovern Issued a statement criticizing the raids, and saying no good will come at them. "Considering the tragic and costly failure of earlier years of such bombing attacks, U is sheer folly to believe that any- thing can be accomplished by renewing he said. 'Hostile' Trawler Sunk by U.S. Navy SAIGON (AP) American vessels sank a hostile trawler presumed to be North Viet- namese in a gun battle on the high seas as the trawler at- tempted to infiltrate South Viet- nam, the Navy announced Sun- day. It was the first such incident since February 1968, the Navy said. U.S. Navy search planes and South Vietnamese Navy boats WEATHER U. S. DEPARTMENT Of COMMCRC! National WMItitr (WealMr Mtp Pg. 5-A) ABILENE AND VICINITY radius) parUy cloudy and mucri coklw Sunday afternoon. Sunday night and Monday. Cold with tamp0caturefl dropping rnfo the Sunday tvcnlng and dropping to 25 by Monday morning. High Sunday will be 75. low Sunday night 25, nigh Monday SO. Winds will Kuttierly Sunday morning iWfting to norttwrly IS to 20 tnpn Sunday evening. TEMPERATURES lalurday a.m. Saturday p.m. il n 51 73 74 75 72 W M 64 a W Hlah end low for M-houre eodlna 10 p.m.: 74 and 50. High and low same date last year: and 37. Survsel 1 851 nlghl: tunrlsa today: sunset tonight Barometer reaoTng at 10 p.m.: I8.M. Humidity at 10 p.m. 6! per cent. 51 S3 S3 55 59 70 are searching for survivors of the trawler in the South China Sea about 75 miles south of Sai- gon. "There was no Indication what the trawler had aboard, but obviously It was trying to bring in some war a Navy spokesman said. He said the U.S. Navy mine- sweeper Endurance suffered su- perficial damaga in an ex- change of gunfire. There were no casualties aboard the Endur- ance or the twd U.S. Coast Guard cutters that took part in the battle, the Rush and the Sherman. The spokesman reported ths trawler sank less than six miles from South Vietnam's southeast- ern coastline in the Mekong River delta. "The minesweeper U.S. En- durance challenged the enemy trawler less than 12 miles from the coast of the Republic of Viet- nam shortly before midnight Saturday but received no ac- a Navy com- iiiunJtfUO said. "When the trawler attempted to evade, the minesweeper fired two warning shots across its bow using her 20mm cannon. The trawler and the Endurance then exchanged volleys of gun- fire and the trawler attempted to ram the minesweeper. How Well Do Juries Balance Scale of Justice? By JON STANDEFER Reporter-News Staff Writer Just last year, a jury here convicted a 21- year-old man for possession of marijuana, rejected his request for probation and sent him to the pen for 10 years. Shortly thereafter, another jury convicted another young man for the same offense, but he got a relatively light wrist-slap sentence of two years on probation. Just two years ago, a quartet of young men robbed a service station at gunpoint, temporarily abducting the station operator's wife in the process. Three got terms ot seven years probated; the other got eight years. But last month a 23 year- old held up a drive-in grocery, made off with ?40, was arrested, convicted and given 25 years in the pen. The gap In sentences shows up, top, in murders: The terms for murder convictions here in just the past two years range from five years probation all the way up to life in Ihe penitentiary. THE QUESTION HERE Is twofold; (1) do these sentences, and hundreds of others like torn, accurately reflect Uw imrity ot One youth gets a probat- ed term on a drug charge, while another gets It years in the pen. Do the sen- fences reflect a difference in or a difference in juries? In a series start- ing today and continuing Monday and Tuesday af- ternoon, staff writer Jon Siandefer examines the problem of disparity and proposed measures to counteract it. STANDEFER crime and the nature of the Individual Involved, or is there an uneven application of the law; and (2) if there Is a disparity In sentencing, what are the causes for and what are possible cures? The best answer to the first and it Is only an educated guess Is that there are, in fact, uneven sentences meted out; that, even taking into consideration the differences in etch ewe, many times the sentence U o< ftlrmM, both in lerms of the individual himself and relative to the other, similar cases. At the same time, however, most judges and lawyers retain enormous faith in the Jury system, and many oppose, with varying degrees of reaction, any tampering with It. "There's been in the past few years an attack on the whole jury says Abilene attorney Chuck Erwin, "and while it's not perfect, it's the least fallible system we can have." DISPARITY WEARS two faces: that of the law, and that of the punishing authority, whether judge or jury. It is the law in this state that sets a minimum prison term of robbery by assault not necessarily while using a weapon of five years, and at the same time scls the minimum sentence for murder at two years. And It Is the law that sets a maximum term of five years for murder without rnallce, 10 years for theft of a horse, and life for first-offense possession of marijuana. On the other hand, It la also, disparity of when one jury decides one nun is of murder without for killing his wife, and sets a sentence of five years, while another jury decides that another man is guilty ot murder with malice in the slaying of his lover, and gives him 40 years. Whether the disparity is justified is, of course, the real question pertaining to jury sentencing. "It boils down to a matter of says attorney Bill Thomas, a former district attorney here. "And choosing the jury is often the most important part of a trial. People's backgrounds are all different, and their religion, where they live a lot of things go into it, and that's why every jury is different." Besides the possibility of being "out- Thomas sees other factors weighing on the the defendant looks (and how his lawyer the personalities of (he prosecuting and defense attorneys, and even Ihe nature of the case: "I MUST HAVE prosecuted hundreds of bootlegging cases while I wns he says, "and there were guys getting as much as four years in the pen plus a fine of that's because there'i bias against drinking around "And another Thomas says, "many times a man doesnt get burned for what he did, but for something else, or for his associations or for lying. A jury will feel sorry for you, but they'll hang you for lying that's about the worst thing you can do around our part of the country, and if a Jury thinks you've lied to 'em, they'll find you guilty even If they don't think you did it." Davis Scarborough makes a point with the case of Candy Barr, famed stripper who was sent to the pen on a marijuana charge. SCARBOROUGH, current patriarch of a noted Abilene legal family, says "Candy Bart wasn't sent to the pen for 15 years because she had one marijuana cigarette stuck in her bra; she was sent there for shooting her husband through a door a charge for which a previous grand Jury had not seen fit to indict her." IMth District Judge Nell Daniel agrees that "the relative strength and veaknesaes of the defendant and trial counsel" have a lot to do with a verdict, "They all depend on Uw personalities to ALL, Pg. t-A
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