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Abilene Reporter-News, The (Newspaper) - February 28, 1974, Abilene, Texas Abilene Reporter "WITHOUT OR WITH OFFENSE TO FRIENDS OR. FOES WE SKETCH YOUR WORLD EXACTLY AS IT Byron 03RD YEAR, NO. 261 PHONE 673-4271 ABILENE, TEXAS, 79004; THURSDAY EVKNING, FEBRUARY 2U, 1974.--36 PAGES IN THREE SECTIONS Associated Preai (If) Accused Has Different Angle to View System DACV Ily JOE.DACY II Tteporler-Ncws Slnft Wrilcr Judges and lawyers may argue ihe theoretical advantages and disadvantages nf llie court-appointed attorney system, hul'lhe indigent defendant sees the sys- lehi from .a different viewpoint. Their objections came in different as- pects of Ihc system, but three such clients said the system could be more effective. It's a nerve-wrack- ing said I Jerry Ponder, 34, [was acquitted of a sec- I ond-lime 11173 burglary charge. Ponder, who bus had both a court-appointed 'attorney and- a hired lawyer for different eas- es, said more than five months in the Taylor County jail on the second charge two before he ever had a lawyer. "IK I'D have been able lo gel out and help there wouldn't have been as much Ponder said. "You have lo prove you arc innocent." Having lo stay in jail for thai five- month period was (he single most detri- mental factor in his case, Ponder said. An indigent, sitting in jail for months, is "under constant. pressure to accept a plea (lo plead guilty for a lesser sen- Podner said.' He said the more time ho spent in jail, the more frightened he was and the more prone he became to accept the "advice" offered by the other inmates. EVEN WHEN he finally got his courl- appointed attorney, Ponder said he was "awfully templed" at times to "cop a plea." Ponder said he thought plea bargaining gels in the way of justice. In addition, he said he could gel no accurate information on his case. "After I was arrested, they jusl left me lie said. "When I came out of jail afler'fivc months I was pale as a ghost. My appearance'was against me." Although he said he sees many things wrong with Ihe syslgem, Ponder said, he 'was satisfied with his own court-appoint- ed lawyer, and, because of a prior expc: rience, holds no special love for the hired ones. "I PAID SMOO one lime for a defense, and il wasn't much of one at he said of Ihe other case. "He (the lawyer) didn't ask 15 questions." The hired lawyer "asked me if I wanted to plead. A lot of limes a por- .son is practically forced, Ponder said. This suspicion thai one's case Is just another slot on Ihe docket to be "re- solved" in Ihe casiesl way possible is echoed in llie. slalcmciils o( anolher defcndant, who declined to he identi- fied. She said she had (he feeling that her trial was perfunctory, thai the prosecu- tor, and her court-appointed lawyer had engineered, the result of her trial into "an even-sicvcn swap." "A LOT OF Ihings were Kept she said. "II was a you-scralch-my- hack-I'll-scratch-yours Ihing." The woman was found guilty in this particular case, but perhaps because the jury was not told of her prior crim- inal record, she received probation. This particular defendant also of- fered a comparison -between court-ap- pointed allorneys before and after the I960 change in Ihe maximum fee re- quirement. The woman had a courl-ap- poinlcd attorney during both periods. mostly just made small talk ami looked she said of Ihe first attorney. "He was jusl there for appearance sake. He wasn't really hearing me." THAT LAWYKIl, she said, advised tier to plead guilly lo Ihe charge of carrying a prohibited weapon. She said .she did so, even though she thought she was innocent of the crime. Because she "copped a plea" she received a one-year probated sentence. Attorneys, Part 4. She stressed lhal her courl-appoinled attorney-advised her lo plead guilly against her wishes. She said she felt there was iio choice. The proceedings reminded her ol Ihe Orwellian horror ;slory, "1984." lie- cause of the nature of'her cases, how- ever, she said she spent no lime in jail. Briefly, she touched on one differ- ence between slate and personal attor- neys: "If I'd have hired him I would have kicked him oul if he hadn'l done what I'd say." A Ihird defendant, Edward Charles Mason, blown as somewhat of a 'jailhouse indicated lhat having a court-appointed attorney may work sublly, in a negative way, not necessarily on Ihe jury, but on Ihe judge and Ihe prosecutor. MASON SAID if he had a choice he would prefer lo -hire his own lawyer because he fell Ihis would "carry more weight" with the judge, prosecutor and, indirectly, (he jury. Mason, whose burglary convic- tion is on appeal, said he "can't say I don't want him (a courl-appoinled at- because Itial miglil prejudice Ihe judge and prosecutor to be harder on him. Alason, loo, said il would have helped if he had been free lo work on his own case and Iherefore' avoid the "talk among the inmales." Out on his own, Mason said lie could have shown the jury lhat he was work- ing to pay the lawyer so lhal Ihey might lessen his penalLy. Finally, Mason reiterated Ihe prob- lem of money, "SOSIK FEU.OWS (fellow inmales) feel a slate (court-appointed) lawyer will only go lo a certain limit (in de- fending them) because he gels Ihc same (amounl of money) win or Jlason said. The lawyers, he added, might in llie same effort, but there is still "a lot of difference." One of Ihc major complaints made by indigent clients sgainsl court-ap- pointed counsel, then, is in Ihe area of their competence. Defendants who are convicted and sentenced to lluntsville Prison-of ten file writs of habeas corpus on lhal ground. HARRY WALSH, director of legal services for inmales al Ihe Tesas Dc- parlment of Corrections in lluntsville, said 65 lo 70 per cenl -of Ihe inmales in Ihe prison had court-ap- pointed counsel. About 85 per cent of Ihe inmales are (here as a result of guilly pleas, he said, The primary purpose of Ihe 11-mem- ber legal services department, Walsh said, is to give legal assistance to in- mates who want lo pursue these writs. Walsh said he receives 200 requests for legal aid of all kinds per monlli, hall of which involve writs of habeas corpus. Walsh said thai 80 per cent of these, or 120 requests, involve lawyers' competence. 1VALSH SAID the requests usually come from a cross-section of the in- male populalion so that Ij5 lo 70 per cent of Ihe monthly requests, SO lo S5, would involve Ihc competence of court-appoinled counsel. Since these requests are screened, only a small fraction of lliem, 110 per yea'r, are actually filed wilh the courts. Seventy per cent of these receive some relief, Walsh said. Walsh said thai Ihe number ol these from Taylor County is not especially high. 'i'OMOHIlOlV: The piilic defender syslcni of justice for (lie Indigent anil suggestions for improvements in Ihe colirl-apjiDiiiied attorney program arc discussed in (he final story in this live- part series. Nixon Says Hell Veto Energy Bill SCALK BEING TIPPED FOR GOLD soaring international price felt here 'Seller's Market' Develops For 'Old Gold' in Abilene Heportcr-iN'cws Slaff Writer Thar's gold in them thai1 rings, cigarette cases and oth- er old jewelry. There's'really not all'lhal much, but Abilene "specula- tors" may gel a few dollars in return for Ihe gold .in high school and college rings. At least one Abilene [inn; Busch Jewelers at 250 Cy- press, has been actively seek- ing scrap.gold since August. ot gold has risen past 5175 per ounce in the last 18 months, creating what asst. manager Kayo Kemp called a "sellers market." "The companies are anxious to gel and refine he said. "We provide this as a service to our customers." an old r'ingi il'is weighed and he receives a check for the amoinU 'of gold in Ihe ring, Kemp said. Gold in ils smaller quanli- lies is measured by the penny- weight, Kemp said, 20 lo an ounce. Depending on its lypc, class ring may contain 10 lo 12 pennyweights of gold. Kemp said prices fluctuate almost daily bill Feb.. 19 Busch was paying ?l.34 per pennyweight on 10-carat gold, 51.88 per pennyweight on 14 caral gold and 52.41 per pen- nyweight oh'18 carat gold.. Kemp would not give cur- rent price of scrap gold be- cause of business considera- tions. A carat is a measure of how an; ounce of material. Twcnlyr four carat gold is pure gold. Twelve carat gold is half gold and half other material. The smaller the number, usually, llie harder the metal, 'Kemp said. KEMP SAID he does not buy the slones in the rings, which may be returned to the cus- tomer. The practice'is "not loo big Kemp said, "It's just gelling started." Fulwiler Jewelers al 1056 N. 2nd will alsg buy scrap gold, but "we don't advertise said owner Jack Fulwiler. The practice usually occurs when rings arc.bought in trade for a purchase, he siiirt. Because of refining charges, labor and (axes, Fulwiler said the class rings aren't exactly a gold mine. In addition to gold, the rings may contain lead, brass, silver, solder and other metal which the refiner- ies must lake out wilh heal and acids. WASHINGTON President Nixon said today he will velo the emergency ener- gy legislation which passed Congress Wednesday. siVid Ihe bill with' ils provision for .rolling back entile oil prices "will result in longer gas lines and would lead lo compulsory rationing. And lhal we're not, going to have." The action had been expect- ed and wax announced by Ihe President in a speech to a Young Republican group In Washington. The House sent Ihe bill lo llie While House Wednesday, hut the 25S-lo-l-ol margin of final passage was short, of Ihe- two-thirds majority needed lo overri.de a presidential veto. House Republican leaders predicted the expected vein would stand, although Sen. Henry SI. Jackson, D-Hrash., said he was confident- the -Sen- ale would vole lo override. A two-thirds majority in bolh houses is reriuired In overlui'i; a presidential veto. The hill's most controversial provision is an oil price roll- back. This would reduce ihe price of gasoline al llie pump by up lo four cents a gallon ami cut soaring propane prices in half, according to lisui'es produced by llie House Commerce Com- mittee...'.. Nixon said al his Mon- day night press conference lhal Ihe rollback would lend to additional fuel shortages "which would require, without Business Booms For County JPs Toylor County JPs say business is booming after the "new" lies worn off the 55 mph speed limit and people are getting stopped more than ever for speed- ing. Story on Pg. I B. Amusemenls 6B Bridge 12C Business Mirror 4C Business Notes.......... 2A Classified ___.........7-1 1C Comics 6C Edilorials 4A Horoscope............. 12C Hospital' Palienli 9A Obituaries.............. 1 1C Sporls................ 1-3C To Your Good Heatlh......4B TV Log.............____6B TV Seoul :......I 6B Women's News 2-38 qiicslipn; rationing all over the The bill.would give Nixon Ihe powjy..to. gasoline rationing, if a step he now says there, is belter than an even chance of avoiding. W c (I n e s d a y 's passage capped a day of parliamenta- ry .maneuvering in which the House reversed its Rules Com- mittee., and-voted down a par- liamentary rule that would .have left the measure open to procedural challenge by any member of the House. The House voted'instead to adopt a rule requiring roll call votes on some of the- bill's more controversial provisions, including the price rollback and rationing authority BULUNGTON ACC foolhall coach Bullingfon Files For School Post Wally Bullinglon, a t h 1 e I i c director and head football coach al Abilene 'Christian College, Thursday morning filed for elcc-, tiou to Place 4 on Ihe Abilene School Board. The post currently is held by Jlrs. William K. (Margaret) Ru- llcdge ;bf 'HIS Benbrook, who has filed for reelection. Harrison, a-professor at Hardin-Simmons. University, filed Wednesday for Ihe same, post. Deadline for filing "is- March 6. The election is-April 6. Thormahien Resigns Al Abilene High Moisture in the Air, But That's as Far as It Goes .runny THORMAHLKN going (o Coroiuitlo Jerry Thormahien, head foot- ball coach al Abilene High School since January. 1970, has resigned lo lake a job as line coach and teacher for Coronado High School in I.ubhock. The resignation is scheduled to be acted on at (he Abilene School Hoard meeting Thursday night, according lo Tliormahlcn. It will be effective March 29. By JOK DACV II .VcHS Slaff Writer There was a slrange Iliing in Ihe Abilene air Thursday morn- ing moisture and forecast- ers at the National Weather Service said thai although this sluff has been iiicreasins; there Consensus All-America: Everybody's By ELLIE RUCKER Q. Wfial is a "consensus alt-Ameri- Sporls people arc always wiling lhal a foolbnll or some other player Is a "consensus all-Anierican." What is il? A. A player who makes every all-Ameri- can lisl. NEA news service sclccls an all- American team, so do the wire services, AP and UPI. Magazines (Playboy, for example) choose an all-American list and athletic as- socialions publish their choices for all-Ain- crican. To be considered consensus all- American an athlete should make every lisl.' Q. Hey, (here. Tn your (nicsllon and answer 'about New '.York's Dr. Fluc- hlooni and his success In. helping a le- gally blind hoy to sec, I .think yon sold the 'optoiiielrlsls short. Von told a read- er (o sec an Optomc- (rlsls arc working In this area, (no, ilu- ing a lol of visual rchahllllalitni work, especially with those declared legally blind. A. Sorry', we goofed. No offense intended. We should have included optometrists.'Now we understand lhal oplomclrisls, in working wilh legally blind (20-200) students in Wind instiiHlions have heen successful ahoul 70 per cent of Ihe lime. Visual acuity was raised lo a level that allowed students lo perform adequately in a classroom, read textbook print, even newsprint. Sonic local oplomelrisls are using Dr. Fincbloom's techniques. Q. Who's In charge of lite bike-hike- ridc-rockalhon for Ihe menially retarded and hosv do I gel In (ouch with someone who can lell me about It? I need Infor- htnllon as soon as yon can get II. T lo slarl gelling Into shape If f partici- pate. To participate I need lo know what I'm gelling into. A." Talk to 1'eggy Allrocl. Give her a ring at 672-5871 if you want to sign up or find nut iviore. 'B-II-R-U is tentatively 'scheduled for April 27, she says.1 Special rqules are mapped oul ,for cacli event. You can bike tor 50 miles, hike 25 miles or ride your horse nO miles. Senior Citizens are inviled lo the rocking chair "rock" for as many hours as they can stand it. The idea is lo find a sponsor who'll pay you 10 cents a mite (ov n mile it you're a good wilh proceeds benefiting Abilene's retarded children. Sounds like (un. The TV Cable Service told me lo write Action Line. livery night between ft and I'm gelling some Vlmf of Interference on my television. It sounds like a Hani radio operator but I can'I get his call .tellers. All I know Is (hat "Yellow Jacket" usually calls "Prairie Ilog" anil I'm (Ircd of listening lo their, dialler. There's a Ham radio operator uilhin spilling distance of in; place. It's prnhahly him. A. NoT no. This sounds more like a couple of Cll "bandits." If they're not using call let- ters, they're' operating; illegally, probably using excessive power and may even be on an illegal frequency. Itcport Yellow Jacket lo the FCC, 1100 Commerce, Dallas. Include as much specific information as. you can. The FCC can locale the Citizen's Band ban- rtils, pul a slop lo their interference. Q. A long red rial-bed trailer, 20 reel long, has been parked in front of a house on N. 10th between Clciuliilc ;uid Weslwooil for al least a month. Il's a- hazard. Can'I police gel (his moved1 he- fore somebody crashes into it? H's impeding Hie outside lane of traffic. A. It should be oul of your way by Ihe lime you read this. Police looked it over, Ihe day you wrote, decided il was violating a cily ordinance (vehicles over one ton can't be parked on Ihc slrecH. The owner was issued a citation and asked lo find another parking spot for his large trailer. Address questions lo Action Line, M, Ahilciie, Texas Names will unl he used lint must he signed' ephone niinihrrs If pnssllilr. and addresses given, ['lease Include Id- Is nothing in tha weather pallern to trigger il into rain. Forecaster .Jack Schnabel said the dewpoinl, a. measurement of Ihe amounl of moisture in Ihe air, lias been rising steadily for Ihe last two days" from 2.i de- grees Tuesday, lo -ID Wednesday and 40 Thursday in the morn- ings. TUB KXI'llKSSEl) lempcra- 'lurc is the one al which Ihe moisture in the air 'will 'con- dense, Schuahel said. The higher lhal lemperalure the more mois- ture there is in-tlic air, and llm more likely Ihe' chance of rain. Unfortunately, Schnabel said there is nothing in (he weather lhat can trigger shower activity. jusl don't have any of he referring lo a cold front or an upper-level low pressure system. The air mass, he said, humid-as il is, is loo stable [or rain. Schnabel said Ihe southerly [low of moisture is only 7011 lo 800 feel thick. The moisture may not last long, however. The. wind, he said, is expected lo Irtow away the moisture ''lo some extent." I1Y -FHIDAY, .Schnabel said, "we will be more back into the westerly wind component and il will lie somewhat drier than Thursday morning." is really needed, Schna- bi'l said, is a coulinuous drive of this moislure all day long and 'something (o upset ihe balance of the Weather. "We are gelling move niois- tiire from Ihe southeast at night, but (luring Ihe day the pallern shifls back to Ihe east and we get back on Ihe dry side, of Ihe Schnabel explained. lie added, however, that Ihe moisture return is "a good sign, which may slow down Ihe evap- oration of what little moisture there is in Ihe soil." HUT NOTHING on Ihe er map suggests any hope ot rain, lie said. Meanwhile the effecl of continuing warming trend is ex- pecled lo send temperatures snaring into the lower 80s Thurs- day and Friday afternoon. Abi- lenians arc not expected lo swel- ter, however, because of 20 lo 30 mph winds. The conditions, Schnabel said, are expected lo last al leasl through Friday. WEATHER U.S. DEPARTMENT OF COMMERCE National Weothir (Weather Mop, Ptj. VA) ABILENE ANU VICINITY UO-mllf rodiutj Ftft, ord worm llirougri Friday. Id to 30 mph diminishing lnniqhl. today ond Friday 1n the lower SQs. Low lonlfihl tn Ihe mid iCs wirrtlrxji ore. In effect lor all area laVev Hiqh anrt lor 34 houis (nding t a.m.: tj ond il High and Icvi %ornt dale IMl vtkc. SI ond IS Sumel loir rvqM: tuarm S.Cli loniqM: ;