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Abilene Reporter News (Newspaper) - November 22, 1970, Abilene, Texas Howard P. 551 I McMurry 131 Permian 22 W. Falls 19| Arkansas 2411 Tex. Tech 10|1 {ice 175 KU 15E MU 23 taylor ti) I    Nebraska 28 II    Oklahoma 21 Ark. State 27 Southern III 3 I Ohio State 20 I Michigan 9 Notre Dame 3 LSU 0 Colorado 41 Air Force 19 Okla. State 36 Iowa Stale 27 Eft Allene Reporter "WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT GOES"—Byron\mmul BOTH YEAR, NO. 162 PHONE 6734271ABILENE, TEXAS, 79604, SUNDAY MORNING, NOVEMBER 22, 1970—EIGHTY-FOUR PAGES IN SEVEN SECTIONS tOc DAILY—25c SUNDAY Associated Pr%$$ (JP) U.S. Bombs N. Vietnam ID    D    T    ll Paris Peace Talks WASHINGTON (AP) -Scores of U.S. warplanes raided North Vietnamese missile and antiaircraft sites in the heaviest American bombing in the North In seven months, the Pentagon said Saturday. Defense Department officials acknowledged that U.S. pilots would take advantage of two days of raids that started Friday 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 retaliation 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 postbombing reports—possibly unavailable until Monday—before making further statements. Air Force and carrier-based Navy planes, apparently striking 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 acknowledged that the latest raid opened up the opportunity for destroying some military supply Look and listen at new center Abiienian Becky Canada was one of a large crowd of West Texans who Saturday afternoon turned out for a look and a listen at the new Abilene Civic Center during a formal opening ceremony followed by an open house. The group Becky Is hearing, fhe 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 armed Ohio prison parolee was trapped and shot to death by authorities Saturday, ending a three- state chase during which he took five hostages and left two policemen handcuffed to a church sink. Police said James Edward Kelley, 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 daughter Donna, 16, hostage. Three other hostages were released earlier, unharmed. When Kelley saw that he had been spotted, police said, he drove the car off the road and tried to flee on foot, using Mrs. Ayers as a shield against police. Officers said Donna managed to escape as Kelley ran into a wooded area nearby, but was wounded in the hand during an exchange of gunfire between the ex-convict and police. Kelley, armed with at least three guns he had taken from the Ohio policemen, fired several shots, police said, hitting a state 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 warden, managed to fire and hit the parolee in the head, killing him. Doctors said Mrs. Ayers was unharmed except for scrapes and bruises. Donna was hospitalized for treatment of the hand wound. The chase began Thursday In TODAY'S NEWS INDEX Abilene will be the center of two High School footboll ploy-off* this weekend. Storting Friday night. Iowa Park, the No. I Clos* AA teem in the state, toke* on Clifton at 7:30 p.m. In regional action. Than Saturday Odessa Permian brings Its District 5-AAAA champions to Shotwell Stadium for a regional bottle with undefeated Arlington. Permian is froth off a 22-19 upset of No. I ranked Wichita Foils. For other playoff contests see Page 2-D. Abilene Events.......... 12C Amusements..........10-13C Astrology ................ 5B Austin Notebook.........12A Berry's World.............8B Books ................. I    SC Bridge.................IOC Business Week ........... 4B Classified  ......7-12D Crossword Rustle..........6B Editorials ................ 2F Farm Nows ..............9B Hospital Patients..........6A M ' Jumble Puttie............SB Markets .............10-1    IB Moors Satire ............ BB Obituerioe ............... 4A Oil Page............... ISA Record Review...........IIC Sports.............. 1-6,12D Texes?! ................. IF This Work in Wast Texas .... BB To Your Goad Health BB TV Tab............Section    E Women's News..........I-OC a Cleveland suburb. Police Sgt. Ronald Baracz, 34, said he noticed a tag violation on Kelley’s car and started to radio headquarters. 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 patrol car. When Kelley’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 restaurant in nearby Minerva and took him to the sink. Kelley was released last month from the Chillicothe Correctional Institute after serving part of a 7 to 35-year sentence for breaking and entering, carrying a concealed weapon and shooting to wound. “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 carrying out the ‘protective reaction’ strike.” In a radio broadcast from Hanoi, the North Vietnamese government called the attacks “an extremely serious act of war.” And in Paris the Communist negotiators 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 strikes,” the defense chief said they were limited to the area See BOMBS, Pg. 2-A PARIS (AP) — North Vietnamese held open Saturday the possibility of at least a temporary boycott (rf the Paris peace talks because of new U.S. air raids on North Vietnam. And a North Vietnamese spokesman made It clear that antiaircraft 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 B. Laird said were to hit North Vietnamese batteries “in response to attacks on our unarmed reconnaissance aircraft” . Newsmen attempted several times to extract from the delegation spokesman, Nguyen Thanh Le, a clear 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 action 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 saying the bombings “gravely affect the Paris conference on Vietnam.” This was echoed a half dozen times during the news conference. MANSFIELD, MUSKIE, MCGOVERN Senators Criticize Raids WASHINGTON (AP) - Sen-ate Democratic Leader Mike Mansfield and two likely Senate contenders for the 1972 Democratic presidential nomination criticized Saturday U.S. bombings raids on North Vietnam Sen. Edmund S. Muskie of Maine, one possible contender, said the raids “can only dim prospects for peace in Indochina” and their net effect “is likely to be more fighting and killing, not less.” He said they implied “renewed reliance on military pressure” to force a peace settlement. Sen. George McGovern of South Dakota, another likely Democratic presidential hopeful, called the U.S. air raids almost 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. Hatfield of Oregon said he is concerned that the bombing “could jeopardize chances for successful negotiations.” “This is a type of renewed involvement,” Mansfield said in an Interview. “No matter how you look at it, it means a resurgence of activity, a renewed involvement, and possibly a delay in the settlement.” Mansfield said he thinks the raids will retard, but not eliminate, 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. action, in Vietnam, Laos and Cambodia, is evidence that despite U.S. troop withdrawals “we are still involved In a very significant way in all of Indo China • • • “The bombing has been stepped up in Laos on the trail, continued In Cambodia, and now resumed in Vietnam,” Mansfield said. McGovern issued a statement criticizing the raids, and saying no good will come of them. “Considering the tragic and costly failure of earlier years of such bombing attacks, it Is sheer folly to believe that anything can be accomplished by renewing them,” he said. 'Hostile' Trawler Sunk by U.S. Navy SAIGON (AP) - American vessels sank a hostile trawler presumed to be North Vietnamese in a gun baittle on the high seas as the trawler attempted to infiltrate South Vietnam, the Navy announced Sunday. 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 COMMERCE National weather Service (Weather Map Pg. 5-A) ABILENE AND VICINITY (AMnlle radius) — Partly cloudy and much colder Sunday afternoon, Sunday night end Monday. Cold wave, with tempereturee dropping into the 30'» Sunday evening and dropping to 25 by Monday morning. High Sunday will be 75, low sunday night 25, high Monday SO. Wind* will be southerly Sunday morning shifting to northerly 15 to 20 mph Sunday evening. TEMPERATURES Saturday a.m.    Saturday    p.m. 1:00 ...... 2:00 ...... 3:00 ...... 4:00    ..... 5:00 ....... 6:00 ...... 7:00 ...... 8:00 ...... V OO ...... 10:00 ...... 11:00   — 12:00   — for 24-hours ending IO 72 . 73 . 76 75 72 . 6* . 65 . 64 . 62 . 60 51 51 ............. 53    ............ 52 ............. 51 ............ 53 ............. 53 ............. 55 ............. 59 ............ 62   . 65 ............. 70    .......... High and low p.m.: 76 and 50. High and low lame date last year: 68 and 37. Sunset last night: 5:35; aunrlae today; 7:14; sunset tonight 5:35. Barometer reading at IO p.m.: 28.03. Humidity at IO p.m. 62 per cent. are searching for survivors of the trawler in the South Chint Sea about 75 miles south of Saigon. “There was no Indication what the trawler had aboard, but obviously It was trying to bring In some war supplies,” a Navy spokesman said. He said the U.S. Navy minesweeper Endurance suffered superficial damage in an exchange of gunfire. There were no casualties aboard the Endurance or the two U.S. Coast Guard cutters that took part In the battle, the Rush and the Sherman. The spokesman reported the trawler sank less than six miles from South Vietnam’s southeastern coastline in the Mekong River delta. “The minesweeper U.S. Endurance challenged the enemy trawler less than 12 miles from the coast of the Republic of Vietnam shortly before midnight Saturday hut received no acknowledgement,” a Navy communique 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 gunfire 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 IO 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 of 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, too, 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 the penitentiary. THE QUESTION HERE is twofold; (I) do these sentences, and hundreds of others like them, accurately reflect the leverity of the One youth gets a probated term on a drug charge, while another gets IO years in the pen. Do the sentences reflect a difference in crimes—or a difference in juries? In a series starting today and continuing Monday and Tuesday afternoon, staff writer Jon Standefer 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 it—and what are possible cures? The best answer to the first question— 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 each case, many times the sentence is of questionable fairness, both In terms 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 system,” 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 ju^. 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 sets the minimum sentence for murder at two years. And it is the law that sets a maximum term of five years for murder without malice, IO years for theft of a horse, and life for first-offense possession of marijuana. On the other hand, it is also disparity of sorts when one jury decides one man is guilty of murder without malice for killing his wife, and sets a sentence of five years, while another jury decides that another man is guilty of 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 personalities,” 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-juried,” Thomas sees other factors weighing on the jury: how the defendant looks (and how his lawyer looks), the personalities of the prosecuting and defense attorneys, and even the nature of the case: “I MUST HAVE prosecuted hundreds of bootlegging cases while I was D.A.,” he says, “and there were guys getting as much as four years in the pen plus a fine of $4,000 — that’s because there’s a bias against drinking around here.” “And another thing,” Thomas says, “many times a man doesn’t 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 Barr 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.” 104th District Judge Neil Daniel agrees that “the relative strength and weaknesses of the defendant and trial counsel” have a lot to do with a verdict. “They all depend on the personalities See ALL, Pg. 2-A ;