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Ardmore Daily Ardmoreite (Newspaper) - March 12, 1971, Ardmore, Oklahoma Okla, City, Okla,,. 75105 ' ' .'• > 'Î . ' • ' . ■• ‘ ' . • ■ • Vietnam Cover up Charges Hurled by Colonel GEN. JOHN BARNES FT. McPherson, Ga. (ap) — A four-times wounded Army lieutenant colonel says he plans to file charges today against two fellow officers whom he accuses of failing to investigate and report the alleged torture • and murder of Vietnamese civilians. Lt; Col. Anthony B. Herbert said Thursday he would bring federal court charges against Maj. Gen. John Barnes and Col. J. Ross Franklin, foriner commander and deputy commander of the 173rd Airbone Brigade. Hebert said he was afraid the Army would allow time under the statute of limitations to expire without acting on his accusations. . In Washington, the Army issued a statement saying, “The allegations of Herbert are still the subject of an active investigation by the U.S. Army Criminal Investigations Detachment;” “Of the total of 19 criminal allegations made by Lt. Col. Herbert,” a Pentagon spokesman said, “two had been the subject of previously completed CID investigations, five more have been investigated and determined to be imfounded, while the' balance are still being actively investigated.” Barnes is presently assigned to thè Pentagon and Franklin is assigned to Vietnam. They made no immediate comment on Herbert’s accusations. Herbert said in an interview he witnessed the killing of a Vietnamese woman whose throat was cut by a military intelligence unit made up of Vietnamese but headed by an •American lieutenant. He said^that shortly after turning a group of prisoners over to the unit, he was told four of them had been killed. He witnessed the throat cutting when he went to order the killing stopped, he said. He demanded the prisoners be returned to his charge, Herbert said, but later learned from a sergeant he placed in charge of their safe removal that the intelligence unit took the prisoners by force and killed them all. Another time, Herbert said, he “tore the wires” off. a young Vietnamese woman who was being tortured with electrical shocks from the generator of a field telephone. Franklin told him that “if you ever interfere again, you’ll not be permitted to go” where prisoners were being interrogated, Herbert said. The officer said he knew of a noncom who served with intelligence, identified only as a S^. Stemme, who was disr ciplined and reduced in rank because of his efforts to prevent the torture of prisoners and attempts to have atrocities investigated. Herbert, a tall, crew-cut combat veteran of 22 years Army service, said in the interview that while commander of the brigade’s 2nd Battalion for 58 days during 1969 he reported incidents of murder- and torture of civilians to Franklin and, through him, to Barnes. “My charges are of misprision of a felony, because of their improper investigation and failure to follow through, and dereliction of duty and violations of directives and regulations, in that they were required to make these reports known to higher headquarters and they failed to do so,” he said. He said the legal deadline-for bringing charges against the two senior officers is April 4, two years after his last attempt See COVERUP, Page 2 COLONEL HERBERTBally ★ FINAL ★ HOME EDITION j: 'Southern Oklahoma's Greatest Newspaper" 77th Year No. 117 , Ardmore, Oklahoma, Friday, March 12, 1971 PRICE iOcChief Justice Proposes U. S. Courts Center WILLIAMSBURG, Va. (AP) — Chief Justice Warren E. Burger proposed today a national center to help state courts avert a crisis of congestion. In a speech to a national judiciary conference Burger said the courts are “suffering from a severe case of deferred maintenance.” He said Americans may lose patience virith a system hardly changed.since the 18th century, particularly when they wait up to four years to have a civil suit tried “while they witness a flagrant definance of law by a growing numbei- of law-breakers.” “The noblest legal principles will be sterile and meaningless if they cannot be made to work,” the chief justice said. His proposed national center would help the states pool ideas about reforming their courts. He suggested close cooperation with the American Bair Association and otiier bar groups. A similar center already is in operation to assist the federal courts. Meanwhile, largely at the urging of Burger, federal and state judges in 32 states have set up informal councils to develop cooperation between their two systems. President Nixon, in a speech to the conference Thursday, caUed for a “genuine reform” of the American judicial system and endorsed the idea of a national center for state courts as well as more money to finance the reforms. “Throughout a tumultuous generation,” Nixon said, “our system of justice has helped America improve herself; there is an urgent need now for America to help the courts improve our system of justice.” As evidence of an “impending crisis in the courts,” Burger said most criminals are not arrested or tried, those who are caught and charged are not tried quickly and those who are convicted are not punished promptly because of delays in the appeals process. In the civil area, he said people who cannot afford the high cost of litigation but are too well off to qualify for legal aid “are forced to stand by in frustration and often in want, while they watch the passage of time eat up the value of their See COURTS, Page 2 More Spring Weather Due By The Associated Press More spring-like weather was in store for Oklahoma today, and the good weather will continue through Saturday. A weak disturbance in northeast Texas as likely to ¿et off scattered thunderstorms in extreme southeast Oklahoma during the day. And a weak low pressure trough in western Oklahoma and the Texas Panhandle will keep temperatures warm through Saturday. Temperatures during the night remained above freezing in all sections, with the lows ranging from 37 at Ardmore to 48 at Ft. Sill. Highs Thursday were in the upper 60s to the' mid 70s. High temperatures today will range from 65 to 75, and the lows tonight will be mostly in the 40s. Highs Sa-turday again will be between 65 and 75. LAOTIAN THRUST . . . Black arrows locate route of South Vietnamese troops who have leapfrogged westvi^ard into Laos in an attempt to cut the Ho Chi Miiili trail and take the junction tovi^n of Sepone. From Sepone the thrust moves southeasterly. (AP Wirephoto) TRAP FEARED Saigon Troops Leave Sepone SAIGON (AP) - Soutii Vietnamese troops in Laos pulled out of their positions closest to Sepone today and moved , southeast toward the Vietnamese border, headquarters officers reported. The officers said a regiment of infant^men abandoned Fire Base Sofia, 2% miles southeast of the key communications point 25 miles inside Laos, to avoid being trapped by North Vietnamese forces. Morgan Residents May Vote Voters in the four Morgan precincts are reminded that those of them who reside within the city limits will be eligible to vote in the March 16 city election next Tuesday. All other Ardmore registered voters will be eligible to vote in the election for two city commissioners. Seeking the Ward 4 commission post are incumbent Jim Ozment and Lieutenant McKer-son. In the Ward 1 race will be A1 Sadler and incumbent Weldon Harris. In Wilson, registered voters in Wards 3 and 4 will be eligible to vpte Tuesday. All other candidates in Wilson were unopposed. Candidates elected without opposition include Charles R. Met-try, mayor; Maggie L. Clark, city treasurer; Christine Boyer, city clerk; R. C. Lindsay, chief of police; N. A. Spears, street commissioner; Billy J. Ward, councilman Ward 1; Jim Patrick, councilman Ward 2. Ward 3 candidates are Tim R. Graham and Curtis L. Shores. Seeking the Ward 4 council post are Homer J. Leslie and Rodney Fitz. Sofia was the closest fixed base to Sepone set up by the South Vietnamese after they advanced to the devastated junction town on Route 9 last Saturday. No further advance westward has been reported; the Saigon troops have been sweeping for enemy forces and supply caches in the area and to the southeast along a front of about 25 miles. Associated Press correspondent George Esper, reporting from South Vietnamese northern headquarters at Ham Nghi, said staff officers told him s»me of the Saigon troops moved six miles southeast of Sofia. This would put them 8Vi: miles from Sepone. Esper said other troops moved eastward toward the Vietnamese border near the fire base called Lolo. Sepone was a main transshipment point on the Ho Chi Minh trail network through southeast Laos, and at the start of the South Vietnamese drive Feb. 8 it was reported to be the first major target of the drive. But the South Vietnamese said this week that they had not occupied Sepone because it was in a valley ^d therefore vulnerable to attack. Instead they sent reconnaissance units in and out of the deserted ruins. See SAIGON, Page 21    WEATHER Temperatoure 1971    1970 High yesterday ...... 77    43 Low last night...... 43    31 10:45 a.m........... 62    38 2    p.m.- reading...... 75    41 Rainfall ............................T (Data recorded at fire station) FORECAST LOCAL — Fair to partly cloudy and continued warm, today through Saturday. Southeasterly wind 8 to 18 miles per hour today and a high in the mid 70s. Low tonight near 50. High Saturday around 80.New Mideast Proposal Due By The Associated Press U.N. mediator Gunnar V. Jarring is formulating new proposals to get the stalled Arab-Israeli peace talks moving, Cairo’s semiofficial newspaper A1 Ahram said today. In a report from the United Nations, it cited informed sources as saying Jarring “has no specific plans on how to carry out these proposals, but he wants to have them ready, although he does not plan to use them at present." A1 Ahram gave no huit of what these proposals are. Jarring, in an effort to spur the talks, proposed last month that Egypt commit itself to enter mto a peace agreement with Israel and Israel agree to withdraw from all occupied Egyptian territory. Israel has refused to commit itself to a complete withdrawal, citing specifically its desire to retain Sharm cl Sheikh, at the southern tip of the Sinai Desert. Sharm controls the Strait of Ti-ran, Israel’s shipping link to Africa and the East. United Nations diplomats expressed hope that Israeli Foreign Minister Abba Eban, due in New York Monday, will clar-See MIDEAST, Page 2 TAKEOVER THREATENED Premier of Turkey Forced Out by Leaders of MilitaryPartial Alert Is in Effect For Soldiers ANKARA, Turkey (AP) — Premier Suleiman Demirel resigned today after the armed forces threatened a takeover. Turkey’s four top commanders had demanded a new government “strong and respected enough” to halt “anarchy” and carry out basic econimoc and social reforms. The ultimatum was delivered this afternoon in a memorandum to President Cevdet Su-nay, to the speaker of the Assembly and the chairman of the Senate. Deinirel, who has governed since 1965, met immediately with his Cabinet in emergency session. After more than three hours, the government spokesman emerged and read a brief statement saying the government had stepped down. A military source said army units in Ankara were on a “partial alert” and most leaves had been canceled. But there were no troop movements in this capital. The threat was contained in a memorandum submitted to President Cevdet Sunday, himself a former commander of the armed forces; the speaker of the Assembly, and the chairman of the Senate: The memorandum was signed by the chief of the general staff and the commanders of the army, navy and air force. It was broadcast by the state radio ''iortly after lunch. The military chiefs took a hand after several months of student disorders and urban violence in this NATO country. Leftist extremists last week kidnaped four U.S. airmen and held them for five days. They were not harmed. The military leaders have been dissatisfied for some time See PREMIER, Page 2 Champion Reinstated In Practice of Law An Ardmore lawyer who was suspended from practice in 1968 has been reinstated as a practicing attorney, Oklahoma Supreme Court records showed today. Joe Ben Champion Jr., suspended in 1968 for failure to pay his bar dues, also drew criticism for sitting silentiy through the murder trials of two clients. He contended he was too ill to represent them properly. The high court’s Records showed that Champi|jn was given back his license upon payment of $1,035, Which the Oklahoma Bar Association claimed it had paid ift a “disciplinary” proceeding. Champion’s clients, E. K. Bearden and Ernest Crumb, were convicted of first degree manslaughter in 1967. Crumb drew a 25-year sentence for the New Year’s Day 1967 knifing of Tommy Gen6 Carlton. Crumb’s sentence was later reduced to 15 years by the state Court of Ci-iminal Appeals, and a federal court eventually overturned the local court decision and ordered a new trial. In January of this year, Crumb was again convicted of first degree manslaughter, but the jury recommended a four year suspended sentence. He was formally sentenced earlier this week after a presentence investigation by a state parole, officer. Bearden was cqnvicted in the Christmas Eve 1566 shoot-, ing death of James Wagner. He was sentenced to 15 years. An appellate court upheld the conviction, but a federal court ordered a new trial. He has not been ti'ied a second time. Even while upholduig the convictions, the a p p e 11 a t e court said Champion “did not sufficientiy discharge his professional responsibility” to his clients. ' After the Supreme Court suspended Champion in 1968 for not paying his dues, the Oklahoma Bar Association charged him with failing to discharge his responsibilities to his clients.BY SENATORS Social Security Hike Is Approved WASHINGTON (AP) - The Senate voted 82-0 today for a $5 billion, lO-to-56 per cent increase in benefits for 26 million Social Security recipients. The provision, offered by Chairman Russel B. Long, D-'L.a., of the Finance Committee, was tacked onto a bill raising the national debt limit $35 billion to a record $430 billion. Later the Senate passed the bill, combining the Social Security and debt limit increases. Sponsors said they hoped an agreement could be worked out quickly with the House so that the combined bill could be sent to President Nixon early next week. Under the Long amendment, all persons receiving retirement, family survivor and disability payments would get at least a 10 per cent boost retroactive to Jan. 1 this year. The minimum levels, $64 for an individual and $96 for a couple, Would be raised to $100 and $150 respectively. Social Security taxes would be increased to finance the higher benefits. There would be ar increase next year from $7,800 to $9,000 See SENATE, Page 2WITH CANADA Alaska Pipeline Talks Due Soon OTTAWA (AP) — Canada and the United States are to have formal talks soon on a proposal by U.S. oilmen to move oil across Alaska by pipeline from the North Slope and thence by tanker to Belling-' ham. Wash. The Canadians will back a counterproposal: to move the North Slope oil through a pipeline down the Mackenzie River Valley in Canada’s Northwest Territories. The northern development minister, Jean Chretien, says it would be pMsible to establish such a pipeline corridor without hurting the interests of Indians or Eskimos. It is taken for granted here that the major part of the estimated $1.5 billion required for the Mackenzie pipeline would come from the United States. This raises the touchy problem on American ownership and control in this country. There also is the environmental issue. The Canadian government has expressed strong views about oil spills at sea but not upon the land or into rivers. Foreign Secretary Mitchell Sharp has said sea shipments pose “great risks and dangers” to the coast of British Columbia. He has been supported by an all-party group of 18 members of Parliament who have told the U.S. Interior Department that procession of tankers from Valdez, Alaska, to Washington State would sooner or later result in an oil spill disaster. / A source close to the Cabinet said this week that at the moment Ottawa’s basic policy is to try to kill off the tanker route so that the United States will have to consider the Mackenzie Valley route. Up to now, the opposition Conservatives have not taken a clearly detined position on the pipeline issue, partly on the ground that government policy is not clear. The minority New Democratic party has indicated it will fight s U.S.-controlled pipeline. Works Minister Arthur Laing said . several federal departments are studying thoroughly the possible envu-onmental threat of pipelines running through Canada. For this and other reasons a decision does not appear imminent. Any pipeline application by an American company or consortium of companies would mean hearings by the National Energy Board.SALT Talks Outlook Dim WASHINGTON (AP) - With prospects considered poor for a settlement anytime soon, American envoys set out today for Vienna and round four of the Soviet-U.S. Strategic Arrrs Limitation Talks. Chief U.S. disarmament negotiator Gerard Smith received his final instructions from President Nixon Thursday and left the White House meeting prepared to reject a Soviet proposed limitation on defensive missiles without a simultaneous restriction on offensive weapons system. • The Soviet, on the other hand, have made clear they will hot accept a U.S. plan for an offensive-defensive weapons curb unless it includes nucleararmed American planes assigned to West Europe. Further dimming the outlook for an accord during the two-month Vienna meeting, which starts Monday, is recent U.S. intelligence indicating the Soviets are building a new intercontinental ballistic missile. This followmg earlier information the Soviets had slowed deployment of their big SS9 missiles—a development some U.S. disarmament proponents read as a sign of Kremlin interest in an arms curb deal. Nixon, meanwhile, is asking Congress for more money for long-range U.S. atomic weaponry and more ABMs—though with the proviso any project ruled out by a SALT agreement would be dropped. The President told his last news conference the two great powers will reach an agreement because it is in their mu-i    See SALT, Page 2 ;