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Cedar Rapids Gazette (Newspaper) - June 19, 1974, Cedar Rapids, Iowa 2A    Chedar Rapids Gazette: Wed., June 19. 1914 Judge Considers Hall Request for New Trial Magistrate Court Council Directs Attorney To Defend City in Suit By Ford Clark IOWA CITY — The possibility that James Hall, convicted of the second degree minder of a U. of I coed, may receive a new trial now rests in the hands of District Judge Louis Schultz. Tuesday Judge Schultz heard 45 grounds for a new trial from Hall’s defense attorneys. Hall was convicted of the March 13, 1973, slaying of Sarah Ann Ottens. Her partially-clad body was discovered in a coeducational dormitory on the U. of I. campus. Defense Charges The majority of Tuesday's testimony was taken up with defense charges that grand jury proceedings had been improper, the jury was allowed to drink alcoholic beverages during deliberations and that evidence and testimony of witnesses was improperly introduced. Following defense arguments, special State Prosecutor Garry Woodward called the defense motions “mostly nitpicking.” He also used the word “garbage” in speaking of defence arguments for a new trial. Obviously angry, Defense Attorney William Tucker came to his feet and said. “When a man ... and attorney come in a legitimate effort, when a man's life hangs in the balance ... and the prosecutor says the defense is bringing up garbage and nitpicking, this exemplifies the behavior of the prosecutor in the handling of this case. Hard To Take Grand Jury To Hear statements made by the prose Two Marijuana Cases clition. “They were questions asked of I Tw0 Per“ns have aM>farcd m DECORAH The city council voted Tuesday night to auf ho-r i z e City Attorney Isadore Vleyer to defend the city in a witnesses. By Prosecutor “In any case, this line of questioning was conducted by the special prosecutor and not myself.” Woodward also complained of the “kind of treatment we are receiving from the defense” Hall remains in the Johnson county jail in lieu of $50,000 bond. Schultz has set a sentencing date for Hall on June 27. But he indicated Tuesday the sentencing date would be postponed if he had not reached a decision on the motion for a new trial. Ruling Supports Legislative Move DES MOINES (UPI) — The Iowa attorney general's office ruled Tuesday that the Iowa legislature has the power to forbid counties, cities and other local government units from passing obscenity laws or ordinances. The opinion, written by assist-tant Attorney General P’red Haskins, said the U.S. supreme court’s landmark decision regarding obscenity only states that contemporary community standards shall determine what form obscenity laws should take. He said the high court’s ruling does not forbid a state legislature from prohibiting obscenity laws to be passed by local government units. The ruling came in response to a request from Sen. Eugene Hill (D-Newton) who questioned whether the state could prohibit the enactment of obscenity laws by counties, cities or other local government units. Under the obscenity bill passed by the 1974 Iowa legislature. ments in Deeorah’s downtown parking situation. William Walker, Chamber executive director, spoke on behalf of the three Decorah civic organizations, urging the council to cooperate in efforts to 4    ,    ,.$100,000    suit    filed here Tuesday magistrates court on charge J of | by Ro8S K ,,eter3on of Min possession of controlled sub- neapolis. stance.    Peterson    is    seeking    damages;reduce parking congestion in Jon Enabnit, 1061 Juniper^ claims resulted from the Decorah’s business district. city’s refusal to rezone his 23 Mayor Iverson advocated a drive SW. was bound over to the acres of land in southwest De- giand jury Monday following a;oora|1 from agricultural to shop- preliminary hearing. He charged with possession marijuana on May 26. David Hollingsworth, 1275 Second avenue SE, a preliminary hearing Tuesday and was bound over to the grand jury. He is charged with possession of marijuana on May 27. IS; ping center classification. of The developer claims he was deprived of proper use of his property without dup process of law in Iowa constitutions. concerted effort on the part of the council and civic organizations to implement a practical solution of the problem. Okay Rezoning The council approved the re and without compensation, zonmg 0f 20 acres of land about violation of both I. S. and a mj|e {,as^ [)ecorah from ag_ Named Committee ag ricultural to industrial park classification Haugen - Hummel, Inc., Decorah, owner of In other action. Mayor Vert!,    .    . Iverson appointed a committee land; plan* commercial ami of four councilmen to meet rep- 'ndu;'i,r,al 'levelopmenls on the resentatives of the Chamber of ac'    .    , Commerce. Decorah Job s Inc..    "Htmnl    also    approved    a and the Decorah Betterment: proposed subdivision on ie corah s southern outskirts by Lyle Erickson, Cresco, and Earl and Arland Lyon, Decorah. Assn to work toward improve- Van Nostrand Speaks ^ $200,000 bond issue to fi- At Ground Breakinq nance remodeling of Decorah’s 9 city hall was approved with a Man Fined $100 on Amended Traffic Count Michael McAlerney, Hiawatha, pled guilty Tuesday in magistrate's court to an amend-! ed charge of reckless driving) and was fined $100 and costs. He was arrested for drunk INDEPENDENCE - Ground I provislon lha, any money re-driving on April 7.    breaking ceremonies for Steal-maining in the func| after the --gard, Inc., will begin at IO a m.|hai| is remodeled be invested. ^pnator Cotton June 29 in thp new industr,al    Cost Estimate J    park in northeast section of the city hall remodeling costs are Suffers Stroke Icity    estimated    at    about    $70,000 Maurice Van Nostrand, chair- A proposal that new highway WASHINGTON (AP)—Senator man 0f (he [0Wa commerce entrances be established from Cotton (R-N.H.) suffered a; commission, will be one of the highway 9 into the new Gibson slight stroke Tuesday, his office I p r i n c i p a I speakers at the store location in the Carlson ad-announced Wednesday.    ground breaking ceremony. Gub- j clition was tabled. New U.S. Envoy To Taiwan: End Confrontations TAIPEI (AP) U.S. Ambassador Leonard Unger Wednesday cited America’s interest in a settlement of "the subject of Taiwan" by the Nationalist and Communist Chinese governments and urged an end to “sterile and immobilized confrontations of the past." Taiwan is home to the Nationalist Chinese government, which claims to be the only legitimate government of all China. Peking claims the island off the Chinese [coast is its rightful territory. In bis maiden speech as ambassador to Nationalist China. Unger did not specifically refer to the Nationalist refusal to negotiate any matters with Communist China. But he said “refusal to discuss problems and potential areas of conflict can only exacerbate tension and increase the chances of war." Unger’s speech followed closely announcement of the start of withdrawal of the last American combat units from Taiwan. The withdrawal of two fighter plane squadrons had been anticipated for about a year and planned for several months. Downward Revision in Corn Forecast: Buti It said Cotton, 74, who is retiring from the senate at the end of the year, suffered no loss of consciousness and no paralysis. material candidate Jim Scha- A hearing was set for July 16 ben will also be in Independence    to consider the Decorah State during the day.    bank’s drive-in application for In cooperation with the Bu-)    renewal of its lease for the’land jchanan county pork producers, d occupies in the municipal The announcement attributed a free pork barbecue lunch will ar*a the stroke to the plugging of a be served to 1,200 persons (first ,he council denied a request small    blood    vessel    and    said Cot    come, first served). Serving will    for reconsideration nf street initon    remains    available    to    be[ begin at 11:30 a.m. on Third av-    Pavements m the 200 block on taken to the senate in case! enue NE just off the bank corner Lasf streel in downtown Independence. Independence merchants are 1812 Overture Brings Criticism ‘Baffles’    planning other events which will Firemen to Concert ; be announced at a later date Officials Ziegler new jncjustry Wiii LAJES AIRBASE, (UPI) Cedar Rapids Emergency Numbers Ambulance.........366-7654 FBI..........402/348-1210 Fife............... 398-5343 Highway Patrol .... 364-5171 After Houri  363-5629 Police............. 398-5353 Sheriff.............398-3521 (Clip end carry in your billfold) By Dorothy Williams WASHINGTON Agriculture Secretary Earl Blitz Wednesday assured Iowa Sen. Dick Clark the U.S. department of agriculture will revise downward its ; forecast of a 6.7 billion bushel corn crop this year. According to Clark, Butz said the US DA will probably release ! a forecast of a corn crop between 6.2 billion and 6.5 billion bushels in the report due July ’ IO. “The secretary said a crop prediction might be made before that date," Clark told The Gazette. Clark Protest Butz told of plans to pare the .crop estimate after Clark protested that the 6.7 billion bushel estimate was “unrealistic ’ due to losses from rainfall and inability to plant. The Iowa Democrat took up the matter of the corn crop estimate with the secretary as Butz was leaving a session of the senate agriculture committee where he reported on his recent trip to the Far East. Loan Legislation Meantime the senate agriculture committee Wednesday ap- Suez Leader Dies LONDON (AP) - Gen. Sir Charles Keightley, 72. who commanded the ill-fated British-French invasion of Suez in 1956, died Monday. proved legislation providing for up to $3 billion in loans 90 percent guaranteed by the Farmers Home administration to the live stock, poultry and dairy industries in the next year by private lenders. This bill is similar to one in troduced by Clark hut expanded to include the poultry and dairy industries. The committee also wrote in a provision which would hold down the maximum loan to $1 million. Reimbursement Of Allocation Expense Asked DES MOINES (AP) — Gov. Robert Ray has submitted a $47,758 claim to the federal energy office to reimburse Iowa for money spent in the last six months to operate the state’s emergency fuel allocation program Partial reimbursement to state governments for costs related to handling energy emergencies was a provision of national legislation which established the federal energy office last December. Iowa’s claim covers the period from Dec. 4 to June 30, Ray said Tuesday. “Total state cost for the period was $61,500." Ray said $35,122 of the amount claimed is to pay portions of the salaries of 14 state officials "who have been running the Iowa fuel allocation program.” there is a critical vote. ATLANTA (AP) — Firemen new industry will con- answered an alarm at Sym-Azo re.si struct a facility on the grounds phony Hall in the Atlanta Me- “That’s hard to take.’’ Woodward, who exchanged sharp words with the defense on a number of occasions insisted “the law doesn't say you have to have a perfect trial, just a fair trial. “And the defendant received a fair trial.” Woodward spoke to the issue that Hall might have been con-, . . ,.t.    .    .    . victed by an all-white jury be-'mun.eipahnes, counties and nth-cause he is black    er tool government units are He said. “I had    hoped we    Prodded front passing any ob- could find that the    crime was    s'mdy laws and that the new ----  ^    _ ....... _    __ committed by a white person state statute v01ds present local gate-related criticism President perts to employ initially 4ft per- Tchaikovsky’s 1812 Overture. We would have had a lot lessi    *aws-    (Nixon    has    received    in    the U.S. sons.    ,    directed by Robert Shaw. problems. Race shouldn't be a  _—-- target, but it shouldn’t be a shield either.” County Attorney Carl Goetz, who assisted in the prosecution, said Wednesday morning, "references to testimony before the grand jury regarding Hall s alleged preference for white girls or his possible membership in militant black groups were not President Nixon’s press [of the new industrial park. The mortal Art Center here Tuesday, secretary, Ronald Ziegler, says firm, with Duane Geater of In- night. But it was a false alarm, officials he talked to in the Mid-dependence as president, will \ spokesman said the scnsi-East were “totally astounded ” produce heavy steel and stain- tive fire alarm equipment was and “bafflled” by the Water-Jess steel fabrication and ex- set off by a performance of WiD.-THURS.-FRI.-SAT. ONLY Car Wrecked, Trooper Feels ‘Double Luck/ By Jerry Mursener ANKENY (UPI) - Iowa highway patrol Trooper John Abeltins had the tornado duty Tuesday night and was stalking the high winds in his patrol car. He nearly became a victim of one of the storms he was watching. Abeltins considers himself "double lucky’’ and his patrol car is totally demolished. Abeltins, a 15-year patrol veteran, was on duty when several storms hit the central Iowa area. He had traveled through five counties keeping a close eye on the storm. "It first hit one mile north of Ankeny on U , S. 69 and blew out both my headlights.’’ he said, "but when I got into town, the wind turned my car completely around and the front windshield popped out.” Abeltins said the other windows in his patrol also shattered and that "glass was flying all over the place.” Abeltins, who is an Ankeny resident, said a utility pole on a nearby comer then snapped and the “wires came down across the top of the car.” ‘11 reached down and grabbed the floor mat and wrapped it around my head and hugged the floor,” he said. "I just didn’t think I was going to make it out of there alive.” Abeltins said he finally grabbed the police radio and an Ankeny patrolman arrived However, he was forced to stay in the car for about "30 minutes” until he was certain the electrical wires were down. 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Clippings and Obituaries for the Cedar Rapids Gazette