Banner Graphic, Greencastle, Putnam County, 26 September 1974 — Page 4

Poge 4

Banner-Graphic, Greencastle, Indiana

Thurtday, September 26, 1974

November Election To Have Second Feature Poll Bout

Calley Freed By Judge

By KEVIN FOLEY Associated Press Writer INDIANAPOLIS (AP) - A second feature match has developed in the 1974 election campaign in Marion County. It’s the race for county prosecutor between incumbent Republican Noble R. Pearcy and Democrat James F. Kelley. On a local level, at least, the contest has taken some of the attention away from the U.S. Senate campaigns of Democratic Sen. Birch Bayh and his GOP opponent, Indianapolis Mayor Richard G. Lugar. His name hasn’t exactly become a household word, but recent developments in the county have attached a new significance to Kelley’s campaign. One of those developments is the bitter feud between Pearcy and the Indianapolis news media. Pearcy has been attacked in print following the indictment by grand jury of two newsmen who had been doing investigative reporting on alleged police corruption in Indianapolis. The grand jury had been seated to hear evidence collected in that probe. And Pearcy was accused of having manipulated the proceedings to obtain an indictment against the newsmen, Richard Cady and William Anderson of the Indianapolis Star. In a front page editorial, the Star suggested that voters “return Mr. Pearcy to private life,” a departure from the pa-

per’s traditional support of GOP officeholders. It hardly amounted to an endorsement of Kelley, but people did begin to ask just who Pearcy’s opponent was. “They sort of gave me a lefthanded endorsement,” Kelley said. The 40-year-old trial lawyer feels that Pearcy’s local problems coupled with Watergate backlash against incumbent politicians and a general public disaffection with the status quo have added increased momentum to his campaign. “This is the year that the ins

are out,” Kelley said in an interview. “This is the year that we throw them out.” Kelley, an unsuccessful candidate for mayor and state senator, said he was optimistic from the beginning of his campaign that he could dislodge the 56-year-old Pearcy, a former judge who has held a lock on the prosecutor’s office since 1962. Pearcy has weathered political storms before. But Kelley feels the storm that has already swept many long-time politicians from both parties out of office may be too tought for Pearcy this time.

By KATHRYN JOHNSON —Associated Press Writer COLUMBUS, Ga. (AP) - A federal judge today overturned the My I,ai murder conviction of former Army Lt. William L. Calley Jr., ruling that Calley “was not accorded due process of law” and ordering him freed immediately. U.S. District Court Judge J. Robert Elliott based his decision on three key constitutional contentions: —That Calley was denied a fair and 'npartial trial because of massive, adverse pretrial publicity. —That he was denied his right of confrontation with witnesses and was denied compulsory process for obtaining witnesses in his favor. —That he was denied due process by being convicted on charges and specifications which were improperly drawn and illegally used by the prosecution.

Theologians Say Need For Pardon Missing In Case

By GEORGE CORNELL AP Religion Writer NEW YORK (AP) - From a Judeo-Christian standpoint, several theologians say that President Ford’s pardon of Richard M. Nixon was not in keeping with the way forgiveness works in a religious sense. They say that in moral terms forgiveness cannot take effect without acknowledgement of guilt and the need of being forgiven and that this factor had been missing in the case of Nixon. From the Biblical perspective, “you can only have

forgiveness if there is some kind of admission of fault before or after the forgiveness is given,” says the Rev. Dr. Walter Wink, a New Testament scholar of New York’s Union Theological Seminary. “Otherwise you can’t accept it or recognize the need of it.” In Nixon’s case, “he has consistently denied he was morally culpable," Dr. Wink said in an interview. “He’s still pretending the space he’s in is clean space. “That’s the reason so many people are incensed by the pardon. It has legal force, but no moral force. The moral issue

JEWELERS

has been swept under the rug, and that’s what’s tearing the country apart. People have been kicked back into the skepticism that they thought President Ford would deliver them from.” Rabbi Dr. Robert Gordis, professor of Bible and the philosophies of religion at New York’s Jewish Theological Seminary, said he knew of no religion which teaches that forgiveness can be extended “without some clear, definitive avowal of an offense, whether against man or God. “While not impugning the sincerity of President Ford's motives, his act does not meet the requisites of forgiveness in religious tradition. Forgiveness presupposes the readiness of the person forgiven to recognize his offense. Until that happens a pardon makes very little sense. It’s illogical. It violates the principles.” The religious scholars said an entirely different point was involved in regard to amnesty for draft evaders, since amnesty means a wiping out or "forgetting,” not forgiving. “It says okay, we’ll drop it, forget it, with no implications about who’s right or wrong,” Dr. Wink noted.

Army lawyers could seek an immediate stay of Galley’s release by filing a brief with Elliott, or by filing directly to the 5th U.S. Circuit Court of Appeals in New Orleans. Calley, 31, has been confined to the disciplinary barracks at Ft. Leavenworth, Kan., since Elliott took his appeal under advisement June 25. The heart of Galley’s plea was that he was a victim of unequal justice when convicte'd by military tribunal in March 1971 for the slaying of 22 Vietnamese civilians. The judge’s ruling says “Calley was originally painted as a mass murderer involved in the unlawful killing of some 567 Orientals which number included men, women and children.” Elliott said that by the time Calley went on trial for the March 1968 My l^ai slayings, Calley had been described as “everything from a mass murderer to a ghoul.” He continued: “The American public — including all prospective jurors — and, indeed, the entire world had ... been so impregnated with the thought of Galley's guilt that it could well have been assumed that all that would be necessary would be for the court-martial to convene and the judge to announce, bring the guilty rascal in and we will give him a fair trial.”'

He concluded his section on pretrial publicity by saying, “If there has ever been a case in which a conviction should be set aside because of prejudicial publicity, this is it.” In Washington, the Army said its lawyers would study the judge’s decision “in order to evaluate various legal alternatives.” At Ft. Leavenworth, a spokesman said authorities there would await instructions from the Army officials in Washington. The Army automatically considers parole for Calley Nov. 19 — the date when he will have served one-third of the his 10-year sentence. His original life sentence was reduced to a 20-year term by the Gen. .Albert 0. Conners, commanding general of the 3rd Army, and later reduced to 10 years by Secretary of the Army Howard Callaway. Calley already has submitted his petition for parole to authorities at Ft. loavenworth, and his lawyers say the request should soon be before the Army and Air Force Clemency Board in Washington. Calley also has applied for presidential pardon, based on the issue of amnesty for draft evaders. Elliott is the same judge who freed Calley last Feb. 27 after the former lieutenant had spent three years under house arrest

at nearby Ft. Benning, Ga. Three months later, the Army won reversal of Elliott’s bail decision from the 5th U.S. Circuit Court of Appeals in New Orleans. Calley appealed to the U.S. Supreme Court, which refused to overturn the appellate court's decision on bail. After Elliott took Galley's conviction appeal under advisement June 25, Calley was flown to Ft. Leavenworth where he has been working as a clerktypist. In his appeal hearing, Galley's attorneys said his trial was manipulated from the "highest positions in the Army — from Gen. (William C.) Westmoreland or possibly even

higher." J. Houston Gordon, Galley’s chief attorney, argued that Galley's constitutional right to call witnesses was violated when the military judge refused to subpoena Westmoreland, commanding general in South Vietnam when tlie My I>ai massacre occurred and Army chief of staff when Calley was tried. Gordon also said that if Westmoreland had appeared, defense attorneys would have sought to compare him to Gen. Tomayuki Yamashita, Japanese commander in the Philippines of an occupying army which massacred civilians during the closing days of World War II.

Train Schedule

INDIANAPOLIS (APl-The James Whitcomb Riley passenger train began running between Chicago and Cincinnati again today, leaving the Ohio city at 7:30 a.m., Sen. Vance Hartke, D-Ind., said. The schedule called for stops at Richmond at 8:20 a.m., Muncie at 9:20 a.m., Peru at 11 a.m. and Chicago at 2:45 p.m. Hartke, chairman of the Senate subcommittee on surface transportation, said bus service would be provided In-

dianapolis passengers wishing to make the Muncie connection. He said the bus would leave Union Station at 7:45 a.m. and would return with passengers for Indianapolis at 10:55 a.m. The eastbound schedule: Leave Chicago 2:05 p.m., arrive Peru 5:40 p.m., Muncie 7:05 p.m., Richmond 8:05 p.m. and Cincinnati 10:55 p.m. The bus will leave Indianapolis at 5:25 p.m. for Muncie and return at 8:40 p.m.

News Council Finds Criticism Of New York Times Wire Article 'Unwarranted'

NEW YORK ( AP) - An ambassador’s criticism of a New York Times News Service article about U.S. aid to South Vietnam was unwarranted, the National News Council says. The council, a self-appointed media watchdog, said Tuesday it was unable to find inaccuracies sufficient to merit censure of the Feb. 25 article by reporter David K. Shipler. William E. Rusher, publisher of the National Review and a member of the council, dissented. Martin complained in a cablegram to the State Department that Shipier’s article “contained numerous inaccuracies and half truths,” including a slanted view that the United States and South Vietnam were violating the

cease-fire while the Communists were not. The council's majority finding, written by Dean Robert B. McKay of the New York University Law School, noted that Shipler had been rebuffed in efforts to interview Martin, and said a “journalist is entitled to draw reasonable inferences from the available facts.” In other decisions, the council: —Dismissed a complaint from Robert Edwards, a former employe of the Mutual Broadcasting System. Edwards complained he was required by Mutual to report a promotional item about a black All-American football team on every newscast for 12 hours. The council said management has a right to

Attorney Says No Formal Papers Taken To Minneapolis

INDIANAPOLIS (APl-The U.S. attorney here said Tuesday no formal papers were transferred from Indianapolis to Minneapolis which would have allowed Arthur B. Banks to plead in an Indiana case. Stanley B. Miller said he was attempting to “formalize” a Minnesota federal court disposition of Banks' case. The New York actor-playright convicted of failing to report for

military service was imprisoned at Terre Haute, Ind. He was charged with assaulting a guard during a disturbance

Aug. 22, 1972.

Banks, transferred to a federal prison in Minnesota, was freed last week under the amnesty program, and U.S. District Court Judge Miles Lord in Minneapolis allowed Banks to plead no contest to a charge of simple assault. Lord

Mondale '99 Percent' Certain He Will Run

By GERRY NELSON Associated Press Writer DULUTH. Minn. iAP> - Sen. Walter F. Mondale says he is per cent” certain he will seek the Democratic presidential nomination in 1976. In appearances before the Minnesota AFL-CIO and the news media Tuesday night, the Minnesota Democrat stopped short of formally announcing his candidacy. "I’m very strongly inclined to do it. I probably will do it," he told a news conference. “I’m 99 per cent of the way there, but I have not yet decided ... I’m not trying to be coy, but I have not yet decided to run." Mondale said. He declined to set a date for making a formal entry into the race. In a 30-minute appearance before the state AFL-CIO convention, Mondale referred briefly to Sen. Edward M. Kennedy's announcement Monday that the Massachusetts Democrat would not be a presidential candidate in 1976. ’The developments yesterday encourage me even more to believe that this is an idea that just might be possible,” Mondale said. “I'm not kidding myself. It’s going to be a long, tough road and I’m going to need a lot of help.”.

Humphrey said Mon dale has a good chance of getting the nomination because he is well respected by his colleagues in Congress.

imposed no sentence, saying, “It’s about time we got the monkey off this man’s back.” Banks’ trial on the assault charge was to have started in Terre Haute Tuesday before U.S. District Judge James E.

Noland.

Miller said in a hearing before Noland Tuesday he had indicated to Lord several months ago the government was willing to transfer the case to Minnesota and accept a plea to a lesser charge. “Some people somewhere might feel this office is not able to evaluate cases properly,” Miller said. “Some people somewhere might think they have the wisdom of Solomon.” Banks’ attorney, Brent A. Barnhart, told Noland as far as the defense was concerned the case is closed.

require certain items to be reported. —Dismissed a complaint by Dr. Hettie Hughes Fisher of Paducah, Ky., against The Associated Press for reporting that a Harris Poll about President Nixon's public rating lumped “fair” with “poor.” She said it would have made more sense to lump “fair” with •good.” The council said Harris provided the categories, which The AP merely reported. The Harris organization defended its system, saying it was useful to have a dichotomy between “excellent-good” and "fairpoor categories”. —Upheld a complaint against the Knight News Service from Dr. Abraham A. Bergman of the National Foundation for Sudden Infant Death. He complained about an article in the Seattle Times, which was an edited version of three articles which appeared in the Philadelphia Inquirer. The council agreed with

Bergman that the articles gave the incorrect impression that lack of oxygen was the cause of sudden infant death, rather than just one of the causes, and that prevention could be achieved in 18 months. The council noted that the Seattle Times had run a second article correcting the first one. —Dismissed a complaint from G.R. Brainard Jr. about an AP report on a speech by U.S. Supreme Court Justice William O. Douglas. Brainard said The AP distorted Douglas’ remarks by quoting the justice as having said the oil industry created an energy crisis for its own profit with the aid of bureaucrats. The council said The AP and United Press International carried similar reports, both based on material from the same reporter. It said Douglas spoke from notes and that there was no record of the speech, so that it was impossible to be certain of what he said.

Lugar, Bowen Wives To Launch Campaign

INDIANAPOLIS (AP)-A group of Republican women, headed by the wife of the governor and the wife of the U.S. Senate nominee will launch a two-day campaign Thursday for candidates in the Nov. 5 election. The group includes Mrs. Otis R. Bowen; Mrs. Richard G. Lugar: Mrs. Robert D. Orr, wife of the lieutenant governor; Betty Rendel, Indiana GOP vice chairman; Mrs. L. Keith Bulen, wife of the Republican national committeeman; Pat Yoho, nominee for clerk of the Supreme and Appeals courts;

Jean Merritt, nominee for state auditor; Mrs. William Allen, whose husband is running for secretary of state, and Mrs. Randall C. Miller, wife of the nominee for state treasurer. The women will travel in a self-contained mobile home, visiting Greenfield, Pendleton, Anderson, Muncie, Hartford City and Gas City. An overnight stop in Marion will be followed by stops Friday in Wabash, Peru, Logansport, Delphi, I-afayette, Crawfordsville and Lebanon. Similar tours are scheduled Oct. 10-11, Oct. 17-18 and Oct. 21-23.

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