Banner Graphic, Volume 10, Number 161, Greencastle, Putnam County, 12 March 1980 — Page 2

A2

The Putnam County RannerGraphic. March 12,1980

Dismissal of charges sought

CAMP LEJEUNE, N.C. (AP) Lawyers for Pfc. Robert Garwood hope to use a collection of anti-American statements and tapes made by American prisoners in Vietnam to defend the Marine against charges of desertion and collaboration with the enemy in Vietnam. A court-martial for the 33-voar-old Indiana native opened Tuesday with his lawyers revealing their initial line of attack: “The Vietnam War was specifically different from other wars.” said Capt. Dale Miller. The defense says it will seek dismissal of the charges on grounds of s ele cti ve prosecution because no other former POW has been tried on

Key evidence withheld from Kopechne inquiry

C. 1950 N.Y. Times News Service WASHINGTON Records of Sen. Edward M Kennedy’s telephone calls in the hours after the accident at Chappaquiddick were withheld bv the telephone company from an inquest into the death of Mary Jo Kopechne without the knowledge of the assistant district attorney who asked for them The records, which had been subpoenaed as a key piece of information in the case, could help confirm or dispute Kennedy’s account of what happened after he drove off the Dyke Bridge with Miss Kopechne in his car shortly before midnight on July 18,1969. The records became a matter of interest to The New York Times in an effort to resolve questions about the activities of Kennedy and his associates in the 10 crucial hours between the time of the accident and the time the senator reported it to the police. The Times found that the telephone company submitted to the court only one of at least four lists of calls in its possession. Kennedy said in an interview Tuesday that the only calls he made were those he described in the inquest testimony, and none of those calls were on the list submitted. But the senator, who had been questioned about the list several times over the last decade, said he had always assumed that telephone company officials had complied fully with the court subpoena. And he stood by his previous account that he

Patience counseled by leaders

WASHINGTON (AP) - Secretary of State Cyrus R. Vance sees no breakthrough in the hostage crisis before May. U.N. Secretary General Kurt Waldheim says even that forecast may be too optimistic. In separate statements Tuesday, Vance and Waldheim counseled patience despite the failure of the U.N. investigating commission to make progress toward release of the approximately 50 American hostages

Banner-Graphic "It Waves For All" (USPS 142-020) Consolidation ot Tits Daily Banner Established 1850 The Herald The Daily Graphic Established 1883 Telephone 653-5151 Published twice each day except Sundays and Holidays by LuKlar Newspapers, Inc. at 100 North Jackson St., Greencastle, Indiana 46135. Entered In the Post Office at Greencastle, Indiana, as 2nd class mail matter under Act of March 7,1878. Subscription Rates Per Week, by carrier $.85 Per Month, by motor route $3.70 Mail Subscription Rates R.R. in Rest of Rest of Putnam Co. Indiana U.S.A. 3 Months $10.25 $11.25 $13.75 6 Months 20.25 22.50 27.25 t year 40.25 44.00 54.45 Mali subscriptions payable in advance . . . not accepted in town and where motor route service is available. Member of the Associated Press The Associated Press is entitled exclusively to the use tor republication of all the local news printed In this newspaper.

» 653-2695 * 653-2695 * 653-2695 * Hunter John's & Pizza FAST, FREE DELIVERY IMF/ (within city limits) ~ HUNTER "hN'SPIZZA*^ | s l°°off i ■ 50 c O ff ! !z o" Iz ol ig ANY i! If ANY cl 8 i*» S 8 12" I PIZZA | j PIZZA with one item or more ■ ■ with one item or more L Only one coupon per pizza | | Only one coupon per pizza COUPON COUPON J DINE IN OR CARRY OUT-17 W. FRANKLIN ST. NORTH SIDE OF SQUARE Sunday through Thursday 11 a.m. to midnight, Friday & Saturday 11 a.m. to 1 a.m. Delivery from opening to close. 653-2695 • 653-2695 • 653-2695 •

*653-2695 » 653-2695 * 653-3695 • 653.1695

charges stemming from Vietnam. Garwood’s attorneys want tapes and statements used as propaganda by the Vietnamese communists to try to show that their client was just one of many prisoners who cooperated out of fear. "The defense’s position is that in order to determine exactly what the definition of collaboration is ... we feel it’s relevant that the defense should have in front of it other examples of conduct by POWs." Miller said. Col. Robert E. Switzer, the military judge presiding at the Garwood court-martial, set March 26 as the date to hear defense motions, which include

being held in Tehran. Vance was meeting with Waldheim today in New York to see if the commission can be revived. Waldheim said Ifan needs time to iron out the “strange power situation” which prevails in that country. Vance, after briefing members of Congress, said no breakthrough is expected before the elections for the Iranian parliament are concluded. The first phase of the elections begins Friday but the parliament is not scheduled to convene until May. Iranian President Abolhassan Bani-Sadr predicted the hostages won’t be released before “mid-May at the earliest." But Waldheim, in an interview with PBS’ “MacNeil-Leh-rer Report,” said the resolution

STORAGE PROBLEMS? Rent Clean, Dry, Private Space at THE SPACE PUCE 2 Locations: 626 Tennessee St., Greencastle Stardust Hills Rd., Cloverdale Call: Frank Hutcheson: 653-4782 Bob Evans: 795-3187 Office: 600 Bloomington St., Greencastle, 653-3141

three that seek dismissal on grounds of selective prosecution. Garwood’s lawyers said they also planned to file motions seeking a change of venue and requesting a trip to Vietnam to gather evidence. The first session of the courtmartial. which continued today, dealt only with administrative matters and legal motions. A recess is likely until the March 26 hearing date and it will probably be sometime in April before prosecutors present their first witness against Garwood, of Adams, Ind. Garwood, a 19-year-old jeep driver when he disappeared near Da Nang in 1965, returned to the United States last March

jjj 1 i

EDWARD KENNEDY MARY JO KOPECHNE New information found concerning night of the crash made no calls before 8 a m. on July 19. The Edgartown District Court, which conducted the January 1970 inquest, had issued a subpoena for “all calls” billed to any of the senator’s telephone credit cards the day of the accident

of the crisis may hinge on how well supporters of Bani-Sadr’s moderate policies do in the elections. “The kind of support (he receives) will be of great importance for a possible solution to the problem,” Waldheim said. Implicit in his remarks was the possibility that the crisis could go on indefinitely if backers of the militants holding the U.S. Embassy compound win a majority. Two weeks ago. Ayatollah Ruhollah Khomeini had said that the fate of the hostages would be left up to the parliament. Vance, Waldheim and Iranian government authorities all indicated Tuesday that the work of the U.N. commission was only suspended.

653-2695 • 653-2695 • 653-2695 • 653-2695 i 1 ■ i

‘IIP ' ISM

Carter, Reagan make solid showing in South

By WALTER R. MEARS AP Special Correspondent Solid in the South, President Carter and Ronald Reagan are girding for showdown contests in Illinois, seeking victories that could point their way to rival nominations for the White House. For Democratic Sen. Edward Kennedy and for Reagan’s Republican challengers, the Illinois presidential primary election next Tuesday has become a must. Unless Kennedy can stop Carter there, it will be hard for the Massachusetts senator to stop him at all. Republicans George Bush and John B. Anderson face the same situation against Reagan. Both Carter and Reagan enter Illinois bouyed by towering landslides in three southern states. Reagan won big in Florida, Alabama and Georgia on Tuesday. trouncing Bush. Anderson, who didn’t campaign, ran a distant third. In the Southern primaries, Carter won bigger over Kennedy, who all but wrote off the competition in the president’s home territory.

Slip

and the next day. Armand Fernandes, the assistant district attorney who handled this aspect of the case, said in a recent interview that he considered the records the foundation for assessing testimony by Kennedy Instead, attorneys for the New England Telephone and Telegraph Co. now say they selected a list of 16 calls and gave only these to the court. They said they chose this course independently and came under no pressure from the senator or from others on his behalf. The company’s copies of the complete records were later destroyed as a matter of routine, they said. Fernandes said in the interview that he had not known the records submitted were incomplete. He said he had believed the records could indicate whether the accident happened when the senator said it did, shortly before midnight, by revealing whether or not calls were made in the middle of the night. Fernandes said he also thought the records might help confirm or contradict Kennedy’s contention that he failed to report the accident to police immediately, as the law requires, because he spent the night in a state of confusion and shock. Fernandes wanted to find out, he said, whether Kennedy or his associates had the presence of mind to make telephone calls during the 10hour delay. There is no way at this point to know whether the missing records would support Kennedy’s story at a time when opinion surveys show that a growing proportion of the public doubts it.

world

And Carter swept past Kennedy in Oklahoma’s Democratic caucuses, winning by a 3-to-l margin. Carter and Reagan were the early leaders as both parties caucused in Washington state. In his own Georgia primary, Carter got 10 votes for every Kennedy ballot. That dwarfed Kennedy’s victory margin in his home Massachusetts primary one week earlier. “We whipped him,” Carter told Georgia Gov. George Busbee. Carter was quick to note that Kennedy had skipped the South. The president told supporters in Birmingham. Ala., by telephone that “it’s not feasible to be elected unless you’re a national candidate.” Lest anyone miss the message, White House Press Secretary Jody Powell said the Southern bye meant a Kennedy ticket would be doomed to failure because, “History shows us that no Democrat can win the presidency if he writes off a whole section of the country.” Carter won with 88 percent of the vote in Georgia, 82 percent in Alabama and 61 percent in Florida. One surprise there:

30« OFF

8-pack 16 oz. returnable, 8-pack cans or 2-liter bottles TO THE DEALER: Our salesman will redeem this coupon in accordance with terms of the offer stated herein, plus each coupon for handling. Customer must pay deposit and sales tax. Cash value 1/20 of 1?!. Invoices proving purchase of sufficient stock of Mountain Dew to cover coupons presented must be available upon request. Offer expires June 30, 1980.

Good only through dealers serviced by PEPSI BOTTLING CO. OF INDIANAPOLIS.

Nine percent of the voters marked No Preference. Kennedy came closest in Florida, and he only got 23 percent there, boosted by the support of Jewish voters angry with the Carter administration’s admittedly mistaken vote for a U.N. resolution critical of Israel. Patrick Lucey, deputy chairman of the Kennedy campaign, said the challenger got “about what we expected” in the South. Lucey predicted that the campaign tide would turn when Carter is held accountable for the nation’s economic woes Kennedy has been saying that regularly. He needs to prove it in Illinois. Reagan’s GOP landslides were almost as hefty as Carter’s margins. He beat Bush 73 percent to 13 percent in Georgia, 69 percent to 26 percent in Alabama, and 57 percent to 30 percent in Florida. Reagan captured 105 votes for the Republican presidential nomination to 9 for Bush. That gave Reagan a national total of 167 to 45 for Bush. It will take 998 to win the GOP nomination.

or whether they would indicate that he and his associates begaq trying to handle the political implications, legal questions and public information aspects of Miss Kopechne’s death before reporting it to the police or emergency agencies. Kennedy said Tuesday that neither he nor any of his represen-; tatives had discussed the records with executives or attorneys of New England Telephone. Kennedy has said from the outset that the account he gave at the inquest was true, and he asserted that again Tuesday. “My testimony is complete and candid and responsive,’ he said, “and I think that’s the best sworn testimony that’s the; best information.” Repeated recent efforts to persuade Kennedy’s associates to; discuss the period after the accident were fruitless. They refused, as they have for 10 years, to clarify the sequence of; events on a night still cloaked in mystery, when the senator’s; deeds and words were, as he afterward described them, “inex-; plicable, inconsistent and inconclusive.” * - Kennedy said he had not instructed his aides and friends-ter refrain from talking with reporters. “Some have chosen ter engage in interviews and conversations.” he said. “Others have" not. I left that completely up to their discretion.” Kennedy said, however, that he still had a lawyer-client relationship with those who gave him legal advice after the accident. and that he did not want them to talk w-ith reporters

School leader charged with doctor's murder

GREENWAY, Va (AP) Jean Struven Harris, headmistress at the exclusive Madeira School, used to lecture her assembled students frequently about the need for integrity. “She has said that word ‘integrity’ so many times that some of the students call her ‘lntegrity Harris,’” said Sonya Knight, president of the boarding students at the school. Now Mrs. Harris is accused of murdering Dr. Herman Tarnower, a wealthy New York heart specialist who wrote the famous “Scarsdale Diet” book. The 400-acre campus on the banks of the Potomac River complete with riding stables, tennis courts and swimming pool was quiet Tuesday. The 325 female high school students began a three-week spring vacation at the end of school last Friday. But the headmistress was not forgotten. “Mrs. Harris is a fine woman and a fine headmistress and no matter what happens I will always believe in her.” said Laura Gill, president of the dayschool students. Mrs. Harris’ arraignment before a Weschester County judge Tuesday on a second-jdegree murder charge shed little light on the circumstances of Tarnower’s death late Monday. She had a bruised upper lip and her lawyer said. “She suffered the bruises at the house." Police said there were signs of struggle in the upstairs bed-

r Ustligi

Demonstrators burn an American flag as others chant anti-American slogans during a demonstration outside the U.S. Embassy in Tehran Satur day. The demonstrators urged the militants holding the hostages inside the embassy not to transfer the Americans to the ruling Revolutionary Council. (AP Wirephotoj.

room where the 69-year-old doctor was found bleeding to death, shot three times. Mrs. Harris met police at his $500,000 mansion, told them there had been a shooting and produced a .32 caliber pistol from the glove compartment of her car, police said. “I have no idea what happened in New York and I’m shocked by it all,” said a faculty member who asked not to be named. “Jean Harris always seemed to know exactly what she was doing and she was a good headmistress. I just hope this doesn’t hurt the school.” Mrs. Harris, headmistress at Madeira since 1977, had known Tarnower for some time and was said to be a frequent guest at his house. Her name was first among the acknowledgements in his “Scarsdale Diet” book and he credited her with helping research and write it “On behalf of everyone at the school. I can only say that we are most distressed to learn of unfortunate events affecting Mrs. Harris, the headmistress." said Madeira schoM president Alice W. FaulkneT. She added that she had been ifi formed Mrs. Harris was resign ing her position. “We have a very strong a£l ministration in place and I am sure that we can continue in;a strong way and continue as no* mally as possible,” MrJ Faulkner said

Israel frees 6 Arabs JERUSALEM (API _ i freed six Arabs from prison as;a good-will gesture to Egypt bp* defied the U N Security Council and the United States by seiziQg 1,100 acres in the Arab sector pf Jerusalem for Jewish housing:Finance Minister Yigal Hiirvitz signed an order e* propriating the land for a homing development connects* two Jewish neighborhoods 3n northern Jerusalem. The seizure came nine da\'s after the U N Security Council condemned Israeli settlement's on Arab territory occupied afte> the 1907 war. including East Jerusalem, which Jordan seized in the 1948 war.