Banner Graphic, Volume 13, Number 118, Greencastle, Putnam County, 25 January 1983 — Page 1

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It's a little early to be saying goodbye to winter, but we can just about bid adieu to the late, great Frosty the Snowman who stood in the yard at 616 E. Franklin St. in Greencastle since the year's first snowstorm last Friday.

Committee weighs alternatives in Stardust Hills bankruptcy

Bv BARBARA CARHART Banner-Graphic Staff Writer CLOVERDALE-It's an old story with a familiar plot. The Cloverdale Town Board of Trustees, accompanied by their attorney Rexell Boyd, Stardust Hills freeholder attorney Reed Priest, attorney for the trustee in the bankruptcy suit, Tom Henshaw, Putnam County sanitarian Vernie Zeiner and several Stardust Hills property owners attempted to write a happy ending to the nearly 10-year-old saga at Monday evening’s meeting held in the Cloverdale Community Building. VARIED OPINIONS AND deep emotions kept the solution at bay. However, the town board did appoint a Stardust Hills study committee to review the options that lien holders like the Town of Cloverdale have as a result of the Stardust Hills bankruptcy proceedings. Tom Jones, Tri Professional Realty, will chair the committee, which includes John Whitaker, Wayne Rhine, Wilrna Williams and Don Gedert. The committee has quite a task before it since it has been asked to bring back a proposal and two alternatives to the town board. Committee members must accomplish this with the outcome of a bankruptcy proceeding initiated in July 1981 and involving the Stardust Hills Owners Corporation (SHOC) waiting in the wings. First to offer possible options was Zeiner, who told the board such a public forum was necessary at its last bi-monthly meeting. Zeiner outlined three possible approaches. “THE TOWN CAN TAKE over the sewer lines as is,” he explained, “can sit back and continue as it has, or find out a way to get the assets to the property and repair the sewer and waterlines.” Realizing that such extensive repair (just evaluation of the damage would cost

Oh, occasional Mostly cloudy and continued cold overnight. Low in the low 20s. A 40 per cent chance of occasional light snow overnight. Cloudy and cold again Wednesday, with high in the upper 20s. Another 40 per cent chance of snow flurries on Wednesday. Indiana Extended Forecast Seasonably mild Thursday through Saturday. Partly cloudy Thursday. Chance of rain or snow Friday and Saturday. Highs in the mid 30s and upper 40s. Lows mostly in the 20s Thursday and in the 20s and 30s Friday and Saturday. Abby A 5 Bridge All Calendar A 5 Classifieds All Comics A 6 Crossword All Editorials A 7 Heloise A 4 Horoscope All People AlO Sports AB.A9 Supermarket Shopper AlO TV A 6

Banner Graphic Putnam County, Tuesday, January 25, 1983, Vol. 13 No. 118 20 Cents

$85,000-$90,000), would mean extensive funding, board president Diana Brumfield questioned who would pay for such a project. “Are you talking about assessment for just Stardust Hills?” Brumfield questioned. “Or for the entire town?” Gedert, of Ottawa Mobile Homes, said it would be unfair to assess all the lots including the unsold ones. ACCORDING TO PRIEST, there are approximately 4,000-5,000 affected lots, with only 70-72 people who are actually hooked up to the sewer and water system. The assessment of additional monies to repair damaged sewer and water lines did not set well with at least one property owner who said the Stardust Hills property owners have long paid their dues. “I don’t think the general public knows that between 1973-1979 through Indiana National Bank $277,200 was paid by SHOC for used and unused lots,” Wilma Williams interjected. “This money came out of SHOC and was collected by Cloverdale. Not a drop of water was going to those lots.” BOARD MEMBERS TOOK exception to the comments, explaining that the statement implied the town had wasted the money. “You make it sound like the town has blown this money,” trustee Herman Cox countered. “The town needed the money to install expanded sewer and water lines. There was an agreement to pay X amount of dollars to help retire the bond issue to take care of all they (the developers) said they needed up there.” Boyd agreed with Cox’s assessment, explaining that the bulk of the money was used to retire the indebtedness and was not wasted. An estimated $702,000 is needed to pay off the original debt incurred while $l.B million worth of liens are against the property and an estimated $500,000 is

Community Building roof repair eyed

Fair Board discusses priorities in upgrading facilities

By DAVID BARR Banner-Graphic Civic Affairs Editor Immediate and long-range plans to upgrade facilities at the Putnam County Fairground were discussed Monday night when the board held its first meeting of the year. Needing attention now is the roof of the Community Building which is leaking in a number of places, although a major repair job had been done two or three years ago. At that time, the roofer would not guarantee the job unless the roof was completely rebuilt. Members of the Grounds Committee were authorized to secure bids or suggest other means of financing repairs and take appropriate stops to correct the situation. ALSO NEEDING EARLY attention from the board was the reseeding and fertilization of areas that were included when a drainage project was completed last summer. Also, a general clean-up is needed to remove debris from diversion ditches. The Soil Service suggested that the reseeding begin no later than March.

The warming temperatures have done old Frosty in, but before we start celebrating the end of winter, remember: There are still eight more weeks until the official start of spring. (Banner-Graphic photo by Rick Combs).

necessary to repair the damage

WITH THE AMOUNT OF indebtedness and repair costs estimated, 18 local businessmen saw the urgency to develop a proposal which became an option to be considered Monday night. “The town has one-third mortgage in that property,” Gedert told the board. "We re third in line at besc. If we don't do something, we will have the obligation to take it over, assess the property and the people of Cloverdale will have to pay.” Gedert’s committee proposal suggests that local investors will buy the property, sell the lots and utilize 90 per cent of the monies for rehabilitation The balance would be used for attorney fees, according to Gedert. Gedert's proposal is subject to town board’s approval and bankruptcy courts acceptance and is based on the theory that people will be willing to pay $2,500 for each lot on the market. “IT’S A VERY DEPRESSED price,” Gedert explained. “It may be a year or more before they (investors) can do anything. They are just shooting dice." W'ith $56,000 judgment against the town for a sewer system not up to par, and with SHOC having only $14,000 in an escrow account, Henshaw became the bearer of the bad news. “Our efforts are geared to satisfying all the creditors,” Henshaw told the audience. “Some entity has to survive out there. We can’t move with all the mortgages on the property.” PRIEST, HOW EVER, saw a possible out if the town would be allowed to dip into available Department of Commerce funds. Explaining the Administrative Technical Assistance Program and Emergency Fund. Priest said sl.l million was set aside last year for the small town/city block grant program. Priest said acquiring the funds is similar to the Housing and Urban Development Col. 1, back page, this section

Another matter that needs attention within the coming weeks concerns rule changes in the upcoming fair catalog which is compiled by Shirley Ruark, Extension Office secretary. Board members are to contact major sponsors who have supported the publication in the past. Also fair supporters will be recognized on the Booster page after contributions of $5. The sticker price for week-long parking will be retained at $3, however, the electrical hook-up for trailers will be increased to $lO which is considered a break-even point. SINCE REQUESTS FOR space in the industrial tent are already coming in, Noble Fry, who co-chairs this committee with Dorcella Keck, presented a revised contract in which exhibitors are requested to leave their displays until the end of the fair. Also in the revision, it will be stated that no refunds will be made if an exhibitor fails to show as agreed. To facilitate parking on the south side of the horse barn, Gerald Edwards, board president, outlined a plan to increase the

Inmate due to testify

Hubbard's attorney says Burton did 1977 killings

By BECKY IGO Banner-Graphic Area News Editor Opening remarks preceded the state’s case Tuesday in Putnam Circuit Court during the first day of the murder trial of 32-year-old Coy Hubbard, charged with the July 24, 1977 slayings of Daniel Hassler and Raymond Atkins, both of Putnam County. Preceding Tuesday’s court action, defense attorney Chris Carisch of Indianapolis again requested Putnam Circuit Court Judge William C. Vaughn sequester the seven-woman, five-man jury, asking he bar jurors from public contact during the trial. JUDGE VAUGHN SAID it was his in terest to protect the jury from publicity regarding the case. He did temporarily overrule the motion. Later, he affirmed that decision once jurors were polled and he found there were no attempts to influence, talk or make contact with the panel. It was standing-room-only for the approximately 20 spectators who attended Tuesday. Some persons, either relatives of the victims or Hubbard's family came to witness the trial expected to last until Friday. Judge Vaughn is conducting the trial in the smaller Circuit Courtroom in the county courthouse. Putnam County Prosecutor Del Brewer, who is handling the state’s case, emphasized to the panel the importance of weighing the evidence presented in the courtroom and encouraged jurors to listen intensely to all witnesses. “I THINK THE WHOLE issue is whether this man here today was involved,” he said, directing a glance to Hubbard Brewer recalled the scene at the home of Atkins' father. Charles on July 24. 1977. The home, located on U.S. 231, a halfmile south of U.S. 40. now houses Liberty Insulation and Pest Control Co.

Food poisoning rumors quashed

Clean bill of health for restaurant

By BARBARACARHART Banner-Graphic Staff \V riter Viral infection--not food poisoning as earlier rumored-was the culprit that caused one employee and at least three patrons of the El Matador Mexican Restaurant, One Ashley Square, Greencastle, to become sick Thursday. All four had eaten a luncheon meal at the restaurant and shared similar symptoms, including diarrhea. Putnam County sanitarian Vernie Zeiner investigated the complaints and, after consulting with health officer Dr. John Ellett Jr., determined that the cases were a matter of coincidence. "IT DOESN’T PAN OUT (food poisoning suspicion),” Zeiner told the BannerGraphic Monday The average onset time ( period between eating a food and actually becoming sick) for a food-born disease is 68 hours. After you get past that, you almost eliminate the possibility of a food-borne disease.” Zeiner said the onset times for those people who became ill Thursday averaged

number of electrical outlets and park trailers on the north side of the barn. This has board approval and the cost is estimated at S4OO. Other wiring and light changes will be completed before the fair opens the last full week in July. Among concerns of the board is theft of wiring and other materials from the grounds. It was suggested that contents insurance be reviewed. REPRESENTATIVES OF the Ex tension Homemakers asked the board to clarify their role concerning maintenance and use of the kitchen in the Community Building. When this facility was completed. Homemakers furnished the kitchen and are to receive half the rental. Currently there is need for a new stove and sink. The board asked the Homemakers to provide guidelines to take care of these matters and coordinate the group's efforts with those of the fair association. BOARD APPROVAL WAS given for the Horse and Pony Club, with their own funds. to restructure the horse barn so that 80,

“There are bodies found at that location.” Brewer told the panel. “They are shot.” Referring to the expected testimony of the state’s first witness. Jack Hanlon of the Indiana State Police, he noted that the officer will detail the “scope” of the investigation conducted on the murders back in 1977. “I think Jack Hanlon will tell you, even with all of the investigation done (at the time), there is still not enough to do anything with at all,” Brewer said of determining possible suspects in the aftermath of the slayings five years ago. THE PROSECUTOR NOTED that it was later, in the mid months of 1982, that investigators received information regarding the murders. That information came from current Indiana State Farm inmate, Kenneth Burton. Burton, who is also expected to testify, contacted Hanlon and detailed the day of the murder, saying Hubbard was responsible for killing the two men. After Hanlon told Brew'er of Burton’s conversation, the prosecutor said it became “decision time” for his office and investigators. For Burton’s information he was granted immunity from prosecution by the prosecutor's office. “I HATE IMMUNITY," Brewer told the jury. “Before, we don’t have a case, but we decide here (with Burton’s information) may be a possibility. “1 hate to let a man walk free for murder, " he said of Burton, “but it's either one, or none." Telling of Burton's background. Brewer said, "Kenny Burton is not worth a damn.” The prosecutor then repeated a list of Burton’s prior criminal record, telling of arrests for assault and battery, robbery while armed with a deadly weapon and drug convictions. “HE’S NO GOOD,” Brewer acknowledged. “He's a murderer and he's

between 3-21 hours. The four people became sick at different times, according to Zeiner. One became ill between 3-4 p.m. Thursday, while the other three felt symptoms between 6-8 p.m., at 11 p.m. and at 3 a m. Friday. THE SANITARIAN SAID he gave the business a clean bill of health after a Monday inspection and determined that the restaurant was indeed sanitary, right down to the plates which were heat sterilized. “The heat would kill almost any type of bacteria." Zeiner offered The four cases were closed Friday after receiving a report from Dr. Ellett. The health officer told the BannerGraphic Monday afternoon that he shared Zeiner’s conclusions about the case. Though only one of the four, a DePauw University student, had sought medical attention. Dr. Ellett said he reviewed all the reports and pointed to a viral infection as the cause of their illness. ELLETT SAID HE has reviewed about 11 cases reported at various times, and

8 x 10-foot box stalls will be available. Currently, the club has enough money to begin and complete half of the construction. A representative of the club pointed out that the improvement of stall facilities would encourage use of the barn by various groups presenting horse shows. Two such shows are scheduled for the coming summer. At the request of Kenny Harris, Jack Overshiner will present a pre-fair show. The fair association will sell tickets and receive half of the proceeds. The date will be announced later. IN OPERATION AT the Community Building was the new sound system provided, at a cost of $1,200 by the Farm Bureau. It is expected this will improve the accoustics which have been bad since the building was erected. Some changes are anticipated for displays exhibited by Future Farmers of America. Possibly more than one chapter will be included in a single tent. Making his annual report, treasurer

a participant.” he added of the AtkinsHassler murders. “But we are still talking about decision time. Do you go with what you have now, or do you keep hoping 9 ” Brewer also told of other witnesses he expects to testify, including a former girlfriend of Atkins and a Martinsville couple who said Hubbard and Atkins came to their home the day of the murders. Brewer said he will have Burton testify beginning Wednesday morning, saying jurors will hear his account of the “cold and calculated” murders. “You'll find it doesn’t bother him a bit to talk about it,” Brewer added. BREWER SAID JURORS will hear Burton tell how Hubbard was standing between the two men, how their hands were tied and how Hubbard pulled the trigger of a small handgun, mortally wounding each of the victims. The prosecutor said he also expects to call a former girlfriend of Hubbard's to the stand, in addition to the accused man's niece. Carisch began his remarks by saying jurors have a “heavy job in having to sit in judgment of somebody else.” He told each to listen to the testimony and evidence with their eyes, ears and to use common sense at the outcome. WE FEEL THE EVIDENCE in this case that the state has is so weak they won’t even begin to tip the scales of justice (in their favor),” Carisch said. “I think there will be lots of doubt. And if there is reasonable doubt.” Carisch emphasized, “you can't convict anybody of any crime.” He noted there will be conflicting testimonies from witnesses in the case and that jurors will have to weigh witnesses' testimony. Carisch told jurors Hubbard is a “32-vear-old family man.” Saying he was divorced from his wife. Margaret, who Col. 1, back page, this section

concluded in all of the cases that the symptoms pointed more to gastrointestinal problems then food poisoning. “The timing just didn't fit,” Ellett explained, “and the duration was very odd.” The symptoms in food poisoning cases, Ellett reported, are also much more severe than the symptoms shared by the cases he had examined. “With food poisoning, you usually run a fever, get severely dehydrated and are usually in the hospital within two hours.” Ellett offered. LIKE ZEINER, ELLETT finds the cases involving the four people Thursday may just be coincidence. “I didn't think there was any significance to it," he concluded. “I have seen a lot of viral infections in schools and in hospitals.” Despite the apparent isolated incidents and eventual clean bill of health ruling, El Matador manager Rick Mendez said he was concerned by early speculation about food poisioning. Col. 1, back page, this section

Glendon Herbert said that expenses for 1982 were $79,364.60 with income of $80,192.07. Chairmen of various committees were warned to keep their expenses within budget limits. DIRECTOR PAUL EVENS presented rules for an “old tractor” pull scheduled for the closing day of the fair. This will be in addition to the horse pull. Approval was given to purchase 11 fire extinguishers at the cost of $42.50 each. These will be obtained through the Greencastle Fire Department. Other items considered by the board included: -Minor contract changes for groups holding horse shows at the grounds. -Need to repaint all barns, using the present brown color. -CONSIDERATION TO relocate the carnival, in its entirety, in a 300 x 400-foot area east of the Community Building. -Increase contribution to the Sheriff's Reserve from $l5O to S2OO. -Agreeement for the Shelia Baxter unit to play for the teen dance.