Banner Graphic, Volume 13, Number 121, Greencastle, Putnam County, 28 January 1983 — Page 12

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The Putnam County Banner-Graphic, January 28,1983

Putnam scanner

Sheriff’s Dept. A Friday morning propertydamage accident occurred on Walnut Road at the Saddle Club Road intersection. Involved in the 2:15 a.m. accident was a 1973 yellow Chevy driven by Mark A. Tucker, 17, 513 Moore Ct., Greencastle. A guardrail was damaged as a result of the accident. Tucker told deputy Jim Hendrich that he was going to fast and lost control of his vehicle as he entered the curve. The vehicle did a 180-degree turn and struck the guardrail, police said.

MENUS

GREENCASTLE Jan. 31-Feb. 4 Monday-Pizza, green beans, carrot sticks, fruit cup, milk. Tuesday-Salisbury steak, mashed potatoes, tossed salad, pudding, hot rolls, milk. Wednesday-Hamburger, tater tots, peas and carrots, cake, milk. Thursday-Fried chicken, buttered potatoes, corn, bread, fruit jello, milk. Friday-Tomato soup, grilled cheese sandwich, slaw, pineapple slice, milk. NORTH PUTNAM Jan. 31-Feb. 4 Monday-Hot ham sandwich, scalloped potatoes, mixed vegetables, cherry turnover, milk. Tuesday-Chicken-fried steak and gravy, baked potato, green beans, rolls and butter, peaches, milk. Wednesday-Tenderloin san-

At the library PUTNAM COUNTY PUBLIC LIBRARY Jan. 31-Feb. 5 Thursday, Feb. 3-Story Hour, 10 a.m. Saturday, Feb. 5-Internal Revenue Service instruction on filling tax forms. Open to everyone. Public meeting room, 10 a.m. to 1 p.m. *** BOOKMOBILE SCHEDULE Monday, Jan. 31-Reelsville School, 9a.m.-1:30 pm. Tuesday, Feb. 1-Belle Union School. 9-11:30 a.m.; South Putnam High School, 12-1 p.m.; Heritage House Convalescent Center, 1:15p.m.; Medallion Drive, 1:30 p.m. Wednesday, Feb. 2-Green Acres, 9:15 a.m.; Fillmore School, 9:30a.m l p.m. Thursday, Feb. 3-Asbury Towers, 9-9:30 a.m.; Cloverdale Senior Center, 9:45-10:15 a.m.; Houston Health Care. 10:30 a.m.; Cloverdale Community Building. 10:45 a.m.-noon; Cloverdale Nutrition Program, 12:15 p.m.

PSC hearings set

INDIANAPOLIS (AP) - Citizens Gas & Coke Utility will present its case for a s3l million rate increase Tuesday and Wednesday before the Public Service Commission in the State Office Building.

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Greencastle City Police Fred J. Williams, 27, Box 341, Greencastle, was arrested Thursday morning on North Indiana street on a warrant for contempt of court. The 4 a.m. arrest was made by Sgt. Rodney Cline. Putnam County Court Tuesday, Jan. 25-Robert Owens vs. McCullough Refrigeration Service. Correction The plaintiff in a Putnam County Court small claims suit listed in the Jan. 26 Putnam Scanner was incorrectly listed. The case should read: Branagin Oil Co. vs. Ivan Beaman.

dwich, tater tots, cauliflower or broccoli with cheese sauce, cookies, milk. Thursday-Corndog, baked beans, hash brown potatoes, applesauce, milk. Friday-Beef manhatten, mashed potatoes, buttered peas, peanut butter cake, milk. CLOVERDALE Jan. 31-Feb. 4 Monday,-Tenderloin sandwich, hash browns, peas, fruit salad, milk. Tuesday-Turkey manhattan, whipped potatoes, cottage cheese with peaches, chocolate no-bake cookie, milk. Wednesday-Pizza, tossed salad, half an apple, spice cake, milk. Thursday-Cheesburger, tater rounds, green beans, cookie, milk. Friday-Fish, celery sticks, buttered corn, apple cobbler, milk.

The utility, which serves about 206,000 Marion County customers, filed its rate increase request Sept. 17,1982. The public and intervenors are scheduled to present their case March 21.

ELKS Friday, Jan. 29 Happy Hour Entertainment Saturday, Jan. 30 Dance MELODAIRES

GREENCASTLE CHAMBER ORCHESTRA: Herman Berg conducts group practice session

Chamber Orchestra in concert Sunday

Are you in the mood for a bit of “Summertime,” knowing that our winter weather is still an “Unfinished Symphony” for this year? Need a little fireworks in your life, or could you “Handel” a bit of Bach? The Greencastle Chamber Orchestra has something going just for you at its winter concert to be presented at 3 p.m. Sunday in Thompson Recital Hall at DePauw’s Performing Arts Center. LEST YOU think chamber orchestras play only somber music fit for drowsy Sunday asHubbard

want to be convicted do you?” Answering, the defendant said, "I would not put my family through this. No.” “AND YOU WOULD NOT like to be taken away from your family, would you?” Brewer again asked. “No,” Hubbard said. Probably the defense’s strongest witness Thursday was Janet Mihay, Greenwood She was Janet Norris in 1977. married to Burton’s nephew John Norris. Norris is the son of Burton’s sister, Mildred Norris of Martinsville. It was to that home in Martinsville that Burton said he and Hubbard fled, after shooting Hassler and Atkins in 1977. But Mihay dispelled Burton’s testimony that both were involved in the act. In July 1982, Mrs. Mihay said she was watching the news with her current husband when the arrest of Hubbard for the murders was aired. “I said I know those guys," she testified, upon seeing Burton and Hubbard’s pictures flashed upon the television screen. “I TOLD MY HUSBAND when they said they had arrested Coy Hubbard, that he didn’t do it. I said Kenny Burton did it. My husband asked me how I knew and I told him because Kenny told me he did it. “After five years, I never thought it would come back,” Mrs. Mihay explained of her reason for keeping the information secret. “I wanted to forget about it,” she said, adding she feared for her life as Burton had threatened her. Mrs. Mihay then related the day when Burton came to the Norrises' home the day of the shootings. “He was kind of hyper that day,” she told jurors. “He said if I would order a pizza, he would pay for it. I ordered and told him it would be a few minutes and he said let’s just go ahead and leave (to pick up the food). “KENNY WAS KIND OF sweaty, clammy and uptight,” Mrs. Mihay recalled. “Then he said, ‘I just killed two people today.’ I said, ‘You’re kidding?’ and he said no. “He said he went in the guys’ house to confiscate some drugs and guns and said two guys came in when he was there,” Mrs. Mihay said. “He said one of the guys called out his name, and if he hadn’t had done that, he wouldn't have had to kill them. “He said one tied one up and he (Burton) tied the other up. He made them lie face down on the floor,” Mrs. Mihay said. Starting to cry through her testimony, the witness told jurors, “He said he just shot them and he went into detail how they looked. “HE SAID, ‘JAN, HAVE you ever seen anybody with the fear of God in them?”’ Mrs. Mihay said, choking on tears. “He said he shot the one and turned and shot the other He said he then called police to tell them where to find the bodies and he came to Martinsville.” Mrs. Mihay said she was extremely upset. “I didn’t know what he was going to do,” she said of Burton. “He told me, ‘lf any of this ever gets out, that doesn’t mean I won’t come back and put you away too.’ “That’s why I hadn’t said nothing for five years,” Mrs. Mihay told jurors. “When we got back to the house, I went straight back to my room. I told my husband later that night. I didn’t tell anyone else that day.

ternoons, you will be pleasantly surprised. The Chamber Orchestra’s sixth annual winter concert opens with Handel’s rousing “Music for the Royal Fireworks” and ranges from such typical chamber orchestra works as Bach and Mozart to Schubert’s “Unfinished Symphony” and selections from George Gershwin's “Porgy and Bess”. Under the directorship of Prof. Emeritus Herman Berg, the concert will showcase the talents of both young and voung-at-heart musicians from

Continued from page 1 “But I told my mother the next day, if anything ever happens to me, that I wanted her to know that Kenny Burton had something to do with it ." UPON QUESTIONING by Carisch. Mrs. Mihay testified Hubbard was not with Burton that day in Martinsville. “Did Burton say where he murdered those people 9” Carisch asked. “Yes,” Mrs. Mihay answered “He said Greencastle, or Greenfield, or something like that.” “Did he say why?” the attorney questioned further Answering, she said, “He said he knew there would be a large amount of drugs there.” “Would you be confused about what he told you that day?” Carisch asked “I WAS THERE,” Mrs Mihay answered. “and I know what he said. Kenny Burton told me he killed two people that morning. He murdered them." She added she told State Police the same information. “There’s no doubt in my mind what he told me,” Mrs. Mihay said of Burton, again beginning to cry. “I’m scared of him. It took a lot to come here. I’m happily married now. This just isn’t good on me and isn’t good on my marriage. “During that time, it was hard for me to believe that he took two people’s lives...and I knew...and I couldn’t do anything about it. I’ve gone to a psychiatrist and had a nervous breakdown over it.” ON CROSS-EXAM, Brewer read the statement prepared by the two Indiana State officers who obtained the identical information from Mrs. Mihay prior to the trial. The information was obtained during a taped interview on July 16,1982. Reading from that statement, Brewer showed that Mrs. Mihay told officers at that time “she just couldn t recall" if Hubbard was with Burton that day in Martinsville or not. Detailing the interview. Brewer read that Mrs. Mihay sai,d, “That’s the only thing I can’t remember. There’s something missing about Coy. I don’t remember if he (Burton' said Coy was there or not. It seems like Coy’s name was brought up during the conversation, but I can’t remember if Coy was there or not.” QUESTIONING THE witness, Brewer asked, “Do you remember making that statement?” Mrs. Mihay responded that she did. Reading further, Brewer noted that Mrs. Mihay told officers, “If I could just remember if Coy was there or not. That bothers me so much. Something tells me to say yes and something tells me I’m not sure.” “Do you think your memory is better today, or six months ago when you made that statement?” the prosecutor inquired. MRS. MIHAY SAID SHE recalls the conversation better now, reinforcing her Thursday testimony that Burton acted alone. “The officers called me the day before and told me they wanted to talk to me. Then they came the next day,” she said of the July 16, 1982 interview. “They gave me only 24 hours to remember all of that.” On redirect questioning, defense at torney Carisch pointed out that Hubbard’s name had been mentioned frequently by officers prior to police recording Mrs.

the Putnam County area. Those performing include: Strings, Patience Berg. Margaret Berrio, William Carrington. Mairi Cooper. Ginger Dieckmann, Robert Farber, Angela Gubitosi, Kate Johnson, Gloria Kaemmer, Margart Anne Keller, Laura Lash. Maxine Reasor, Nellie Reeves, Louise Reinecke. Laverna Saunders, Marka Gustavsson, Jenny Lash, Mary Wells. Lisa Peregrin, Carol Zent. Doug Elmore Woodwinds, Bob Cart, Marcia Grounds, Betsy Moore. Alice

Mihay’s statements. Also testifying for the defense Thursday, was Carol Cade, a friend of the Hubbard family in 1977. She testified Hubbard came to her home during the afternoon of July 24, 1977, reinforcing the defendant was not in Martinsville as Burton had testified earlier MRS. MIHAY’S MOTHER also took the stand, supporting her daughter’s testimony concerning the conversation with Burton on July 24. 1977. An official at the Indiana State Farm also testified before the defense rested its case at Thursday. In his one-hour closing statement. Brewer asked jurors to weigh the validity of the defense's witnesses, noting most had concentrated their testimony to telling of Hubbard’s whereabouts on the day prior to the murders. "I don’t think there are any questions that there were two murders and two robberies,” Brewer began “The sole question each of you jurors have is very simple: Was Coy Hubbard with Kenny Burton when these murders took place? “HE HAD A LOT OF time to think what he was going to talk about,” Brewer said of Hubbard. “He told you he was an armed robber and a close friend of Burton’s and they had drugs in the house. “Coy Hubbard is looking at a life sentence.” Brewer told jurors. “Isn’t that enough reason to tell you the things he wants to tell you? Why would Burton testify against him? Burton is seeking protection from the one man (Hubbard) who has the information that can put Kenny Burton in prison for life.” In Carisch’s almost lVhour closing statement, he focused on the state’s decision to grant Burton immunity from prosecution regarding the murders. “THAT’S THE HIGHEST form ot pleabargaining there is,” Carisch said. “It benefits the criminal. Immunity bought and paid for Kenny Burton. I can’t think of a better deal for Kenny Burton. But I can’t think of a worse deal for the state of Indiana.” Carisch pointed to several elements brought out during the trial, especially the autopsies completed on Hassler and Atkins at Union Hospital in Terre Haute on July 25,1977. Medical experts determined there were only two bullet wounds on each of the bodies. Burton testified Wednesday Hubbard fired nine shots each into the bodies of Hassler and Atkins. THE AUTOPSY REPORT showed that Atkins sustained one bullet wound in the head and one bullet wound in the left forearm. Meanwhile, Hassler sustained one bullet wound in the head and one bullet wound in the right forearm. Complete autopsy reports on each man were read to jurors Thursday morning by Pierson. During rebuttal. Brewer pointed to Carisch’s statements concerning immunity made earlier. “He said with immunity the state loses. I believe the state loses if you sit there and don’t do anything,” Brewer said of not prosecuting a case of this magnitude, if there is the slightest chance of solving the case. “That’s when the people lose, and the state of Indiana really loses, if you don’t do anything.”

Greenburg, Page Curry, Angie Jones, Bill Wise; brass, Bert Brown, David Brown, Rick Washburn, Marta Keammer, Lori MacPhail, Everett Hazlett, David Lash; Piano, Henry Rolling. THE GREENCASTLE Chamber Orchestra is a volunteer non-profit organization. While concerts are free, the orchestra solicits community financial support through an annual membership campaign. In addition, the orchestra receives support from the Indiana Arts Commission for programs.

Obituaries Samuel E. Brown

Samuel E. Brown, 77, Putnamville, passed away Thursday evening at Heritage House Convalescent Center in Greencastle. Born Jan 6, 1906 in Putnam County, he was the son of Randolph and Laura (Richardson) Brown He married Margaret Louise Mace on July 10, 1925 at Greencastle. She survives. Mr. Brown was employed for 25 years by Lone Star Industries. He retired from Stewart-Warner Corp. after 27 years. He was a member of the Cloverdale Masonic Lodge, No 132 F& AM. In addition to the wife, survivors include three daughters, Mrs. Lloyd (Frances) Ellis, Greencastle, Mrs. Bill (Lucille) Wood, Bradenton, Fla., and

Walter Earl Calvert

Walter Earl Calvert, 68, Portland Mills, passed away Thursday morning at Putnam County Hospital. He was born in Portland Mills on Oct. 2, 1914, the son of Thomas C. and Carrie (Smith) Calvert. Mr. Calvert married the former Helen Cathryn Unger on May 5, 1934. She preceded him in death. Mr. Calvert retired from Allison Detroit Diesel. General Motors Division, Indianapolis, in 1974 after 34 years. He was the owner and president of Lake View Camp, Portland Mills, a member of the Portland Mills Christian Church, cofounder and president of the Portland Mills Homecoming Association, past director of the Raccoon Lake Association and a member of the Putnam County Chapter

Faye N. Fontaine

Memorial services for Mrs. Faye N. (Nixon) Fontaine, 82. 732 Crescent Drive, Greencastle, will be held at 4:30 p.m Monday at the Greencastle Presbyterian Church. Mrs. Fontaine passed

Claude Herold

Claude Herold, 74, Plainfield, passed away Wednesday at Hendricks County Hospital. He was born in Greene County on March 8, 1908, the son of Roscoe and Olive (Miller) Herold. Mr Herold married the former Geraldine Edwards on Feb. 14,1917 in Plainfield, and she survives. He was a 1927 graduate of Brazil High School and a 1929 graduate of Fort Wayne

Additional clock donors

Additional SIOO contributors toward the purchase and placement of a Putnam County Courthouse clock have been announced. Also to be listed on the donors’ plaque in the courthouse lobby, according to the Putnam County Board of Realtors, will be three memorial gifts.

FAMILY ENTERTAINMENT SPECIAL Rent For 3 Nights RCJI Video Disc Player choice! Ask about Rent-To-Own Plan 5 3 • i 5 4 1 9 [ 24 NORTH JACKSON, GREENCASTLE

Mrs. David (Alberta) Thomas, Greencastle; two sons, Thomas, Reelsville, and Russell, Greenwood; a brother. Art Brown, Brazil; a daughter-in-law, Joe Ann Brown; three sons-in-law; 10 grandchildren; 20 greatgrandchildren and one stepgranddaughter. He was preceded in death by his parents, six brothers and two sisters. Services will be conducted at 1 p.m. Monday at Hopkins-Rector Funeral Home, Greencastle, with Rev. George Anderson officiating. Burial will be in Putnamville Cemetery Friends may call 2-8 p.m. Sunday at the funeral home, where the Cloverdale Masonic Lodge will conduct ritualistic services at 7 p.m. Sunday.

of Civil Defense. He was also instrumental in preserving Portland Mills historical artifacts. Along with his wife, he was preceded in death by two sisters. Survivors include a son. Major Stanley L. Calvert and his wife Doris. Portland Mills; a daughter, Mrs. Don (Doris) Harbison, Terre Haute; a brother, Charles C. Calvert. Waveland; two sisters. Thelma Grimes, Russellville and Mary Jean Switzer, Crawfordsville. and seven grandchildren. Services whill be held at 2 p.m. Saturday at the Hopkins-Rector Funeral Home, Greencastle. Rev. James O. Trousdale will officiate. Interment will be in the Portland Mills Cemetery. Friends may call until 9 p.m. Friday.

away Tuesday morning at Putnam County Hospital. Graveside sen/ices were held Friday afternoon at Anderson. Bittles and Hurt Funeral Home, Greencastle, was in charge of arrangements.

Business College. Along with his wife, survivors include two daughters, Mrs. Marian Gomez, Fort Wayne. and> Mrs. Irma Lee White, Plainfield ; eight grandchildren and one great-grandchild. Services will be held at 11 a.m. Saturday at the Wingler Funeral Home, Coatesville. Interment will be in the Switz City Cemetery. Friends may call until 9 p.m. Friday.

They are: In memory of Mr. and Mrs. Charles Jones (from Thad and Debra Jones), in memory of Jacob and Rose Knauer (from Mr. and Mrs. Kenneth Knauer), in memory of Mr. and Mrs. Ray Hillis (from Mr. and Mrs. John L. Poor) and in memory of Laverne Sanford (from Mrs. Jessie Sanford).