The Tennessean from Nashville, Tennessee • Page 4

THE TENNESSEAN, ftUay. Dec. 77, 1974 EhrlichmanThrown To Wolves: (Continued from Page One) fairs chief continued. Lawyer Frates urged the jury to be" FFA's Plane i Certification 'Questionable' The lawyer said Nixon was insisted Mardian is unfairly State Jobless Rate Up 5 firing Ehrlichman ana ft TSof keeping secret from Ehr- lichman the very evidence that finally drove the former Si dent from office. Nixon resigned last Au- iel Ellsberg's IPW gust after disclosure of a Frates denied that, 1070 a in uhirh inothflt at the time everyone I I K'flX1 Iv'Tl, 1 SI jvf VVfM to vl 1.4 he gave his approval tor use of the Central Intelligence Appnrv to block the initial FBI investigation into Watergate.

Frates told the jury, "the President never told John Ehrlichman about that. He never found out about that until you folks learned about it in the newspapers." Frates noted the impassioned closing argument of chief trial prosecutor Neal, who frequently mimicked the defendants and held the courtroom's fixed attention for two days last week. (Continued from Page One! the hourly rate was increased to $3.73 from $3.71 in October, Griggs said. The hourly rate average a year ago was $3.40. The commissioner pointed out that the unemploy-i ment rise occurred despite gains in non-manuf actur-jng employment of 1,800 jobs last month and 28,100 Over the year.

However, the increases in nonmanufacturing hiring was not sufficient to offset losses in manufacturing because both durable and non durable goods reported declines due to less business. MANUFACTURING employment dropped by 10,300 last month to 503,200 in November. Most of the loss 6,600 jobs was reported in the durable goods industry, Griggs said. Cutbacks ranged from 100 in primary metals to 3,000 in machinery. In nondurable goods industries only industrial inorganic and organic chemicals added workers, but employment remained constant in petroleum refining and related industries; yarn and thread mills; and tobacco industries.

The unemployment rate represents 90,900 unemployed, while 1.7 million still have jobs. Hirings last month were mainly in wholesale and retail trade, insurance, government and mining, officials said. The nation's unemployment rate was 6.5. Unemployment rates in Tennessee cities were 4.2 in Nashville; 4.3 in Knoxville; 4.7 in Chattanooga; and 5.2 in Memphis. 13 Lawyers Set Raincoats Likely Today's Fashion -M WinJet Back To Courtroom WASHINGTON Watergate defendant John Ehrlich-man arrives at U.S.

District Court here where defense lawyers are in the process of presenting their closing arguments. Brief in Favor Seek Pled Change Of Unified Bar wve(j oniv by the evidence notbythe silver tongue oi a great wwiw, NEALsaidoneofEhrlic. man's main motives the cover-up was to weoraje his approval of the 1971 break-in at the office of Dan-. mine wniie nuw Vf about the operation thought hat the hreak-in "while ex cessive was justified by national security." Therefore, said Frates, Ehrlichman had no cause to be fearful that the Ellsberg break-in would De exposeu. Frates urged that if any one of the jurors naa a reasonable doubt about Ehrlichman's guilt, he or she should vote for acquittal even if all 11 other members of the panel thought the de-' fendant guilty.

reach the middle 40s, with a low tonight near 40 degrees, according to the National Weather Service. TOMORROW IS expected to be dry and warmer, with a high near 50 degrees. Forecaster Mike Rucker said a thunderstorm may emerge among today's drizzles. Winds are expected from the Southeast at 5 to 10 mph, increasing to near 15 mph tonight. RAINS HAD swollen the Duck River at Columbia, the scene of major flood damage in March 1973, to flood stage (32 feet) last night, but little additional rise was expected without more heavy rain today, a TVA river control spokesman said.

Richard Jewell, owner of Tennessee Valley Packing one of the first Columbia businesses to be evacuated during high-water periods, said he did not expect to be forced out by the waters. The Duck River must reach a level of 36 feet before his business is threatened, he said. Cancer GOV. REAGAN was solemn when he said, "This is a very sad occasion but Mary is holding up well. It's good to have friends around at a time like this." Miss Russell, near tears, said, "We're losing one of the greatest performers who ever lived.

He insisted on being helpful vto everyone. I'm sure going to miss him." Reagan said he first met Benny when the governor-to-be was a radio announcer in the Middle West many years ago. "HE CAME through town and I asked him to be on my show and he agreed," Reagan said. "Not only will Hollywood miss him and America but people all over the world will miss him. He is a world institution.

Everyone feels they know Jack Benny." Hope, reminiscing, said all comedians owed a debt of gratitude to Benny. "Any comedian had to be influenced by a great technician like Jack," he mused. "My fondest memory is of playing golf with him oncc.He pulled thisclub out his it still had the price tag on it. It broke us all up. "New comedians are com ing along all the time but I don't think we'll see another Jack Benny." 30-Caliher Unnc Road Death Clues? (Continued from Page OneT looking for a red pickup truck with a blue bed, which was reported seen by several persons near the scene of the murder of Moore.

Sumner County authoriti- vo oic muiuiig lor a wnite pickup-camper truck which witnesses reported seeing near the scene of the murder of 1 accused of activities for only "30 short days in the summer of ,72." Green recalled that prosecutor James F. Neal had referred to Mardian as a cymbal among the players in the Watergate coverup orchestra. 1 Green said-Mardian didn't even sit in the sat down in the seats." JACOB STEIN, attorney for defendant Kenneth W. Parkinson, who was an at-, torney for Nixon's re-election committee, said the prosecution never found a motive for his client's part in the conspiracy. In his argument, Frates said Ehrlichman fully believed in Nixon's innocence all the time while the former President kept his knowledge of Watergate a secret.

Frates said that throughout the spring of 1973 Ehrlichman repeatedly urged full Watergate disclosure. Nixon's reaction, Frates said, was to keep secret his own Watergate knowledge and reject Ehrlichman's recommendations. "You 'don't tell John about it," Frates imagined Nixon as saying. "John's a square. He wants to reveal it.

But, by God, if we reveal it, we're caught." Frates said when Ehrlichman was summoned to the presidential retreat at Camp David, Nixon praised him as his 'conscience" even though the deception of the ex-White House domestic af Bergdorf Goodman. Their plea of innocent remains. A plea of no contest, not in the strict sense an admission of guilt the charge, permits the corporate defendants: plead innccent in any other suits stemming from the indictment. THE INDICTMENT alleged the three companies established uniform retail prices through the adoption of uniform markpp lists. They allegedly induced manufacturers to use the uniform retail prices as their suggested retail prices.

ies Ml 8 Jack Benny "Matter of Hours" cancel a charity engagement in Dallas in October because of a dizzy spell. He came home then for five days of hospital tests and it was announced that doctors could find nothing seriously wrong with him. In his characteristic pen-nypinching role, he said when he left the hospital that he didn't even have a stomachacheuntil he got the bill. 1 LAST FRIDAY further tests were made, and the To Wire nessee to bring its program into accord with the federal HE WENT on to say that the federal bill will supercede Tennessee's present law. What Dunn failed to point out is that during the interim two-year period before the federal law become effective, the strong state program will remain in effect." Bissell said that the most important factor is that the Federal Bill calls for "a much more effective recla Statement Benny! By RICHARD WITKIN The New Verk Tiaei New Service NEW YORK In a hitherto secret report on the DC10 crash near Paris last March, the Federal Aviation Administration has been charged by its own inquiry board with "questionable" actions in certifying the filane and with being "inef-ective" in enforcing corrective steps after a near disaster in 1972.

The high-leVel report, made in mid-April, came to light as pressure mounted on the FAA to order new safety measures for the more than 160 DClOs already in service. A KEY point in the 41-page document was that canges already made in the rear cargo door, the loss of which caused both DC10 accidents, might fall short of what was desirable. The passage in the report dealing with this matter struck some observers as somewhat contradictory. But it was generally interpreted as meaning that the investigators felt that more improvements could be made in the interests of safety. The passage read as follows: "While there is no longer any doubt that it (the door) is safe, it is an inelegant design worthy of Rube Goldbert.

Notwithstanding the lack of explicit regulatory prohib-; ition, prudent design practice would suggest reconsi-deration of this arrangement." The McDonnell-Douglas Corp. builder of the plane, saia in reply to a query this week that no change in the fundamental design of the door.system was being planned. THE PARIS crash, in which 346 persons died, was the worst air tradgedy in history. The New York Times also has learned that the chairman of a House committee looking into the jumbo jet's, problems recently wrote the FAA saying that.it I advisable that all DClOs re-cicve another extensive design improvement now slated only for planes coming off the production line starting next fall. The change is entirely separate from the door sys-, tern.

It will provide an elab-' orate system of vents to allow relief of air pressure in either upper or lower compartments of a plane if a hole is suddenly opened in the fuselage becuase of a door loss, a bomb blast or other mishap. In the Paris case, the abrupt loss of pressure in the cargo hold caused the floor of the pressurized cabin above to collapse, breaking or jamming the vital controls cables running from the pilot's control column to the tail surfaces. THE improvement planned for planes to be delivered to airlines a year from now calls, in addition, for strengthening the passenger-cabin floor. But Rep. Harley O.

Staggers, head of the House special subcommittee on investigations, limited his suggestion to the venting inprovement. "I'm not taking the position," said the West Virginia Democrat, "that any time a manufacturer improves his aircraft, the presumption is raised that the earlier version is unsafe. It appears, however, in light of previous aircraft experience, safety board recommendations and views within the FAA itself, that fleetwide venting should be accomplished at the earliest opportunity." The "National Transportation Safety Board, to which Staggers referred, also prodded the FAA earlier this month on what it was doing to keep planes from crashing in case of sudden decompression, whatever the cause. It was the safety board that first urged the FAA to order venting of DClOs. This was in July 1972, soon after a cargo door blew off a DC10 over Windsor, Ont.

The pilot was able to land the crippled plane safety, possibly because the light load (only 67 persons on board) meant the floor collapsed with much less force that in the Paris disaster. ment said it would oppose the change. THE THREE companies were cited in a one-count indictment filed in Manhattan Federal Court for conspiracy to fix prices and undermine competition in the sale of dresses, suits and coats during the past five years. Also cited as defendants were Barrie Sommerfield, vice president and divisional merchandising manager of Saks, and Leonard Hankin, executive vice president of (Continued from Page One) wife of 47 years, was at his bedside and many of their old Hollywood friends came tocomfort her. There was no reason to hospitalize her husband, friends indicated, because doctors gave no hope of recovery.

WORD SPREAD quickly throughout the Hollywood community and numerous friends came to offer a few words of condolence at the Benny' mansion in Holmby Hills overlooking the estate of Hugh Hefner, the Playboy Club and magazine king. Among the first to arrive was Frank Sinatra. Then followed George Burns, Benny's closest old friend; Rosalind Russell, Gov. Ronald Reagan, Merle Oberon, Johnny Carson, Bob Hope, Danny Kaye, Danny Thomas, and Milton Berle. His daughter, Joan, arrived from a skiing vacation and went to her father's bedside.

BENNY HAD been in ap- Earent good health despite is advancing years until a few weeks ago when he began complaining of stomach pains, Fein said. Medical tests showed nothing. It had been the same story when he had to Jack Umbrellas and raincoats likely will be today's fashion trend, with a 90 chance of occasional rain in the Mid-state continuing into the night, weathermen predict. Small amounts of sleet which fell yesterday afternoon do not mean more of the same today, however, they said. Temperatures should Manufacturers, the indictment said, were induced to withhold women's clothing from retailers who sold below the uniform retail prices.

The firms, which operate outlets throughout the Metropolitan New York area, had a total of $70 million in retail sales in 1972. They could be fined $50,000 each if their nocontest motion is accepted by the court. A decision is expected in early February. Sommerfield and Hankin, if convicted, face maximum penalties of one year in prison and a $50,000 fine each. Dying of malignancy in the abdominal area was detected.

That was the first he or his family knew of the presence of cancer. The quarter-mile driveway and parking area in front of Benny's Mediterranean mansion was filled with limousines by dusk as Hollywood figures came by. There was no visiting with the dying entertainer. Daughter Joan came out to tell waiting newsmen, "He doesn't know what's going on," Another source said he was highly sedated so he would not suffer. HOPE, WHO said he first met Jack Benny on Broadway in 1929, said, "I was just talking to Marv about th good times we had together and the good memories of Jack.

"He brought joy to the world. His was the most charitable heart in show business. "The thing I remember most was his laughter. He had laughter for other comedians. I wouldn't say this was the end of an era but perhaps it's the start of the end of those who began in Vaudeville.

"Mary is being very brave in there. This is a big shock to all of us." President mation program for newly stripped lands in that it requires the land to be returned to its approximate original contour. Bissell added that the federal bill calls for the reclamation of orphan strip mines, not now covered by the present state regulation. "The federal bill also contains stronger regulations pertaining to slope limitations for the deposit of spoil. The state limit is now 28 degrees.

The federal limit will be 20 degrees," Bissell said. Stores NEW YORK (UPI) -A Genesco subsidiary and two other well-known Fifth Avenue stores, who pleaded innocent last October to a charge of fixing the prices of women's clothes, have, offered to change their plea to no contest. Lawyers for Bonwit Teller, the Genesco-owned store, Saks and Bergdorf-Goodman confirmed yesterday the change of plea notice had been filed earlier this week with the Justice Department's antitrust section in The govern- Two Indiana Hostages Dead; Inmate Caught MICHIGAN CITY, Ind. (UPI) State Police recaptured an escaped Indiana State Prison convict last night, but two women hostages were killed and a third was injured in his apprehen sion at a farm house near the prison. State police said the inmate, identified as Riley Mosley, 29, escaped from, a prison farm work detail during the afternoon.

He apparently took a revolver from a prison guard, and fled to the farm house, where he held the women hostage for 6V2 hours before he came outside and surrendered, authorities said. POLICE SAID the two dead women were found inside the farm house, and the condition of the third woman was not released immediately. None of the hostages were identified. Mosley was not injured seriously during his arrest, but one state trooper said he saw blood on the convict's back. State police cordoned off roads to the farm house and refused to comment on the exact circumstances of the shooting.

Mosley had held off about 30 Indiana State Police from midafternoon until late in: the evening. The police stood in two inches of snow outside the farm house 10 miles west of Michigan City while Mos-ley negotiated with a member of the Prison Inmate Council sent by Correction Department officials. TWICE iSr personal negotiations and once on the telephone Mosley refused to surrender, authorities said. Indiana Correction Commissioner Robert P. Heyne left Indianapolis for the scene in an effort to resolve the impasse before violence resulted.

Mosley has served three years of a 10-20-year sentence for armed robbery, prison officials said. fall upon a few people rather than upon the profession as a whole. Worst of all, there are unconscionable delays in bringing the matter to a final determination." The group also argues that unification could permit improved continuing legal education programs to deal with the problem of professional competence. The group says most ethical complaints stem from "misunderstandings and disagreements between lawyer and client, which, in most instances, are because of the lawyer's incompetence or indifference in dealing with his client or with his client's legal 4. THE SUPREME Court rejected petitions for unification of the bar in 1955 and 1972.

In each instance, the petition was submitted by the Tennessee Bar Associa-i tion. Although the current unification proposal is being submitted by a group of 13 lawyers, it has the support of the current Tennessee Bar Association leadership. The brief specifically disclaims any intention of abolishing voluntary bar associations at the state or local levels. IN THE two previous occasions, the high court has cited limited support among the state's lawyers as the chief reason for declining to unify the state bar. The group's brief contends that the high court should not base its decision on whether unification is "popular or unpopular." It also contends that "there is no doubt" that the court has the power to order unification.

AT THE time of the first unification proposal, the General Assembly passed a law saying that no requirement should be established for practicing law other than obtaining a law license. The group contends that if that law is interpreted as preventing unification of the bar, it is an unconstitutional infringement upon the high court's inherent powers. The brief also notes that 33 states and the District of Columbia have unified bars. The lawyers filing the brief are: George Barrett, Louis Farrell William R. Willis Jayne Ann Woods, Nashville.

Leo Bearman Russell B. SugarmOn and William M. Walsh, Memphis. George 0. Benton, Jack-' son.

-v- W. C. Keaton, Hohen-wald. William M. Leech Earl S.

Ailor, Knoxville. J. Paul Coleman, Johnson City. Earnest R. Mor- ristown (Continued front Page One) state's estimated 6,000 lawyers.

"Unification will enable the (Supreme) Court better to exercise its supervisory power over those licensed to practice before it, and such better supervision is required in the public interest," the group's brief states. in fields of discipline and ethical con-' duct, of professional compe- tence, and of making legal services available to the public, it is believed that unification is the only real i "If the bench and bar are to be effective in programs of law reform and to continue to enjoy the exercise of the privileges which are traditional, it is submitted that the time for drastic remedial action is now." THE BRIEF is to be filed With the high court in Nashville this morning, meeting the deadline previously set by the court for briefs in support of unification. Opponents have until Jan. 17 to submit briefs, and the court Will hear arguments in a special full-day hearing Jan. 23.

The 13 lawyers supporting unification include some tyho have held or are holding leadership positions in the Tennessee Bar Association and others who have been opponents of unification in the past. The group contends that unification can alleviate the 1 problem of "middle income groups and the indigent (whose) needs have not been met by the profession." "THE MEETING of these needs cannot be done by individual lawyers," the brief states. have been made by various voluntary associations of lawyers to meet some of these problems, but (a) it is unfair to have this burden fall upon only some members of the profession and not others, and (b) such efforts are bound to be scattered and not reach all members of the ff he brief also argues that any improvement of professional self-discipline depends on unification of the bar. Existing disciplinary machinery is "largely ineffective," the group contends. It cites statistical data suggesting frequent delays in disposition of grievance complaints.

"THE DELAYS incident to this type of procedure are inherent in the voluntary system where there are no paid investigators," the brief states. rhe expense and burden Dunn Mine Prompt Legislator KNOXVILLE (UPI) -State Rep. Keith Bissell, D-Oak Ridge, said yesterday he had sent a telegram to President Ford, urging him to sign into law the Federal Strip Mining Bill. The legislator expressed dismay over the action of Gov. Winfield Dunn in asking the President to veto the compromise legislation.

Bissell said, "in recommending the veto, Gov. Dunn stated that Tennessee's own strip mining law might, be injured in that it would take at least two years for Ten.