The Tennessean from Nashville, Tennessee • Page 17

Page 17 if ff October 31, 1980 Voicing Guilt, Resigns McDowell Job Spooking Time Weather Seen Cold but Dry If you're one of those types, old or young, who go in for trick-or-treating Halloween, you ought to wear a jacket tonight, but you won't need a raincoat. The same goes if you're one of those types, old or young, who goes out to Friday night football games. i "IT'S GOING to be clear, and great for spooking, or for football," Jack Merryman, forecaster for the National Weather Service here, proclaimed last night. "The temperature will drop pretty quick into the 50s, and by the middle of the evening will be down to 45 or so, but there will be little wind." That makes both today and tonight somewhat warmer than 7 Merryman said the thermometer will reach 63 or 64 degrees today, compared to nly 58 yesterday and won't be below 38 tonight, compared to 32 Wednesday night. THERE ARE some other things one.

should keep in mind besides keeping warm if one is going out on the traditional Hallowe'en', rounds. For one thing, anybody who's going tq be wandering from house to house, especially along or across streets and roads, needs to wear some kind of reflective clothing to make themselves visible to motorists. And the motorists themselves who are out tonight should be especially watchful for costumed children; Parents need to be careful, too, especially parents of young children out trick or treating. The youngsters should be warned not to eat any goodies they earner until thev cet home, when By CAROL CLURMAN Hugh Hamil, 53, president of McDowell Materials announced yesterday he has resigned after confessing in federal court, here that he rigged three Nashville road contracts. A press statement from the Nashville contracting firm said Hamil's resignation as president and a director of McDowell Enter-pises the firm's parent company, is effective immediately.

"A SUCCESSOR has not been named," the statement said. "However, Hamil will provide consulting advice and assistance to the company for a limited time." Hamil, former' president of the Tennessee Asphalt Paving Association, faces a maximum eight-year prison sentence and $101,000 fine after pleading guilty to one count of rigging bids on state highway contracts' and another count of mail fraud. The terms of his guilty plea are the result of a blind plea bargain with federal prosecutors in which no limit was placed on his sentence. Hamil also agreed to cooperate with the ongoing federal probe into bid-rigging in Tennessee's multimillion-dollar paving industry. Sentencing is set for Dec.

10. BEFORE U.S. District Judge John Nixon accepted Hamil's guilty plea, FBI special agent John Gisler read the facts of the case and said Hamil met with at least four other paving officials the night before the rigged contracts were let, June 29, 1979, at the Sheraton South. How the contracts would be bid was decided while the paving officials played a game of poker, Gisler said. Staff photo by Dan Loftin Another 'Visiting' Yoda parents should check candy, fruit and the like to be sure some weirao hasn't booby-trapped it with razor or drugs.

From right a long time ago in 9 galaxy far away, a yoda Halloween, in the person of costumed Mark Loftin. out of The Empire Strikes Back visit Earth for So don't be surprised to find yoda at your door. Cozzolino Jury Takes Spin in Countryside By ADELL CROWE euiltv to his cart in the aborted In other developments yesterday an attorney for Metro government, George Barrett, submitted a formal request in federal court here asking, that a $200,000 fine placed on convicted Tennessee Blacktop Inc. of Brentwood be remitted to Metro. Metro has lost from $3 million to $5 million because of contractors' fixing of prices asphalt the city has bought since 1975, the motion says.

"The Metroplitan government has suffered substantial economic injury as a result" of the price-fixing scandal, the petition HAMIL WAS accused of conspiring with other Tennessee contrac- tors to rig bids on $10.8 million worth of road projects in Nashville. He also was charged with mail fraud' in connection with a $486,747 check he "caused to be" sent through the mail to Inter-State Paving Co. of Nashville, previously convicted of bid-rigging, and Ashland-Warren according to the indictment. Vincent E. Wehby, attorney for Inter-State, said the check was from the state to the two companies for work the contractors per- formed.

The Tennesseanincorrectly' stated yesterday that Hamil sent the check himself when, in fact, as the indictment stated, he "caused" the check to be mailed as a result of his role in rigging the contract bid. Plagiarism Link Keys Ethics Unit Country Music Foundation officials have added a unit on the ethics of songwriting to their Artists-in-Schools program after discovering that a song submitted to the program was plagiarized. The song, submitted by a McKis-sack Elementary School student as her own work, was singled out for praise by the songwriter' conducting the Artists-in-Schools session there Wednesday and was described in a Tennessean story yesterday as a likely number for LorettaLynn. IT WAS DISCOVERED yester-day that Miss Lynn recorded the song in 1964. The song in question was turned in as a class assignment by McKis-sack sixth grader Loretta Webb, whose name coincidentally is the same as Miss Lynn's maiden name, under the title Happy Birthday, Merry Christmas and Happy New Year.

During a Wednesday morning Artists-in-Schools presentation at McKissack, Nashville songwriter Tom Pallardy praised the lyric, telling the class as he read it, here's someone who knows thing about country music." BILL IVEY, executive director of the Country Music Foundation, said Pallardy later showed the lyr-; ic to a music industry friend who thought it sounded familiar, and when the song's origin was verified, foundation officials were noti- fied. "It was basically a verbatim text, with incidental changes, of a song called Happy Birthday, by Ron Kitson," Ivey said yesterday. He said the song, published by Sure-Fire Music Co. Inc. and copyrighted in November 1964, was recorded by Miss Lynn on the Decca 1 label and reached No.

3 on the country music charts in early 1965. "AS A RESULT of this unfor-" tunate incident, we're adding a I -component on the ethics of songwriting and music copyright law to our educational program, so children in the program are aware that songwriting has to derive from their own creativity, not the work of others," Ivey said. While Loretta Webb's teacher, Ann Robertson, was distressed yesterday to learn the song had been copied which she said the girl acknowledged she described the class session which followed as beneficial. Jy pointing out that two of the other siblings who lived with Cozzolino and his sister in the orphanage and in Virginia became productive citizens. Cozzolino's court-appointed attorneys hinted in opening arguments yesterday that the bullet which killed the police officer during the holdup may not have been fired by Cozzolino.

ATTORNEY Douglas Campbell said the wounds which killed Cozzolino's accomplice were caused by jacketed bullets; a witness from the Tennessee Bureau of Investigation explained that this means they had a copper outer covering. In earlier taken to a Kentucky orphanage when their mother was placed in a mental insitution. She said they never heard again from their four other siblings. "Then we went to live in Lebanon, with daddy and this woman," she said. "Then there were 14 of us.

The woman didn't want us there. She wasn't a loving woman." MRS. PERRY said she escaped from the bad living conditions at 13 when an older, sister sent her a bus ticket to went to live with a loving, Christian family," she said. "I just got lucky." Prosecuting attorneys attempted to temper her testimony by testimony, store manager Howard Home testified he had shot at Parker with a gun loaded with jacketed bullets. Campbell explained that Hamler, the slain officer, was shot twice, once in the face and once in the neck.

It was the second wound, from a bullet which entered his back and went through his neck, that killed him. "The bullet removed from the officer's mouth was a lead bullet," Campbell told the jury. "But the proof will show that the bullet which made the second wound, a bullet which was never recovered, was a jacketed bullet." robbery at the Red Food Store in Chattanooga Aug. 22, 1977. The holdup resulted in the death of Chattanooga police officer Clarence Hamler and fellow fugitive Clarence Parker.

SHORTLY AFTER the capture of Cozzolino in 1978, a Chattanooga jury sentenced him die. But the. state Supreme Court intervened, ruling that evidence introduced at the sentencing hearing unfairly influenced the jury. Cozzolino'z sister said that when her brother was about 4 years old, five of nine brothers and sisters, including her and Cozzolino, were 1 A- J' 7V. 1 The1 Ralph Cozzolino jury took a drive in the country yesterday because the defense and prosecution could not agree on what kind of movie they should see.

The defense objected to the viewing of a violent movie by the Criminal Court panel that will sentence the" convicted murderer, and the prosecution ruled but love stories. THE OUTING came at the suggestion of Chancellor C. Allen High when he learned that defense witnesses for Cozzolino would not be in town until today. The trial was recessed at 11 a.m. yesterday and is set to reconvene at 1 p.m.

today. The question was wha to do with the jurors during the afternoon to while away the time. When the opposing sides could not agree on a movie that might not sway the jurorione way or the other, they all went for a drive as a During yesterday's abbreviated Cozzolino chewed gum while; his sister described their deprived childhood where, she said, there was no love for 14 children and very little food and cloth- "WE WERE SMALL and life was so terrible that I have tried over the years to forget it," Mrs. Mar-garet'Perry, 59, of Knoxville, told the jury. "I don't ever remember our daddy putting his arms around us or kissing us." Xozzolino, 57, appeared un- moved, even bored by his sister's account of their early years, and instead eyed the jurors who are expected to begin deciding later today whether to sentence him to life imprisonment or death in the elec trie chair.

"We was whipped, a lot," Mrs. Perry: said, displaying little emotion, f. 'We didn't have enough food or clothing half the time. "I REMEMBER when Ralph was a little boy and he got a whipping for doing nothing. I remember when daddy banged Ralph's head against the wall." Mrs.

Perry was the second witness introduced by Cozzolino's attorneys as they attempt to prove that their client should not go to the electric chair for killing a Chattanooga police officer during a holdup he, committed in 1977 while a fugitive. A four-time prison escapee who' once was on the FBI's "Ten Most Wanted List," Cozzolino pleaded A i 4 Geography Leads Datsun To Smyrna By ROBERT SHERBORNE andBENEUBANKS After months of financial wrangling and deal making, it was ultimately Smyrna's geographic location which prompt- ed executives of Nissan Motors! to locate a new $300 million truck plant there. Smyrna was selected over two Georgia sites in a last-minute decision because it will be less expensive to ship parts to a Middle Tennesse plant and because Nashville is more centrally located to markets for the 120,000 Datsun pickup trucks which will be produced at the facility each year, Marvin Runyon president of Nissan Motor Manufacturing U.S.A., said yesterday. "THE DECISION had been1 very close until we received a (Turn to Page 18, Column 1) Businessman Orders First Local Datsun Minutes after yesterday's announcement that Datsun trucks will be built at Smyrna, Robert W. McComb, Antioch specialty lumber dealer, plunked down a deposit on the first American-made Datsun truck.

"I want the first Datsun pickup to come off the production line at Smyrna in 1983," McComb told a salesman at Dixie Datsun, 307 Thompson Lane, two miles from McComb's little plant that cuts lumber to size for industry and handles some exotic and import lumber. ASKED BY A reporter what motivated him, he said: "Well, I figure I'll need a small truck by 1983 and I thought it would be nice to support the first American plant of Datsun. While it is partly an import, I fell more (Turn to Page 18, Column 1) St It Staff photo by Bill Welch I Nissan Chie Greeted A jubilant Gov. Lamar Alexander greets Takashi Ishihara, president of Nissan Motor Co. at the Metro Airport where Ishihara and other Nissan executives arrived after announcing Smyrna as the site for a new $300 million Datsun truck plant.

Alexander Predicts $115 Million Annual Economy Boost As the largest privately owned capital investment ever made in Tennessee, the $350 million-plus, 3 million square-foot plant will bring to $1.5 billion the capital commitment in the state this year, a new record, he said. by James C. Cotham Tennessee commissioner of Economic and Community Development, and Fred Harris, director of the Economic Development Division of the Nashville Area Chamber of Commerce, the plant will: By ALBERT CASON Tennessean Business News Editor Construction of a Datsun pickup truck manufacturing plant at Smyrna will bring an immediate multi-million-dollar impact on the area economy and an annual contribution of at least $115 mil- lion. As Gov. Lamar Alexander said following the formal announcement yesterday by Nissan Motor "IT IS HARD to.

over-estimate the importance of Nissan's deci-1 sion to the average Tennessee family." According to figures compiled (Turn to Page 18, Column 3) I.