The Tennessean du lieu suivant : Nashville, Tennessee • Page 19

Nixon Choice Recall Asked By EDMUND WILLINGHAM TENNESSEAN Washington Bureau WASHINGTON Rep. Benjamin Rosenthal, said yesterday that President Nixon should reconsider his appointment of Tennessee-native Willie Mae Rogers as a consumer affairs adviser. Rosenthal said President Nixon probably never met Miss Rogers, a native of Jackson and Graduate of Union University. He said the President probably approved her as "keeper of the seal" reference to Good Housekeeping seal, issued by Good Housekeeping Institute, of which she is director. Miss Rodgers could not be reached for comment.

BUT HE said that Good Housekeeping lawyers could not tell a consumers sub-committee he heads of any products rejected after applying for the seal except liquor and contraceptives, not advertised by the magazine. He said a product must be advertised in the magazine to qualify for the seal. He added if the product's advertising budget was increased, the advertising of the product in the magazine had to be increased also SO that the magazine's portion of the advertising budget remained constant. asked if Rosenthal the only rereporter, quirement for obtaining the seal was advertising in the magazine. "I AM suggesting precisely he said.

Rosenthal said the magazine continued to advertise with the seal products declared unsafe by the Food and Drug Adminitration. However, he declined to name those products. FDA said it did not know what the congressman had in mind. He said Good Housekeeping had issued a seal of approval, but that in 1941 the Federal Trade Commission issued a cease and desist order because of inadequate testing. He said the magazine's seal is now a guarantee.

If a purchaser is dissatisfied with a product bearing the seal, he said, he can complain and may get his money back. He said the institute paid out 23 claims a month in 1968, but rejected of the claims. ROSENTHAL SAID it was contrary to human nature to serve two masters and that Miss Rogers could not recommend how well a government agency is doing for the consumer when the products regulated are the magazine's advertisers. He said he thought Nixon would re-examine the appointment when he had full information. He said he thought Nixon had hired her because as "keeper of the seal, cleaner of the Washington Monument, Mrs.

Clean" her credentials were irrefutable. Miss Rogers will evaluate the job the government is doing in protecting the consumer. She will continue her salary with Good Housekeeping, but will work for the government full time. Ron Ziegler, presidential press spokesman, said her task might take 90 days. From the government she is accepting only expense SHE IS not a replacement for Betty, Furness, the consumer advisor in the Johnson administration.

Rosenthal criticized her for refusing to disclose her salary from Good Housekeeping. He said the post is not subject to Senate confirmation, but that she should make public her salary and assets. He said she opposed the truth-in-packaging act in testimony Feb. 18, 1966, in New York. He quoted her as stating that she did not think the entire bill was needed.

He said the sub-committee talked with Good Housekeeping lawyers about three weeks Mrs. T. H. Malone Ill Services Today Services for Mrs. Thomas H.

Malone III, of the Sterling Court Apartments, will be 10 a.m. today at Christ the King Catholic Church. Burial will be at Mt. Olivet Cemetery. The body is at Finley Dorris and Charlton Funeral Home.

A native of Nashville, Mrs. Malone died yesterday in Madison Hospital after an illness of six weeks. She was graduated from the old Ward-Belmont High School and Vanderbilt University. The former Miss Trabue Rankin, she was a member of Delta Delta Delta Sorority and was married in 1938. Her husband died in 1959.

She was a member of the Junior League. Survivors include a son, Thomas H. Malone IV, Nashville; a brother, William Porter Rankin Nashville; a stepbrother, James Robertson Jr. Knoxville, and a granddaughter, Miss Lisa Michelle Malone. Death Notices CONNER, Mrs.

Nettie Straightway, Friday evening, February 14, 1969, at a local infirmary. Survived husband, Cecil E. Conner; four daughters, Mrs. Rachel C. Hillman, Gate City, Mrs.

Carl Haddix, Amherst, Ohio, Mrs. Roger C. Van Steenkiste, Downey, Mrs. Edward T. Koch, Tampa, two sons, James D.

Conner, Ray E. Conner, both of Nashville; 14 grandchildren. Remains rest at the funeral home of Phillips Robinson Company, where funeral services will be conducted Monday morning at 11 o'clock. Interment Spring Hill Cemetery. PHILLIPS ROBINSON Directors.

DENNEY, Mrs. Rosie-Age 66 years. February 13, 1969, at a local infirmary. Survived by husband: James H. Denney; sons: Van Elmer and Harold Pippin; daughter: Mrs.

Dorothy M. Elliott; sisters: Mrs. Minnie Pryor, Mrs. Lucille Miller, Mrs. Daisey Graves, Mrs.

Denney Smolding, Mrs. Della Padgett, Mrs. Willie Lou Pippin; brothers: George and Demas Fults; 7 grandchildren; 2 children. Remains at Elgreat Funeral Home, 2627 Nolensville Rd. Leaving funeral home Sunday 11:30 for New Hope Baptist Church at Westmoreland, Tenn.

where funeral services will be conducted at 2:00 p.m. Sunday. Pallbearers: Robert Thomas, Earl Miller, Raymond Elliott, Will Pryor, James Henley and Polk Fults. Interment New Hope Cemetery. ELLIS FUNERAL HOME, Directors.

EATON, Henry Garfield 1908 Holly February 14, 1969. Survived by wife: Mrs. Lois Bain Eaton; mother: Mrs. Willie Sue Eaton, Jackson, Tenn; 1 step-daughter: Mrs. Ireland Edwards, Ball Ground, 2 step-sons: David Bain, Berkeley, James E.

Bain, Boston, 1 stepgrandson: Ian Alan Bain. Remains rest at the funeral home of Phillips-Robinson where funeral services will be conducted Monday afternoon, February 1 17 at 1:00 o'clock. Rev. Harold Sorrells will officiate. Interment National Cemetery.

PHILLIPS-ROBINSON Directors. MALONE, Mrs. Marianne Ran- kin--Widow of the late Thomas H. Malone, III. Friday morning, February 14, 1969, at a local infirmary.

Survived by son, Thomas H. Malone, IV; granddaughter, Lisa Michelle Malone; brothers, James Robertson and William Porter Rankin Jr. Remains are at Finley Dorris Charlton, West End at 25th Ave. Requiem Mass at Christ the King Church Saturday morning at 10:00 o'clock. Pallbearers will be Lawrence Trabue, James Cheek James Cheek III, John R.

Jackson, G. Frank Cole Rev. William T. Steele, Charles Trabue Thomas M. Trabue, Paul Clements and Joseph Martin, Sr.

Interment Mt. Olivet Cemetery. FINLEY DORRIS CHARLTON. RUSKIN, Louis 1117 Sunnymeade Drive, Friday afternoon, Feb. 14, 1969.

Survived by wife, Mrs. 'Ola Green Ruskin; sons, Bobby Lewis Ruskin, Gary Lee Ruskin, Donald Wayne Ruskin, all of Nashville, Oscar Ruskin of Philadelphia, stepson, Lynn Hunt of Nashville; sister, Fannie Ruskin of Connecticut; brother, Jack Ruskin of Philadelphia; seven grandchildren. Remains rest at the funeral home of Phillips-Robinson Co. 2707 Gallatin Road. Complete arrangements will be announced later.

PHILLIPSROBINSON FUNERAL HOME, Hendersonville Chapel, 824-6513. SIMMONS, Mr. Arthur Lester610 Rosebank Friday morning, February 14, 1969. Survived by wife, Mrs. Beatrice Pugh Fite Simmons; Atlon Simmons, Miami, step-daughter, Mrs.

Ray W. Maxedon, Columbia, grandchildren, Stephen Simmons, USN, Vietnam, Gary, Don and Susan Maxedon of Columbia, step-mother, Mrs. J. W. Simmons, Chattanooga; two half-sisters, Mrs.

Eve James. Chattanooga, Mrs. LeMar Whitehead, Smyrna, half-brother, Huber L. Simmons, Ware Shoals, S.C. Remains rest at the funeral home of Phillips-Robinson where funeral services will be conducted Sunday morning at 10:00 o'clock.

Dr. David W. Renaker will officiate. Interment: Salem Cemetery, Liberty, Tenn. PHILLIPS ROBINSON Directors.

Thoughtfulness Cosmopolitan takes care of everything I COSMOPOLITAN FUNERAL HOME 2505 West End. Ave. THE NASHVILLE TENNESSEAN, Saturday, Feb. 15, 1969 19 Death Notices OGLESBY, Mrs. Viola -Mother of St.

Eli Primitive Baptist Church, Wednesday morning. Feb. 12, 1969. Residence 91 Green Street. Survived by devoted neices, Mrs.

Maggie Epps, Mrs. Gertrude Morton. Mrs. Margaret Franklin, and Mrs. Mary Miller; 10 grandchildren; 11 great-grandchildren; daughter Mrs.

Eddie grandaughterin-law, Mrs. Phyllis Woods; devoted friends, Dr. and Mrs. Robert Bogle and family: numerous other neices and nephews. Visitation with the family on Friday, February 14, 1969, from 8:00 until 10:00 p.m.

at the St. Luke Primitive Baptist Church, 135 Lewis St. Funeral services Saturday at 11:00 a.m. from the above Church, Elder L. Mooney, Rev.

W. E. Jasper, Rev. Brooks, and Rev. Cannon officiating.

Flowerladies: Mothers Board. Pallbearers: nephews. Interment: Greenwood Cemetery. WILLIAM GUNTER AND SONS, funeral directors. PATTON, Mrs.

Hattie Dean (Auntie) Of 1120 3rd Ave. So. entered into rest Tuesday, February 11, 1969. Survived by husband, Mr. Arthur Patton; son, Mr.

Thomas C. Orr of Nashville; brother, Mr. Arthur Brooks of Shelbyville, three sisters-in-law, Mrs. Annie Brooks of Shelbyville, Mrs. Lillie Jasper and Mrs.

Catherine Patton of Franklin, two brothersin-law, Mr. Dave Patton and Mr. Penny Jasper of Franklin; three nieces, Mrs. Mary E. Tillman, Mrs.

Josephine Perry and Mrs. Hattie M. Greene all of Nashville; two nephews, Mr. Henry Tillman and Mr. Edward Tillman Sr.

of Nashville. Four great nieces, Miss Sandra Tillman, Mrs. Margarette Water of Nashville, Mrs. Barbara Wilson and Nancy Cooper; six great nephews Mr. Thomas W.

Jordan of Providence, R. Mr. Robert Jordan of Nashville, Pfc. Edward Tillman Jr. and Sic.

Son E. Jordan of Vietnam, Mr. Tommy Tillman and Randy Tillman of Nashville; thirteen great great neices and nephews; daughter-in-1 a Mrs. Annie M. Orr.

Other nephews, Mr. Will A. Patton of Indianapolis, Mr. Clarence Greene of Nashville, Mr. Richard Perry and Mr.

Samuel Waters. Other neices, Mrs. Ethet Tillman, Mrs. Mildred Tillman, Mrs. Charline Jordan of Nashville and Mrs.

Lillian Jordan of Providence, R. I. Dear friends Mrs. Katie Thompson, Mr. Contez Corley, Miss Sue Moore, Mrs.

Elizabeth Batey, Mrs. Bertha Trains, Mrs. Mamie Lesley, Mrs. Katie Lanier, Mrs. Mary Clark, Mrs.

Louise McCord, many other relatives and friends. Remains repose at Wright's Funeral Home where family will receive friends this Friday 8 til 10 p.m. funeral Saturday 11 a.m. from Seay Hubbard Memorial Methodist Church conducted by her pastor Rev. J.

L. Moon and Rev. J. R. Gray.

Eulogy: Rev. L. Randolph of Louisville, Ky. Flowerladies selected from friends, Pallbearers employees' of H. G.

Hill Co. and friends. Interment Mt. Ararat Cemetery. WRIGHT'S FUNERAL HOME, 255-8735.

SMITH, Paul Sidney--Thursday morning, February 13, 1969, at a local infirmary. Survived by wife, Mrs. Zona Buckner Smith; sister, Mrs. Mildred George, Franklin, brothers, Buford B. Smith, Columbia, William H.

Smith, Spring Hill, and Ernest L. Jones, Memphis. Remains are at the chapel of Pettus, Owen Wood, 4506 Charlotte Ave. Funeral services will be held at West Nashville Cumberland Presbyterian Church Saturday afternoon at 2:00 o'clock conducted by Rev. Vaughn Fults.

The following will please serve as pallbearers: Honorary: Members Kingmen's, Bible Class, of West Nashville Cumberland Presbyterian Church, members of West Nashville Civitan Club, Dr. S. W. Ballard, L. C.

Langford, Thurston Cox, Eugene Bryant, Marshall Kinkaid, Robert Bassee, Clarence Mayes, Andrew Greer, Willie B. Pinkerton, Wesley Tripp. Newell Pinkerton, Robert Pinkerton, Archie Greer, Caroll Hatcher, Cliff Linton, H. D. Martin, Victor Forte, Woodson Miller, Henry Nichols, Mance Tidwell, Robert Patterson, and Fred Herndon.

Active: Buford Wayne Smith, Gary Smith, Eugene, Charlie and Jimmy Brownlee, James Buckner, James Pomroy, Meredith Herndon and Lt. William Buckner. Interment, Woodlawn Cemetery. PETTUS, OWEN WOOD, 292-3392. WADE, Mr.

William T. At a local hospital, February 10, 1969. Husband of the late Kay B. Wade; father of Mrs. Jean Wade, Riley, several nieces and nephews.

Prayer service Monday 11:00 a.m. Mausoleum: Spring Hill Cemetery, with Rev. Thomas C. Barr, Entombment: Spring Hill Cemetery, by COSMOPOLITAN FUNERAL HOME. Death Notices Out Of Town Murfreesboro, Tenn.

ago because it was trying to corral sources of information on products so the consumer would be well informed about purchases. He said the magazine spends $1 million a year testing products. DIAL 291-0118 WORD'S OF Recorded HOPE Messages Faith and Reverence WOODLAWN FUNERAL HOME 6 MEMORIAL PARK A Kindness That Is Always Appreciated A BEREAVEMENT TRAY only at ZAGER'S WEST END 291-4592 291-9839 Death Notices SON Directors. BURKITT, Howard Overton 202 Gray Madison. Fri- BROWN, Edward Nunn 4036 West 23rd Cleveland Ohio.

Thursday morning, February 13, 1969. Survived by wife: Mrs. Bea Brown; 4 daughters: Mrs. Shirley Hardin, Huntsville, Mrs. Carol Lee Brown, Kathy and Sherri Brown, Cleveland; son: Sherman Brown, Donelson; 4 sisters: Mrs.

George Leslie, Ashland City; Mrs. Sam liams, Nashville, Mrs. L. W. Tabor, Hendersonville, and Mrs.

M. A. Wallace, 2 brothers: Fred H. Brown and Earl E. Brown, both of Nashville; 4 grandchildren.

Remains rest at the funeral home of Phillips-Robinson where funeral services will be conducted Monday morning at 9:00 o'clock. Rev. Hiram LeMay will officiate. Nephews will serve as pallbearers. Interment National Cemetery.

PHILLIPS-ROBIN- day morning February 14, 1969, at Baptist Hospital. Survived by wife, Mrs. Julia Burkitt; 1 son, John Howard Burkitt, both of Madison; 2 daughters, Mrs. Susan Marie Pendergrass and Mrs. Sandra Lynn Billington, both of Nashville; mother, Mrs.

Mary Burkitt' Morgan, Lebanon; 2 grandchildren. The remains are at Madison Funeral Home, 219 Old Hickory where funeral will be conducted Saturday, February 15, 1969, by Clifford Owen. Honorary Pallbearers: Officials andi Employes of Gates Rubber Dr. John Tudor, Dr. Ira North, James Bridgeman and Members of his Sunday School Clas.

Active: Don Rosso, John Taylor, Tom Irwin, Gerald Williams, Joe Womack, Harold Tinhouse and Joe Perryman. Interment Spring Hill Cemetery. MADISON FUNERAL HOME, Directors. 895-3341. HUNTER, MRS.

MATTIE Thursday Feb. 13, 1969 at her home 519 Bishop Street, Ridgely, Tennessee. Survived by sisters, Mrs. Alma Cheatham and Mrs. Sarah Phifer; nephew, Terry Young all of Nashville.

Funeral Sunday at a.m. at the Church of God in Christ in Tiptonville, Tennessee. Communications may be sent in care of the H. H. Hudson Jr.

Funeral Home 625 Cheatham Street, Dyersburg, Tennessee. This is a courtesy of PATTON BROTHERS FUNERAL HOME. LEIGH, Mr. Charles Benjamin -Friday, February 14, 1969, at a local infirmary. Survived by daughter, Mrs.

Ethel Burroughs, Nashville; sister, Mrs. Minnie Bracy; brother, Walter Harris, both of Ashland City; grandson, Bobby Burroughs; Mrs. Sharon Horton, Mrs. Trimble Beasley; great grandsons, Timothy Leigh Burroughs and Thomas Randall Burroughs. Remains are at the chapel of Pettus, Owen Wood, 4506 Charlotte Ave.

Funeral services will be held at Cofer's Chapel, Free Will Baptist Church, Monday morning at 11:00 o'clock, conducted by Revs. Eugene Waddell and J. L. Welch. The following will please serve as pallbearers; Honorary, Larry Starks, Willie Morris, Vernon Hudgens, John Wren, Claude Burroughs, Fambrough, Jarman Goodman, Jack Blankenship, Ernest Nicholson, Woodrow, J.

Russell, Jackie, Homer, and Claude Harris; Active: Bill Hudgens, Kenny Davidson, H. A. Pilkerton, Billy Ray Harris, J. B. Chandler, James Pace, J.

S. Gardner and Willie Owens. Interment, Spring Hill. PETTUS OWEN WOOD, 292-3392. BROWN, Mr.

Si Willie-Febru11, 1969, at a local hospital. Survived by a dear uncle, Mr. Eth Wade; several cousins and other relatives and friends. The body reposes at the Hellums Funeral Home, where friends may visit with the family from 7 p.m. until 9.

Funeral services, 1 p.m. Sunday, February 16 at Little Bethel Walter Hill Church, conducted by his pastor, Rev. R. L. Evans, and Rev.

Willie Alsup. Interment: Walter Hill Cemetery, HELL UM FUNERAL HOME in charge, 611 Highland Avenue, Murfreesboro, 893-4323. Gallatin, Tenn. Mrs. Carrie L.

Desport cuts her 100th birthday cake while her three great-grandchildren cagerly await the first slice. Mrs. Desport was given a birthday party Friday at the Medicenter, 1415 21st where she is recuperating from major surgery two weeks ago. Watching the cake cutting: are Terry, Eddie and Gary Lee. All of Mrs.

Desport's relatives the party last night and said they were looking forward to another party next attended year. Dummy Firms Set Up, Flowers Jury Told BIRMINGHAM (AP) A fendant in an extortion conspirtrial set up two companies which never actually did business, a former close associate testified in federal court yesterday. John H. Coppage of Helena, a service station operator, said he was president of the Pan American Public Relations and Advertising Co. Miami, and as vice president of United Indemnity Public Rela- -Staff photo by J.

T. Phillips Looks Forward to 101st de-itions and Advertising Agency, also of Miami. Coppage said the firms were formed by Oscar Hyde but that neither company was set up to -do any business. He said he never made any trips to Miami from Alabama for business purposes, but only for "personal reasons." COPPAGE'S testimony came shortly before the trial recessed for the weekend during an early High Court Upholds 5 Death Sentences By JOHN HAILE Death sentences for five Shelby County men convicted of raping two teanage girls in 1964 were upheld yesterday by the Tennessee Surpreme Court. The Negro men, who have been on death row at the state penitentiary, scheduled since to be September electrocuted Jan.

12, 1970. THE COURT also upheld the 99-year sentences of two other Shelby County Negroes convicted in connection with the same case. Charles Hunter, Franklin Wright, Ulous Harris, Earl Foster and Garfield Huston were sentenced to die by Shelby County Criminal Court Judge Preston Battle in February 1966, after a one-month trial. Elester Benton and Edgar Williams Jr. were given 99-year terms.

Justice Allison B. Humphrey dissented in upholding the convictions of Williams and Harris. Justice Larry B. Creson, writing the majority opinion, called the case, "one of the most heinous mass rapings the court has had the displeasure to consider." THE RAPE occurred in a secluded area of North Memphis where the girls and their dates had parked after going to a movie. While parked, a car pulled in front of them, blocking their exit, and several youths jumped out and pulled them from the car.

Some of youths sexually assaulted the girls, ages 16 and 14, while the others held the victim's dates on the ground. Eleven men were indicted in connection with the rape. The prosecution did not pursue charges against one, two were acquitted and one was later granted a new trial. The seven men appealed their convictions, contending: Their constitutional rights were, voilated by being tried together. They were denied due process by being afforded a preliminary hearing.

That confessions were improperly admitted into evidence. That it was improper for the jury to be permitted to infer from the silence of certain defendants, in the face of accusation, the truth of the accusation. That error was committed in refusing allow defendants access certain preto trial statements and notes of state witnesses. excessive That the to judgments indicate were so as passion, prejudice and unaccountable caprice on the part of the jury. In affirming the convictions, the court held that it would have been "impossible" to grant each defendant a separate trial without violating the BROWN, Mrs.

Naomi SpiveyAge 80, at Gallatin Nursing Home, Friday, Feb. 14, 1969. Survived by one sister, Mrs. William Caprenter, Cottontown. Remains are at Alexander Funeral Home where prayer services will be held Saturday, Feb.

15, at 10 a.m. Funeral services will be held at 2 p.m. Saturday at the Haydenburg Church of Christ conducted by Brother J. B. Gaither.

Interment will be i in Clark Cemetery, Jackson County. ALEXANDER FUNERAL HOME, Gallatin. Farmington, Conn. legal argument between opposing attorneys. U.S.

Dist. Judge Clarence W. Allgood said he wanted time to examine the law concerning the legal debate. Hyde is on trial along with former Atty. Gen.

Richmond Flowers and Joe Breck Gantt, former assistant attorney general, on charges of conspiring to extort money from firms and individuals doing business in Alabama. The trial enters its fourth week Monday. In his testimony yesterday Coppage identified Hyde as the organizer and man behind several corporations which have figured in earlier testimony about alleged forced payments to get stock issues approved! when Flowers was attorney general. PAN AMERICAN was the company to which the former president of Alabama Factoring land Finance Co. said he was forced to pay $6,000 under a "public relations" contract arranged by Hyde in order to get approval from Flowers' office to sell stock in Alabama.

Other testimony was that a $2,500 check from Pan American was deposited to Flowers' personal account. United Idemnity was the companv to which Nolan C. Aspinwill of Birmingham said he paid $75,000 also for "public relations" for what he said was Hvde's promise to get a stock issue cleared through Flowers' office and other services. Mrs. Mary Hill Burial in Virginia Burial for Mrs.

Mary Elliott Hill, 62, former Tennessee State University faculty member, will be today in Norfolk, Va. Services for Mrs. Hill, wife of Carl H. Hill, president of Kentucky State College in Frankfort, were held yesterday on the Kentucky State campus. A native of Norfolk, she died Wednesday in King's Daughters Hospital in Frankfort.

Mrs. Hill land her husband had recently returned to Frankfort from a trip to England. Dr. Hill, a member of the board of directors for the Presbyterian Board of Missions, had visited Nashville frequently with his wife since they moved to Frankfort several years ago. A graduate of Virginia State College, Mrs.

Hill earned her master's degree in science at the University of Pennsylvania and did additional study at the University of North Carolina and Massachusetts Institute of Technology. She had taught at Virginia State College and Bennett College before coming to Nashville, where she attended St. Andrews Presbyterian Church. Other survivors include a daughter, Mrs. Doris Hill McGee, Cleveland, Ohio, and two brothers, Percy Norfolk, and Boaz Elliott, New York.

Phone Listing Deadline Feb. 21 Feb. 21 has been set as the deadlines Nashville for corrections telephone in direc- the tory, W. W. Young, South Central Bell's Middle Tennessee division manager announced yesterday.

Young said correction or additions to listings must be in the hands of the business office on this date in order to get into the book. Printing is scheduled to begin on Feb. with distribution set to start on April 10. FRYER, Frances February 13, 1969 in Farmington, Connecticut. Miss Fryer is formerly of Nashville and a counselor for many years with the employment security for the state of Tennessee.

Survived by sister, Mrs. Howard W. Buckley 'of Unionville, Connecticut; brother, Henry Fryer of Nashville. Memorial services Sunday at 2.00 p.m. at the Memorial Methodist Church, Unionville, Connecticut.

Burial at the convenience of the family in Nashville. Memorial donations may be made to the Building Fund of the Memorial Methodist Church in Unionville, Connecticut. JOHN A. HANGEN FUNERAL HOME of Unionville in charge of arrangements. Franklin, Tenn.

rights and interests of other defendants. The court also ruled that the preliminary hearing is not a "critical stage" in criminal proceedings under Tennessee law and that such a hearing is not essential to due process. OTHER contentions were dismissed grounds that the criminal court acted properly and the penalities were within limits fixed by state law. In dissenting, Humphrey said Williams and Harris were convicted with "no competent, legal evidence of their guilt. He said Williams was not identified by any of the victims and no evidence was presented to show that he was even present.

He said the evidence offered was that someone repeatedly used the letters "S.H." to refer to one of the attackers and that, later, a witness called Williams "Sonny Hooker." "The last bare drop of justice has been wrung out of appellate hearing if this is to be accepted as a circumstance sufficinet to support a 99-year conviction," Humphrey said. HE SAID the evidence used to convict Harris was "two ambiguous circumstances that would not ordinarily sustain a conviction for stealing a package of cigarettes." He cited evidence that Harris was at ease when arrested and later became stiff when taken into a room where the other men wgere, stating, "Oh my God." The Supreme Court's ruling brings to light once again the controversial question capital punishment in Tennessee. Bills to repeal capital punishment have been introduced in each legislative session since 1963. In 1965, such a bill failed by one vote. tA present, eight men all Negroes are on death row awaiting electrocution.

One is scheduled to die in the next few months, according to warden Lake Russell. The electric chair has not been used since 1960, however, when a Knoxville Negro, 37, was executed for the rape of a white woman. Gov. Buford Ellington and Frank Clement have stayed all executions since Clement's first effort for repeal of canital punishment failed in the legislature Really Well-Born BHOPAL, India (AP) India can boast of a well-born child in the literal sense of the term. Unable to bear labor pains, a pregnant woman in a nearby village jumped into a shallow well, only to have, the child safety delivered there.

The mother came out smiling with her well-born child. HOLT, Leroy Jeff--Died February 14, 1969. Age 78. Survived by his wife: Lula Beard Holt; 4 daughters: Mrs. Ruby Johnson, Mrs.

Lenora Beard, Mrs. Robbie Adkins, Mrs. Gladys Johnson, all of Franklin; 4 sons: William Alonzo Holt, Allen Junior Holt, Franklin; Leroy Walter Holt, Thomas Benton Holt, Thompson Station; 35 grandchildren; 19 great-grandchildren. Remains are at the residence, Franklin, Rt. 6.

Graveside services will be at 2:00 p.m. Saturday by Herbert A. Robinson. Grandsons will serve as pallbearers. Burial will be in Holt Cemetery.

FRANKLIN MEMORIAL CHAPEL, 794-1512. Lebanon, Tenn. MASSEY, Mr. Ray Age 51. Early Thursday night, February 13, 1969, at a local hospital.

Survived by wife, Mrs. Beula Murphree Massey; 1 daughter, Miss Linda Gail Massey, Lebanon; 3 sisters, Grant Dedmon, Mrs. Robert Nixon, both of Lebanon; Mrs. Hooper Fite, Garden City, 1 brother, William M. Massey, Signal Tenn.

Remains are a at Nave's East Side Chapel where funeral services will be held 2:00 o'clock Saturday afternoon, conducted by Bro. W. K. Johnson. Friends will serve as pallbearers.

Interment Wilson County Memorial Gardens. NAVE's EAST SIDE CHAPEL, Lebanon. Dickson, Tenn. McELHINEY, Mr. William Gardner, Age 73 years.

At 11:00 p.m. Thursday February 13, 1969, in a Dickson Hospital. Survived by, wife: Mrs. Lucie Brazzell MeElhiney of Dickson; 4 sisters: Mrs. Jane Lynch, Mrs.

Hannah Bailey, and Mrs. Allie Lecomte, all of Tennessee City; Mrs. Zettie Brazzell, Dickson; brother: Sam McElhiney, Tennessee City. The remains are at Dickson Funeral Home where funeral services will be held at 2:00 p.m. Saturday, February 15, 1969, conducted by Bro.

Alfred T. Moye and Bro. Roland C. Petrowski. Interment in McElhiney Cemetery.

Arrangements by DICKSON FUNERAL Dickson, Tenn. Murfreesboro, Tenn. ROBINSON, Tywanta February 13, 1969 in Vanderbilt Hospital, Nashville. Age six months. 605 Hancock.

Survived by parents, Ben H. Robinson; three brothers, Ben Terry, Steve; seven sisters, Theresa, Linda, Caroline; Karen, Tracy; grandmother, Mrs. Sally Robinson, Rt. 1, Readyville; a host of other relatives and friends. Prayer service Sunday, February 16, 1969 at 11 a.m, at Scales Chapel.

Interment: Benevolent Cemetery. H. PRESTON SCALES AND SONS Funeral' Home, Murfreesboro, Directors..