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The Republic from Columbus, Indiana • Page 1

The Republici
Columbus, Indiana
Issue Date:
Extracted Article Text (OCR)

Texas Air's finances under investigation A10 a East, North EAST both win B1 THE REPUBLIC Columbus, Indiana April 14, 1988 Fox's lawyer contends justice wasn't served By Susan Ehlers The Republic SCOTTSBURG Attorneys agree a jury's decision to convict a Bartholomew County man in the murder of his girlfriend was a test of justice. Whether it is a positive mark for the system is still a point of contention. A Scott Circuit jury of eight men and four women, taking almost six hours to deliberate last Thursday, found Larry D. Fox 39, guilty of murder in the March 1986 drowning death of Joyce L. Beyers, 32, of Route 13 Bedford.

THE VERDICT, WHICH triggered an emotional display from Fox's wife of 11 years, was brought almost solely on the basis of circumstantial evidence surrounding Beyers' death on Hardy Lake. Despite marriages to two other women, Fox had pursued a relationship with Beyers, whom he met in 1971. Their teen-age son is the focus of an ongoing custody battle between Fox and maternal relatives in Bartholomew Juvenile Court. Scott County Prosecutor Roger Duvall, the first to acknowledge the absence of direct evidence, believes the outcome of the case is proof that the system works. He noted a Scott County grand jury was given the option to indict Fox after a six-month investigation and did so in February 1987.

"I THINK IT'S AN example of the grand jury system at its best," said Duvall, indicating he believes an indictment was legally firmer than any decision that could have been made by an elected official. "I think the way it (the case) was presented was fair to the defendant and the state of Indiana itself," he said of the week-long trial. Fox's Franklin attorney, Russell Johnson, disagrees. "I don't think justice was served," Johnson said Wednesday. The Republic photo by John Sheckler Making tracks The 90 members of the Central Junior High School girls track The daily eight-block trip crosses several busy streets, and a team make their way from the school to the practice field.

railroad track. Resident opposes bridge Woman says project would harm farmland By Jon Gard The Republic The only person who objected Wednesday to a proposed bridge over the Flatrock River claims the project would turn her 150-acre farm into a marsh. Esther Legal sald the project would disrupt drainage of the flood plain and fill her property with river water during storms. She was the only person to oppose the $1.5 million project during a design hearing sponsored by the Indiana Department of Highways. "I DISAPPROVE OF this completely," Legan told the panel of highway, officials.

"It's not just my ground you're messing up, it's the whole flood plain." The so-called "preferred alternate" would span the Flatrock River north of Road 800N. It would replace the aging Steenbarger located 400 feet south of the proposed crossing. The only other public comment came from Bartholomew County Commissioner Marvin Finke and Larry Hoeltke, a property owner. Finke sympathized with Legan but Weather Data, Page A15 Tonight: Mostly clear, cold Low in lower 30s Tomorrow: Mostly sunny High 50 to 55 He stressed again his intent to appeal the case on the basis the judge and jury failed to follow the law on circumstantial evidence. "I DON'T THINK THERE was sufficient evidence for a conviction.

It's my position there's an innocent man in jail," said Johnson, who tried twice, unsuccessfully, to convince Scott Circuit Judge James Kleopfer to direct a verdict to the defense before the case went to the jury. Johnson and Fox's co-counsel, Kerry Thompson of Scottsburg, repeatedly turned to the law on circumstantial evidence, contending the close of the state's case that Fox had not been proven guilty beyond a reasonable doubt. "The law on circumstantial evidence instructs that a defendant cannot be convicted unless circumstances of the crime are 'wholly in(See FOX, Back Page of Section) Arvin goal: innovation New products top priority By Joseph B. Gill He cited: The Republic Development by Schrader AuInnovation of tomotive of an on-dash warning sysnew products continues to be the for tem to alert drivers to tire pressure top priority problems. Interest from auto Industries facturers manugrowth at Arvin has been shareholders were told at this morn- very encouring's annual meeting.

aging, he. said. Chairman James K. Baker told The new ArvinAir line of those gathered at Columbus North 'Alert Heaters," including special High School auditorium that Arvin's safety features, has been Arvin's success will depend on its ability to most successful new launch ever. be competitive in global markets.

Advanced Anthropomorphic L.K. EVANS, president and chief Manikin, developed by Arvin's newoperating officer, talked about in- est acquisition, Systems Research ternational initiatives, internal in- Laboratories, provides valuable reand search about human characteristics tegration competitive perform- of at Arvin. movement. ance Haren B. Thakor, chief financial On-board vapor recovery sysofficer, reviewed 1987's record- tems, now under development at setting operating results, new Arvin North American Automotive, financings, the stock repurchase soon may be required on automoprogram, Arvin's five-year per- biles to control harmful fuel vapors formance pattern and the financial that now escape into the atmosphere aspects of the restructuring pro- at each refueling of a car.

gram. In his New stereos, designed by presentation, Baker said Arvin Electronics to appeal to the company's ability to compete European consumers, have resulted will be boosted by the new products in important orders from new mass the company is producing and developing. (See ARVIN, Back Page of Section) Rights group honors Whaley From Staff Reports Larry Whaley, president of the Columbus chapter of the NAACP, has been named winner of the 1988 William R. Laws Human Rights Award by the Columbus Human Rights Commission. He was LARRY WHALEY chosen for the award because of his efforts in promoting human rights, according to the commission.

He helped to re establish the Columbus Chapter of the NAACP, which has had increased membership under his. leadership. "AS PRESIDENT of the local NAACP chapter, he has worked very hard to keep the lines of communication open between the at $1.2 million using 80 percent federal funds and 20 percent local funds. A roadway west of Road 100E will cost an estimated $280,000 and will use 75 percent federal funds and 25 percent local funds. THE WORK WEST of Road 100E he done in years or more after the eastern portion is completed.

Officials say hills and curves on Road 800N would be "softened" to provide 40-mph design speeds while minimizing the right-of-way impacts on farm fields. The new four-span bridge would be about 405 feet long and 30 feet wide, compared to the existing bridge which is 17 feet wide and has a vertical clearance of 15 feet. The existing Steenbarger Bridge A serves about 600 vehicles per day and has a posted weight limit of 12 tons. The new bridge would have a 54-inch prestressed-concrete I-beam. Written comments on the proposed new bridge and road can be to submitted for two more weeks to the Hearings Examiner, Room 1105, Indiana State Office Building, 100 N.

Senate Avenue, Indianapolis 46204- 2249. NAACP, City Hall and the Human Rights Commission," read a letter of nomination. "He exemplifies high moral character, and does this in many contributions and services to the community," the nomination THE AWARD WILL be presented at the Human Rights Annual Dinner April 25, where Dr. Arthur Flemming, former chairman of the U.S. Civil Rights Commission, will be keynote speaker.

Special recognition awards will be given to Whaley's Jeanette, and Paulette Roberts for their curriculum, "Seeds for Progress," and to the county commissioners for working toward improving accessibility for the handicapped. THE DINNER WILL be at 6:30 p.m. in City Hall. Reservations are $10, and may be made by calling the Human Rights Office, 376-2532, by Monday. Police chase three into jail 100E Phase 2 Phase Road 1800N New bridge Line Flatrock Old River bridge Base supported the project.

And Hoeltke said he wanted abutments from the existing bridge left in place to slow the river, and protect a riverbank along his property. NO RELOCATIONS are involved, but 11.5 acres of right of way would be purchased under current plans. A two lane road leading to the new crossing from the east would cut through Legan's farmland. "We spent time and money bulldozing a waterway through there, and we're going to end up with marsh property," Legan said. Cost of the bridge and approach work east of Road 100E is estimated Area Deaths Wisconsin man, Cincinnati youths face multiple charges Page A14 Edward J.

Pence, 58, Woodside Drive. Mabel E. Burkholder, 79, Taylor Road. Ida F. Smith, 89, Elizabethtown.

Index Erma Classifieds. Dear Abby. Entertainment Markets Obituaries Sports Weather 1988 The Republic Kiel Oil exec dies From Staff Reports Edward J. Pence, vice president of Kiel Brothers Oil Co. of Columbus, died at 1:54 p.m.

Wednesday in the Bartholomew County Hospital emergency room after becoming ill while playing golf at Harrison Lake Country Club. He was 58. Pence, of Woodside Drive, had worked for Kiel Brothers 23 years. FUNERAL SERVICE will be conducted by the Rev. Joseph N.

McNally at 11 a.m. Saturday at St. Columba Catholic Church. Burial will be at Garland Brook Cemetery. Calling will be 4 to 8 p.m.

today and Friday at the Myers Funeral Service Reed and Jewell Chapel. A prayer service is planned at 7:30 p.m. Friday at the funeral home. Pence, a Chicago native, attended Loyola University. He also worked for Pure Oil Co.

and Marathon Oil Co. He had been active in several state and local organizations, including the Indiana Oil Marketers Association, Marathon Jobber Council, Columbus Area Chamber of Commerce, Lake Knights of Columbus, Country Club and St. Columba Catholic Church. He was a former director of Columbus Pro Musica. PENCE, A U.S.

Army veteran of the Korean War, earned the Bronze Star. He was born July 5, 1929, in Chicago, the son of Edward Joseph and Geraldine Kathleen Kuhn Pence. He was married to Nancy Cawley on Jan. 14, 1956, in Chicago. She survives.

Also survivng are sons Edward P. Pence of Columbus, Gregory J. Pence of Chicago, Michael R. Pence and Thomas J. Pence, both of Indianapolis; two daughters, Anne J.

Pence and Mary Therese Pence, both of Columbus; five granddaughters, Nicole, Lauren, Emily, Jacqueline and Kelsey Pence; brother, Philip Pence of Chicago; and a sister, Jean Pence of Chicago. Memorials may be made to All Saints Catholic School. MICHAEL PENCE, a candidate for the U.S. House of Representatives, has announced that his campaign activities have been suspended for the remainder of the week. From Staff Reports, Three people are in custody today after two high speed chases on Interstate 65.

B4 B15 B5-6 B4-7 A10 A4 B1-3 USPS 4620-8000 Patrick M. Murray 18, and a 16-year-old boy, both of Cincinnati, were being held in Jackson County Jail after being apprehended by Indiana State Police. Murray was charged with theft, criminal recklessness and resisting law enforcement, while the 16-year-old was charged with possession of stolen property. Irwin Schwartz, 57, of Manitowoc, was being held in Bartholomew County Jail in lieu of $2,000 surety or, $350 cash bond on preliminary charges of driving while intoxicated, leaving the scene of an accident and on a felony charge of resisting law enforcement. He was apprehended after a chase into Shelby County and struggle with police.

DEPUTY KRAIG WEISNER responded to a report about 8 p.m. Wednesday of a possible drunken driver northbound on The suspect, however, refused to stop and the pursuit continued weaving and striking two road signs four miles into Shelby County. Once stopped, the driver struggled with the deputy and an Edinburgh police officer and later refused to identify himself or take a breathalyzer test. Car registration and computer checks helped identify him. The chase involving the youths began after the vehicle was reported speeding and reached speeds of more than 100 mph.

Several attempts to stop the vehicle with roadblocks proved unsuccessful but the youths were caught at a construction zone on the interstate eight miles north of the Indiana-Kentucky border. POLICE SAID THE youths were in a 1984 vehicle that had been reported stolen from Cincinnati. $12 PO.

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