The Morning News from Wilmington, Delaware • Page 3

Ik II' I I a i i.i i .118,1 JA Rep. dislikes county's lopsided boards The News Journal, Wilmington, Del. Saturday, Oct. 11,1975 3 Thief says fear made him do it i By Virginia Delavan Fear of the Black Muslims; made Gregory S. Payne go along on a Claymont liquor store holdup! that ended in the killing of a moon- lighting school teacher, Payne's lawyer said yesterday.

Payne, 24, who had faced a murder charge, was sentenced in Superior Court to 20 years for robbery. The state dropped the murder charge in return for his agreement to testify against three other suspects whom Payne's law II IW11 Gov. Sherman W. Tribbitt had breakfast yesterday with three winners in the Miss National Teen-Ager competition, who were in Dover to interest girls in participating in the contest this year. Representing' their states in the gubernatorial presence are, from right.

Bonnie Obright, 17. of Maryland, Elaine Johnson, 17, of Virginia, and Kim Hindsley, 15, of Windemere.Miss Delaware Teen-Ager. (Kevin Fleming Photo) Beauty with breakfast Woods Haven head quits public must view some decisions suspiciously when most board members come from the same political She said boards at the state level follow the principle of not allowing political lopsidedness, and "there's no reason New Castle County's boards should not offer better political balance. In a related matter, she took issue with statements by County Public Works Director Albert W. Madora on a proposed sewer in the Piedmont.

The Slawik administration has pushed for county construction of a major sewer line into the area. Administration officials say the septic systems that predominate in the area now are, in some cases, breaking down and threaten to pollute area water supplies. Madora had quoted a letter from N.C. Vasuki, state director of environmental control, in which Vasuki said that "the promotion of growth by means of septic systems is very poor planning for the future. Also the state is very much concerned about the contamination of the Cockeysville Aquifer" the area's deep underground water supply.

But Mrs. Worthen said yesterday that Vasuki's letter didn't refer specifically to a Piedmont sewer, and wa's only a general philosophical view. "Vasuki did not in fact, give any OK for a Piedmont sewer," Mrs. Worthen said. She said the state would have to grant a permit for any sewer, and only after public hearings.

Vasuki was out of state and could not be reached for comment yesterday. But Madora said that Vasuki's letter, while not mentioning the Piedmont by name, was referring to it. "That was the subject at hand," Madora said. And he said Vasuki told him that the state could order a moratorium on septic systems in the area if it becomes concerned enough with potential pollution problems in the region. ByBobWhitcomb Citing the New Castle County board of adjustment's controversial approval of the Penn Manor development, state Rep.

Sandra D. Worthen said she wants to bar appointive county boards from having "lopsided" political memberships. To do this, the Newark Democrat said she'll introduce a bill in General Assembly in January to require that county boards have no more than a majority of one from either major party. County, board members are appointed by the county executive with the assent of council. "Why doesn't she stick to state business and let the county run itself?" asked Gary Hindes, spokesman for County Executive Melvin A.

Slawik. State law allows the state to change New Castle County regulations with a simple majority of both houses and the governor's approval. Mrs. Worthen, whose district covers the Penn Manor area in the rolling hills of northwest Delaware, said she was "concerned" with the board of adjustment's approval of developer Mario Capa-no's variance for Penn Manor. The board has three Democrats, one Republican and one former Democrat recently turned independent.

Capano is a friend of Democrat Slawik, but Slawik's own law department opposed the variance on legal grounds. The variance would waive the half-acre minimum lot size requirement for the area mandated by the county zoning code. It has been fiercely opposed by area residents who don't want a big population increase in the largely rural and scenic area. A related concern of neighbors is a sewer line cleared by Slawik that Capano would build to serve Penn Manor. Residents are worried that such a sewer would open up that part of the Piedmont to wide-scale development.

Capano could only build on lots a half-acre or smaller if he gets a sewer line because of county sanitary regulations. Citing the board of adjustment's decision, Mrs. Worthen said "the Senate may From the Dover Bureau DOVER Gov. Sherman W. Tribbitt said yesterday he will probably call the Senate back into session within 30 days to confirm about 25 of his appointments to commissions and advisory councils.

The governor also said if there is general agreement on a malpractice insurance bill, a special session of the General Assembly may be called to act on the legislation. 111 iii vfrflii "tirl Lwmwbm Continued tram Page One "We managed to work out mutually an agreement which involved his changing some of his ways. He entered into the agreement voluntarily and since then has done some things in accordance with the agreement." Salerno said he and Voss disagree on "dealing with girls in the school. My philosophy is the development of more openness, less security and a more relaxed approach to dealing with girls." Salerno added, "As for fixed sentencing we are exploring the possibilities of fixing the period a juvenile stays in the bureau of juvenile corrections. Very simply put, does a petty shoplifter remain in custody longer than the burglar, all things being equal? A system of fixing the period or time would move us more to a justice model for dealing with kids." "It is my job," Salerno said, "to make sure things are run correctly, and when that is not done, it is also my job to make sure things are corrected.

For Voss to substantiate his charge that I interfere with him, he must provide specific examples." Clean-up The Optimist Club of Wilmington hopes its "Clean-up Awareness" program that begins Tuesday at noon will not be a 1-day affair. "We hope to receive help from businesses, youth organizations, civic associations, minority groups and other service clubs to keep this an on-going program," Anthony J. Salerno Rep. Al O. Plant, D-Wilmington, who has been critical of correctional institutions in the state, asked Paul W.

Keve, state commissioner for adult and juvenile corrections, to investigate. In his letter to Keve, Plant starts optimistically Con man spends 1st night in jail yer, L. Vincent namunno, says are Muslims. Ramunno said Payne is a non-Muslim, forced to go along, but not trusted enough to be given a gun for the May 5 holdup at Ridge Liquors, 315 Ridge Rd. Payne was still outside, the lawyer said, when Philip J.

Whiteman, 50, a Claymont High School teacher working part-time as a clerk, was shot to death. Three co-defendants, scheduled to go on trial Oct. 20, are Wilbur Johnson, 32, of Philadelphia; Clarence Hooks, 50, and ex-boxer Robert (Bobby) Golson, 20, both of; Chester, Pa. Another suspect' never was caught. Ramunno said there were "quite a few" Muslims in Payne's home-' town of Chester and in the plant where he worked.

A girlfriend left Payne to join the sect, the lawyer; said, and Payne himself was "attacked in open court" by a Muslin in Chester. When the others tried to enlist him in the robbery, Payne repeatedly said he didn't want to do it, but finally succumbed to fear of the Muslims, Ramunno said. Although Payne doesn't believe himself really guilty of robbery, he agreed to plead guilty because a jury might not have understood "this type of subtle force," Ramunno said. Payne could have gotten up to 30 years in prison. Ramunno urged that he be given only 10, but Judge 1 Bernard Balick followed the recommendation of Deputy Atty.

Gen. Peter Bosch for a 20-year; term. The prosecutor agreed Payne; hadn't been armed and had cooperated with the state. But he said all four men, including Payne, were entering the liquor store when the one in the lead shot Whiteman. At a hearing last month, bail; was set at $150,000 for Hooks and Johnson, and $100,000 for Golson, but none has been able to raise it.

They are being held at the Delaware Correctional Center near Smyrna, while Payne is imprisoned in the Sussex Correctional Institution in Georgetown. Wier wants tough policy on robbery There will be no more plea bargaining in Delaware for persons charged wtih lst-degree robbery, except in very special cases, the attorney general told police officers last night. Atty. Gen. Richard R.

Wier Jr. also said he will seek legislation January requiring juveniles charged with lst-degree robbery to be treated as adults. Wier announced the tougher stand at a conference on armed robbery. Policemen from Florida to Canada attended the conference, hosted by New Castle County Police. lst-degree robbery is one in which the victim is harmed or the perpetrator is armed.

It is punishable by 3 to 30 years in prison. One exception would be a case in which several people are charged and one would be allowed to plead guilty to a lesser offense in return for giving evidence against the others, Wier said. Delaware law now provides that a juvenile shall be treated as an adult where the alleged crime is lst-degree murder, rape or kidnaping. Wier said he will recommend expansion of the law to include lst-degree robbery. effects until spring when the major portion of the state's revenues are collected.

Malarkey said the executive order signed last month may help balance the budget, but its effects will not show until later in the year. Last month Gov. Sherman W. Tribbitt ordered a state hiring freeze and a 50-percent cut on travel and capital outlay. "As the year goes on the freezing will have a tendency to drop the rate of growth," Malarkey said, but "its anybody's guess" as to how much.

Weather: Sunny Edward C. Voss characterized Voss as a knowledgeable administrator who is not being permitted by Salerno "to use his knowledge and expertise, for which he is being paid, to run the institution as he knows it should be run." King and Tatnall according to Simpson. The women will be identified by their red carnations and brown plastic trash bags hanging on their shoulders, according to Simpson. "We will continue to work, hoping the idea spreads, until people subconsciously begin to pick up trash in the city and dispose of it properly, "Simpson said. Pennsylvania community said they were unaware of Cohen's operation.

Muhlbach said Cohen is still on 5 years' probation that runs until January and has never been in jail before. In a deal with the federal government, Cohen pleaded guilty in 1970 to a fraud charge growing out of a home-improvement scheme in which scores of low-income homeowners in Washington were swindled out of $4.5 million. As part of the deal, Cohen testified that he had paid a $25,000 bribe to John Dowdy then a veteran Democratic congressman from East Texas, in an effort to cover up the fraud. Dowdy went to jail for perjury and Cohen went to Virginia Beach and new business opportunities. A company he represented in Virginia was involved in an investigation that resulted in the conviction and imprisonment of a local official of the Farmers Home Administration.

In Baltimore, his hometown, Cohen operated a computer school and a finance company that went broke. As a result the onetime lawyer was barred from dealing in stock by the Securities and Exchange Commission. And a chain of health spas chartered out of Cohen's Wilmington office was shut down earlier this year and warrants issued for several of its employes by provincial and metropolitan police in Toronto, Canada. unemployment is high, the withholding is going to be down," he said. "Everybody keeps saying we're in the midst of a big recovery.

I'm looking forward to getting a piece of it," Malarkey added. While income and business taxes are up, public utility taxes, inheritence and estate taxes and revenues from parimutuel sales and admissions are down. The financial report reflects an operating cash deficit of $28.7 million, which will probably continue lottery New Jersey Friday winner: 28879 return After meeting last week with House leaders, doctors, insurance commissioner, Tribbitt asked the group to come up with compromise legislation by Oct. 20. He said a decision on a special session will be based on what they come up with.

The state constitution requires Senate confirmation of all appointments that pay more than $500 a year. Some commissions also require confirmation. Southeastern Pennsylvania: Partly sunny this afternoon; high around 70. Fair tonight; low in the low to middle 40s. Mostly sunny tomorrow; high around 70.

Southern New Jersey: Partly sunny today; high in the upper 60s to low 70s. Fair tonight low in the low to middle 40s. Mostly sunny tomorrow; high in the upper 60s to low 70s. Delaware Bay: Visibility, over 5 miles. Winds, northwesterly, 10-20 knots today and tonight.

Highest temperature yesterday: 62 degrees; lowest: 54 degrees. Highest humidity yesterday: 86 percent; lowest: 75 percent. Precipitation in 24 hours ending at 8 p.m.: Trace. Sun today rises at 7:08 a.m. and sets at 6:30 p.m.

Weather Elsewhere Here is the yesterday afternoon weather in key cities across the nation: Atlanta 76 clear, Boston 56 partly cloudy, Chicago 67 clear, Cincinnati 67 cloudy, Cleveland 64 partly cloudy, Denver 68 cloudy, Detroit partly cloudy, Indianapolis 72 clear, Kansas City 73 partly cloudy, Los Angeles 66 partly cloudy, Louisville 66 thunderstorms, Miami Beach (4 partly cloudy, Nashville 79 clear, New Orleans (3 clear. New York 60 cloudy, Philadelphia 60 cloudy, Phoenix 76 clear, Pittsburgh 58 cloudy, St. Louis 73 partly cloudy, St. Paul-Minneapolis 48 cloudy, Salt Lake City 66 partly cloudy, San Diego 66 clear, San Francisco 61 rain, Seattle 55 rain, Washington 64 cloudy. Dtla from NATIONAL WEATHER SERVICE, NOAA, US Dept.

ol Commerce CsSJ Continued from Page One charging Cohen swindled them out of more than $150,000 in the operation of the Warner in Wilmington and about three dozen other theaters across the East. The mortgage swindle surfaced about 10 months ago when Farmers Bank of the State of Delaware acknowledged it was taken for $1.25 million in phony mortgages issued on behalf on the defunct Bell Mortgage Co. of Florida. Most of the loss was covered by insurance. Counterfeit mortgages issued in the name of Bell showed up at other banks and savings and loans in a half-dozen states.

That aspect of the case is still under investigation in Norfolk and Jacksonville where home-owners last January suddenly found themselves being dunned for thier mortgage payments by two and three banks. Cohen appeared before the federal grand jury in Norfolk last month and was forced by a judge to give a sample of his handwriting, apparently to compare with signatures on the mortgage papers. The grand jury in Jacksonville handed down its indictment of Cohen on Thursday, about the same time he was picked up in Lancaster on a warrant charging him with lying on applications for mortgages on properties in the Jacksonville area. A month earlier, two other Flori says William Simpson of the Optimists. Mayor Thomas C.

Maloney has proclaimed the Optimists' program to be in effect continuously from 11:55 a.m. Maloney will speak briefly then at 9th and Market after which more than "50 beautiful young ladies" from city businesses will begin to police the downtown area between 8th, 11th, da businessmen, Stacey Charles Graybeal and James Dale Pennington, were indicted in Jacksonville on similar charges, and the FBI says they now are considered fugitives. Federal sources said Pennington and Graybeal have been seen in Costa Rica. It is known that Graybeal, Pennington and Cohen were associated in real estate deals near Jacksonville about 4 years ago. Federal sources said the fraudulent mortgages were being printed in Florida but being distributed from Norfolk and Wilmington.

Cohen has insisted he has no direct tie with Bell Mortgage, but Bell operated a branch out of Cohen's Wilmington office at 1401 Harrison and Cohen has been identified by Farmers Bank officials as the finder who put Bell Mortgage in contact with the bank. Cohen arrived in Wilmington in 1973, and bought a home in Lancashire, north of Wilmington, where he lived until moving to Lancaster's suburbs 2 months ago. Cohen's federal probation officer, J. Edward Muhlbach, said in Baltimore yesterday that Cohen has told him he was in the movie theater business in Lancaster with a younger man named Ray Bent-ly. The FBI said he was involved with a theater that operates from midnight until 4 a.m.

Motion picture exhibitors in the blown recovery as some experts are saying," Malarkey said. Only three areas of revenue were significantly higher for the period, Malarkey said. Personal income, corporate income and business occupation taxes were all up, "due to tax changes passed in the General Assembly," Malarkey said. But, the high level of unemployment has had an effect on the rate of increase of personal income tax, he said. The money in that account comes from withholding taxes, he said, but "when Saturday, October 11, 1975 Greater Wilmington: Some sunshine today; high in the low 70s.

Fair tonight; low near 50. Pleasant autumn weather tomorrow; high near 70. Chances of precipitation 10 percent today and tonight. Winds, west, 5-15 miles per hour today. Kent and Sussex Counties and Eastern Shore: Some sunshine today; partly cloudy tonight and pleasant autumn weather tomorrow.

Highs in the low to middle 70s; low in the low 50s. Chesapeake Bay: Visibility, occasionally a mile or less improving to 5 miles or more this afternoon. Winds, northwesterly, about 10 knots today. TODAY'S TIDES AT MARINE TERMINAL Hith Low Today A.M 5:39 12:23 Today P.M 4:07 12:32 HIGH TIDES TODAY A.M. P.M.

Indian River Inlet (bridge) 1:43 2:08 Rermboth Beach 1:02 1:27 CapeHenlopen 1:57 2:28 Breakwater Harbor 2:02 2:33 Miipilllon River 2:35 3:04 Bowers Beach 2:58 3:29 Woodland Beach 3:33 4:01 Reedy Point 4:48 5:16 New Cattle 5:18 5: 46 Baltimore 12:31 12:18 Kent Island 10:34 11:45 Chesapeake City 3:33 4:01 I 1ST Oct. 10 State still feels recession I(mptolUi 47 SP Arc Avef09 I I S' I A frrrrm From the Dover Bureau DOVER-The recession is still going on as far as Delaware is concerned, Finance Secretary John E. Malarkey said when he released the state's lst-quarter report yesterday. Compared with the same period last year, spending is up 11.7 percent 3 or 4 percent higher than planned when the budget was written. Revenue is up only 2.2 percnet.

"An improvement over last year, but (it) still doesn't reflect a full pa.