Tucson Daily Citizen from Tucson, Arizona on April 30, 1963 · Page 8
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Tucson Daily Citizen from Tucson, Arizona · Page 8

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Tucson, Arizona
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Tuesday, April 30, 1963
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Page 8
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PAGE T U C S O N D A I L Y CITIZEN TUESDAY EVENING, APRIL 30, S9A3 (REMODEL? Phont MA 3-3333 Sen, '+ I fc« prepared -cut oul«place near phone Mistrial Ordered In Theft Case Because one of the jurors talked to a prosecution witness during a recess, a, mistrial was ordered today by Superior Court Judge Robert Roylston in a grand theft case. On trial was Richard Shaw, accused of the theft of a $250 midget auto racer in 1961. The trial began yesterday. Shaw, 18, was found guilty of the charge last year, but his conviction was reversed on an appeal to the Arizona Supreme Court. The h i g h court granted a new trial on the ground that the arresting officers failed to treat Shaw as a juvenile. He was then 17. ^HlbiL-'.' V \ '. 'fcA ' ·J.-^A^vi--'; 1 /-! W ¥l*T^ Y O U N G Young enough to welcome new ideas 1 And good ideas here can be acted on in Tucson. No out-oE-town authority is needed. We decide The Bank of Tucson's policies right here at home .. i keeping in mind what you and what we think is best jor Tucson. TUCSON Dou'nlown -- Stone Avenjie at Congress Street Midtovm -- 5th Street at Alvcrnon Way MEMBER FEDERAL DEPOSIT INSURANCE CORPORATION NEW CITIZENS --Citizen Photo William van Ark's first action as an American citizen yesterday was to light a cigar. "I've been smoking them since I was nine," he said. "And I always feel like a cigar when I have something to celebrate." Dutch-born van Ark came to this country from Canada six years ago. As a former Canadian Pacific Railroad official and Dutch colonial consultant, he was responsible for aiding thousands of Dutchmen to move to Canada. The van Arks, of 150 S. Eastbourne Ave.. were among 34 new citizens from 16 countries taking vows yesterday in U.S. District Court. TO MAKE YCUR LIVING QUITE COMPLETE, ENHANCE YOUR HOME--DEFEAT THE HEAT, HAVE SUN-LIVING COMFORT EVERY DAY, VACATION AT HOME--THE W-A WAY! Yes . . . now you can enjoy Sun Living fhe Year 'Round under your own Western-Aire all aluminum Patio Roof. · See the new "Glare-Free" finish ... another W-A first! · 3 lines--all priced competitively! · Tucson factory to you savings! FOR FREE ESflMATE--CALL 624-2308 Evenings dial 793-1360 Cochise County Dealer--GL 8-3705 For Casa Grande Area Dealer-- TEmple 6-8211 100% TUCSON OWNED AND OPERATED WESTERN ALUMINUM INDUSTRIES Where Quality Is the Word -- Economy the Watchword 1959 E. I9TH ST. AT CAMPBELL · TUCSON s · V ^ ' -"^ ·*·* -^ f. ^ Justice Refuses To Set Bail For Death Suspect By DALE WITTNER cero) Guntner's testimony' Justice of the Peace Joe acob'son today refused to set iail for Charles G. Guntner, he 28-year-old University of Arizona graduate student who s accused" of murdering his 16-month-old .stepdaughter. But Jacobsbn declared that, contrary to the position of he county attorney's office, he has the 'power to set bail r or a murder suspect "when he proof (of guilt) is not evident nor the presumption (of ;uilt) great." "But it is the defendant's own Application for a writ of prohibition in the Superior Zourt to keep me from hear- ng Mrs. (Sandra Vaidespo- 3 Sentenced For Writing Bad Checks Three men accused of writ- ng checks without having jank accounts to cover them vere sentenced in Superior ourt today. Drawing the stiffest term was James D. Boyer, convicted by a Superior Court jury on five counts. He was ordered to serve 4 to 5 years in state prison and upon his re- ease spend iO years on probation. Boyer, 40,' of Douglas, massed five worthless checks :otaling $70 at a downtown department store last Dec. 19-20. He appeared before Judge John F. Molloy. Joseph D. Causey, who pleaded guilty to passing a worthless $25 check on March 2, and Gary Harden, who Dleaded guilty , to passing a worthless check for $33.79 on Dec. 15, were sentenced by Judge Herbert F. Krucker. Causey, 21, of Mullins, S.C., received a term of 2 to 4 years in state prison. Harden, 25, who gave his address as 224 E. Aviation Drive, was put on probation for two years. Drinking Report Was In Error In a story appearing in the Daily Citizen Saturday, it was erroneously indicated thai Larry Dietzman, 16, had been drinking with other teen-age boys preceding a fatal shoot ing April 16. .The story, concerning th sentencing of Larry Fitzpat rick to the State Industria School at Ft. Grant, said the shooting occurred as Joseph Bunton, the youth who was shot, and Dietzman, were walking away from the Fitz Patrick trailer after drinking tequila. Sheriff's office records anc prior news stories in the Cit izen indicate the Dietzman youth arrived on the seen subsequent to the drinkin^ and had not taken part in ii Man Seized In Theft Of Cement Mixers City detectives today ar rested a 41-year-old Tucso truck driver on a warran charging him with two count of grand theft. Larry D. Banta of 2127 IS Fair Oaks Aye., is accused o stealing cement mixers, on April 6 from 5602 E. Linde St., and the second April 2 from 4442 E. Blacklidge S STifcTE INSPECTOR FIRED hat bars me from setting bail t this time," the judge said. "My door remains operand will happily review this .jjji'at-. er once the Superior Court as ruled · on the important egal question of whether Sirs., Guntner can testify gainst her husband," he con- inued. · .,·? Defense attorney A. Alan Hanshaw and Deputy County Atty. Morton Freilich argued heir positions for nearly an lour before Jacobson ruled. A Superior Court hearing s set for Friday to determine if Mrs. Gunner can estify to events leading up o the death of her daughter, Sonia, about Jan. 29. Jacobson ruled April 17 hat the 18-year-old, Spanish- speaking mother could testi- y "because., in effect, a crime against the mother's child is the same as a crime igainst the mother." H a n s h a w immediately .ought the writ to keep 'acobson from hearing her estimony. Jacobson declared today he has "no doubt" that Hanshaw was correct in arguing: 1-That Guntner is bailable because "there is no proof of guilt evident nor any pre- Two At Tacna With Cattle YUMA -- JJPI-^Twb men 'were* charged with grand theft and a state cattle in- spectpr was dismissed from his job today as the result of a "cattle 'rustling" incident near Tacna April II. · Charged with the theft of cattle were John Sowards and Bob Ross, both of the Tacna area. The inspector waf identified as Tom Bowman of Roll. ·Yuma County investigators said Ross had admitted he and Sowards stole 14 head of sumption of guilt of a capital offense." 2--That the bail should be fixed at an amount reflecting not the seriousness of the crime charged but the "risk of the defendant skipping out of the state." Hanshaw said today that :he writ was intended only to bar Jacobson from hearing ;hat part of the case. But the ower court jurist held that the writ "lifted the whole thing out of my hands" and therefore, he could not set bail even though he said the defendant was entitled to bail. Hanshaw asked that the bail be set "between $5,000 and $10,000. Jacobson observed from the bench today that if Hanshaw is successful in Superior Court in barring the woman from the case, "the state'has no case and the defendant won't have to worry about bail . . . unless the state appeals the ruling, which it might." The Superior Court decision will almost certainly be appealed by the losing party to the state's highest court because the'degree of protection of one mate from testimony by the other has never been decided by the high tribunal, officials here say. Mrs. Guntner told authorities her husband mistreated the child by dropping her on her head and placing her in tubs of cold water. He was arrested March 29 after deputies found the girl's body buried in a shallow desert grave west of Three Points on the Ajo Road. Guntner reportedly admitted burying the child, authorities said, but denied responsibility for it? death. Saipan Hit, Flattened By Olive AGANA, Guam -- (#)-- A radio message from nearby Saipan Island today said Typhoon Olive, paqking 110-mile an hour winds, 'destroyed 95 per cent 'of the homes and nearly half the island's public buildings. The message said no deaths were reported. 'One person was injured as the devastating Pacific storm--the second to slam into the Mariana Islands in six months--flattened Saipan. Property damages were estimated at $2 million. All electrical p o w o r and telephone lines were bowled over and water s e r v i c e was knocked out, the message said. Saipan and Tinian Islands were struck by Olive late Tuesday after the storm dealt less damaging blows to Guam and Rota Island, also in the trust territory chain. Jose Benitez, deputy high commissioner for the Pacific trust territory, said he had asked President Kennedy to declare Saipan, Tinian and Rota disaster areas. This would prepare the way for federal assistance to repari storm damages. Demos Hear ACC Chairman Chairman A. P. Buzard, of the Arizona Corporation Commission, recalling past criticism of the commission, assured the South Side Young Democrats today that where reforms were needed, they were instituted. He was certain "that as time goes on the economy of our great state will be benefited" from more efficient procedures that have been adopted. Buzard assumed the commission chairmanship at the beginning of this year. Appearing with him before the Democratic club at Alfredo's Restaurant were some of his key staff members. They'were William Howe, of the Utilities Division; Rose Sandovai, long-time director of the Motor Carrier Division, arid Joe Sotelo, director of the Securities Division. Holstein cattle from ' * f « « d pen near Tacni;.and sold them at public auction : f o r f 1,000. Ross said they cashed th» check in -Casa Grande and split the money.{ , ,, Investigators sii'id %R o * g transported the .cattle from Yuma to Maricopa County, using inspection slips' he received blank from Bowman. Ross told Yuma of f fcers he also sold a bunch of cattle last fall after rounding them up in an area near the Mexican border. The sale of these cattle also involved inspection slips obtained from Bowman, officers sajd.. Yuma officials said''Bow- man's part in the incidents still was under Investigation. In Phoenix, Claude Evans, executive secretary of the S t a t e Livestock Sanitary Board, said,Bowman has been dismissed from his job, effective tomorrow. DIAMONDS I $300 5i en VALUE....:.... lay I See it--to believe it! ROGERS 37 WEST CONGRESS YOUR C O O L E R WITH THE TIME-TESTED HEAVY-BODIED COATING THAT LASTS FOR YEARS. *J£!KS! FIX LEAKS Get a can now at your: Nursery. Hardware, Lumber, Air-Conditionlng Dealer or in the Paint and Hardware Dept. of Your Neighborhood Store. Advertl semen? How To Hold FALSE TEETH More Firmly in Place Bo your false teeth annoy and embarrass by slipping, dropping or wobbling when you eat, laugh or talk? Just sprinkle a little FASTEETH on your plates. This alkaline (non-acid) powder holds false teeth more firmly »nd more comfortably. No gummy, gooey, pasty taste or feellts. Does not sour. Checks "plate odor' (denture breath). Get FASTEETH today at any drug counter. PORTER SMITH'S 2550 N. Campbell at Silver Open Nights 'til 9; Saturday NEW 17" RCA VICTOR TV Af ':?*; SLIM PORTABLE with MATCHING STAND! You get Both for Only * ________ 3 * Transformer-powered! with trade · New 1963 "Bonanza" model; handsome Two-tone Oxford Grey Cabinet! · With super-powerful RCA "New Vista" Tuner; built-in telescope antenna! Guaranteed S W Service! Tucson's Leading Servicing Dealer! Complete service center for TV and Appliances, Factory-trained technicians, radio-controlled trucks! Strvic« Dept. Open Q a.m. · No Money Down! with credit approval * 24 IV?os. to Pay! · No Payment 'til June! * Free 90-Day Service! « . Free Delivery and Installation; No '"Surprise" Charges! KULE OF RIGHT ""* The Law is everyone's business and everyone's protector. It is impartial, swift, -without fear or favor. It is an integral part of our social, economic and governmental structure. The Bule of Law is the rule of right, not might. It allows us to live our lives in freedom and in dignity. The Constitution and the Bill of Rights clearly define our rights as citizens. It is hard to realize that, only a few hundred years ago, most of these rights did not exist. Perhaps it is also hard to realize that, unless the Rule a* I,aw is maintained, these rights would quickly perish. Uphold the law and you uphold tbe right to five M free peopla. TNs me«ifl Is pasted as pabffc strife* ?« nacnmoR if flw MttMwffc JL.AW DAY tt4» .MAX Sponsortd By: Tucson Clearinghouse Association Catalina Savings and Loan Association Pima Savings and Loan Association Arizona Trust Company Pho«nlx Tltl* ard Trust Company ibma rf Tucson TitU and Trust Company ' Arizona Land Till* and Trust Company St«wart Tttl* and Trust of Tucson Pima County Bar Association Tucson Board of lUolrors

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