Cumberland Evening Times from Cumberland, Maryland • Page 11

Witnesses Report Miller Whereabouts Extra Days Loom For Delegates Saturday Work Predicted At Law Convention. ANNAPOLIS (AP) Dele- gates to Maryland's Constitu- tional Convention enjoyed a self- proclaimed holiday today, but President H. Vernon Eney told them the good times were al- most gone. "I have no doubt but that we will be sitting on Saturdays very promptly, as soon as these com- mittee reports start coming in," he lold the Public Information Committee Thursday. And Robert J.

Martineau, con- vention secretary, sent out a memorandum reminding staff members who were not being by the day that they "will not be paid for any overtime or additional days worked." Meetings On Sunday Eney said it was questionable 1 whether the convention would be forced into Sunday sessions, but "I have no doubt that commit- tees will have to start meeting on'Sundays in order to get their reports out." And, indeed, a number of com- mittee staffs planned to meet 'over the to begin the voluminous task of preparing memorandum on all proposed Murder Trial To Go Into Coming Week The murder trial of Gary Lee Miller, accused slayer of Judy Lee Ziegler, 20, of Pocahontas, will be continued next Monday as the state has more than a dozen witnesses to call and the defense has not yet started. Judges Harold E. Naughton and James S. Getty said that a jury case which had been! set for Monday has been post- closed. "I asked the youth i constitutional approved.

sections already Stepped-up committee activity Thursday produced several rec- ommendations, including propos- als to ban lotteries, pay higher legislators and lengthen sessions of the General Assembly. Vote Against Lotteries The Committee on State Fi- nance and Taxation voted 10-4 to include in the new constitu- tion a prohibition on either state or privately operated lotteries. The Legislative Branch Com- mittee agreed to set an $8,000 a year minimum.for legislative salaries and voted to give mem- bers of the General Assembly authority to increase their sal- aries. As committee provided that pay raises coulc not go into effecfuntil after the "i next election, that such raises could be vetoed by the governor and that voters-could them to referendum. 90-Day Sessions Also approved was a proposa to set legislative sessions at 00; poncd so that the murder case can be completed; Most of the witnesses today were used by the prosecution in pin-pointing the whereabouts of the Miller youth on Saturday, May 27 the evening before the girl was slain during the early morning of May 28.

Carl Dennis Blank, 18, hart, testified he had known Miller for five or six months and saw him with a knife simi- lar to the one found at the scene of the crime. Shown Youth Knife This was sometime last April, tb-j Blank youth stated. The Miller youth showed him the knife which had a curved blade with a hook on the end and the words Sabre and Japan in- scribed. Carl Richard Brown, 18, for- merly of Finzel but now resid- ing in Warren, Ohio, said he lad known Miller for three or 'our years and.pointed him out today in answer to a question by Paul J. Stakem, deputy state's attorney.

The Brown youth said he saw Gary on Saturday, May 27 about 7 or 7:15 p. m. in front of Dia- mond's Restaurant. They both had a soft drink in, the place and then went for a drive in Brown's car. The Miller youth gave him SI for gasoline, the Brown youth said.

Lists Apparel The Miller youth was wear- ing a dark green shirt with a checkered design and no tie. His pants were light green, the witness said. On cross examina- tion by Julius E. Schindler, de- fense attorney, the Brown youth said he was positive about the date and what Gary was wear- ing as the investigating officers talked with him not long after. Dale R.

Jensen, Frostburg, testified that he and wife saw Gary standing in front of the post office in- Frostburg he wanted to ride back to where they picked him up bu tie declined and got out of the car," Burdock said. This was about 11:40 p.m., he added. The witness said he did not know th Miller youth Dut knew Judy Ziegler to see her. Describes Hitchhiker Bonnie Jean Diehl, 19, Finzel Road, who is employed as a secretary at Frostburg State College, testified that she and her sister were riding in a car with their parents when she saw a blonde thin youth of medium size walking along the road. Miss Diehl said they were re- turning from Berlin where they had visited her grandmother.

She said the youth had on a dark shirt with the shirt tail hanging over his trousers. The pants he wore were a light color, she added. This was about 11:35 p.m. Saturday, May 27 she testi- fied. BOX CULVERT BRIDGE--The Miller and Greenland Com- pany of Huntingdon, sub-contractor to E.

C. Womack Company which has the contract on the far west end of the Cumberland Thruway project over Haystack Mountain to the Vocke Road area, is constructing this box culvert at the intersection of Campground Road and Braddock Roads. Through it will go Braddock Run. The vehicular surface will be four-lanes or 48 feet wide. Campground Road will be widened from Braddock Road to U.S.

Route 40 in LaVale. The box culvert replaces a bridge. about 9:30 or 10 p. m. May 27 and after chatting with the youth said he was going to Somerset to see his Mr.

Jensen said he offered to drive Gary there later on but when they returned to the post office, the youth was gone. Saw Defendant 0 James Edward Clark, Finzel days, with options given to said he had known Gary house and senate to extend them for as much as 60 addi- tional days. In the Judicial Branch Com- mittee, a proposal to retain elected court clerks in the con- stitution won approval on a 11-G vote. Martineau's letter informed the staff that "the convention is now approaching the time when the convention and its commit- tees will be many more night sessions which, necessarily will require your presence here. Possibly this may also include Saturday and Sunday.

No Overtime Pay "In order to avoid any mis- understanding. all staff, ex- cept those on per diem, will not be paid for any overtime or ad- ditional days worked. Secretar- ies per diem will be paid for each day worked, including Sat urday and Sunday, but no over- time will be paid for hours worked in excess of the re- quired eight hours." Delegates who meet on Satur- day and Sunday would get the regular S25 per day for each day they have convention busin- ess. Eney told the Public Informa- tion Committee that it should be (Continued on Page 10) City's Area DOWNTOWN READINGS Yesterday 1 p. m.

2 p. m. 3 p. m. 4 p.

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7 p. m. p. m. 9 p.

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52 54 55 55 55 54 52 50 45 43 42 Today 1 a. m. 2 a. m. 3 a.

m. 4 a. m. 5 a. m.

6 a. m. 7 a. m. a.

m. 9 a. m. 10 a. m.

11 a. m. Noon Midnight 40 FORECASTS 40 40 40 40 39 38 37 38 44 44 47 50 or five years as the family had itopped in at his service station and store located about six- enths of a mile from U.S. ioute 40 on occasion. Mr.

Clark said he saw Gary valking along the Finzel Road about 10 p.m. May 27 and he vas sure it was Gary as he had pass under a light near the station. The youth was headed the Pennsylvania line beyond, Mr. Clark said. Investi- gating officers talked with ark on June 5.

Duane Ernest Bingaman, RD 4, Salisbury, lold the court that 3ary was a second cousin through marriage. Mr. Binga man said he was driving with his wife and three children along the Finzel Road abou 10:30 p.m. May 27 when he saw rary "thumbing a The witness said he didn't stop for Gary as there was no room. No Identity Harry Allen Burdock, RD 2 Fmzel, said he resides on the Finzel Road about half a mile U.S.

Route 40 and he and his brother-in-law, Fred Jen kins were driving to St. Mary's Hall about 11:30 p.m. May when they passed a "young skinny, sandy-haired boy." Mr. Burdock said his brother in-law stopped and backed up to offer the youth a lift. The youth bent over as he pushet down the seat in order to gc into the rear of the two-door vehicle, Burdock stated.

"I saw that his hair was sandy or brown but didn't get a look a his face," he added. Upon arrival at the hall they found that a square dance was not underway and the place was Miss Diehl said she had seen the youth before hitch-hiking along the Finzel Road. She also said she knew Judy Ziegler. During her testimony she point- ed to the Miller youth as look- ng like the youth she saw on roadway that night. During the testimony of sev- eral witnesses, the Miller youth whispered on.

occasion to Mr. chindler. The court denied a motion by tfr. Schindler to strike out Mr. Burdock's testimony as to iden- ificalion.

After a five-minute recess the court return to deny he motion. Judge Naughton said both he and Judge Getty recalled that a discussion between Gary and William F. Baker, county nvestigator, the accused youth lad said he was given a ride in a red Fairlane car. "This cor- roborates the testimony of Mr. Burdock," Judge a stated.

Tells Of Hitchhiker Other witnesses called by the prosecution were i George Jenkins, RD 2, Frost- burg; James Lee Baker, RD 2, Frostburg, and Mrs. Mary Lou Friend, RD 3, Meyersdale, Pa. described how he picked up a hitchhiker, who had a resemblance to the defendant, along Finzel Road on the eve- ning of the murder. The 15-year- old Baker youth identified a hitchhiker along that road as the defendant, and also describ- ed a shirt he wore. Mrs.

Friend also identified a hitchhiker on the road that leads to Finzel as the defendant, and also described his clothing. the trial yesterday af- ternoon, the court ruled in favor of a defense motion to exclude From the record testimony of William E. Long, a probation officer in.Somerset County. Mr. Long, who had the defen- dant as one of his clients, testi- fied at length that Miller had told him in considerable detail about his experience with the Ziegler Although Long's account of his talk with Miller compared closely to the story Miller told officers who questioned him, the court ruled that his testimony should be stricken because ii would probably come under the heading of privileged communi cation.

Julius E. Schindler, court-ap pointed attorney defending the Pocahontas, youth object- ed to Long's testimony. He charged it constituted a state- ment to a public official with- out prior constitutional warn- ing. He said the defendant had turned to Long as a counselor and friend in time of trouble. Donald W.

Mason, state's at- torney, argued that the- testi- mony should be admitted. Mil- ler's statement, he said, was not given during an interroga- Girl Being Taken To Doctor Dies Backs Compact Car Driven By Her Mother Crashes And Burns, Killing Tot' Five-year-old Christine Elaine of Oakland, was ill yes- and her mother and sis- were taking her to Phillippi, W. for medical attention. She never saw the doctor. The car her mother was driv- ing veered out of control on W.

Va. Route 92 near Fellowsville, the Preston County sneriff de- puties said, plunged over an em- bankment, crashed into several trees and caught fire. All three were thrown from the car. Police said Christine's moth er, Virginia Louise Upton, and her sister, Mrs. Judy Gank, were.admitted to Phillippi Hos- pital with minor injuries.

Born May 11, 1962 at Phillippi, Christine the daughter oi and Louise (Bol- yard) Upton. Besides her parents and sis- is also survived by one William Upton, at home; maternal grandpar- ents, Mr. and Bol- yard, Phillippi, and paternal grandparents, Mr. and Mrs. Ed Upton, Moatsville, W.

Va. The body is at the Stemple- Forman Funeral Home in Phil- lippi where friends will be re- ceived after 7 p. m. today. Serv- ices will be conducted Sunday at 2 p.

m. in Mt. Vernon Meth- odist Church, near Phillippi, by Rev. William Eskew. Buna! will be in Mt.

Vernon Memor- ial Cemeterv. Preservation Of Potomac Assets Asked A hope that action proposed by the Potomac River Advisory Commission can help assure the integrity of the river and preserve some semblance of its grandeur and resourcefullness for future generations, was emphasized this morning by James J. O'Donnell, Maryland's planning Walsh High Fathers Club Meeting Set director. Mr. O'Donnell, who has served i chairman of the advisory committee since its establish- ment in April 1965, was the moderator and first speaker at a symposium at Cacapon State Park near Berkeley Springs.

This two-day fall meeting is being co-sponsored by the In- terstate Commission on the Po- tomac River "Basin and Mr. O'Donnell's committee. Fluctuating Flow In response to instructions from the governors of Mary- land, Virginia, Pennsylvania and West Virginia, and the com- missioners of the District of). Columbia, this advisory com- mittee has produced a prelim- inary draft of a Potomac River compact. The compact would create a new interstate-federal commis- sion which would be responsible for future governmental cooper- ation at all levels to plan, con- serve, utilize, develop and man- age the water resources of the Potomac River basin.

Mr. O'Donnell said the PotO: mac flow is "notoriously vari- able insufficiently low during many, hot dry summer periods and capable of producing de- structive floods at other times." Recalls 1936 Flood He pointed out that a record- ed all-time low flow of 000 gallons per day was exper- ienced above Washington in September 1966, while in June of the same year maximum de- mand of 381,000,000 occurred. Exit Light Program In City Slated Public Buildings Musi Abide By Local Fire Code Agreement has been reached with the Downtown Business As- sociation and letters are being sent to non-members, occupants of all public-used buildings and the like to install emergency exit illumination as provided for in the Fire Prevention Code and Life Safety Code of the City of 1, i i 1UUI I i UJIUACU lion but was given voluntanlyj the student body from a by Miller, who had asked to fi TM 15 a a see Long. Beckley Girl Chosen Queen At West Va. MORGANTOWN, W.Va.

(UPI --Miss Sally Sotak has a busj weekend ahead for her on thf West Virginia University cam pus. The senior co-ed from Beck ley is WVU Homecoming queen it was announced Thursday night. Queen Sally will reign over the Homecoming parade here tonight, at the WVU football game with Virginia Tech Satur- day afternoon and at the Home- coming Dance Saturday night. Queen Sally's court will be made up of Shelly Poindexter of Nitro, Jeannie Erwin of Dun- bar and Mary Kay Staggers of Keyser. The four finalists were chosen workln cooperatively on the problems related to the river (Continued on Page 10) The Fathers Club of Bishop Walsh High School will meet Wednesday, November 1, at the school.

The meeting will open with the celebration of Mass at 7:15 p.m. in the school chapel by Rev. Paul Byrnes, school chap- lain. The business session will be- gin at 8 p.m. in the school's Little Theatre.

During the business meeting leaders of student activities will outline the extra-curricular acti- vities available at Bishop Walsh High. A social hour will follow the i meeting, featuring movies of the recent Allegany- Bishop Walsh football game which gave the Spartans, from BW the city championship, their first since 1932. FreedomFund Event Slated The fourth annual Freedom Fund dinner of the Cumberland Chapter of the National Asso- ciation for the Advancement of He recalled that a flood simi-j Colored People will be held to- lar to the one that occurred in: morrow at 6:30 p.m. in the Fort 1936 could cause directly 000,000 in damages. Dr.

Frederick L. Zimmer- mann, professor of political science at Hunter College in New York and a consultant to the advisory committee, men- itioned various alternatives for field of some 15 candidates, ac- cording to Ray Vine of Parkers- (Continued on Page 10) Mathias In Limelight Decision To Be Made In GOP Senate Race ANNAPOLIS CAP) Rep.jmatter will be resolved between Big Crane Readied For Demolition Workmen for the ABC Corp- oration of Arlington, were assembling a large boom on a crane today preparatory to the sonably near future" about whoj "I don't think there's any real of the old Savoy would seek the Republican nom-jdoubt in the public's mind IhatiBowling Alleys and the former cloudiness and colder with highsjination for U.S. Senator nextiMorton or Mathias will becomejsite of Lou's Auto Store on Bal- in rnin Afic tr i I a i Allegany, Garrctt Counties jCharles McC. Mathias said he the principal potential candi- Turning colder, mostly not be surprised if there dates themselves in the very with chance of a few showers or is some development in the rea-'ne'ar future," said Agnew. snow flurries tonight and lows in the 30s.

Saturday variable nalor. in the mid 40s to around West to northwest winds 20 mph tonight. West Virginia 0.ycar. the Republican senatorial candi- timore Street. I i I.U11U1- i I I I 10 to, Mathtas acknowledged Thurs-jdate, and that seems to be the) The boom is 80 feet long and that he and Rep.

Rogers C. feeling throughout the party," will be used to hoist the bowling Morton had agreed to detcr- Mostly cloudy tonight and Sat- mine and announce shortly said Agnew. bowling alleys over a high wall on the Mathias was asked about com-l George Street side of the build- urday with chance of few snowjwhich one would seek the nomi- mcnts Agnew" made flurries in the mountains that Mathias and' day. Low tonight 28 to 34. High! Mathias said "obviously thcrejMorton agreed at dinner Oct.

Saturday 44 to 52. Western Pennsylvania Mostly cloudy and colder with occasional showers or snow flur- ries tonight, low in 30s. Variable cloudiness and colder Saturday with occasional snow flurries, mainly northwest portion. to be at least some tentativejs in the executive mansion to is made before long." (let Republican leaders know The 1968 senatorial race was their decision in about a month, brought up by reporters at Gov. "The general feeling was that Spiro T.

Agnew's weekly news everyone interested in running conference. ought to be letting the leader- 'I haven't taken any sides be- ship in on their plans said cause I feel assured that this Mathias. Cumberland Hotel ballroom. The speaker will he State Sen. Clarence Mitchell III, of Mary- land's Fourth Legislative Dis- trict.

Rev. Goodwin Douglas is pres- iednt of the local chapter and Howard N. Stewart is chairman of the dinner. A dance will follow the pro- gram. Cumberland.

Assistant Chief Vincent Wegman said the merchants' agreement sets June 1, 1968 for compliance. Immediate steps will be taken to have emerg (Humbrrlmtft iElMtttUJ (limra 11--Cumberland, Maryland Friday, October 27, 1967 Junkyard Licenses Approved Ten Lois In County Have Not Complied With Regulations The Board of Allegany County Commissioners today granted junkyard licenses outright and two others with the pro- vision that plantings used for screening purposes be brought full growth. The two approved uncondi- ionally are Joseph Beeman, RD 1, Barton, and Edward Tasch enberger, RD 1, Box 279, cityi The other two, James Smith, McCoole, and James G. Twigg, RD 2, Williams Road, vere approved but because they ad planted ivy or trees for ade- quate screening, the board said checks will be made to see that he plantings did the job for which they are intended. The board also approved the return of the $50 license fee John Troutman, Powell's Lane, Frostburg.

Mr. Trout- man has cleared his lot. Recommendations were made oday by Richard Blair, assist- ant director of planning and zoning for the county, who said there are approximately ten other junkyards in the county which have not fully complied with the regulatory ordinance. Commissioner Robert Little Ebert said that those who have complied should be commended and it is hoped their action will inspire those who have not done so. Commissioner Lucila Roeder also commended Mr.

Blair for his work in connection with the junkyard control law. Five others had been pre- viously licensed including Sterl- ing elites, RD 1, Mill Run Road, Oldtown; Harold Hoadley, RD, Loarlown, Frostburg; Harold Reeves, Box 177, Westernport; James W. Reeves, Box West- ernport, and Clarence Lewis, ency lighting installed by non members of the merchants group as well as owners occupants of all other public buildings. The city codes provide for the emergency ligbting facilities for exits in event of failure of nor mal lighting for the building The exit lights are battery operated. Mercantile occupancies are classified as follows: Class A-- All stores having aggregate gross area of 30,000 square feet or more, or utilizing more than three floor levels for sales pur poses; Class B--All stores of less than 30,000 feet aggregate gross area but over 3,000 square feet, or utilizing any floors or below the street floor level 1 for sales purposes, except that if more than three floors are utilized, the store shall be Class and Class C--All stores of 3,000 square feet or less gross area, used for sales purposes on the street level only (balcony permitted).

The Fire Department recog- nizes the fact that the time ele- ment and necessary monetary expenditures will be factors, in- volving contractors and equip- ment. Accordingly, Chief Weg- man said, it has been decided that June 1, 1968 would be a fair completion date for com- pliance. More information can be ob- tained by contacting the Fire Prevention Bureau of the Fire Department. Region To Get Snow Flurries Colder weather with snow flurries in the mountains will be due over the weekend, the tri-state forecast said today. There will be a chance of showers tonight with lows in the 30s.

Saturday will be colder today with highs in the middle 40s to around 50. City Dump Road, city. Service Set For Victim Of Shooting Services for Mrs. Sue Carol West, 34, of 236 Williams Street, who died Wednesday of a gun- shot wound, will be conducted Sunday at 2 p. m.

in the John- son Funeral Residence, Paw Paw, by Rev. William Mizelle, pastor Oldtown Assembly of God Church. Interment will be in Sulphur Springs Cemetery. Friends will be received in the funeral home after 2 p. m.

to- day. Her husband, Felix L. West is being held at Sylvan Retreat under 24-hour guard. Authorities said that West is being held at the retreat be- cause there is no room in the County Jail. A warrant charging him with the murder was ob- tained yesterday.

According to police, Mrs. West's a Dena C. Naples, 15, witnessed the shoot- ing, which occurred while Mrs. West was sitting in her hus- band's car Tuesday night at tha couple's house trailer camp near the Paw Paw bridge. West is employed as a truck driver for a local laundry.

Cpl. M. G. Hart, criminal investigator for the State Police, Deputy Sheriff Lewis E. Tyrea and Tfc.

R. S. Lewis are con- tinuing the investigation. Obituary Roads Head Answers Complaints Use OfW. Maryland Underpass At Oldtown Suggested By Shelly Answers to several complaintsJ51 and Main Street.

This said the Roads Depart- were submitted to the Board ofjstrongly urged, Mr. Skelly said, Allegany County Commissioners due to hazards and sight dis- loday by Harry T. Skelly, tance problems at both cross- Roads Department, superinten-lings. dent. His letter also said that Mr.

ment will be able to do some trimming of a section of a ditch probably in January. In answer to a request from P. F. Fletcher, Trail Road, Little Orleans, for tar and chip BEEGHLY-Mrs. Harry 65, Oakland.

BEEMAN-James 55, Frost- burg. FLECKENSTEIN--Mrs. Charles, 63. former resident. KNOTTS--Mrs.

William 91, Kite- miller. PRESTON--Johnny Ray, Infant, HyaUsville. SARVER Clarence 57, Hyndman. UPTON Christine 5, Oak- land (see separate story). MRS.

WILLIAM KNOTTS KITZMILLER Mrs. Del- phia M. Knotts, 91, died yester- day at her home after a brief illness. treatment and repair of holes Born in Corinth, W. she Mr.

Skelly said the road is un-i was a daughter of the late David One involved improvement tojSkelly. Joseph J. Dorsey, main- the Western Maryland engineer of the Slate crossings in Oldtown, requestedjRoads Commission, and Roy 1OTU ia U11 by Ross Shaw. Mr. Skelly saidjLoar, assistant reconstruction, some holes and the crossings are on the the Roads Department, been patched and there is liams and was the widow ol line and in conversations months ago with Earligrading to be completed Thei William Loman Knotts who died C.

L. Robinson, Hagerslown. president of the will not be surface trealed' in oJ 934 4 A i i i A Jane (Davis) Wil- the railway engineering divi- sion, it was learned the railway- has no plans for improvements. Nor docs the county Roads De- The buildings will be the first of 47 which will be razed in the George Street project area fi a have an lans for the urban renewal plan. The reconstructing Oldtown Main ABC organization was awarded Street area or approach to the the contract on a bid of $83,000.

crossings, he said. The start of the work was Tn railway and Roads De- delayed pending arrival of the partment recommended that the targe crane by rail from Buf- traveling public use the under- falo, N. Y. pass between Maryland Route town Volunteer Fire Company.juntil reconstruction is complet- At that time, the fire companyjed, he added, agreed to make the Mary Roberts, 205 Allendale approach on Route 51 west of Avenue, LaVale, appeared be- the underpass a fire department! project, Mr. Skelly said.

The! fire company was advised to contact the railway. A report also was received on the complaint of Larry Athey, Mexico Farms, concerning a water drainage problem. Mr. fore the board today to ask about improvement to the street. She was told the street is not in the county system and advised on what steps should be taken to have it accepted and placed under county mainten- ance.

She was a member of Daugh- ters of America, Elaine, andi Church of Latter Day Saints. Surviving are three daughters, Mrs. Tina James, Mrs. Excavia Sharpless, Kitzmiller, and Mrs. Lona Ellfritiz, Deer Park; a son, Hugh W.

Knotts, at home; 19 grandchildren and a number of great-grandchildren. The body is at the Sharpless Funeral Home and be taken (Continued, on Page 10).