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A lii The Tlmes-fiepffftef **IH Wed., Dec. 23,1979 Swinderman case decision is upheld By JACK CARPENTER Fifth District Court of Appeals judges have upheld Common Pleas Court Judge J.H. Lam neck in his ruling that C. Dale Swinderman was legally dismissed as a City of Dover em ploye. "We find no error of the record prejudicial to any substantial rights of Swinderman, former Dover parks and recreation director who was fired from a classified civil service job," appellate judges said. Swinderman, through his attorneys, Joseph Tripodi and Socrates Space, asked the appellate court to examine Lamneck's decision. He ruled last July that, under a Dover ordi Jewett United Presbyterian youth group will present a program, '"What Does It Mean?" at 8 p.m. Christmas Eve services. A candlelight service will follow. Local Methodist MVF will conduct a public candlelight service at 7:30 Christmas Eve. Millersburg Christmas Eve through centuries from Christmas Eve" to the 'The First 'Christmas Eve Tonight" will be expressed in carol and Scripture during 7:30 p.m. services Thursday in Faith Lutheran Church. Rev. John Loxterman will speak on "God Is Celebrating Christmas" and a candlelight service will follow. Mrs. Toni Sheeley will serve as organist and Mrs. Marvin Kieffabler will direct the chancel choir. Gnadenhutten Edward Allensworth stated today he attended the Monday night Gnadenhutten village council meeting as a representative of residents on Spring and Unger sts. It was reported in Tuesday's account of the session that Allensworth was seeking reimbursement for only his water bill. Winfield Members of United Methodist Church Youth Fellov/ship will present a pageant, "The Church Bell Rings Again," Christmas Eve at 7:30. Zibn Lutheran Church will Join Evangelical Lutheran at a candlelight service Christmas Eve at 7:30 in Sugarcreek. Stone Creek Choir members of Grace United Church of Christ will be joined by members of the Zion Lutheran Church choir when the cantata, "The Rose of Christmas," is presented at 7:30 In Grace Church. Mrs, Barbara Cunningham is director, Mrs. Anita Lawver, organist, Mrs. Barbara Turner, pianist and Mrs. Nola Sergeant, Mrs. Floyd Haines, Elmer Stein, nance, Swinderman was legally fired by Service Director Ar Hanni. Appellate judges upheld Lam neck's ruling that Swinderman was never appointed to the parks and recreation director job, but was permitted by Hann to occupy and fulfill the duties of the job by "sufferance" from March 3, 1969, until his dis charge, April 2, 1970. Both courts ruled that Hanni's action was within his jurisdic tipn and not appealable to the Civil Service Commission. They said Swinderman hek two jobs — one under a city recreation board created by ordinances in 1947. Swinderman's status was challenged last February fol lowing the release of a report on an audit of Dover school records by state auditors. The report cited a section of Ohio law, which says a Civil Service position and an elective post are incompatible. Swinderman is president of the school board. Coshocton school TV nearly set COSHOCTON - Final equip ment installations are being made which .will provide a channel television station Bill Mizer and Rev. Harold Auler Jr., vocal soloists. The service will include a call to worship, carols, prayers and vice. the benediction. i Rev Following the service, youths and adults will go caroling. Coshocton High after the first of the year. Cameras and companion equipment already have been installed by Tower Antenna Inc. and consoles are being placed. Final installation is expected bv Dec. 29. Testing of the new facility is expected to start, initially using Channel 20 on the cable and possibly Channel 10 shortly after Jan. 1. There also will be 12 channels operating within the high schoo and each of the grade schools will be served by one. The school TV is primarily i teaching tool, but some pro gramming will be made avail able to the community under the Coshocton plan of commu nity use of school facilities. Ultimately, the TV facility will have capability of taping broadcasts from existing educa tional channels and for loca productions of educational pro gramming. One use foreseen is televising specific lesson plan in subject areas thus extending present teaching capabilities. At the high school, 12 students are now undergoing training in use of the equipment so tha they will be familiar with TV operation. In charge of the television fa cility will be Alfred Hagelbar ger, who presently is in charge of audio visual education. Waynesburg yule events scheduled WAYNESBURG - Christmas Eve services will be at 9 p.m. i St. Paul's Lutheran Church Communion will be served a the 9 a.m. Christmas Day ser and Mrs. Walter Foh Jr. held open house last Sunday in the parsonage. Attendin were Rev. Fohs' parents, the Walter Fohs of Mir?/nar, Fla. Mrs. Gertie Brink is spending Beach City A family candlelight service Will be held during the Christmas Eve service at 11 in First «,,«.. u ,.. Evangelical Lutheran Church.. the : Christmas holidays with he Church council members and J 01 ? 8 ' Donald and Paul of Senior Choir will participate. Vegas. Christmas Eve services willj be held at 7:30 and 11 in United Methodist Church. Rev. David Schar of Camp Wanake will be assisting. The sermon topic for the first service is "Meaning of Christmas" and the message for the late service is "The Luminous Christ." Sermon topic for Sunday at the 10:05 service in United Methodist Church is "The Post- Christmas Punctured Ego." Berlin Mennonite Church MYF will Moravian seminary cban retires Sept. 1 Dr. John R. Weinlick, dea and vice president of the Mora vian Theological Seminary, wh has spent 37 years as a Mora vian minister, educator and his torian, plans to retire from hi seminary post on his 63rd birth day on Sept. 1. Dean Weinlick, who has spen 25 years as a-member of th , „. , , „ . , , college and later the seminar meet Thursday at 7 in the | facul f V) nas written church to go caroling. After-' wards, they will meet at Dr. Waive Boyd's home. Millersburg Holmes County Speech and Hearing clinic classes will not meet Saturday and Jan. 2. Moravian church widely o history an has been president of the Mora vian Historical past 12 years. Society for the Library to close COSHOCTON - The public li brary will close at noon Thurs day and remain closed until 9:30 6ower$tcn Christmas Eve services in United Methodist Church will'a.m. Dec. 28. It will close a begin at 7:30. Communion will I noon Dec. 31 and remain closed conclude the service. I until Jan. 4. 'HAPPINESS IS ...» For 7-year-old Robert Miller of suburban Inkster, Mich., happiness is getting lots of cards for Christmas. A week ago, he made a big wish, that he get 150 cards. The Christmas spirit was even bigger and Robert now is busy opening nearly half a million pieces of mail. Robert weighs only 24 pounds and is confined to a wheelchair. Doctors had predicted that the boy, who suffers from Werding- Hoffman paralysis, an incurable muscular disease, wouldn't live beyond the age of five. Tuscarawas Countians also responded to Robert's wish for cards. To date 123 pieces of mail have been received in the Dover Post Office, more than 200 in New Philadelphia, and Dennison and Uhrichsville do not have a count, but there were a number of pieces of mail received in both offices. Robert's address was listed on Page C-6 in Monday's Times-Reporter. (UPI Telephoto) Hospital Records Union (Telephone 343-33111 Visiting Hours Medical-Surgical—2:30 to 8 Pcdlatrics-2:30 to 3:30 and 6:30 to 7:30 Maternity-2:30 to 3:30 and 7 to 8 ADMISSIONS Dover Kenneth Watson, 1200 Winkler dr. Mrs. Eva King, RD 2. From Elsewhere Frank Zantene, Bowerston. Floyd Welz, 220 Wardell St., Uhrichsville. OPERATIONS Dover — June Vaughn and James Archinal. New Philadelphia,— Sandra Hidey. From Elsewhere — Mrs. Allan Fish of Sherrodsville. DISMISSED Dover — Carole Moliski, Walker Haglock; Mrs. Charles Rothacher and daughter, Mrs. Dennis Contini and daughter and Mrs. Donald Kohler and daughter. „ New Philadelphia — Amy Wern, Mrs. Melvin White Jr and daughter, Robert Hostetler and Calvin Fisher. From Elsewhere — Mrs. Larry Jenkins and daughter of Dennison; Mrs. Lawrence Timms o Midvale; Mrs. William Postel of Tippecanoe; Mrs. Virgil Kieffer and Ruth Rausch of Mineral City; Mrs. John Brink and daughter of Fresno; Elwyn Fisher of Sugarcreek. NEW ARRIVALS Mr. and Mrs. Samuel Reichenbach, 224 6th st. SW, New Philadelphia, daughter. Twin City Telephone »22-2809 ADMISSIONS Uhrichsville Mrs. Anna Francis, 308 W llth st. Elsewhere Lester Myers, Jewett. DISMISSED Uhrichsville — Roger Sloan Mrs. Abe Yoder, RD 1, Sugarcreek. Mrs. Richard D. Stutzman, Senton. Marsha Hershberger, RD 2, Sugarcreek. Mrs. Burgess Bell, Killbuck. Lena Reiss, Killbuck. M r . Virgil Crile, Fredericksburg. Clara J. Miller, RD 1, Dundee. Ronald Kiner, RD 1, Shreve. Charles Beagle, RD 1, Fredericksburg. Dee Floyd, Holmesville. Mary Beachy, Walnut Creek. Mildred Smith, Holmesville. Youth describes prison perversion in plea not to be returned Wendall Prairia. Lang, RD 1, Big By JOHN TERRY COSHOCTON - A tearfully recounted story, under oath, about sex perversion, animalism and fear at Mansfield Reformatory may save a 20- year-old Conesville man from being returned to that institution. Charles Randies, begged the court not to r,eturn him to the Mansfield Reformatory when he appeared before Common Pleas Court Judge Aubrey Wendt on Dec. 15. Randies was found guilty here on Oct. 20 of possessing a sawed off shot gun and two counts of giving a sawed off shot gun to another person. While being returned to county jail Randies escaped from deputies and was free for 16 minutes before being captured by Ralph Lavelle, Salvation Army custodian, who applied a hammerlock on Randies and held him for deputies. He was taken to Mansfield Reformatory from county jail on Oct. 20 and was returned here to stand trial Dec. 15 on the escape charge. During the trial, while under oath, Randies begged not to be returned to the reformatory and recounted a story of being the victim of attempted sexual attacks by other inmates. Randies told the court, "They tried with me and I stood up the best I could. The second or third day I was there I was jumped by a couple of them. I tried to stand up to them and the guard came back. 'I heard they were supposed to jump me in the school. I'm in school there and four or five of them are supposed to jump me in the school and try to make me do immoral acts." The story shocked the court and Judge Wendt asked that an affidavit be obtained from Ran- dies telling of conditions at the 'eformatory. Judge Wendt told Randies rom the bench after pronounc- sentence of guilty: "I will make no further disposition of ,his matter. I would appreciate laving an affidavit signed by ;his boy, telling of conditions in NEW ARRIVALS Mr. and Mrs. Dan N. D. Yoder of RD 4, Millersburg, daughter. Mr. and Mrs. Frank Milten of RD 3, Millersburg, daughter. Mr. and Mrs. Wendell Austin of RD 2, Apple Creek, daughter. Mr. and Mrs. Eli N. Miller of RD 1, Baltic, daughter. Mr. and Mrs. Abe Yoder of Star Route, Wilmot, son. Mr. and Mrs. Eli M. Raber RD 1, Sugarcreek, son. Elsewhere Ed Marlatt of 1023 Beach st., Newcomerstown, has been dismissed from Doctors Hospital at Columbus gery. following eye sur- Mrs. Dale Royer and daughter and Mrs. David Grandison and daughter. Elsewhere — Jennifer Bot imer of Gnadenhutten; Dianna B a r c u s of Cadiz; William McGary and John Morrow o Scio and Mrs. James Carpenter of Carrollton. NEW ARRIVALS Mr. and Mrs. William Heil, 203 McCook av., Dennison, daughter. EMERGENCIES William Lockett, 46, 229 Maple St., Gnadenhutten, fell while unloading a box car at work, injuring his left side. Millersburq ADMISSIONS Millersburg Frank J. Krivos, Castle Nursing Home. John Menuez, RD 5. Florence Rotshavv, Caotie Nursing Home. John S. Ling, RD 1, Mrs. Grace Schie, RD 4. Harold Akers, RD 5. Elsewhere Mrs. Jeff Robinson, RD 2, Warsaw. Ida viand I .•,'•' ft .v I Capsules | * * •*• UHRICHSVILLE - Claymon Mustang Booster Club meeting has been canceled tonight due to the holidays. UHRICHSVILLE - Knights of Columbus hosted their annua Children's Christmas party las' night. Each child received a gifi from Santa and were served. refreshments UHRICHSVILLE - In a mi nor accident investigated by po lice Tuesday, an auto driven by Susan Boon, 20, of 720 N. Daw son st. struck one parked in front of her residence, owned ty Robert Stewart of /lorwalk, Ca" lif. Maurer is selected Buckeye Club head UHRICHSVILLE - Buckeye Club members elected officers during a meeting Tuesday. They are: Walter Maurer, president; Burton Peck, vice president; John Browning, secretary-treasurer and William McCormick, Harry Kaiser, Dave Smith, Rex Hostettler, Jim Heakin and Harold Dulin, board of monitors. Smith, program chairman, introduced Warren Binder. Claymont teacher and basketball coach, who showed slides of the Holy Land and Middle East. > touch with the director of the Department of Mental Hygiene (Martin Janis), who is a personal friend of mine. I want him to hear what those conditions are. "If we can't send men to institutions, maybe we better forget about .the criminal side of the court. For the present I'm going to ask the sheriff to hold him (Randies) in custody. I want to find out more about this." Randies was' remanded to county jail. Randies later signed an affidavit, witnessed and notarized by his attorney, Russell Lyons. In the affivadit, Randies said he was confined for 30 days with another white inmate. In a cell adjacent, were two Negroes. The affidavit states: "The colored men repeatedly referred to the two white men as girls and requested unnatural sex relations. Threats of knocking the white boys out were made if the demands were refused. "One large colored man demanded 15 packs of cigarets in return for protection from threats of bodily injury from others. "The demand was refused and shortly thereafter the extortionist hit Randies in the mouth and, with two other men, pushed and beat him. "When questioned by guards about the incident, Randies said he refused to point out his assailants for fear of reprisal. "Two or three days later the same colored man demanded that Randies submit to indecent acts of sodomy." On still another occasion, the affidavit adds, Ranxfles was accosted by a man, who demanded unnatural sex relations, and "was threatened with violent physical injury when .he refused." The affidavit concludes that: "Randies has been threatended with unnatural sex relations and violence to the extent that he is constantly in fear. Nothing is being done to prevent the reoc- currance of these situations.\ Guards are cumstances remedy that (Randies) hit offenders with anything available for defense." aware of the cir- and suggest as a the reformatory. I will get in The affidavit was signed on Dec. 18, three days after Ran- dies' court appearance. During Randies' the trial, following .plea, Judge Wendt asked Atty. Lyons for comment. "True," said Lyons, "He has been a violator, but I can't be convinced he should be faced with the homosexual perverts he seems to be required to live with. I urge the court for consideration some other way in which he can finish his sentence. . ." James Freeman, county prosecutor, when asked for comment by the court said: "I'm moved by the boy's story myself. That's where we send them. I would have to admit that my thinking has changed somewhat with this boy ... we would have to have some heart. . . it bothers me that we send any man or boy where there may be sexual perverted activities in that type of situation." Then Freeman said "But neither you, nor I, nor Mr. Lyons nor anyone else in this courtroom is going to be able to change that situation except letting it be known and hoping some effort will be made to improve it." Charges of sexual perversion m Ohio Penal institutions is not new. Its existence is admitted by most penologists. Within the wall of Mansfield Reformatory, perversion is lab- led "the animal problem" by inmates. Supt. Ben Cooper was quoted in 1969, by the Dayton Daily News as saying: "It is impossible to know how much goes on up there. With two and nwre men in all those many cells, it sometimes frightens me to think about it." The Rev. Warren Shelton, first black chaplain to work on a full-time basis in Ohio's penal system was quoted as saying: "Sure we have a sexual problem and a racial problem. It's boiling out there." ' Judge Wendt has contacted the Department of Mental Hygiene and Correction in an effort to confer with Janis. To date, Jam's has not been available. Available to Judge Wendt is the state's relatively new "shock" law under which a man, convicted of a felony, can Two Nc'town police deskmen fretful about ambulance calls By MRS. SALLY DUFFY Telephone 498-8088 NEWCOMERSTOWN - At least two of four police deskmen are unhappy over the prospect of answering telephone calls for emergency ambulance service. Mansfield Ambulance Service, which will begin providing emergency ambulance service for area residents Jan. 1, has asked that a telephone and radio, from their company be installed at the police desk so that the officer on duty can take emergency calls if both'ambu- lances are out and can relay the message to the ambulances by radio. Dane Hursey and Howard Hensley said Tuesday that they do not want to answer the phone unless Mayor Chester Sharrock and council answer two questions: "Who's going to protect the desk men in case of a civil suit arising from the answering of the phone? Which emergency phone and radio have priority?" Hursey explained that there is a question of civil liability.if the deskman answers the ambulance phone, but the ambulance, by some mistake, does not arrive at the proper place- He said he would like assurance that if such a suit would happen the village sume liability, He A gift exchange was held and a collection taken for Heart and Hand House Camp at Phillipi, W. Va. Next meeting will be Jan. 25 with Mrs. Loring Palmer as hostess. Mrs. Harold Marfatt will lead devotions and Mrs. Tom Seiber will present the program. M and M Class of Calvary United M,ethodist Church held a covered dish dinner in the social room of the church Friday with 20 members present. Lloyd Geogue led devotions on the Christmas theme with several members participating. Officers elected Oldt, president; would also as- explained that with the installation of the ambulance phone, deskmen have three phones and five radios to cope with and that he feels clearcut guidelines should be laid down as to which has priority. Hursey said the deskmen had asked Sharrock for a meeting, but he had refused to discuss the matter. When Sharrock tried to get a meeting with the men later to iron out the problems, they refused to meet with him. Ik- Re b e k a h Circle of Christ United Methodist Church met Monday night with Mrs. Jack De Ring. Barbara Mathias led devotions, reading the Christmas story from Isaiah and Luke. Mrs. Wilbur Calhoun presented the program entitled "Christmas Away From Home." are: Frank Mrs. Clyde Thomas, vice president; Mrs. Geouge, secretary; Mrs. Pauline Albaugh, assistant secre tary; and Walter Beal, treasurer. * Eighteen members of Oriental Chapter, Order of Eastern Star, were present at Monday night's meeting with Mrs. Robert Denham presiding. A letter of thanks was read from the family of Mrs. Doris Ross and a re port was given on the candy sale. Mrs. Mary Phillips was reported recovering from an auto accident, and Roy Curtiss, Elizabeth Huff, Mrs. Wilma Clemens, and Clarence Ashelman were reported ill. A new advisory board was appointed for Rainbow Girls. Members are Mr, and Mrs. Robert Denham, Mr. and Mrs. Al Hart, Mrs. Marty Lou Robinson, Mrs. Awilda Starkey, Mrs. Nettie Hillborn, Mrs. Ralph Tilton, and Charles Knight. Announcement was made of the school of instruction Jan. 6 at Steubenville with registration at 3 p.m., dinner at 5:30 and the school at 7. A gift exchange and short Christmas program was in charge of Mrs. Denham, Mrs. Martha Darr, Mrs. Carl Peo pies, Mrs. VirgU Eckleberry Mrs. Hillborn, Mrs. Charlene Porter and Robert Denhan. Announcement was made of the officers practice Dec. 30 at 7 p.m. and. next meeting will be Jan. 4 with Walter Brenneman in charge of the kitchen committee. Members are to take sandwiches. R.L. Burley of 320 W. High st., New Philadelphia, won the $5C door prize awarded at the ben efit basketball night for the King playground benefit. Mrs. Hazel Elliott of E. Canal st. here, won the turkey. A total of 150 people attended the three games. games Monday Martin Luther be considered for probation after incarceration of not less nor more than 60 days in a penal institution. The idea is that a man may be "shocked" by his admisson to the institution and more likely to respond to probation than at any other time. On the same day that Randies appeared in court to recount his experiences in prison, another local ex-con, chose to walk away from Coshocton<Memorial Hospital here rather than face what he termed the "perverted society of prison." Gordon (Spunky) Firman of Warsaw was facing return to Ohio Penitentiary as a parole violator after he recovered from a gunshot wound in the arm. Firman was shot by an unknown person on Thanksgiving night under circumstances still being investigated. He was to be returned to custody unon his release from the hospital. Firman, still a fugitive, Is the subject of an all-points bulletin to Ohio law enforcement agencies. At county jail, Capt. Robert Wilson reports that Randies is a "model prisoner," who gives no trouble at all as he waits word from common pleas court on whether he must be returned to the "animal" 1 society of Mansfield Reformatory or whether the court will find .some other means of imposing sentence. s ~, Patrol cites 4 . in area mishaps; 2 persons hurt Two persons received minor injuries and four persons were cited in mishaps investigated Tuesday by state patrolmen. Jerry Milburn, 23, of RD 1, Dennison, was treated at Twin City Hospital for injuries received when hv; car left a curve on County Rd. 61, north of Rt. 36, at 10:50 p.m. and struck an embankment. - , , Kathy Shaw, 17, a passenger in an auto driven by Margaret Shaw, 18, both of Sugarcreek, was injured at 8:10 a.m. in a crash on County Rd. 72, east of Rt. 93. Patrolmen said her car slid off the roadway, struck a utility pole, then spun around and came to rest against a picket fence. The driver was cited for speeding. Monica Enot, 34, of Canton was cited for driving left of center following a 9:50 a.m. accident on County Rd. 36, north of Rt. 542 in Carroll County. Patrolmen said she came over a hillcrest, observed a farm tractor driven by Howard Geckler, 36, of RD 1, Magnolia, swerved left and struck the tractor. Allen Handlan, 23, of Parkersburg, W. Va., was cited for speeding after he apparently fell asleep at 9:20 a.m. on 1-77, struck a delineator post and went into a ditch near Exit 12. Retiring speaker gets $ 38,000 going away gift WASHINGTON (AP) - When House Speaker John W. Me- Cormack retires to his Boston home next month, he will have, with the compliments of his colleagues, a man staff free and office, other a two- emoluments worth $38,000 for each of the next two years. The House, in which Me- Cormack served for the past 42 years, voted that retirement present Tuesday for the 79- year-old Democrat, whose congressional service ends Jan. 3. The 218 to 69 vote by which the House took the unprecedented action dealt with a situation in itself almost unprecedented. Not since Speaker James L. Orr, a South Carolina Democrat, laid down the gavel in 1858 voluntarily to retire to private life had a Speaker quit the political arena of his own accord. Some died in harness and others, like John Nance Garner of Texas, sought other office. McCormack held the record for unbroken tenure in the job that stands in line of succession to the president. He wielded the gavel since Jan. 10,1962. Tliat kind of record, the House Administration Committee said, deserved some demonstration of "deep respect and affection." So the committee approved 3 resolution, which the House accepted, giving McCorraack, f the next two years, these emoluments that he normally would have surrendered when he left office: —Office space in the old Boston Federal building which new houses McCormack's district of. fices. Each incumbent member of Congress gets such space when available, or $200 a month to rent private space. —$100 per month for routine office expenses in addition to office furnishings. Members now receive this. —$100 per month for telephone service. McCormack de» dined an additional allowance for long-distance phone expenses. —A $3,500 allowance for stationery. Any part "of it not used reverts to the Treasury. Incumbent members may draw the $3,500 and use it for any purpose. —The franking (free mail) privilege for two years. Ex- members now get this for six months only. —Two office employes at annual salaries of $10,929 each, paid out of House funds. At McCorraack's request, the House deleted a provision for about $700 worth of mail an4 special delivery stamps annual, ly and trimmed the office payroll about $16,000 per year.