Tucson Daily Citizen from Tucson, Arizona • Page 32

SATURDAY, JULY IQ. 1965 FINANCIAL REVIEW A I I I Market Fails To Follow Last Week's Big Rally NEW YORK -UP)-- The stock market failed in this holiday- shortened week to follow through on last week's strong rally. The market was closed Monday for observance of the Fourth of July. Trading. fell off sharply and the averages managed to post only small gains for the week.

Brokers said they felt that the market was entitled to a pause after the previous week's wild gyrations. For most of the week institutional demand was lacking and investors their war scares as the fighting in Viet Nam escalated. The market was bothered by the report of the National Association of Purchasing Agents that business activity increased at a slower rate in June than in previous months. It was uncertain, too, about negotiations in the European Common Market and the outlook for the British Labor Government. An encouraging factor was that corporate earnings reports for the second quarter were beginning to come out.

The expectation was that they would be as good or nearly as good as the excellent ones for the first quarter. Of 1,509 issues traded, 511 advanced and 800 declined. There were 115 new 1965 highs and 69 new lows. Volume for the four-day week totaled 15,618,870 shares against 33,860,195 for the previous week and 25,594,771 a year earlier. The Associated Press 60-stock Contract Suit Dismissed Work On Jail Already Done An appeal challenging the contract award to The Ashton Co.

for construction of the new Pima County Jail was dismissed yesterday by the Court of Appeals. The.court ruled the work already has been done and the case has become a moot issue. Ashton had submitted the second low bid of $563,535 on the project, but received the award from the Board of Supervisors when it was pointed out that the J. R. Francis Construction low bidder with $558,975, failed to qualify under s-tate law.

The little-used Arizona law, cited by Ashton, says that firm, in order to qualify for a five per cent preferential in public bidding, must have paid property taxes on enough pieces of equipment to complete the job. When Francis presented a list of equipment on which it had paid taxes, the county engineer agreed this was not enough for the work involved. Francis took the to Superior Court but lost. It then appealed the case. In dismissing the appeal, the high court stated (that because Francis failed to obtain a stay of proceedings, Ashton fulfilled its contract with the county built the jail.

Santa Rita Lawsuits Settled Lawsuits filed by a man and a woman who claimed they were injured when portions of the Santa Rita Hotel Mezzanine ceiling fell on them have been settled out of court for undisclosed sums. Mrs. Biilye Lieberman, who was a secretary for the Southern Arizona Livestock Association at the time of the mishap, and Phil Arden, association office manager, were the only ones in the mezzanine office when the ceiling collapsed Jan. 30,1962. Arden claimed that the plaster and wire that fell on him broke five ribs.

He said he suffered cuts and abrasions as a result of the. mishap. Mrs. Lieberman said she sustained cuts and scrapes and inflammation of the lungs. The plaintiffs, each asking $20,000, accused Goodman Properties, then the owners, of negligence in allowing the ceiling to fall into disrepair.

Attorney William A. Riordan represented Mrs. Lieberman; John C. Haynes appeared for Arden. Firm Burglarized Burglars broke into O'Malley Building Materials, 1310 S.

Wilmot Road, early today and took more than a $1,000 worth of power tools. Police said the burglars used a crowbar to pry open a window in the back of the store to gain entry average rose 2.6 for the week to 323.7. The Dow Jones average of 30 industrials gained 4.23 for the week to 879.49. When the market resumed operations on Tuesday, it found that it had lost the momentum for the four previous rising sessions. The loss was small and trading was dull.

On Wednesday, the market dragged through its most lethargic session in nearly two vears. Volume fell to 3.03 shares, lowest since 2.94 million shares changed hands Aug. 2, 1963. Another small loss was registered. The market showed its only spark of the week on Thursday, when it pulled out of the doldrums with a sudden sharp rally in late trading.

Institutional buy- ing and short covering were credited for gain. Yesterday, the market tiled to extend the rally of the previous day but was able to only a mild gain. The five most active stocks this week the New York Stock Exchange were: Polaroid, up 2 at 65 on 306,800 shares; Fairchild Camera, up 5 at 47; Control Data, up at 39; General Motors, off 1 at 97y 8 and Chrysler, off 1 at The five most active stocks this week on the American Stock Exchange were: National Video, up iy 2 at 42y 8 on 130,500 shares; Syntex, up 434 at 79y 2 Asamera Oil, off 1-16 at 1 13-16; New Idria Mining, off 8 at and Computer Sciences, up at 5714. thai 4e4amlect Unscramble these four Jumbles, one letter to each square, to form four ordinary words. YINSH SLEBS VIEWEL YOMPLE v.

WHAT SOME WEN WITH THINNIN6 HAIK SEEM TO SET EACH TIME THEY 60 TO THE BARBER'S. Now arrange the circled letters lo form the surprise answer, as suggested by the above cartoon. ,11 IT! FOR THEIR i i i i i Monday) JunJblew GASSY CHAMP DOUBE.Y EIGHTY Aiuwerj What you hsve to pay a. good cleaning women thete TIDY SUM Court Denies Appeal In Probation Revocation A defendant need not be represented by an attorney at the time his probation is revoked, the Arizona Court of Appeals ruled yesterday. The decision was handed down on an appeal brought by Eugene V.

Johnson. Johnson, 40, had been granted five years' probation on his guilty plea to burglarizing a local department store in 1962. Jury Awards $300 In Commissions A Superior Court jury last night awarded $300 in damages for unpaid real estate commissions claimed by realtor Charles Reiss against the real estate firms of Winter-Luety and Dan McKinney. Reiss, of 7641 E. Golf Links Road, claimed he signed a contract with McKinney, Stewart Winter and the Winter-Luety company in 1961, guaranteeing him 10 per cent commissions on sales made by the defendants on his references.

The defendants, said Reiss, broke their contract with him in dealings with New York City investor Joseph Rey and others. He asked $16,000 as his estimate of commissions and interest never paid him. McKinney is a former Tucson District One school board member. Attorney Maurice M. Stern represented i Thomas Chandler, Henry G.

Zipf, Charles D. McCarty and J. Mercer Johnson appeared for the defense. Youth Gets Second Sentence Arthur Lee Cooper, 18, who started a fight in City Court on Wednesday was fined $50 or 10 days in jail yesterday on the disorderly conduct charge which was being heard when Cooper attacked the complaining witness. During the Wednesday trial Cooper struck Lon H.

Holliday', 27, in the presence of City Magistrate Charles Gatewood. Gatewood immediately sentenced Cooper to 90 days in jail for contempt of court. Yesterday, Gatewood found Cooper guilty of the disorderly conduct charge and pronounced the second sentence. Cooper originally was accused of making verbal threats against Holliday last May when he refused to lend Cooper Holliday, of 3618 E. is a ticket agent for Greyhound Bus Lines.

But his probation was revoked last year on the grounds that he tailed to remain in Detroit to support his family and was given a four to five-year prison term by Pima County Superior Court. The Appeals Court, in its ruling, stated that the Arizona Supreme Court decided in 1937 that a court may withdraw probation and proceed with sentencing without formal trial or the taking of evidence. "If our Supreme Court had any intention to change or modify its holding it certainly had the opportunity to make some mention of it" the Appeals Court added. It further held that unless the situation is changed by the Legislature or there is a clear abuse of the state statutes, a defendant need not have counsel when probation is revoked. Man Must Face Trial For Rape George Raymond Owen yesterday was ordered held for Superior Court trial on a charge of rape.

A second rape count against Owen was dismissed. The action was taken by visiting Justice of the Peace W. L. Swink of Mammoth. Owen, a mining company em- ploye, was arrested by city police on June 15 and charged with two counts of rape stemming from incidents involving teenage girls at his home at 5640 E.

33rd St. Police said the parties were attended by as many as 15 persons, almost all girls. The victim in the alleged rape is 16. Evidence in the second charge was deemed inadequate by Swink. Malpractice Suit Settled Out Of Court A $37,500 malpractice suit against a Tucson surgeon has been dismissed in Superior Court with an out-of-court settlement for an undisclosed sum.

Mrs. Lerah A. Cooper, of 2731 Carthay i had claimed that Dr. John R. Schwartzmarm did not use reasonable care when he put her arm in a cast on Aug.

27, 1961. Mrs. Cooper was being treated for a wrist fracture and a dislocated elbow, according to the complaint filed by attorney William Netherton. Mrs. Cooper said the cast was too tight and resulted in a stoppage of blood circulation in her arm and nerve damage.

PAGE 33 Presidential Outing --AP Wlrephoto President Lyndon B. Johnson, accompanied by former in a speedboat on Lake Lyndon B. Johnson near Kings- White House Press Secretary George Reedy, left, and land, yesterday. The President is spending a J. C.

Kellam, Austin television executive, take a turn working, relaxing weekend at his ranch near the Lake. 7TH YOUTH SOUGHT Suspect's Father Calls Gang Rape 'Boyish Prank' OKLAHOMA CITY UPI Police, spurred by an irate and alarmed citizenry, a searched for a seventh suspect in the gang-rape of a 15-year- old girl an incident the prominent father of one suspect described as a "boyisli prank." Authorities also discussed filing charges against the father, David C. Shapard, attorney and unsuccessful Republican candidate for attorney general in 1962. Police said he had interfered with the investigation. SHAPARD IS accused of removing his son, John William Shapard, 16, from the juvenile department of police headquarters after he had been taken i custody.

Both later appeared in court. The boy was arraigned, bond was posted, and both were gone before police investigators realized the boy had been taken from the station house. The Shapard youth, James B. Fellers, 17, and Johnny Ishmael, 16, all from fashionable, suburban Nichols Hills, were arraigned yesterday. All three were released on $10,000 bonds.

The other suspects, twins Michael Otis Stanley and Richard Payton Stanley, 17, and Larry Wyatt Smith, 17, all of Midwest City, were unable to immediately post bond and were held in jail. They defiantly refused to answer questions when officers tried to interview them in their cells yesterday. A seventh suspect was arrested late yesterday, but he was exonerated after a lineup at police headquarters. The girl, who claimed seven boys raped her, was not able to identify him. THE OTHER SIX are charged with second-degree rape.

They are accused of picking the girl up at a northside drive-in restaurant and taking her to a deserted area north of the city. There, police said, she was threatened and forced to submit. A physician who later examined the girl confirmed she had sexual relations. After the series of attacks, the girl said she was given back her clothing, returned to Finn Told To Cease Operation Owners of what the city claims is a salvage yard at 110 W. Drachrhan St.

have been ordered to cease operations immediately and to clean out unsightly heaps of salvaged building materials within five days. Richard Higginbotham, chief city building inspector, said the operation was a violation of zoning ordinances. Letters to three property owners and a demoli tion company calling a halt to it were mailed yesterday, he said. Higginbotham said piles of lumber, about two dozen bathtubs, around thirty sinks, and other materials were stacked up on the property awaiting sale. "We've had a lot of complaints about it," he added.

"It's a. shame for people to see this right on one of the main routes into town." Gerson Demolition and Excavating Co. has a city permit to tear down an old residence at the address, Higginbotham said. The salvaged materials axe spread over that lot and three adjoining ones, he added. The property owners involved are Mutual Investment and Trust Orland Fiandaca.

and Arnold and Janet Zimet, Higginbotham said. Oklahoma City and let out at the drive-in. She said that when she arrived at her aunt's home, Shapard's father was there urging her aunt not to take the matter to the police. "Boys will be boys," the aum quoted the elder Shapard as saying. The mood of the shocked and shaken city was reflected in a strongly-worded resolution in which the Greater Oklahoma City Council of Churches condemned a general atmosphere of condoning lewd influences and urged community action to change the moral climate.

THE RESOLUTION was prompted by a disclosure by County Atty. Curtis Harris that at least a dozen gang rape cases have been reported in Oklahoma City in recent months, but parents of the victims refused to press charges. Harris said 10 boys recently were suspended from two Oklahoma City high schools for membership in a secret sex club. He said the 14-year-old daughter of a business executive was attacked at a party sponsored by the club, but the girl's father would not prosecute. Pegler Has 20 Days To Make Suit More Specific Former newspaper columnist Westbrook Pegler yesterday was given 20 days to make his $2 million invasion of privacy lawsuit against KOLD and the CBS Television Network more specific.

The suit claims KOLD (Old Attorney Wins $1,000 In Damages A Superior Court jury last night awarded $1,000 to Tucson attorney J. Mercer Johnson for damage to his property by the diverted flow of water from an arroyo dam on a neighbor's lot. He had sought $50,000. Johnson had sued both Dr. Martin Gluck and John W.

Murphey, who, he said, built the dam in 1962. The Murphey suit later was dropped. Johnson, whose property is located on River Road near the intersection of Hacienda del Sol Road, claimed diverted water ruined landscaping and part of his driveway and even threatened his house. Gluck maintained that the dam was already in place when he purchased the property and that Johnson never told him that it was causing damage. Key witnesses for Johnson were his neighbors William" and Mary Anne Richey, 2800 River Rd.

Richey took pictures of damage to the Johnson property. Lawrence D'Antonio represented Johnson in the trial before Judge Lee Garrett. Leonard Everett appeared for Gluck. Narten Asks Execution Commutation The Arizona Supreme Court was asked yesterday to commute the death penalty of Karl Narten of Tucson. The court may not rule until fall in the case of Narten, 32, who was convicted of the Jan.

31, 1963 slaying of Rickel M. Hansen, 23, in the desert near Tucson. Hansen was shot and his fiance, Patricia Crosby, was abducted and shot. Miss Crosby recovered and testified against Narten in Pima County Superior Court. Tucson attorney Jack Podret, representing Narten, told the high court, which recesses for the summer next week, that a psychiatrist was not permitted to testify at Narten's trial.

The testimony, Podret said, could have resulted in a penalty of life imprisonment. Pueblo Broadcasting Tucson) and CBS presented a television play last year which wa: purportedly based on a 1954 lawsuit in which Pegler, a Tucson resident, was a defendant. At the same time yesterday, Pima County Superior Court Judge John Collins removed the names of Ed Sullivan and Random House Publishing Co. from the defendants in Pegler's suit. Collins ruled that Sullivan, on whose show parts of the play were dramatized, and Random House, publisher of the play, were not responsible for the play reaching Arizona viewers and readers.

The play, "A Case of Libel," was written by Harry Denker from a book by attorney Louis Nizer. The play is purportedly based on a federal lawsuit in which the late writer Quentin Reynolds won a $175,000 judgment against Pegler and the Hearst newspaper chain. The suit claims the play was shown without Pegler's consent; that, as a retired columnist, he is no longer a public figure, and that the play is an "inaccurate and distorted fictionalized version of what occurred at the trial." Forest Fires Controlled The forest fires which have swept across southern Arizona in recent days have been brought under control, but the fire danger remains, according to Howard W. Shupe. Shupe, fire control officer fo he Coronado National Forest said there were about eigh 'ires scattered around the na forest today, covering total of about 60 to 70 acres.

"The biggest fire right now i a 60-acre blaze in the Sant Ritas which is under control, he said. "The rest are spot fire covering less than a quarter an acre each. "We had some rain over most of the forest last night," he added, "and things are looking good. However, the fire danger still is rated as extreme in the Catalina district and high to moderate in the rest of the forest." Shupe said 50 fires were re- Nicholson Sentenced In Shooting PASADENA, Calif. UPI -Wealthy heir Timothy Nicholson sat with his head bowed while Superior Court Judge H.

Burton Noble sentenced him yesterday to serve 1-10 years in prison for the fatal shooting of his twin brother, Todd. Noble rejected a request for a new trial and turned down defense arguments for proba tion. The 22-year-old Nicholson was convicted of manslaughter June 7 after a trial lasting almosi six weeks for the Dec. 8 slay ing of his twin in their Temple City apartment. Each twin had inherited half a million dollars in 1958 on the death of their father, the son of former Pullman Car Co.

president Edward Carey. The prosecution had cbargec Nicholson with murder, claim ing he threatened his brother in the presence of a witness and producing another witness who said he was offered money to kill Todd. The defense insisted the shoot ing was accidental, the result of r.r, argument that began when Timothy said he would take a gun away from his brother. Postmen Take Cheer! Your'Halt'Is Here "Halt," the postman's answer to'biting dogs, is here. Distribution of the small aerosol cans, which mailiaen can easily carry on their belts, was completed today.

The repellent, which contains a cayenne pepper base, is effective in warding off attacking dogs but is "absolutely harmless" to them, stressed Tucson Postmaster Arnold Elias. Effects of the repellent, according to the postmaster, wear off in 15 minutes, but an orange coloring is left on the fur. This, he said, can easily be removed by washing, The coloring, however, is expected to be helpful in locating the right dog in event there is a question of rabies- should the "firing" come too late. Tucson's postmen, Elias said, have been warned against any "quick draws" so there is no anticipation of misuse of the repellent. "Halt," already in use in many parts of the country, has been tested and approved by the University of Georgia School of Veterinary Medicine.

Tucson's postal officials hope the repellent will complete the job started by the city's leash law. Before the leash law went into effect in January, 1964, post office records show dog bites averaged one per week. Twenty-nine dog bites were reported by postmen during the fiscal year that ended June 30. NO COOPERATION City Attorney Blasts County Atty. Green pate in the case.

He added that Green was still on vacation and wouldn't return unti! next week. v. Schafer also pointed out that even prior to the appellate court's ruling jury trials were' held in the justice courts. "I don't think that ruling applied to the county," he ported during the past week, covering about 6,000 acres. "We're in the process of demobilizing manpower all over the forest," he said, "and we expect that 175 organized crews from New Mexico will have been shipped out of here by tonight.

They have been on the line for several days." If lightning storms continue, however, fresh crews will be brought in, he said. County Atty. Norman E. Green has ignored a lawsuit that could cost taxpayers hundreds of thousands of dol- lars, City Atty. Calvin Webster asserted today.

Webster referred to a legal action in which the State Court of Appeals last month declared that city and coun- ty courts must grant jury trials to persons charged with misdemeanor violations of state laws. Specifically, the court ruled that a motorist in a City Court case may request a trial by jury. A motion for rehearing of the appellate court's decision is scheduled July 14. Webster assailed Green's failure to help the city defend in the case. He previously stated that an adverse decision could cost the city up to $100,000 a year.

But it could prove even more expensive to the county he pointed out today. The city attorney noted that twice as many jurors are usually required for county trials and that jury pay is much higher. He said the county pays its jurors $8 a day and the city only $1.50. "Both the city and the county are supported by the taxpayers and should work together in this case. They shouldn't be regarded as two individual empires," he concluded.

Coastal Village Cancels Big Day PORTSLADE, England -UPI This coastal village had been planning a big day in August, when the 270-foot submarine HMS Tallent was to visit the harbor. The town council hastily called the Navy yesterday and cancelled the visit. The harbor is only 246 feet long. Fish To Be Studied ST. JOHN'S, Nfld.

A federal research team will make a study of cod and red- fish off the coast of Greenland this summer. It also may tag some Atlantic salmon to determine where the salmon when they leave Greenland. Assistant County Atty. William Schafer III, said he did not know whether Green had made any arrangements to partici- "WPT .15. Women Will Meet JAKARTA, Indonesia --UPI-A delegation of American women will meet here next week with women from Communist North Viet Nam and their Viet Cong allies in South Viet Nam, the official Indonesian Antara reported today.

Antara said 12 women agency from a A i a organization known as the Women Strike for Peace would confer July 13-18 with six North Vietnamese women and six women of the National Liberation Front for South Viet Nam. The Antara report quoted an American delegate as saying the meeting would be an informal session "to explore the possibility of mutual Actions." $1.5 Million Suit Filed Against Star A $1.5 million lawsuit has been filed against the Arizona Daily" Star by Tucson House Inc. and' apartment house directors Ray-- mond S. and Seymour W. Basis of the complaint is an editorial that appeared in the'.

June 15 issue of the Star in- Which, Tucson House the writer "suggested" inaccur-- ately that the apartment house, is under foreclosure proceedings. Tucson House is not under foreclosure proceedings, the suit says, and the editorial has jeop- ardized the $5.75 million mort- gage against the apartment building. The suit calls the editorial an example of poor journalism and alleges that Tucson House and the reputation of its directors has been "permanently damaged." The editorial was written in comment on statements by liam McChesney Martin, man of the Federal Board, that credit buying damaging the American omy. The Martin statements in- Washington caused a stir in the' White House and immediate- denials by Vice President Hubert H. Humphrey.

The editorial praised Martin as speaking the truth and remarked that one "need look around Tucson zona" for examples only and Ari- of credit. buying damaging to the econ-S omy. Attorney Paul G. Rees pared the suit for the Tucson House. NEWS Local Firm Wins Fort Maintenance Contract The American Quality Assurance Engineering 3836 E.

27th has been awarded a $112,000 contract for maintenance of buildings at Ft. Huachuca during the 1965-66 fiscal year. John Vance, president of the firm, said 20 to 30 new employes will be hired to carry out the work. His firm now has about 28 employes. Vance, prior to moving here in 1962, had an engineering company in Culver City, Calif.

In starting out at Tucson, he was the only employe and the plant had but 2,000 square feet of space. Today it has 8,000 square feet. American Quality, besides doing maintenance and engineering work, has started manufacturing equipment for producing electronic components. PENNEY EXECUTIVE HERE PROMOTED Lee Rogers, sales and merchandise manager of the Tucson J. C.

Penney Co. store, will be transferred, and promoted to manager of the Penney store in Palmdale, effective July 26. Rogers began his Penney career while still in high school in Milford, Utah. Following graduation, he spent 31 months in the armed forces during World War II. He rejoined the Penney family in 1946 and was transferred here in 1955 as a department manager.

He was promoted to his present position in 1961. TUCSONIANS TO ATTEND BANKING INSTITUTE A group of Tucson bank employes will attend the 31st regional conference of the American Institute of Banking this weekend in Long Beach, Calif. Fred Moor, associate councilman for the Tucson chapter of the institute; Mrs. Mable Erickson, past associate councilman; and Mrs. Ruth Engelby, national committee member for publicity and publications, will make workshop presentations.

Mrs. Anne Clay, president of the Tucson chapter, and other delegates will present.a skit at the conference inviting bankers to come to Tucson in 1966. Attending from Tucson will be Todd Langley and Kenneth Biehl of The Arizona Bank; Mrs. Marilyn Jacobson, Richard George and Arthur Soosong of Southern Arizona Bank Trust Mrs. Erickson, William Waldron, Moor and Lee Farmer of Valley National Bank; and Mrs.

Clay, Mrs. Beatrice Turpen, Mrs. Engelby and Irving Rupert of the First National Bank of Arizona. HAZELTINE ELECTED A VICE PRESIDENT John Hazeltine, comptroller of First National Bank of Arizona since January, 1964, has been elected a vice president. He will continue to head the comptroller's department.

Hazeltine, born in Prescott, was graduated from the Univer- sity of Arizona in 1952. He then I joined the staff of First Nation- al's predecessor, The Bank of Arizona at Prescott. His experl- ence includes general bank oper- ations and loan activities. He spent several years at branches I in Tucson, advancing to manager of the 22nd St. and Cherry Ave.

office. He also was manager of the Tucson Clearing House. His 1 assignment to the home office administrative staff as assistant comptroller was. made in 1963. i.