Muncie Evening Press from Muncie, Indiana • Page 1

Mfftnn THE MUNCIEO I A Oct. 20, W77 I If you must smoke, don't do it here Var. 7 Mvncie, ind. "Jtherp the Spirit of the I Mini h. There LL.L...LlL.-.

ii i mm win i Hijacker demanding jail release gay pal ATI A Mf A TT-T A A Kiritsis jurors call for court's finer definition INDIANAPOLIS (UPI) A jury which was "far from a decision" on Anthony Kiritsis' sanity during his abduction of an executive last winter resumed deliberations today with a more detailed definition of "reasonable doubt." The panel of seven men and five women, which pondered the case for nine hours Wednesday, returned to the jury room about 9 15 a.m. for its second day of deliberations on the kidnaping, extortion and armed robbery charges. Since Kiritsis admitted on the stand he wired a shotgun to the neck of mortgage company executive Richard O. Hall and held him hostage for $5 million last February, the jurors' only decision was whether he was legally insane at the time as the defense contended. Marion County Superior Court Judge Michael Dugan provided the jurors with a copy of his preliminary instructions, which included a lengthier definition of reasonable doubt than the final instructions he gave them in court.

The jury requested a definition of the legal term late Wednesday night about an hour before foreman Gregory Hach sent out a note saying, "We are far from a decision. May we recess for the evening?" "A reasonable doubt, as the words imply, is such a doubt as may reasonably arise from the evidence or the lack of evidence or from a conflict Jn the evidence on or concerning a given fact or issue," the new instructions read. "It is not a mere possibility of error or mistake." The instruction told the jurors to find Kiritsis guilty if "you would feel safe to act upon such conviction in a matter of the highest concern and importance to your own dearest and most important interests." Kiritsis, 45, Indianapolis, who was described as a "paranoid personality" by both prosecution and defense, pleaded innocent by reason of insanity and his lawyers argued he couldn't control his actions. He staged the carefully planned abduction because he believed Hall's firm, Meridan Mortgage was trying to cheat him out of a land parcel by preventing him from developing it. So he pulled a shotgun on Hall in the company offices, wired it to the executive's neck and marched him through downtown Indianapolis.

He Continued on Page 2 ing and Johnson got his own private office, he had it declared an official non-smoking area by the county health officer, Dr. Clyde Botkin. But in case visitors aren't aware of that, there are those eight reminders in the form of a variety of signs, desk plates and stickers. Four read "Thank You for Not Smoking," another declares "No Smoking In Office," one warns "Caution, Your Smoking May Be Hazardous to My Health." There are also "Cancer Cures Smoking" and "Yes, I Do Mind" (with a picture of a cigarette). In addition, Phil has several spares bearing such legends as "Kissing A Smoker is Like Licking Out a Dirty Ashtray" and "I Don't Spit in Your Face, So Please Don't Blow Smoke in Mine." Obviously, there are no ashtrays.

If you still choose to ignore the directives, he'll probably tell you "Don't light that in here." If you stroll in already smoking, you'll be asked to take your smoking materials outside. If you insist on smoking, you'll probably find yourself in the outer office talking to Johnson across a wide counter. He just doesn't want the air in his office polluted. "I used to sit out there (in the outer office) and I had to breathe the same air as everybody else," says Johnson. "But I felt when I got my own office I had a right to breathe cleaner air if at all possible." Johnson explains that one time when they pulled down the ceiling tiles and rearranged them, he noticed that tobacco stains had badly yellowed the portions exposed to the air.

"That gave me a pretty good indication of how much of this by-product I was breathing though I'm a non-smoker." So he decided his office would be sacred ground. "Most people are willing to abide by the regulation," he said. If they refuse? "Then I'm not very courteous," he added. Johnson also has no-smoking signs in his van and prefers that people not smoke in his home. However, outside of these areas, he feels he must be more tolerant so as not to infringe on the rights of others.

Nevertheless, if you happen to be sitting next to him and Continued on Page 2 By BRIAN WALKER If the urge for a cigarette moves you while you're in Phil Johnson's office, it's a pretty good bet that Phil will move you, "too right out of his office. Or, for that matter, it would be surprising if you didn't get the message before trying to light up, since Phil has eight signs in his lOxlO-foot cubicle in- viting visitors not to smoke. If this strikes you as a bit fa-r natical, keep in mind that Johnson is the chief of the environmental division of the Delaware County Health Department. If anyone should be concerned 'about breathing clean air, he should. Back in 1976, when the health department moved into its pres-: ent quarters in the County Build- PHIL JOHNSON The smoking lamp is NOT lit in his office.

Evening Press Photo by John Crozier. Germany BONN, West Germany (UPI) West Germany, filled with- "rage, pain and sorrow," distributed thousands of wanted posters today for the biggest manhunt in its 28-year history for the killers of industrialist Hanns-Martin Schleyer. I "We still have not succeeded in catching the murderers, but the first results of our search were considerable," Chancellor Helmut Schmidt told parliament today. Schmidt said terrorist leader Andreas Baader and two cohorts had killed themselves to use "their own lives as a weapon" in their AT 82. HE'S TAPERING i hhii.

The hijacker was identified by the FBI as Thomas Michael Hannan, 29, of Grand Island, Neb. The prisoner he came to free was identified as George David Stewart, 29, a native of Mobile, Ala. They were arrested in Alabama in September after allegedly holding up an Atlanta bank. An hour and a half after the plane landed, a Federal Aviation Administration official confirmed authorities had been in contact with the aircraft. However, there was no indication what was said or whether the hijacker had talked to officials.

A chartered small plane containing Hannan's parents, Mr. and Mrs. W. T. Hannan, left Grand Island en route to Atlanta.

An FBI spokesman in Omaha, said the Atlanta FBI office had "asked they be flown down." A Mobile, police intelligence report on Stewart described him as a "real weirdo" who was anti-Jewish and was arrested on a downtown Mobile street in 1973 carrying a concealed weapon under a Nazi uniform. Mobile Police Sgt. James Gill, reading from the intelligence report, quoted Stewart as saying he Summertime fo show us short rerun Barometer Rainfall (24 hrs. to noon). .01 Rel.

humidity 6 a.m 100 Rel. humidity noon 71 Wind direction. Southwest Wind velocity 5 mph Visibility. 10 miles Sunrise 6:57 a.m. Sunset 5:55 p.m.

Noon Maximum, 55; Ted sees Carter WASHINGTON (UPI) -President Carter will "hang tough" on his energy program, Sen. Edward Kennedy said itoday, calling the Senate Finance Committee energy tax proposal, "a $32 million most outrageous piece of legislation to reach the Senate." After an early-morning meeting with Carter, Kennedy told reporters the committee's legislation, which will be sent to the Senate floor Tuesday, is "a ripoff to the consumer and a ripoff for the oil companies." "I think we ought to stop the biggest manhunt met Hannan in Berkeley, Calif, last year. "They had been traveling around the country since then and both admitted to having homosexual relations," Gill said. In addition to demanding the release of Stewart, Hannan sought $3 million in cash, two parachutes, two machine guns and two .45 caliber pistols. The last successful hijacking in the United States was Sept.

10, 1976 when four Croatian nationalists commandeered an airliner from LaGuardia in New York City. The Frontier Airlines' plane, hijacked in Grand Island, at Muncie time, with 35 passengers and crew, was ordered flown to Kansas City where it too on fuel and released the women and children passengers. It left for Atlanta at 8:30 a.m. After landing here, the plane taxied to a cargo building about 1Vl miles north of the main terminal where authorities had a command post set up. "Man in the cockpit," the pilot of the airliner radioed to the tower at Continued on Page 2 i-iear aiiu nui so cviu To I I 2.

I i night; lows in the mid and upper 40s. Sunny and warm Friday; highs near 70. Winds southwesterly 5 to 10 mph tonight. Temperatures recorded in Muncie during 24 hours preced ing noon today: Noon yestdy 50 Midnight. 2 a.m.

4 a.m. 6 a.m. 8 a.m. .42 .39 .37 .35 .35 2 p.m. 4 p.m.

6 p.m. 8 p.m. 10 p.m. 53 53 51 48 46 10 a.m 44 today, 55 Minimum, 34 'hanging tough' Senate Finance Committee of a $32 billion boondoggle for the oil industry and other groups," Kennedy said. The Massachusetts Democrat said Carter plans to "hang tough" in support of the House version of his energy package in the conference committee against the Senate proposals, which are a mere shadow of what the President requested.

Kennedy said the "goodies" and "tax preferences" to the oil industry must be removed from the bill, and the energy program must stay within the budget. However, a Memphis newspaper, the Commercial Appeal, Wednesday quoted unnamed sources as saying three separate laboratories that examined samples of Presley's blood, tissue and urine found 10 drugs which may have contributed to hisdeath. "If in fact the article is correct in what it implies, then in fact the original statement is not true," Francisco said when asked about his preliminary finding. later and partial service resumed. Spokesmen for the three lines said it would take several hours to reset switching equipment and return service to normal.

The fire damaged air pumps which operate track switching equipment, officials said. Long Island Rail Road terminated its Manhattan-bound commuter trains at Woodside, Queens, where passengers were advised to take buses and subways to the city. Bridge Column .31 Sports 19-21 Theaters 28 TV Schedule 28 Lifestyle 9-12 Want Ads 32-35 I Oct. 20, 1977 A 1 Vol. 73, No.

190 ATLANTA (UPI) A suspected Georgia bank robber today hijacked a Frontier Airlines jetliner in Nebraska and forced it to fly to Atlanta via Kansas City to free from jail a prisoner who admitted to police in Alabama that he had a homosexual relationship with the hijacker. The Boeing 737 jetliner, with 11 passengers and four crew on board, landed at Hartsfield, the second busiest airport in the nation, at 11 :02 p.m. Muncie time. TEXAS QUESTIONS PRISONER ABOUT HARMEIER MURDER MARTINSVILLE, Ind. (UPI) -State police began questioning known sex offenders today in their search for the slayer of Indiana University coed Ann Harmeier.

Major Stanley Kenny, who heads investigation, refused to confirm reports state police had a "prime suspect." There were reports a man held "somewhere in Texas" on another charge was being questioned about the slaying of Miss Harmeier. "I can't comment on that report," Kenny said. "However, we are checking leads in Indiana and other states." Miss Harmeier, 20, Cambridge City, apparently was kidnaped from her stalled car north of here Sept. 12, raped and strangled in a cornfield four miles away. Her decomposed body was found Tuesday and an autopsy Wednesday confirmed the identity through dental records.

Funeral services will be conducted Saturday at the United Presbyterian Church in Cambridge City, i hostages aboard the hijacked Lufthansa jetliner. "I count the readiness of the Soviet Union to intervene for us with the government of South Yemen as one of the positive experiences," Schmidt said. "And the German Democratic Republic was also ready to help on this is a pleasing confirmation of the progress jn our relations." Thoroughout Germany police checked hundreds of identity cards and automobiles in their search for 16 suspects whose pictures were on Continued on Page 2 annually Of the present-day composers, he like Aaron Copland, Samuel Barber, Morton Gould and Richard Rodgers, he said. When asked about the proliferation of symphony orchestras in smaller cities throughout the nation, Fiedler said he thinks most of them can survive. But pouring in great sums of money is not necessarily the right course to follow, he said, because "money covers a multitude of sins." "I've always said I could have the best orchestra in the world at the North Pole if I had enough Continued on Page 2 salary of a full-time coordinator.

That funding is expected to come from several local sources through matching funds. The headquarters for the program is expected to be either in an area within a local business or perhaps in the Chamber of Commerce building. Mike Dooley of the Muncie Sanitary District, who also attended the Pittsburgh seminar, reported on a meeting last week in City Hall with local officials. Dooley said city officials were enthusiastic about the project. Attending that meeting were Mayor Robert Cunningham; his assistant, Don Sanders; Arnold Blevins, head of the Sanitary District; City Con-Continued on Page 2 were suicides, but Baader's lawyer contended Baader had been shot in back of the head.

Radical leftists throughout Europe, convinced the three were killed by their guards, have attacked German property in revenge. Schmidt said the weeks of terror, culminating in the discovery Wednesday night of Schleyer's body in the trunk of a car across the border in France, had caused, "impotent rage, pain and sorrow." Schmidt also thanked the Soviet Union and East Germany for offering their help in rescuing the Symphony tonight, Friday night and Saturday afternoon in preparation for the Saturday night concert which opens the -Muncie Symphony's 1977-78 season. He opened the 1973-74 season here, too. In planning his concerts, Fiedler said, he selects music which he considers will appeal to all tastes, mixing the program with both classical and popular numbers. "I don't play any Bruch or Mahler, they're too long," he said, "and I don't play any far-out modern music." Fiedler said he likes any kind of music, including rock, "if it's good." Fiedler does 'only' 160 concerts Did Presley die of 10 drugs? launches continuing fight to undermine the West German government.

"Apparently their "deaths were not a sign of final insight, but as a signal to comrades still at large. Threats that were made before their deaths support this view," Schmidt said. Baader, 34, co-founder of the Baader-Meinhof gang, and Jan Carl Raspe, 33, were found shot to death in their-maximun security cells. Baader's lover, Gundrun Ensslin, 37, was found hanged from her cell window. 1 The government said the deaths OFF as many as 198 a year, including his regular Pops concerts and guest spots which take him throughout the world.

His Saturday concert in Emens Auditorium will be his 86th since Jan. 1, he said. Fiedler arrived in Muncie Wednesday evening and held a press conference this morning in the Ball State University Student Center, where he is staying. He is to rehearse with the Muncie 3 owns and which is still operable. The conductor' said the photograph will go Into his museum of fire fighting memorabilia In Boston.

Evening Press Photo by John Crozier. Hf if t. I ti'HM: fiSi; MEMPHIS, Tenn. (UPI) Shelby County medical examiner Dr. Jerry Francisco will hold a news conference Friday to discuss Elvis Presley's death amid reports the singer's fatal heart attack may have been triggered by a combination of 10 drugs.

Francisco, who directed the three-hour autopsy on Presley Aug. 16, has refused to comment on reports contradicting his initial diagnosis that the singer died of "cardiac arrythmia," or heart failure. Blaze shuts down Penn Station Plan for tidy city By BOB LOY Arthur Fiedler said this morning that on doctor's orders he has been forced to reduce his conducting activities. The 82-year-old conductor of the Boston Pops Orchestra, in Muncie for a concert Saturday with the Muncie Symphony Orchestra, said he does "only? about 160 concerts a year now. A few years ago, he said, he did if.v".i ANOTHER KEEPSAKE Delmar Dooley (right) of the Muncie Fire Department presents Arthur Fiedler with a photograph of the 1898 Howe pumper which the department Si I IpiilCSlti-V1" 1 takes stepforward -1 NEW YORK (UPI) Pennsylvania Station was shut down for four hours early today by an electrical fire which knocked out signal switches and halted all rail traffic, including commuter trains in and out of the city for tens of thousands of rush-hour passengers.

Power was cut about 4 :45 a.m. Muncie time by a fire in an Am-trak power substation, cancelling service on all Long Island Rail Road, Amtrak and ConRail trains. It was restored four hours Inside Today's Abigail Van Comics Crossword Death Notices By SALLY JONES About 20 persons met early today in the Chamber of Commerce to formulate a permanent anti-litter campaign headed by a Muncie Clean City Commission. Clif Reichard of Ball who recently attended a three-day workshop in Pittsburgh sponsored by Keep America Beautiful, told the committee of progress so far In the program. Topics of discussion included consideration of members for the commission to oversee the program, possible funding for the program and local reaction to the program.

Reichard said the Clean City Commission would cost Muncie about $15,000 a year including the Buren. 9 31 Puzzle .31 .25 6, Markets 30 Press.