The Montgomery Advertiser from Montgomery, Alabama • 13

is eBoimdl IFFdDimit FRIDAY, MAY 16, 1980 Prosecutors begin case in coal racketeering trial By DAVID ROUNTREE Advertiser Staff Writer state Sens. Joe Fine and Eddie Hubert Gilmore, state Rep. Jack Piddle and Clyde Clifton "Sappo" Black, secretary-treasurer of Drummond Coal Co. Gilmore and Diddle are charged only with conspiracy under the RICO Act. Fine, In addition to the conspiracy charge, Is accused of extortion and mail fraud.

Black also faces mail fraud charges along with the racketeering count, The Drummomi brothers are charged with conspiracy, mail fraud and wire fraud. In earlier developments, a defense attorney told the jury during opening arguments Wednesday that former Gov. George Wallace would testify on behalf of Middle. Riddle's attorney, David Johnson, said Wallace would testify that "Jack Is an honest man" and that Biddle was his "No. 2 man" after House Speaker Joe McCorquodale.

The trial will resume at 9 a.m. Friday. ident for finance, Joseph Nichols Jr. testified that Johnsey received at least 14 checks from the coal company during his tenure on its board of directors. The amount of only one of the checks $4,000 was brought out in testimony Thursday.

The money was paid as "directors fees," according to Nichols. Subsequent testimony from Nichols showed that Johnsey received at least five checks totaling $9,000 from the Drummond Co. between February and August of 1976, after his resignation from the coat company's board. Nichols said that money was paid to Johnsey as "consulting fees." All eight defendants are accused of conspiracy under the federal Racketeering Influence Corrupt Organization Act. Johnsey also faces wire fraud and mail fraud charges.

Other defendants in the case are former directors in October 1974, in which Johnsey was elected to the board. Johnsey was an executive with Alabama Power Co. at that time. About a year later, testimony showed, Johnsey resigned from the coal company's board of directors, acknowledging that "some" might consider his position with the Drummond Co. incompatible with his job at Alabama Power.

At a December 1975 meeting of the Drummond Co. stockholders, Johnsey's resignation was announced, according to minutes from the meeting which Segrest introduced as evidence. The stockholders adopted a resolution commending Johnsey for his service, the minutes showed, calling him "a valuable asset to the Drummond Co." The prosecution's second and final witness Thursday Drummond Coal vice pres ing two employees of Drummond Coal. Assistant U.S. Attorney Broward Segrest of Montgomery, one of several federal prosecutors trying the case, called William Long, general counsel to Drummond Coal, as the government's first witness.

Segrest asked Long to identify documents of incorporation, which established that the Drummond Co. of Jasper was organized as a corporation under Delaware law in January 1973. Further testimony showed that four "predecessor companies" H.E. Drummond Coal Republic Products Kellerman Mining Co. and Black Creek Coal Sales Agency were combined with the Drummond Co.

in August and September 1973. The Drummond Co. became Drummond Coal Co. in December 1977, according to Long's testimony. Segrest then turned to the minutes of a meeting of the Drummond board of BIRMINGHAM Federal prosecutors began laying the groundwork Thursday for their case against Drummond Coal former Alabama Power Co.

executive Walter Johnsey and six other Alabama politicians and businessmen. The racketeering and political corruption trial, which is expected to last two months or longer, continued for only half a day Thursday. U.S. District Judge Frank H. McFadden recessed for the day at noon to allow defendants Garry and Larry Drummond president and vice president, respectively, of Drummond Coal Co.

to attend their aunt's funeral. Government prosecutors spent most of the half-day session introducing some of the hundreds of documents which are expected to be entered as evidence in the trial, and question- Airline extends stay till replaced Graddick says he's .1. vTTi 8Sa surprisea' Dy lung By SAM DUVALL Advertiser Staff Writer "I i if -1 I' lets put it like that," Graddick said, adding that the dismissal was "past history" which he didn't want to delve into. However, Eddy, Interviewed by telephone from Mobile where he's an investigator for the Mobile County district attorney, said he was dismissed for "political" reasons. "Lee Hale (deputy attorney general) Is the one who let me go," said Eddy.

"When Lee called rue in on the Friday I was fired I asked him for a reason. "I'm not a merit system employee so 1 knew they could let me go anytime and I wasn't going to kick and scream about it. "In fact, I fully expected to be let go when Charlie took office because a new administration usually brings their own people in," he said. "But I had been with them for about 13 months and 1 just wanted to know why," Eddy said. "Hale said to me, 'well, you're suspect for leaking thut news story in the Huntsville investigation, Eddy recalled.

"I told him, you know that I didn't release that report," Eddy said. "Hale then said, 'Weil Hob, you're loyal to (former attorney General Hill) Baxley' and I said well yes, that's right and if you need a scapegoat I guess I'm it." Eddy said that Hale told him that he could stay on the payroll for another three weeks while he looked for a job and that he could turn in his resignation during that time if he chose to do so. Eddy said he was also told that It would not he released to the news media that he had been fired. See (iHADDK pnge 21 Attorney General Charles Graddick said Thursday he was "surprised" by comments by John Yung, an assistant attorney general who resigned after the conviction of white supremacist J.B. Stoner in Birmingham Wednesday.

Stoner was convicted of the 1958 bombing of a black northside Baptist Church in Birmingham and sentenced to 10 years in prison. Yung accused Graddick of prejudicing the state's case by firing Bob Eddy, the chief investigator for the Stoner case, whom he referred to as "one of the best investigators I've worked with." Yung then blasted Graddick, fact is, I have no confidence in the attorney every judgment and decision he makes is politically motivated." "I'm really sorry that he's made the comments he made," said Graddick. "1 knew several weeks ago that he was going to resign as soon as the Stoner trial was over, but his comments surprised me." Graddick said that since the case was quickly won it was "kind of inconsistent for him to say that the case had been prejudiced. "I asked Eddy to resign because of something that happened in the Huntsville investigation (into wrongdoing in the Huntsville Police Department). "I had good reasons to ask Bob Eddy to resign; i.

1 I 11 By DANNY LEWIS Advertiser Staff Writer Eastern Airlines will temporarily continue two daily flights from Montgomery to Atlanta beyond its planned June 1 termination of local service, according to airline officials. Eastern, which now offers four daily DC-9 flights, will continue its 11:40 a.m. and 4:10 p.m. flights with two larger 727 aircraft until Ocean Airways establishes service here, the officials said. Ocean, a Connecticut-based airline, is expected to begin five daily Montgomery to Atlanta flights on June 15, according to Kindred Muse, airport director.

Dick Burdette, Eastern's director of governmental affairs in Washington, said Eastern will continue its local service at the reduced level for an indefinite time. Burdette said the Civil Aeronautics Board has not yet issued a formal order on Eastern's petition to discontinue service to Montgomery, but the board's staff has told Eastern "to remain in Montgomery with a reasonable number of seats until Ocean Airways has been able to establish itself in the market." "We expect Ocean will be fully operational within a couple of months or maybe sooner, and until that time Eastern is prepared to fulfill its obligations to Montgomery and the CAB," Burdette said. "I wouldn't expect it to last a long time, but it won't be for a week or two, either." Burdette, who was in Montgomery in February to inform local officials of Eastern's planned pullout, said he expects Eastern will provide "a couple of hundred seats" daily to Montgomery until Ocean becomes fully operational. If the CAB handles Eastern's petition as it has others, the airline will be given permission to leave Montgomery as soon as the replacement carrier has proven that it can provide replacement service and has maintained its full schedule, Burdette said. At Dannelly Field, Muse said he knew of no CAB action pertaining to Eastern except that a planned May 22 hearing on the airline's petition to terminate service to Montgomery has been canceled, and that the matter will be handled by the agency staff.

"If Eastern's management has taken this action, they have taken it on their own, because they apparently anticipate that this is what the board will order them to do" Muse said. "The CAB has not granted permission for Eastern to end its service to Montgomery or added any stipulations." Muse said the CAB staff is expected to issue its ruling prior to a May 27 Circuit Court hearing on the Montgomery Airport Authority's request for a declaratory judgement prohibiting the airline from breaking its lease on airport facilities. Mac Golsan, Eastern's local manager, said two aircraft have been approved for service through June 30 and that the two larger planes should "balance the passenger capacity" of the present four flights. 1 f. "1 Channel 20 fails in attempt to make 12 move to UHF 6 I WCOV Inc.

had proposed to end the current "Intermixture" of stations by forcing WSFA to switch to UHF channel 45. The WC'OV proposal would have transferred the Channel 12 VHF frequency to Columbus, making all the stations in that city VHF channels. Responding to the FCC decision, WSFA's general manager, Charles Whitehurst, said: "WSFA TV is dedicated to serving the viewers of southern and central Alabama. We feel we can best serve the Interests, convenience and necessity of those people by broadcasting on Channel 12 as we have fur the past 25 years. "We regard today's decision to be in the public interest." Karl Richards, general manager of WCOV TV, said Thursday night, "I will not have a comment on the decision until I can speak with our attorneys in Washington." The WCOV proposal also sought to head off a proposal by WSI.A TV the only TV station in Sclma and also a VHF outlet to increase its power so that it could also cover Montgomery, WCOV argued that WSLA's VHF Channel 8 should be transferred to Tuscaloosa Since WSI.A is a CHS affialiate, WCOV lawyers argued that they might lose their station's CHS alliliation if WSLA was able to broadcast to a wider market including the Montgomery area.

The FCC said it would immediately deny the suggestion that it force WSLA to switch to a UHF See IIANM.L 20, page Zl From Combined Reports An unusual attempt to force the only VHF television station in Montgomery to switch to a UHF channel has been rejected by a federal agency In Washington, D.C., as an unreasonable effort by one station to improve its competitive position. The Federal Communications Commission said Thursday the loss of TV service to residents in areas outside Montgomery that would result from the proposed switch "outweighs what benefits might be achieved by eliminating VHF competition." Whatever benefits there might be, the FCC added, would "likely accrue to Montgomery's UHF stations rather than to the public at large." The commission's three-page opinion came in response to a petition filed by WC'OV the owner of UHF station WCOV-TV (Channel 20) in Montgomery. The state's capital city has four TV stations three network affiliates and one educational channel. Only one of the three network affiliates, WSFA-TV (Channel 12), occupies a VHF channel. VHF, or very high frequency, stations occupy channels 2 through 13 on the dial.

UHF, or ultra high frequency, stations occupy channels 14 to 83. VHF stations enjoy certain technical advantages over UHF outlets that allow them to cover a much larger area with significantly less power. In the case of Montgomery, WSFA-TV is able to place its signal over an area more than twice as large as its UHF competitors, including nearby Sclma. one Advrrttwr phnl by Khil Vrlirotli Ray Amos enjoys a leisurely fishing session in the pond in front of his home at 3955 Woodley Road, casting into water so smooth his reflection can be seen on it. Amos' canine companions Tip, Tweedy and Butch join him in waiting for that first strike from a bass or bream lurking beneath the glassy surface of the water.

He said the airline will transfer five of its 17 local employees to other locations on June 1 and that the others will remain to handle the passenger load in June. He added that the airline expects to fill only 30 percent of its capacity during June because it had already rebooked several groups and many students In anticipation of the planned June 1 service termination. 'Female Jesse Jackson' fishing Church offers stabilizing force, says minister By AMY HERRING Advertiser Staff Writer Council for United Methodist Churches, Mrs Kelly says she has far ed her share of problems. "I have encountered a lot of problems," she said "Hut most of those problems have been a result of my being black, not rny being a woman." Hut, she said, black people have broken social patterns during the last 20 years, "The biggest stride we've made Is we are no longer associated with a certain type of profession because of our color," she said "A variety of work areas have opened up, but our young people have got to he encouraged to explore more and more of those areas," "They have got to quit feeling the limitations Imposed on them by social structures," she added. take care of her seven-year-old daughter and her 91 -year-old mother.

'It was really hard," she remembered as a smile crossed her face. "I bet I was the only person on campus living with their mother and daughter." But, Mrs. Kelly said her children were "supportive" of her move and "sent her care packages just like I sent them when they were in college." While she was In the seminary, Mrs. Kelly also pastored a small country church. "I really needed that support at the time," she said.

"And while I was there we built a new church and a parsonage and paid for both," she added. The only woman to serve on the General After seeing what she called apathy and oppression destroying Richmond's (Va.) Church Hill Community, Mrs. Kelly started CHUMS, Church Hill Urban Ministry, to combat "those battles." "I think through strong community development the ministry can fight those battles and live up to those expectations," said the Richmond School Board member. A former high school teacher, Mrs. Kelly entered the ministry when she was 50.

"I went back to school when I was 50 because my husband had died and I felt God called me to carry on his work." When she arrived at Union Theological Seminary, Mrs. Kelly not only had to cross a number of cultural obstacles, she also had to ligious experience in the 1980s would be "the stabilizing force for young adults." "I see a return of the young adults to the church," said the mother of four. "During the '60s the church was the only means of communication for black people," said Mrs. Kelly. "And during the '80s it must be the cultural, educational, economical and political force behind black America." Saying the church was the "real motivating force for the empowerment of a people," Mrs.

Kelly declared that the same needs that marked the 1960s were still prevalent In black communities. "Children still need an affirmation that they are worth their own," she said, "And, especially In poor communities like ours, they need Inspiration." AUBURN "She's quit preaching in the classroom and started teaching in the pulpit," is the way former students of the Rev, Leontine Kelly describe their new pastor. Billed as Jesse Jackson's female counterpart, Mrs. Kelly simply says she's been "preachin' and teachin' all her life." "The Lord called me to teach," Mrs. Kelly said Thursday during a two-day visit to Auburn University.

"And after my husband died, I felt he called me to preach." An advocate of church-community Involvement, Mrs. Kelly predicted the black re II.