Orlando Evening Star from Orlando, Florida • 1

IflBMlll, 1TM METRO 96th Yar-NumbeY 154 Itntln.l ttir Cmmt Phone GA 3-4411 Orlando, Florida, Friday, June 30, 1972 56 Pages I Hvjv i I V- I -V ui- ''-'yfJ'k I Cv VVV 10 Cents CAP) Specifically Free Of Chair By The Associated Press Nine Florida men were among 125 prisoners whose death sentences were specifically set aside by the U.S. Supreme Court Thursday in a ruling expected to affect 600 inmates in death row across the nation. Among them was a Miami youth, Emmett James Paramore, who contended the Bible was used to have him sentenced to the electric chair, Paramore complained the prosecutor at his trial read Biblical passages which "espoused the 'eye for an eye' Old Testament precept." The high court sent his case back to lower courts for further proceedings. Paramore was convicted in the 1967 shooting of 62-year-old Herbert Leon Stephens after Stephens found the 17-year-old youth among a group inside his bakery truck. Eight more of the 96 men and one woman on Raiford State Prisons' Death Row were mentioned in the historic ruling.

They were: John D. Thomas, convicted in 1966 of murdering Dale Griffith, a cab driver in Tallahassee. Edward Williams, convicted of murdering Lucy Ann Wethington in Hobe Sound in 1962. Alvin Eugene Anderson, convicted of raping a woman between Ocala and Gainesville in 1969. Charlie C.

Hawkins, convicted of the murder of John Marvin Tapp, an (FREE OF CHAIR Continued On Page 2A) These seven men from Florida's Death Row got row, John Bauldree, Henry Ashley, Dave Roby new lease on life with U. S. Supreme Court decision Keaton Jr. and Jerry Fowler. Bauldree is from outlawing death penalty as It now stands.

Front row, Orlando. from left, William Craig and Dennis Whitney; back Court Gives States Room 9 In State (C) 17I Lease On Life "When imposition of penalty reaches a certain degree of infre-quency, it would be very doubtful that any existing general need for retribution would be measurably satisfied," he said. Stewart said: "I simply conclude that the 8th and 14th Amendments cannot tolerate the infliction of a sentence of death under legal systems that permit this unique penalty to be so wantonly and so freakishly imposed." PUT ANOTHER way, Stewart said the death sentences before the court "are cruel and unusual in the same way that being struck by lightning is cruel and unusual." Douglas, meanwhile, said the 8th Amendment requires legislatures to write criminal laws that are "even-handed, nonselective and nonarbi-trary" and requires judges "to see to it that general laws are not applied sparsely, selectively and spottily to unpopular groups." CHIEF JUSTICE Warren E. Burger, one of the dissenters, took heart in the Stewart-White position. He said: "Since the two pivotal concurring opinions turn on the assumption that the punishment of death is now meted out in a random and unpredictable manner, legislative bodies may seek to bring their laws into compliance with the court's ruling by providing standards for juries and judges to follow in determining the sentence in capital cases or by more narrowly defining the crimes for which the penalty is to be imposed." But even Burger had to conclude that, "since there is no majority of the court on the ultimate issue presented in these cases, the future of capital punishment in this country has been left in an uncertain limbo.

"RATHER THAN providing a final and unambiguous answer on the basic constitutional question, the collective impact of the majority's ruling is to demand an undetermined measure of change from the various state legislatures and the Congress." President Nixon, while volunteering that "any punishment is cruel and inhuman which takes the life of a man or woman," expressed hope the ruling will not prohibit the death penalty for such federal crimes as kidnaping and hijacking. if To Rewrite Death Penalty South Viets Leap Over Red Enemy SAIGON (UPI)-South Vietnamese paratroopers, part of a task force trying to retake Communist-held Quang Trl Province, leapfrogged in U.S. helicopters to within three miles of the province's strategic capital city today. It was the closest yet government troops have come to Quang Tri City In their counteroffensive, now three days old. They closed In Thursday night on three sides to within five miles of the city, captured by the North Vietnamese along with the rest of the country's northernmost province May 1.

U.S. B52 bombers pounded targets within four miles of the city to back the push. PRESIDENT NGUYEN Van Thieu visited forward command posts today and according to one reliable but unofficial source went as far north as Hai Lang, six miles south of Quang Trl City, and ordered his troops to take the city "tonight." There was no official confirmation of his order, however. Eleven days ago, Thieu gave his generals three months to take the province. All told in the new drive Into Quang TrJ that began before dawn Wednesday, 516 Communists have been reported killed at a cost of 22 South Vietnamese dead and at least 37 wounded.

President Nixon said Thursday night in Washington the South Vietnamese drive on Quand Tri Province has put the government on the offensive in the war. He cautioned, however, that the North Vietnamese would continue their offensive and that the conflict was not over yet. He also said the Paris peace talks, broken off May 4, would resume July 13. The assault on Quang Tri, however, took its toll on neighboring Thua Thien Province to the south, home of the old imperial capital of Hue, 400 miles north of Saigon. The South Vietnamese their numbers sapped by.

the Quang Tri push gave up an artillery base 12 miles southwest of Hue to the Communists. FIELD REPORTS said Artillery Base Checkmate was abandoned after a heavy North Vietnamese attack during the night. Other bases stand between Checkmate and Hue, notably Bastogne. Military sources said the loss of Checkmate bore out allied commanders' concern that in advancing on Quang Tri, the South Vietnamese may be stripping the western defenses of Hue, 32 miles south of Quang Tri City, to a dangerous degree. In the air war over the North, U.S.

fighter-bomber pilots in 210 sorties (a sortie is one flight by one plane) in the 24 hours ending at 5 p.m. Thursday reported damaging surface-to-air (SAM) missile sites, seven bridges and scores of vehicles and ground installations. IETNAM 21 ,000 DRIVE 10 MILES I if ii S.VIETNAM Senate Okays Biggest Hike, 20 Per Cent WASHINGTON The a adopted today a 20 per cent a-cross-the-board increase in Social Security benefits the biggest such boost in history. The vote was 82 to 4. The Senate action came in the face of a warning by President Nixon that such an increase would either strain the economy or push taxes up for millions of workers.

The increase was added as a rider to a bill extending for four months the present $450 billion national debt ceiling. THE AMENDMENT, sponsored by Sen. Frank Church, D-Idaho, also would raise payroll taxes in 1973 and further In 1974 to pay for the boost. In addition, it would put into effect for the first time automatic cost-of-living adjustments in Social Security. The Church amendment would provide $8.5 billion in annual additional benefits for the 27.8 million recipients, the largest increase since the system was first set up in 1935.

THE EFFECTIVE date for the 20 per cent would be Sept. 1 so that it first would be reflected in checks received Oct. 3, a month before the presidential national elections. The debt limit legislation was expected to clear the Senate by mid-day and go back to the House. There Republican leaders were threatening to block any action on the 20 per cent today although they said they might be willing to take 10 per cent.

IF AN impasse develops, Congress may have to meet Saturday and next week. It had planned to quit by tonight for two weeks over the Fourth of July holiday and Democratic National Convention. The adoption of the Church amendment represented a Senate decision to lift the general Social Security increase out of the big Social Security-Welfare bill which passed the House last year and which has been pending more than 12 months in the Senate Finance Committee. CHURCH SAID it appeared the bitter controversy over welfare reform in the bill might never be settled so that it was necessary for Congress to go ahead on the across-the-board Social Security hike. The House in passing the big bill, voted for a 5 per cent Social Security increase.

But since that time Rep. Wilbur D. Mills, chairman of the Ways and Means Committee, has said he favors 20 per cent and that this can be soundly financed. Mills helped draft the Church amendment. Agnes Rain Size Could Fill Lake WASHINGTON (UPI) Tropical storm Agnes dumped enough rain on the eastern states to fill a lake the size of the 67-square-miIe District of Columbia to a depth of 2,000 feet.

This estimate was made Thursday by Robert M. White, administrator of the National Oceanic and Atmospheric Administration. White said the storm produced "almost incredible rains" which reached the rate of an inch an hour for as many as 12 consecutive hours. Classified 3B Comics 10D Deaths 9D Editorials 18A Legals Movies Society Sports Stocks 2B 3D 5D 1C liC Television 17A Fischer McGovern Predicts He Will Win WASHINGTON (UPI)-Sen. George S.

McGovern expressed confidence today that the full Democrat ic National Convention would overturn a ruling denying him 151 California delegates and that he would win the party's presidential nomination. McGovern was still bitter, after sleeping a night on the Credentials Committee's decision leaving him only 120 of the 271 delegates he was awarded after winning the June 6 California primary. He refused to say absolutely he would support, the nominee if he failed to win the selection. The South Dakota senator said the Credentials decision, sure to set off a heated convention floor fight the opening night of the meeting at Miami Beach July 10, would be reversed. He predicted the action may actually "rebound in my favor" and said, "I am convinced, more than ever that I will win the nomination." McGovern said he was "horrified" Related Stories Page 4A at the 72-66 decision upholding a challenge of California's winner-take-all rules, thus giving Hubert H.

Humphrey 106 of the delegates and splitting up an additional 35 among other candidates. McGovern got 44.3 per cent of the vote to Humphrey's 39.2 per cent and supporters of Humphrey, and others, challenged the award of all delegates to McGovern on grounds new party reform rules called for allocation of delegates according to vote totals. McGovern, interviewed on the CBS-TV Morning News program, said no one challenged the California rules beforehand and that "no fair minded person" at the convention would allow the Credentials Committee's action to stand. What would he do if the convention turned to someone else? "If I don't get the nomination and the convention is operated according to the rules, I will not challenge the nominee. But I don't want any part of it if it is operated in the way that yesterday's action was handled." Does he see the possibility of a convention deadlock and the Democrats' turning to, say, Sen.

Edward M. Kennedy, "No, I don't. That's not going to happen." How does he view his convention chances now? "I think we are going to the convention with an assured first ballot victory or so close to it, that we will win overwhelmingly on the second ballot." Weather Orlando and vicinity: Clear to partly cloudy through Saturday. Slight chance of thundershowers mainly during afternoons and evenings. Highs in mid-90s.

Low tonight mid-70s. Winds west and southwest 10 to 15 m.p.h. Rain probability 20 per cent today and Saturday. (Obsarvatlent at H.rndon Airport) ORLANDO TEMPERATURES Hlqh 4 Qvarnleht low 74 Mtin 14 Normal 11 1114 1(71 7 71 77 77 74 74 77 40 Baromilor! 7 a.m. Friday 10.04 Inches.

RtUllvt humidity i 7 a.m. 41 par cant, Pracipltationi 14 houri andlnt midnlaht Nona) month'! total 4.11 jncheir normal tor Juno 4.H Inchti; yaar'a total IIM Inch.i; aacttt thrown May 1.14 Inchti. Hlohait wind valoclty Thundayi It m.a.h. from at lIsM a.m. Sunwt 1:17.

tunrlta 4:11, moonrlM 11:11 p.m., tnoonttt 11:01 a.m. Saturday. Evtnlnoj itarn Mtrcwry. Mart, Jupltar. Wornlnt Ham Vanua, Saturn.

National weather, state and marine forecasts, tide tables on Page 4B. Champion With A Yellow Streak FORT COLLINS, Colo. (UPI) Steven Wright won a banana eating contest Thursday by downing 21 bananas In 2'a minutes. Wright, 17, Dunkirk, N. said afterward, "I don't like anything yellow anymore." By BARRY SCHWEID WASHINGTON UP) The Supreme Court decision outlawing the death penalty as it is now imposed leaves the door open for Congress or the states to write new laws that would be considered valid.

But the door isn't open very much. THE ONLY reason there is an opening at all is that only two of the five justices in Thursday's majority seem to have concluded that capital punishment is prohibited by the 8th Amendment for all crimes and under all circumstances. They were Justices William J. Brennan Jr. and Thurgood Marshall.

The three others, Byron R. White, Potter Stewart, and to a lesser degree, William O. Douglas, quarreled constitutionally not with capital punishment itself so much as with the looseness of sentencing procedures. THAT IS, the legislatures left it to judges and juries to choose to impose the death penalty in one instance of murder or rape and to impose a lesser sentence on another defendant for a similar crime. White said that as a result the odds are very much against execution.

SOUTH CHINA SEA GOVT. TROOPS ON 3 SIDES (UPI) Hut an ORLANDO EVENING STAR what's new inside U.S. chess whiz Bobby Fischer gets warning Page 14A. FOURTH of July activities summarized Page IB. SOUTH VIETNAMESE DRIVE On Quang Tri Ii.