Springfield Leader and Press from Springfield, Missouri • 1

SPRINGFIELD LEADER. RESS VOL. XL NO. 40 Second Clan Foatafa Paid at Springfield. Me.

10 Monthly wiia 8UH)a; New, LaMhsI SPRINGFIELD, THURSDAY EVENING, JUNE 29, 1972 FIFTY-TWO PAGES Publtahed tn -O 0 3J no zw i i -n Court lac Dally Sunday. an BoosvUla, Sprat'ia'd, Mo. turn t4 i 4 by SprlBKfleld Ncwananan. Outlaw i Penal Peath High To 1 May React in Some Except Instances measured against the Eighth Amendment's prohibition on cruel and unusual punishments. Stewart concluded that the death penalty is now applied in See COURT, Page Jury Subpoena A Newsman Not Exempt From Wire Services The First Amendment does not exempt newsmen from the obligation to respond to a grand jury subpoena in a criminal investigation, the Supreme Court ruled in another 5-4 decision today.

The opinion by Justice Byron R. White came in three test cases from California, Kentucky and Massachusetts. The conflict between a grand jury's subpoena power and the guarantee of a free press had never before been presented to the court. In other action today, the high court: Decided 6-3 that the First Amendment does not preclude the attorney general from barring foreign citizens who are invited to lecture in this country: Ruled 5-4 that a federal grand jury may question aides of Sen. Mike Gravel, D-Alaska, about arrangements for publication of the Pentagon Papers.

Ruled that former Maryland Sen, Daniel Brewster can be prosecuted on charges that he accepted a bribe to influence his postion on postal legislation. Associated Preaa Wlrepaota Elliott, right, refused to accept a check for 10,000 from the American Airlines after he returned the $500,000 ransom a hijacker demanded and bailed out over Peru, Saturday. Elliott said he would settle for $25,000. At left is an American Airlines official, from 'Indianapolis. I J' i 1 5 I Aaeaciateil Preaa Wlreahata Luis J.

Monge, 48, was put to death in the Colorado State Penitentiary on June 2, 1967, the last person to be execnted in the United States. He was given the death sentence for killing his wife and three of his 10 children. tices Harry A. Blackmun, Lewis F. Powell and William H.

Rehnquist. The decision evidently serves to maintain a moratorium on executions in the United States. There are now 600 death-row inmates in 31 states. The central question before the court was whether capital punishment violates the Eighth Amendment's prohibition against "cruel and unusual punishments." Three of the justices, Douglas, Brennan and Marshall, concluded that the amendment outlaws the death penalty. Stewart generally agreed with them but said the situation might be different if a state legislature determined that forcible rape and murder could be deterred only with the death penalty upon ev-e who commits those crimes.

White, meanwhile, said the death penalty is imposed so infrequently it is very doubtful that it meets "any existing general need for retribution." Set aside by the decision were: 1. The murder conviction of William H. Furman, a Georgia Negro convicted of slaying William J. Micke Jr. of Savanna in 1968 while burglarizing the Micke home.

2. The rape conviction of Lucious Jackson a 21-year-old Negro, convicted in 1968 of the non-fatal assault on a white woman in Chatham county. 3. The rape conviction of Elmer Branch, 19, for the non-fatal assault in 1967 on an elderly white woman in Vernon, Tex. There hasn't been an execution in the United States in five years.

A ruling upholding the death penalty would not neces-s a i 1 lead to mass electrocutions and hangings. But it would wipe out the most consistent argument against capital punishment that it is too cruel to be constitutional. Here is how the majority was formed: Douglas concluded capital punishment is incompatible with the concept of "equal protection" of the laws. That he found to be "implicit" in the Eighth Amendment. Brennan based his judgment primarily on the theory that the death penalty "does not comport with human dignity." He also cited the Eighth Amendment.

Marshall found capital punishment to be "morally unacceptable" and "excessive" when You Said it True courage' is like a kite; a contrary wind raises it higher. RALPH A. WOODS Poses Third Party Threat if He's Rejected Wallace Stays With Demos For National Convention PRICI i so a i- -o r- i 3 -J jr i $10,000 Too Little PERU, Ind. (AP) Lowell F. Elliott says that being honest enough to return $500,000 he found in his field should be worth more than $10,000.

So the 61-year-old farmer turned down a $10,000 certified check American Airlines offered him Wednesday as a gift for returning ransom dropped by a hijacker who parachuted from a jetliner after taking it over at St. Louis and ordering it flown to Toronto last weekend. "Looks like it ought to be worth more than what was offered for being honest," Elliott said. "After all, they gave that guy (the hijacker) $500,000." Elliott said he would settle for $25,000, or 5 per cent of the ransom, but he added "10 per cent would be better." He said he has gross Income-of about $7,000 yearly from his 119-acre farm. Elliott said any money he gets from the airline will go on the bills he is awaiting for fertilizer and soybeans.

However, after Elliott rejected the $10,000 offer, Frank W. Bodwell, district sales manager for American, returned to Indianapolis and said that whether the offer would be renewed or increased was up to airline officials in New York. A spokesman for Ahierican In New York said the airline considered the $10,000 "a quite ap propriate gift." He said he did not know what the next step See REWARD, Page 4 WW Now might be the time to polish Silent Calvin Coolidge'i image, our lead editorial suggests. Page 34. Leonid Brezhnev engaged in political acrobatics in his speech welcoming Fidel Castro to Moscow.

Page 10. Chess star Bobby Fischer cancels flight reservations to Iceland. Only a few flights left before match scheduled for Sunday. Page 17. On the Trail With Gene McNary, first In a Leader and Press series on Missouri, gubernatorial candidates.

Page 35. Bad Henry place on all -Page 37. takes second time RBI list. Where It Is Dissenting were the four Nixon administration appointees, Chief Justice Warren E. Burger, and Justices Harry A.

Blackmun, Lewis F. Powell and William H. Rehnquist. Reversed immediately by the decision were two death sentences for non-fatal rapes in Georgia and Texas and'a death sentence for murder in Georgia. Chief Justice Burger stressed in his dissent that the court, while setting aside the death penalty, also gave state legislatures "the opportunity and indeed unavoidable responsibility to make a thorough re-evaluation of the entire subject of capital punishment." The other dissenters were Jus- Voter Registration Political Row Rises A charge of partisanship and a denial flared today af ter a courthouse meeting between 7th District Democratic chairman Sam F.

Hamra, Greene County Clerk A. E. (Ted) Willis, and several Democratic candidates. Hamra said the group met with Willis in the county court room shortly after 9 a.m. to request the placing of one of Willis' employes in each legisla tive district for voter registra tion pnor to the closing of books July 10 for the Aug.

8 primaries. Hamra said the group asked that Willis place an employe in each of the six districts for one day. Willis, who said he refused the request because of demands placed on his staff by the redr awing of legislative district lines and reassignment of polling places, does plan a similar effort prior to the general election in November. "By then," Willis said, "we'll have all the problems ironed out we'll be able to do it right then. That's when it will be needed most, anyway, right be fore the presidential election." "I think his attitude is a parti san one," Hamra charged, "He realizes that the Democrats don't have their voters regis tered in the same numbers as the Republicans.

It's unfortunate, since he's the county clerk of all the citizens of Greene County." "I don't care what their politics are," Willis insisted, "I just See SPAT, Page 6 Charge Michigan Man Is Hijacker McGovern claims he is just 20 votes short of the 1,509 needed for nomination. The Associated Press delegate poll gives him 1,367.9, or 141.1 short of a majority. Humphrey, who trails a distant second, clung to the hope that delegates would turn to him as the candidate "best capable of beating Mr. Nixon." He blamed his own mistakes and a flawed selection process But States WASHINGTON (AP) The Supreme Court held 5 to 4 today that the death penalty, as it is now used in the United States, violates the Constitution and cannot be imposed. While the decision leaves the door open for legislatures to reinstate capital punishment in some circumstances, one of the nine opinions Issued by the court said the immediate result is to remove the death sentences from the 600 condemned inmates across the land.

All nine justices filed statements of their views. In the majority were Justices William 0. Douglas, William J. Brennan Thurgood Marshall, and with some reservations, Potter Stewart and Byron R. White, Fair Look Fair and cool tonight.

Sunny and warm Friday. Low tonight in the upper SO's. High Friday in the 90's. Precipitation probabilities 5 per cent tonight and Friday. HOURLY TEMPERATURES It Midmsnt I tut.

70 1 a C3 9 a.m. 78 2 a.m. 61 10 a.m. 82 3 a.m 63 a.m. 67 4 a.m 62 12 Noon 18 5 a.m 60 i p.m 89 6 a.m.

..62 2 p.m. 69 7 a.m 65 p.m .....90 for wilting his candidacy. Nevertheless, Humphrey said in an Associated Press interview, "I believe that I am the candidate that can build the cola ition that will defeat Mr. Nix on." Wallace's campaign manager honed the outlines of the floor fight shaping up over the platform. -Denouncing the draft pre-See DEMOS, Page 4 For the first time, however, products such as fresh vegetables, fresh fish that has under gone some processing, and other raw products at wholesale and retail will be subject to Price Commission rules.

These rules limit businesses' profit margins and require stores to justify all price increases through increased costs. Donald Rumsfeld, director of the Cost of Living Council told newsmen that Nixon's action "cannot drive food prices down only increased supply or reduced demand could do that But he said the decision la de signed to put discipline on price See FOOD, Page 4 lifeguard Bob Partain, a student at Central Bible College, were romping and posing for pictures with a very much alive 4-year-old Robert Douglas Finley at Cox Medical Center. "I really didn't think he was alive when Jim brought him out of the water," Partain said. "It took us about three minutes to get him breathing again and he stopped breathing about three more times. He had to have had at least a gallon of water in his stomach and every time I would blow in his mouth, a bunch of it would come out like a fountain." "We've had enough saves between us, I guess," Clark added, "but nothing that serious." Young Finley and his mother, Mrs.

Theresa Harrison, Granite City, 111., were visiting her "See EESCt'E, Page Associated Press' DETROIT A 28-year-old unemployed faian was arrested at his home and charged as the airliner hijacker who got $502,500 ransom and parachuted over Indiana last weekend, the FBI announced today. After First Sale Raw Ag Products Aaaoelated Preaa Wtrepnota ARRESTED The arrest of Martin J. McNally, 28, was announced in Detroit today by Neil Walsh, special agent in charge of the Michigan FBI. McNally, Wyandotte, was arrested in connection With the skyjacking of an American Airlines plane in St. Louis last week.

American Airlines Boeing 727 shortly after it left St. Louis Friday night en route to Tulsa, Okla. with 94 persons on board. He forced a landing at St. Louis where airline officials said the man armed with a submachine gun was given $502,500 and two parachutes.

He released most of the plane's passengers and changed planes after a car raced onto the runway and smashed into the first air-See HIJACKER, Page 6 X. Under Controls by BILL NEIKIRK WASHINGTON (AP) President Nixon brought fresh fruits, eggs, vegetables and seafood under price controls for the first time today, but only after the first sale has been made by the farmer. Nixon signed an executive order removing the current exemption on raw agricultural products from price controls after the first sale meaning that it will apply primarily at the wholesale and retail level. The action will have virtually no Impact on the selling cost of meat to consumers. Processed meat such as beef and pork have been under controls since the inception of Nixon's price controls last November.

BULLETIN WASHINGTON (AP) Sen. Georga McGovern's prospects for a first-ballot presidential nemiaatiea were dealt a crippling blow as the Democratic Credentials Committee stripped him of more than half his delegates from California Thursday. By CARL P. LEUBSDORF WASHINGTON (AP) Maverick Democrat George Wallace will stick with his "party through the convention where he'll demand adoption of a platform echoing his views, says the Alabama governor's campaign manager. But after the convention, said Charles Snider, it would not be out of the question for Wallace to run once again as a third-party presidential candidate, if the Democrats act as expected and reject him as their nominee, The party's frontrunner, Sen.

George McGovern, waited today for the convention's Credentials Committee to resolve a challenge that could cost him nearly 150 delegate votes. The challenge involves California's winner-take-all primary which added 271 votes to the McGovern column after his June 6 victory there. Supporters of Sen. Hubert H. Humphrey, who ran second, and seven other candidates on the California ballot claim the delegates should be apportioned according to the popular vote to conform with party rules.

The test comes at a time Late News From Wire Dispatches AttyV Gen. John C. Danforth expressed surprise at the decision of the U.S. Supreme Court holding the death penalty is unconstitutional. He said he personally was opposed to the death penalty but his office has followed the Missouri law in asking for and getting death sentences in several cases.

In Kansas, Atvy. Gen. Vera Miller said he would favor legislation in his state to retain the death penalty for certain offenses involving premeditated murder. Against a background of continued uncertainty over the international monetary situation, stock market prices moved into lower ground. The noon Dow Jones average of 30 industrial stocks was down 4.44.

at 926,40. Martin J. McNally, 28, of sub urban Wyandotte was charged with violation of the federal air piracy statute, said Neil J. Welsh, special agent in charge of the Michigan FBI. McNally was arrested shortly before midnight Wednesday and was held by the FBI in Detroit pending arraignment today.

A spokesman said an FBI complaint would be filed today at St. Ijiuis. A hijacker took over the 'i a 4-Ycar-Old Lively Meeting Rescuers By MIKE KELLEY Staff Writer Jim Clark, a lifeguard at the Grant Beach pool, was perched on a tower about 1:30 p.m. yes terday when he spotted a dark form under water about 15 feet west of the pool's sliding board. "I watched for a minute and he didn't move," Clark, a student at Southwest Missouri State College, recalled, "then I thought, 'Oh boy, this is and X.

went in. Clark dived as far as he could manage toward the lifeless figure, completed an ungraceful-looking but successful belly-flop-per that kept him from crashing into the bottom of the pool, which was only 3V4 feet deep where he came down, and stroked toward a drowning child. This he and fellow 1 Amusement Pages 16-17 Local news Pages 20-35-40-44 Jumbles Page 24 Generation Rap Page 24 Polly's Pointers Page 24 Society Page 32 Editorial Page 34 Sports Pages 36-37 Ann Landers Page 39 Deaths Page 45 Comics Page 48 Horoscope Page 4S 3 Four-year-old Robert Douglas Finley, camera-shy but playful, reluctantly poses with Grant Beach Park lifeguards Jim Clark (right) and Bob Partain this morning at Cox Medical Cen- ter. His mother, Mrs. Theresa Harrison, Gran- sun now He City, took the boy to the pool early yesterday afternoon and watched as Clark and artaiii pulled his limp body from the water -and restored his breathing.

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