The Indianapolis News du lieu suivant : Indianapolis, Indiana • 36

0 -r-w -r- 1 rti THI INDIANAPOLIS NIWS Frthv. 10. 1W1 25 Deaths DEATHS AND FUNERALS Death Penalty In Limbo After Courts Decision Frank Hubbard, Firm Executive Services for Frank H. Hubbard, 82, executive vice-president of Thomas L. Green will be tomorrow at 2 p.m.

in Moore Kirk Ben Davis Chapel Hubbard, who lived at 4115 W. Washington, died Wednes- day in Lakeview Manor Nurs-JQCODSOII lng Home. He had been with ML Kites ro Be Sunday Services for Joseph "Joey" Jacobson, 76, a former employe of Caesar's Palace, Las Vegas, the Green company 50 years. Hubbard was a native of Clayton and had lived in Indianapolis 55 years. He was a member and past master of Lyndhurst Masonic Lodge 723, and Lyndhurst Chapter of Eastern Star.

1 All Wet NEW YORK A serious-faced Bobby Fischer is shown in a Kennedy Airport coffee shop early this morning as he apparently was preparing to fly to Iceland for his world champion ship chess series with Russian champion Boris Spassky. Seconds later Fischer broke away from a group of newsmen and ran out into a driving rain. AP. Predicted Over 4th Indiana traffic safety officials estimate 25 persons will die in highway accidents in the state over the 102-hour July 4th holiday weekend. The counting period extends from 6 p.m.

today to midnight Tuesday. Thomas D. Coleman, director of the Inditr .2 Department of Traffic Safety and Vehicle Inspection, said the projection is based, in part, on the average number of fatalities occurring within that same period in recent years. The projection anticipates a fatal accident rate far below last year's July 4th weekend a 78 hour counting period in which 3b persons were killed. A national toll of between 800 and 900 has been projected for the weekend by the National Safety Council.

The state's 1972 traffic toll rose to 681 last night when ELMER ROMINE, 54, Vanda-lia, Ohio, died in the pileup of two semitrailer trucks and five autos on Interstate 69 about Vk miles south of Angola in Steuben County. State police said the chain-reaction accident began when an unidentified woman driver momentarily lost control of her southbound car on rain-slicked pavement and slammed on her brakes. Romine was killed when his truck, laden with metal shavings, crashed into the rear of an auto transport truck which braked to avoid the woman's auto. Six persons were injured in the accident which blocked the southbound lanes of 1-69 five hours and backed up traffic 5 miles. On this date last year, the state's traffic toll stood at 728.

a "staggering number" of state and Federal laws in 39 states and the District of Columbia stricken, but "numerous provisions of the Criminal Code of the United States and of the Uniform Code of Military Justice also are voided." Among these, said fellow dissenting Justice Harry A. Blackmun, were the following crimes: Treason, assassination of the President, the vice-president, or those elected to these posts but not yet in office, and members of Congress; espionage; rape within a special U.S. maritime jurisdiction; destruction of airplanes or motor vehicles in which death occurs; train wrecking and aircraft piracy. Despite the 5-4 decision that capital punishment falls within the Eighth Amendment's bar against "cruel and unusual punishment," the question of absolute prohibition of capital punishment Chief Justice Warren Burger in his dissenting opinion said: "The highest judicial duty is to recognize the limits on judicial power," said Burger, "and to permit the democratic processes to deal with matters falling outside those limits." He did not believe there was a clear-cut majority on the issue, he said, and "the future of capital punishment in this country has been left in an uncertain limbo." In what might be regarded by some as an open invitation for state legislatures to counter the "collective impact of the majority ruling," Burger wrote: "The legislatures can and should make an assessment of the deterrent influence of capital punishment, both generally and as affecting the commission of specific types of crimes. "If legislatures come to doubt the efficacy of capital punishment, they can abolish it, either completely or on a selective basis.

If new evidence persuades them that they have acted unwisely, they can reverse their field and reinstate the penalty to the extent it is thought warranted." By ROBERT GRUENBERG Cklctt Daily Nhi WASHINGTON "A license for anarchy, rape and murder," Lt. Gov. Lester Maddox of Georgia promptly proclaimed. "A red letter day for civilized man," said George I. Davis, attorney for Caryl W.

Chessman, who died 12 years ago this month in the San Quentin prison gas chamber, despite worldwide protests, on 17 counts of robbery, kidnaping, sexual abuse and attempted rape. Only five months earlier the U.S. Supreme Court, by an 8-0 vote, had rejected Chessman's appeal for a review of the decision condemning him to death. Now the court, different in its makeup, has imposed a virtual ban on the death sentence. It is doubtful that any person convicted of murder or rape will be sentenced to death in the light of the court's action, but one conclusion appears certain: The decision which broke down into nine separate opinions has not settled the argument over capital punishment.

Men and women may still die by judicial fiat, if the circumstances are exceptional and the crimes heinous. Nevertheless, in the death rows of the nation's penitentiaries most of the 600 condemned persons 598 men and two women cheered and thanked God for their new lease on life. (At Ohio Penitentiary, where 55 prisoners, including a 19-year-old woman slayer of two state policemen awaited electrocution, warden Harold J. Cardwell said he had "a noise problem." The news got a mixed reception across the country, and there were immediate calls from law enforcement authorities for amending the Constitution so the death penalty could be restored. While much of the attention was devoted to the reprieve granted the 600 inmates who had faced the ultimate penalty, few looked forward to the He also was a member of the will be Sunday at 2 p.m.

Indianapolis Rotary Club and in Aaron-Ruben-Nelson Merid- i the Biscuit and Crackers Man- ian Hills Mortuary, ufacturers Association. Jacobson, who lived at 7001 Survivors-wife. Maggie Hoover Road, died yesterday daughter Mrs. Ernestene Shoe- in Winona Hospital, maker. He was an employe of the casino-hotel for several years i Herbert Faulkner, before he retired Iast vear- fc was an Army veteran of World 'Birdman' Captor, War vi Jacobson was a member of Dies At 91 nai B'rith and he attenfed Indianapolis Hebrew Congre- OAKLAND, Calif.

(UPI) gation Temple. A funeral service will be to- Friends may call tomorrow morrow for former U.S. Mar- after 7:30 p.m. in the mortu- shal Herbert L. Faulkner, the ary.

man who arrested Robert Stroud, "the birdman of Alca- JhomaS RoWOrfc Faulkner suffered a heart Pifac TAmArmw attack Wednesday in the Ala- UmOrrOW meda County Courthouse and Services for Thomas Arnold died later in a hospital. He Rowark, 70, 7402 E. 38th, an was 91. engineer at Western Electric, NEW YORK Howard S. tomow Cullman, philanthropist, busi- Su? 6 Arlm8ton nessman and former board chairman of the New York He.

die- Wednesday in Com-Port Authority, died at his Hospital. Manhattan home yesterday. He was a W. E. em-was on Plove more than 36 years be- fore he retired in 1961.

i GREENWHICH, Conn. He was a member of East James M. Stuart, a vice-presi- 38th Street Christian Church, dent of Reynolds Metal Corner Stone Masonic Lodge died of a heart attack last 875 and Telephone Pioneer night at his home. He was 51. Club of America.

Survivor wife Victoria James P. Shelby Ann- Indiana's Electric Chair changes in American justice that the court's decision would create. Justice Lewis F. Powell one of Mr. Nixon's two most recent appointees and one of the four dissenters, did, and here is the full effect.

He said: "The court's judgment not only wipes out laws presently in existence, but denies to Congress and the legislatures of the 50 states the power to adopt new policies contrary to the policy selected by the court." Not only, said Powell, are the death sentences for 600 persons nullified, and State Death Row Inmates Show No Joy After Ruling Boy, 7, Fatally Shot In Home A near-Northeastside man was charged with murder in the shooting death of a 7-year-old neighbor boy last night, police said. The victim, Daniel Taylor, son of Winfred Taylor, 58, 2929 N. Adams, was shot about 9 p.m. He died two hours later in Community Hospital. Arrested in connection with the shooting was Andrew Griffin, 61, 2926 Adams.

Police said Griffin had been a dinner guest in the Taylor home and after an argument he went home and returned with a .22 caliber rifle. The youth was shot in the head as he sat at a kitchen table in the home, police said. By Associate Pnss Their lives apparently spared by a U.S. Supreme Court ruling, Indiana inmates on death row reacted with mixed emotions yesterday. Four of the six death row inmates at the Indiana State Prison in Michigan City agreed to talk to newsmen, but none seemed overjoyed at the ruling that barred capital punishment.

"I had a better chance of winning an appeal with the death penalty," said Charles A. Frith, 31, East Chicago. Frith, convicted Feb. 11 of killing the operator of an Anderson pawnshop during a robbery, said, "I don't want to go out into the (prison's) population. I'd see guys leaving every day and I couldn't adjust." Frith said he never feared death and only hoped it would be quick.

Ralph E. Williams, 26, Indianapolis, convicted in the same slaying as Frith, had this reaction to the possibility of being placed among the general population in the institution: "It's better than being caged up here." The longest resident on death row, George R. Brown, 40, Hobart, said, "I don't care for the ruling." Brown, on death row almost 15 years for the slaying of a Gary beautician, said, "I can't live with the type of prisoners they have here now." Emmett O. Hashfield, 65, Boonville, who has spent more than nine years on death row for the slaying of an 11-year-old girl, said he was not surprised at the high court's action. But he said he was "too old" for it to make any difference in his life.

Hashfield said his years in prison have left him embittered. "I hate people more now than I ever did. I've got no confidence and nobody." Indiana Commissioner of Correction Robert P. Heyne said the ruling was no surprise. "I guess I was somewhat expecting this in light of the recent trends in reference to corrections.

I'm sure these men on death row are going to be breathing' at lot easier." Marion County Deputy Prosecutor Leroy New said, "I don't think law enforcement anywhere in the country favors the decision." He said it "tends to open season on police officers." New added the end of the death penalty will make it "extremely difficult for law enforcement officers to hold their fire" when threatened. He said he believes public reaction will lead to a constitutional amendment reinstating the death penalty. "I honestly believe the country feels the balance has swung too far in favor of the criminal." Russell Lash, warden at the State Prison, said, "My first reaction is 'so The Supreme Court has simply taken action where the rest of the criminal system had not." Asst. Warden Charles Moore, said, "The future of these prisoners (on death row) will be determined after consultation with the Indiana attorney general. We are not in the area of law enforcement, just penology." Airport OKs Lines Pacts, Parking Hike Weir Cook Municipal Airport officials negotiated a new landing and rental fee with six airlines and authorized a hike in parking lot rates yesterday.

The 3-year contract was negotiated before the regular board meeting of the Indianapolis Airport Authority, when board members were preparing to vote on an ordinance that would have unilaterally increased the landing and rental fee rates. A previous contract expired last January, and aircraft have been using the airport facilities under a temporary arrangement which expired today. The landing and rental fees, according to board officials, help pay the operating cost of the airport as well as for new construction. Terms of the contract should produce about $600,000 the first year of the contract. Parking lot rates were raised for the first time since 1967 at the replar board meeting.

APCOA, a Cleveland-based firm, was permitted to Increase fees in the parking lot in front of the terminal to 50 cents for the first two hours and 50 cents for each additional two hours up to $2.50. The present rate for the main lot is 35 cents for the first hour, 15 cents for the second hour and 25 cents for each additional hour. The rates in the lot north of the terminal will be 35 cents for the first hour, 50 cents for the next one or two hours, and 25 cents for each additional hour up to $1.50. Present rates are 25 cents for the first hour and 10 cents for each additional hour up to $1.25. Contracts were awarded for construction of street and sewer improvements, a new parking lot and the relocation of part of High School Road.

Board members also were told that 205,864 persons passed through Weir Cook during the month of May the first time the facility has had more than 200,000 persons pass through it in a specific month. I.U. Seeks $220 Million State Funds Tin Niwi Indlani-BlMmlnito lerH BLOOMINGTON, University trustees today approved a legislative request foT operating" funds for the. 1973-75 biennium totaling The request called "essential" by Dr. W.

George Pin-nell, vice-president and treasurer, continues to pi a emphasis on the growth of regional campuses and Indianapolis. Pinnell said, in his report to the board, that more than 96 per cent of the increased expenditures would be given to maintaining existing programs at present levels and meeting needs of expected enrollment increase. Enrollment on the eight campuses, including Blooming-ton, is expected to rise about 14.3 per cent over the two-year period. Also approved by the board was a systcnuvide request for construction funds of The requests, approved by the board, will be reviewed by the State Budget Agency and the Commission on Higher Education before being presented to the next session of the Legislature. Choppers Drop South Viets 4 Miles From Quang Tri Eugene Taylor Eugene E.

Taylor, 45, 2854 S. Illinois, died today in Indiana University Hospital. Services will be in Newport, Tenn. Friends may call tonight at G.H. Herrmann Madison Avenue Funeral Home.

Taylor was a supervisor in the canning division of Stokely-Van Camp 10 years. Survivors wife Hat-tie; son Michael daughters Michelle Maria, Mrs. Brenda Woodson; parents Mr. and Mrs. Al Taylor.

Mrs. Nora Haworth Mrs. Nora V. Haworth, 79, formerly of 1026 N. Ewing, died yesterday in a nursing home.

Services will be tomorrow at 1 p.m. in G. H. Herrmann Madison Avenue Funeral Home. She was a native of Brown County and owned Nora's Cafe at Franklin before moving to Indianapolis.

She was a member of Providence Christian Church. STATE DEATHS ANDERSON Elmer Wilson, 72, retired executive of the Cadillac Motor Division of General Motors Corp. and a former resident of Fort Lauderdale, Fla. Services tomorrow at 10 a.m. inRozelle Funeral Home.

Survivor wife Elsie. CLINTON Gerald Monroe, 68, retired taxi driver. Services tomorrow at 10 a.m in Frist Funeral Home. GREENSBURG -Herschell B. McCoy, farmer, member of the Masonic Lodge, Knights of Pythias and Greensburg Presbyterian Church.

Services tomorrow at 2 p.m. in Gilli- 1 a -H Funeral Home. LAFAYETTE Walter K. Baldwin, 68, retired employe of the PurdueUniversity Sweet Shop. Services tomorrow at 10:30 a.m.

in Hippen-steel Funeral Home. Survivor wife Laura. LOGANSPORT Charles Jones, 80, retired Penn Central car repairman. Services tomorrow at 1:30 p.m. in Kroeger Funeral Home.

MILROY Riley C. Rogers, 81, retired Rush County farmer. Services tomorrow at 2 p.m. in Murphy Burns Funeral Home. Survivor wife Estella.

NEWPORT Ralph H. Ad-ams, 80, former Newport postmaster and member of th United Method 1st Church, Lions Club and American Legion post. ROCKVILLE Parke W. Carter, 68, retired chemist for, U.S. Steel at Gary.

Services tomorrow at 11 a.m. in Butler Funeral Homo. Survivor Eleanor. Services for James P. Shelby, 78, 2118 Fletcher, who died yesterday in his home, will be tomorrow at 2 p.m.

in Stirling Funeral Home. He worked 37 years as a machinist for the E. C. Atkins Saw Co. before retiring in 1964, He also was a member of the North Park Masonic Lodge and the Pioneer Club.

Survivors wife Hazel; sons Charles, Norman; daughters Mrs. Hazel Yocum, Mrs. Mildred Skaggs, Mrs. Betty Hagans, Mrs. Delores Leigh, Mrs.

Arlora Dooley. Virgil Frederick -Virgil J. Frederick, 63, 549 Fletcher, Apt. 1, a former employe of the United States Rubber and a construction worker, died yesterday in his home. Services will be tomorrow at 1 p.m.

in Farley West Morris Street Chapel. Frederick was employed by the rubber company 20 years and was a Navy veteran of World War II. Survivors wife Margaret; sons Jesse, Larry, John; stepsons Ralph, Leroy; stepdaughters Mrs. Dorothy Fidler, Mrs. Jane Wagner, Mrs.

Carolyn Willis, Mrs. Patricia Pierce. Walter Brackman Walter G. Brackman, 76, 111 S. 9th, Beech Grove, died yesterday in St.

Francis Hospital. Survices will be tomorrow at 10:30 a.m.-in Little Sons Funeral Home, Beech Grove, and at 11 a.m. in Holy Name Catholic Church. Brackman retired in 1960 as a route supervisor for Continental Baking Co. after 30 years of service.

He was a member of Garfield Park Post 88, Veterans of Foreign Wars, and had been an Army sergeant during World War I. Survivors wife Virginia; daughters Mrs. Richard Williams, Mrs. John. Roney; stepsons Robert, Vernon Rowe.

Mrs. Irene Moran Services for Mrs. Irene Moran, 81, who died Wednesday in a nursing home, will be Saturday at 1 p.m. in Shirley Brothers Drexel Chapel. She formerly was employed by the Bureau of Motor Vehicles.

Mrs. Moran was a member of Englewood Christian Church and Brookside Chapter of Eastern Star. She was a Republican precinct committeeman. Survivordaughter Mrs. Marcella Stansifer.

Mrs. Diane Bruce Services for Mrs. Diane E. Bruce, 27, 861 S. Sheffield, who died yesterday in Methodist Hospital, will be Monday at 9 a.m.

in Assumption Catholic Church. She was a member of the Lyndhurst Bowling League. Friends may call after 5 p.m. tomorrow in Farley West Morris Street Funeral Home. Survivors husband Dennis; daughter Angela; son Joseph.

4 Upstate Judges Granted Right To Exceed Budget The Indiana Supreme Court has. upheld the right of four Lake County judges to operate on budgets in excess of those set for them by the Lake County Council. "If the separation of powers is to be maintained, it is essential that the judicial branch of government not be throttled by either the legislative or administrative branches," Justice Richard M. Givan Wrote in the opinion. The ruling came on a suit filed by Judge John H.

Mc-Kenna of Lake Criminal Court and three Lake Superior Court judges, Frank A. Stodola, John G. Baran and Fred A. Egan. The 'four judges filed suit after the Lake County Council cut their budget requests for 1969-70.

Special Judge George W. Douglas of Porter Superior Court had ordered the council to restore the cuts and the Supreme Court opinion upheld the ruling, which was third day. He was smiling as he came out of the conference. Government military spokesmen reported more than 250 North Vietnamese killed in fighting on the Quang Tri front and southwest of Hueesterday. South Vietnamese casualties were 29 killed and 93 wounded, they said.

Heavy clashes were reported by paratroopers and marines who made a pair of large-scale helicopter landings on the coast east of Quang Tri City yesterday. Spokesmen said 90 Communist troops were killed in one of the battles and 73 in another. The number of North Vietnamese reported killed since the drive began is now more than 300. Infantrymen with the armor collected large numbers of abandoned enemy weapons, including heat-seeking missiles, recoilless rifles and at least three 105mm howitzers the North Vietnamese had captured and used against Saigon forces. Small groups of North Vietnamese snipers still lurked in bombed areas behind the paratroopers' front lines, and several South Vietnamese positions along Highway 1 took sporadic artillery fire.

President Nguyen Van Thieu flew to Hue and conferred an hour and a half with his senior commanders in the drive to retake Quang Tri, now in its By RICHARD PYLE SAIGON (AP) Helicopters leapfrogged hundreds of South Vietnamese paratroopers over their supporting armor today and landed them within 4 miles of Quang Tri City as Saigon's forces pressed ahead with their offensive to recapture South Vietnam's northernmost province. Associated Press correspondent Hol-ger Jensen reported that the assault zone was so heavily pounded by U.S. B52 bombers before the dawn lift that some of the helicopter pilots couldn't see through the clouds of dust and smoke. They had to land several hundred of the troops at alternate sites. Officers said they encountered no heavy organized resistance, but the troops clashed sporadically with small groups of North Vietnamese soldiers and at least five tanks.

The paratroopers knocked out two Gary Policeman Guilty jury investigating organized crime and racketeering in Northwest Indiana. Wesson was subpenaed to appear before the grand jury to respond to charges made in a 1968 expose in the Gary Post-Tribune that linked Wesson to a high-ranking figure in Gary's policy rackets. Wesson was convicted of lying to the grand jury when he denied that he met with the rackets boss, as the newspaper's story said. No sentencing date was set for Wesson, who faces up to five years In a Federal penetentiary. The theft charges are the first expected from an investigation into reports that some Gary policemen have been committing burglaries while on duty and trafficking in narcotics.

Manhole Project Nears Finish The Indiana Bell Telephone Co. manhole construction project under way on East New York near Delaware is due to be completed by the middle of next week, the firm said today. F. Si F. Construction Co.

is building a manhole in the north lane of New York just west of Delaware. It will be 12 feet long, 10 feet wide and 12 feet deep. New conduit to carry telephone cable serving downtown and others going to outlying telephone exchanges will pass through the facility when it is yomplctcd. SpkIiI to Thi Niwi GARY, Ind. A high-ranking Gary policeman was convicted on Federal perjury charges yesterday, while the Lake County grand jury was returning theft indictments against two Gary patrolmen.

Capt. John Wesson, 43, was found guilty of perjury after a one-day jury trial in Hammond U.S. District Court. The names of the two patrolmen, charged with a September, 1971, theft from an RCA outlet on Gary's far Westside, were withheld pending their arrest on the Lake Criminal Court charge. Conviction carries a 2-to-5-year prison term.

Wesson, brother of Gary City Council President Cleo Wesson, was convicted of perjury when he testified last September before a Federal granj of the tanks with missiles fired from the shoulder. The other three tanks were destroyed by U.S. jets as they fled toward the jungled mountains west of Quang Tri City. "We expect a tough fight in taking the provincial capital but holding it will not be so tough," said one paratroop officer. South Vietnamese tanks and armored personnel carriers advanced up Highway 1 behind the paratroopers, about 3 miles north of the My Chanh River.

They found the shattered hulks of one PT76 and three T54 enemy tanks which South Vietnamese marines had knocked out when Quang Tri Province fell May 1..