The Kokomo Morning Times from Kokomo, Indiana • Page 15

Everything's coming up daisies for Viet Cong TIMES Friday Octobtf 7. ItM IS A U.S. MARINE yells for assistance as he tends to a wounded man near the fringe of the demilitarized zone. American Marines swept through dense jungle in the zone, forcing the North Vietnamese into battle, pushing them onto the plains and systematically wiping them out. (UPI Telephoto) Marion bar not responsible for patron's safety, high court says INDIANAPOLIS (UPI) --The Indiana Appellate Court ruled 0-3 today that a tavern owner has no greater responsibility in a holdup (o protect his patrons from harm than he does to protect himself.

The eight-member court split on (he question as contained in a filed by Merchie Pratt, Marion, against the owner of a tavern in. which Pratt was wounded by a holdup men. The Grant Superior Court jury awarded Pratt damages of $4,872 against the estate of the late Jennings B. Fudge, but the Appellate Court reversed this finding. Instead, the majority in- structed th lower court to enter a judgment in favor, of George R.

Yingst; administrator for Fudge's estate. Fudge died before the trial was completed. Evidence was that Pratt, his wife and some friends had stopped in Fudge's tavern in Marion June 19, 1956, and ordered drinks. Shortly afterward a bandit entered and ordered Fudge, at gun point, to put money in a sack. As the bandit reached for the sack, Fudge grabbed at his and a scuffle followed, with both men rolling against the table where the Pratts were sitting.

Pratt was shot when he tried to jump on the robber's gun hand and Lad, 16, says he killed fo gef money to pay fine PUEBLO, Colo. (UPI-A shy, 16-year-old newspaper boy i-told police Thursday he 1 burglas rized the plush home of the widow of a former Colorado political figure to get money to pay his first traffic ticket, then murdered her in her bed with a hunting knife. Police said the high school student confessed the slaying because he "wanted to get something off his shoulders." Pueblo Dist. Atty. Carl Parlapiano identified the boy as Lee Kopasz.

He was picked up about eight hours after the rlnsic ked. murder as he drove the slain woman's car 180 miles north in Fort Collins, at 8:30 a.m. EOT Thursday. Pueblo police found the body of Mrs. Margaret Rose, 58, in bed in the home where she lived alone in an exclusive residential section.

The body was clad in a nightgown. "He looked very young and Fort Collins Richard Hummert after he stopped the youth for a routine check, "and the car he was driving was very new and very expensive, so I stopped him. He was unable to prove his identification and he did not have a driver's license or registration for the car." Pueblo police were sent to return the slim, 5-6, brown- haired youth to Colorado's second largest city. He said he never had been in trouble with the law before. Mrs.

Rose was the widow of the late Russell Rose, Pueblo County Republican chairman who died in 1963 alter a fall from a horse. Mrs. Rose was vice president of the Pueblo County GOP Women's Club. She was a native of Buffalo, N.Y. Hummert and Fort Collins policeman Dan Joseph said the youth said he had gotten a traffic ticket andwasburRlariz- ing Mrs.

Rose's ranch-style home to get money to pay the fine withoit his father knowing. HVdeiiYered newspapers to ttie house daily. Police said the youth told he entered the house through the garage and took $3 ffom Mrs. Rose's purse, then went to her bedroom where he heard a television set playing. He said he stabbed her "repeatedly" she screamed.

Capt. Robert L. Mayber, acting Pueblo police chief, said the house had not been the bullet went into his lung. The bandit finally was hit on the head with a bottle by another patron and knocked uncon- sious. Judge Hubert E.

Wickenswho wrote the majority opinion, said "the victim of a crime during the course of such criminal act, is excused, justified and to be held privileged from ordinary resistance which might cause actionable damage. He should be chargeable with no greater legal duty to use care for the protection of others than he, in the emergency, has seen fit to use to protect himself." "Our Supreme Court has approved aii instruction that a private citizen had the right and it was his duty to use force to prevent robbery or to prevent the escape of any robbers." But Judge Thomas J. Faulconer, who wrote the minority, opinion, said the tavern owner owed Pratt "the duty of exercising reasonable care for ap- 'pellee's safety. There is evidence to sustain a finding that appellee was forced toenterthe fracas in defense of himself, his wife and friends. Even under the highly commendable goal of preventing crime, upon which the majority opinion seems to base its reversal, whether or not the actions taken would be those of a reasonable prudent man is a question for the jury." SAIGON (UPI) U.S.

Marines and Army forces Thurs- dav swept to victories on the two hottest battlefields of the war and successes were reported in every other sector of the country, including the mass surrender of 66 Viet Cong. The Marines ended a 15-day drive across a strategic mountain rideline just three miles south of the demilitarized zone (DMZ) by crushing a stubborn Communist hilltop fortress in heavy rain and gummy mud. First Cavalry Division troops reported killing 94 Communists and capturing another 72 as an elite Communist division was being squeezed in an allied trap along the coastline 30 miles north of Qui Nhon. The heliborne 1st Cavalry troops claimed a record number of Communists captured by a single U.S. division in a single week with a total of 224 caught since "Operation Irving" began last Sunday.

Sixty-six more Viet Cong surrendered Wednesday, walking out of mangrove swamps with safe passes dropped by allied psychological warfare teams. The surrender was the biggest one-day total since the three-nation push along the coast began. It boosted the total for the U.S. South Vietnamese South Korean drive to 934 Communists killed, 533 captured and 905 Viet Cong suspects cap- In Saigon, American military spokesmen announced that 99 U.S. troops were killed last week and another 642 wounded.

The weekly toll marked a considerable drop from the previous week when'just under one thousand American casualties were reported, including 142 killed and 825 wounded. The three-nation drive has trapped the combined North Vietnamese-Viet Cong 610th Division against the coastline as gunboats patrolled off-shore to prevent escapes on the South China sea. "They haven't got any choice choice except to surrender or get wiped out," a U.S. spokesman said. In the Marine action, Mike Company of the 3rd Marine Battalion of the 4th Marines charged through machinegun fire and a barrage of hand grenades to capture Hill 484.

guarding a major Communist infiltration route into South Viet Nam. The Marine company, commanded by Capt. Robert Hanrahan, 32, of Randolph, began its assault on the hill Tuesday but pulled back to allow air and artillery to hammer the Communist defenders. The second platoon, led by 2nd Lt. William E.

Curt of Phoenix, braved a hand grenade attack during the final charge. "This is our hill." Curt yelled to his men. "We've got this damn hill. You know that. Keep it going, keep moving, slow but by tree." Curt's men killed 15 North Vietnamese boosting the enemy toll in the two-month-old running battle between the Marine forces and Hanoi's 324B Division along the border to 966.

The air war over North Viet Nam picked up steam Wednesday with U.S. Air Force, Navy and Marine pilots flying 130 missions, hitting around Hanoi and Haiphong. A U.S. spokesman said an Air Force F4C Phantom was downed over the Communist territory. One crewman was rescued, the other listed as missing.

Trio to open musicale season The Afolian Trio, comprised of faculty members from DePauw University's School of Music, will perform Oct. 12 on Presidents Day, as the Kokomo Morning Musicale opens Artist Russ says grain harvest greatest MOSCOW (UPI) --The Soviet government Thursday announced the largest grain harvest in the nation's history. The announcement amounted to a tangible vote of confidence in multi-billion-dollar efforts to boost farm output and end the necessity for expensive, embarrassing wheat purchases from capitalist nations. Tass, the Soviet news agency, quoted Agriculture Ministry official Ivan Kohoroshilov as saying the harvest of all grains this year will be about 160 to 165 million tons. He did not give exact figures for different kinds of grain, such as wheat, oats or barley.

The previous record was set in 1964, when a bumper crop brought in 152.1 million tons. Bad weather last year drove yields down to 120.5 million tons. Since then, the Kremlin has invested millions of dollars in a program of irrigation, land reclamation, fertilization and mechanization in an attempt to end thse cyclical ups-and-downs and put Soviet farming on a self-sufficient basis. Khoroshilov's announcement was expected. Earlier official reports had told of record yields from various farming areas, and Western experts who had toured the countryside reported a bumper crop was on the way.

Observers said the bumper crop, while a good sign, did not mean Russia's perennial farm problems were solved. They pointed out that farmers were blessed by almost perfect weather this year. But they said the crop will free needed currency that can now be spent on arms, consumer goods, space or other priority items. WAMT ADS WORK WONDERS Your choice of two best sellers all at one low price! QUALITY SEAMLESS NYLONS W. "thank you" with the most spectacular storewide Anniversary Sale Savings in 60 years! SHOP FOR MEN and save an extra 1 .07 a set during our Anniversary Sale on THANKS! YOU'RE PRETIY GRUESOME YOURSEL urtfKJIRlFI nunruuit.

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