The Daily Journal from Fergus Falls, Minnesota on April 17, 1974 · Page 1
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The Daily Journal from Fergus Falls, Minnesota · Page 1

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Fergus Falls, Minnesota
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Wednesday, April 17, 1974
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Custer defendant testimony given RACING MEMENTOS — Nicholson and his wife, Connie, are quickly accumulating trophies and remembrances of races their horses have been in. (Journal pholos by Bill Bank) *The doctor Continued from pa again after work to take up where lie left off. It's a fuller day than he would like to put in but until he can make his operation a bit larger, he's forced to do almost all the work himself. Good N Tension could help him expand sooner than he might have hoped. She's currently vying for positions in the Sun County Futurity in New Mexico May 5; the Rainbow Futurity in August; and the super bowl of the futurities, the All-American, in September. Winning that one means more than just prestige. The No. 1 horse will claim for its master a purse somewhere near $340,000, less 10 per cent each for the trainer and the jockey. Good N Tension's trainer, Bubba Cascio is considered the third best trainer in the country and Terry I jpham, her jockey, is the third leading quarter horse jockey in the country. Nicholson doesn't like to look ahead too far, but he is considering entering Good N Tension in the derbies next year if things work out right. "We'll just have to see if she has enough bottom for the longer races," he said. SIOUX FAUS, S.D. (AP) Defense witness Vine Deloria, Jr., testified on behalf of five C'ustcr defendants Tuesday and said that, in his opinion, "the Sioux Nation still owns the Black Hills." Deloria's testimony came at a hearing on pretrial motions seeking dismissal of charges against persons indicted for a Feb.6,1973, disturbance at the Custer County Courthouse. The hearings were expected to continue today as the defense presents its arguments on a motion to suppress evidence it claims was secured from an unconstitutional lineup. Over 20 persons'have been indicted for their alleged roles in the disturbance which began when protestors demanded that the charge against a white man accused of killing an Indian be changed from.manslaughter to murder. Deloria said jurisdiction of the Black Hills "lies midway between the federal government and the Sioux nation. It does not lie with South Dakota." The defense is attempting to have the charges dismissed on the grounds that Custer is part of the Sioux Nation, and is therefore not under South Dakota's jurisdiction. Deloria, a lawyer, teacher, lecturer and author known for his book "Custer Died For Your Sins", told the court that his legal specialty is the study of Indian-U.S. treaties, a field he called "extremely complicated." Karlier Tuesday, Dr. Bruce Sales, director of the Law-Psy- chology Training Program at the University of Nebraska, testified on another. defense motion seeking dismissal on the grounds of pretrial prejudice. Sales said the questions asked prospective members of the Custer County Grand jury were inadequate to bring out latent prejudice against Indians. He said the feeling of latent bias might not necessarily be drawn out because the prospective jurors were questioned in a group. "Jurors should be individually questioned if you wish to efficiently elicit the latent feelings of bias," said Sales. Custer County Sheriff Ernest Pep in also took the witness stand Tuesday and was questioned at length by defense attorney Reber Boult as to Pepin's activities Feb. 7, 1973, when several Custer defendants were arrested. Pepin testified that he was primarily concerned with transfering prisoners from the identification proceedings to the courtroom. Pepin said he did not witness any lineups on Feb. 7. The hearings were scheduled to conclude today. Circuit Court Judge Joseph Bottum has said he will not rule on any of the three defense motions until he has heard testimony on all three. And Bottum said he may not make his decision until he returns to Custer. The defendants in the trial are David Hill, 30, Salt I,ake Fergis Falls (Mi.) lonrnal Wed., April 17. 1974 "|4 City, Utah; Mrs. Delala Beane, Pine Ridge; Sarah Bad Heart Bull, Rapid City; Robert High Eagle, Wakpala, and Kenneth Dahl, Rapid City. oooooooooooooc 3M contr/buf/on policy revealed MINNEAPOLIS, Minn. (AP) — The Minnesota Mining & Manufacturing Co. (3M), stung last year for an illegal $30,000 donation to President Nixon's reelection campaign, is considering a strict policy to prevent future illegal donations. The policy, approved by the 3M board, is on a proxy statement for the annual shareholder' meeting May 14. The statement says the board "has adopted a formal policy explicitly providing that any officer, manager, or employe who fails to follow a standard of strict compliance with all federal and state political contribution laws is subject to appropriate disciplinary action." A 3M spokesman'said "appropriate disciplinary action" could include dismissal. The company and Harry Heltzer, chairman, pleaded guilty in October to illegally donating $30,000 of 3M money to the Committee for the Re Election of the President (CRP). According to the proxy statement, the board's audit committee has been given responsibility for monitoring compliance with political contribution laws. "The committee is directed to utilize the services of the company's independent certified pubjic accountants, the in- ternal auditing staff and the office of general counsel," the statement said. It said the committee should consider obtaining "annual written assurances of compliance from the company's executive group," and "audit of certain expense accounts," and an "audit of certain professional and consulting fees." The statement noted that directors have decided against taking action against persons responsible for the $30,000 donation. Three stockholders had demanded that 3M act against those responsible to recover damages to the firm resulting from the gift. ATTENTION ELKS Saturday, April 20 Serving Chicken and Corn on the Cob Supper in the Ballroom $ _ for 1 first 1 120 The corn is from the Alvin Miller Farms and donated by Alvin Miller) DANCE Music by ALBERT MIKESH booooooooooooo POTENTIAL WINNERS — Nicholson has several horses at his ranch near Dalton including the.se two yearlings. Trial dismissal opinions issued ST. PAUL, Minn. (AP) - A federal judge pondering dismissal ot all or some charges in a major case involving the American Indian Movement (AIM) posed key questions to lawyers Tuesday. Judge Fred Nichol of U.S. District Court asked prosecuting attorneys whether they could show a roadblock phone at the Wounded Knee occupation was used as intended, to aid in negotiations. Defense attorneys were asked if there was proof any phone calls between Indians in the village and their attorneys elsewhere were monitored by the FBI. In both cases, the answer was no. Nichol is to hand down his decision today on a defense motion claiming an illegal govern*Army Continual from page 1 tial to life in prison at hard labor on March 31, 1971. Nixon ordered Calley released from the stockade April 1, 1971. and said he should be confined to his quarters pending review of his case. The 30-year-old Army lieutenant lived in those bachelor quarters under minimum security until a federal judge ordered him released on $1,000 bond last Feb. 27. Galley's life term was reduced to 20 years by I.t. Gen. Albert 0. Connor, then commander of the Third Army. Aug. 20, 1971. Both the U.S. Court of Military Appeals and the Army Court of Military Review upheld the conviction and sentence for premeditated murder of at least 22 Vietnamese civilians during a sweep through the My Lai hamlet March 16, 1968. Calley was the only military man convicted by court-martial out of 25 officers and enlisted men who were charged with offenses ranging from murder to covering up the My Iji incident. ment wiretap and other "misconduct" such as not furnishing promptly some file material helpful to the defense. Lawyers for AIM leaders Russell Means and Dennis Banks seek dismissal of charges including burglary, theft, firearms violations, assault and conspiracy. They are accused of playing leading role in (lie 71-day armed occupation last year of Wounded Knee. S.D., a Pine Ridge Indian Reservation village. Chief counsel for the two sides made the main speeches during four hours of arguments before Nichol Tuesday. William Kunstler of New- York, attorney for numerous activist causes the past 13 years, argued the Wounded Knee case was cast in the mold of such decisions as the Pentagon Papers and Watergate. In i\ plea to the Sioux Falls. S.D., judge, he said. "We are n country struggling on the road back to decency. a country we can be proud of. Judge, bring us home You can do it." He added: "As much as jou might like to push the cup aside, you cannot do il. Wo have come to a crucial point." Asst. U.S. Ally. R.n Hurd. in his early 30s and junior to Kunstler by more than '20 v ears, said he'd never had an experience with a "political trial" before. Hurd claimed the defense had tried to make it a political trial "by saying this is a case of the Indian people." "But. he added, •'let's not lose the perspective as to what the law is and what the law demands." Hurd said the elected reservation Tribal Council, residents of Wounded Knee ousted from their homes by the occupying force and owners of the Trading Post all had rights, too. He told the court. "This is not a case of the United States versus the American Indian but the United States versus Banks and Means." Hurd has said the government will appeal any dismissal. Justice Department attorney Earl Kaplan told Nichol he wanted to set the record straight on a department paper (hat came to light Monday. The so-called "white paper" as it was referred to by lawyers and the judge, was written by Edmund Kitch, an assistant attorney general. Kaplan said it was a speculative paper on how insurgent Indians may have rationalized. Among other things, il stated: "A seizure of the Bureau of Indian Affairs iBIA) Building in Pine Ridge. S.D., could bo justified as the seizure in Washington. D.C., could not, as a forceful exercise of Indian self-determination of Indian territory." Kaplan said Kitch had explained Ihe paper was an effort to tell why the attack by AIM led Indians might have centered on the BIA Building at Pine Kidge. Added Kaplan: "He said this was not the department's view, nor did it constitute an agreement. What he was attempting to do was to describe a course of criminal conduct and how it cmiM be avoided in the future." The BIA Building in Pine Rids;e was guarded by U.S. marshals m February 1973 when the government thought Indians might attempt to take it bv force. Real estate broker's license suspended ST. PAUL. Minn. i.-\Pi State Securities t'oinmissioner Kdv.ard DrisooU has suspended the real estate broker's license of William W. 1 .arson. Hush City, for six months. Driscoll said an audit disclosed that I .arson had overdrawn funds in a trust account. Broker trust accounts are used mainly for the deposit of funds prior to sale cr purchase of real estate. Driscoll said Minnesota law prohibits brokers from using such accounts for personal or business purposes. OPEN THURSDAYS TO 9:00 P.M. Satisfaction Guaranteed • Replacement or Money Refunded AFTER EASTER SALE PRICES GOOD THRU SATURDAY, APRIL20 Chic Tablet/Envelopes . . . They're called 'Lovenotes'. You can express yourself in lour delectable designs. •50 sheets to each tablet. 20 matching envelopes. 8 2,or88' Reg. S9t ea. WOOLWORTH'S 100% ACRYLIC CRESLAN KNITTING YARN ... „. 4-OUNCE4-PLY SKEIN VS& REG.97C! CAPRI FOAMING BATH OIL FREE SAMPLE! Clairol" herbal essence CREME RINSE REG. $1.17! 93 LIMIT SIX 88 y s •?,'•* Easy care . . . Washable . . . Color ' F >' Fast . . . Moth Proof! TOWEL RIOT LIMIT2 4 sweet smelling fragrances: Pink Floral, Green Pine, Golden Gardenia and Orchid Narcissus. when you buy Clairol* herbal essence shampoo We have it in stock! L1MIT2! STYLE HAIR SPRAY In 2 Holding Powers 13-OUNCECANS 96 Original water soluble hair spray. Super or regular hold. 13 01. TO WE US BEACH ;-. v TOWELS Many, many assorted colors, floral prints, and other prints. LYSOL TOILET BOWL CLEANER 24-FLU1DOUNCESIZE REG.69C! 9o LIMIT4 GLADIOLI BULBS RAINBOW MIXTURE PACKAGE OF 10 BULBS 88' LIMIT3 Guaranteed, northern grown, finest quality first size bulbs. Fresh new crop. Grown from our vigorous stock. 260 Petal-Soft Cosmetic Puffs REG.57C! 33 LIMITS Ge.Mle (or lender \Kn. Many uiet. Sofr, absorbent rayon ipun puffs. Keep plenty on hand. Savel FLY 'EM KITS TESTORS-CAS POWERED PLANE $ 7 99 Choice of Japanese Zero, P-S1 Mustang, P-40 Warhawk, Messerschmitl tw. Includes plane, battery, fuel, wrench, string, funnel, directions.

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