The Journal Herald from Dayton, Ohio • 1

VALLEY Journal Herald Tom 1 62nd Year o. 242 Weather Dayton, Ohio, Saturday, INovember 22, 1969 Officer Is Charged In Viet assacre Today's High in 50s Low Tonight Lew 30s Partly Cloudy, Warmer Precipitation Probability 10 Percent Details on Page 41 Around The World From Wirt Dispatch WASHINGTON The Army yesterday disclosed that Lt. William L. Calley is charged with Italy's troubled government, shaken by strikes and rioting-, faces collapse, p. 54.

Assassin of Kenya's Tom Mboya executed secretly two weeks ago, sources at Nairobi reveal, p. 54. guilty, and some think he is more guilty." Asked why the investigation was delayed for so long, Jordan said that is one of the things the Army is trying to determine. Meanwhile, Sen. George McGovern, said the incident reflected the "futility and uselessness" of the I a war.

"No one wants to believe this report," McGovern said, "but what if it is true?" If the facts are correct, McGovern said in a senate speech, "it weakens the arguments of those who fear a bloodbath in the event of our withdrawal from Vietnam." trol," the Army said. "Some of the witnesses were medically evacuated during the combat operations and were not available at the time." Yesterday's statement, distributed to congressmen as well as newsmen, said an original investigation by the South Vietnamese and the U.S. 11th Infantry Brigade found that no massacre had occurred. "At that time (March, 1968), the matter was not brought to the attention of Army headquarters, there being no apparent requirement for doing so," the Army said. JORDAN DENIED the Army is guilty of a cover-up.

He said Defense Secretary Melvin R. Laird, Army Secretary Stanley R. Resor and other officials are "very concerned." Discussing the legal questions involved, Jordan said giving an order to kill someone can be "murder" under military law, even though the person has no part in the actual slaying. On the other hand, obeying an illegal order to kill is "no defense," so the actual slayer may be equally guilty of murder, Jordan said. JORDAN COMMENTED that "some people think the man who gives the order is equally Across The Nation After 26 Years Chicago Police photographer admits using "dirty word" during 1968 Democratic national convention riots, p.

28. Five alleged war profiteers plead Fifth Amendment; two New York bankers claim ignorance in Vietnam crooked money deal. p. 12. Here In Ohio Minister Trades Collar for Badge premeditated murder of approximately 100 Vietnamese civilians in a U.S.

raid of a Vietnamese village in March of 1968. In its first official statement on the matter, the Army also said a total of 26 men, 15 of them civilians, are under investigation in the deaths. S. Sgt. David Mitchell, 29, of St.

Francisville, faces a charge of assault with intent to commit murder in the same incident. Army General Counsel Robert E. Jordan III said about 75 persons had been interviewed in the case, in addition to the 26 men under investigation. The 26 included nine active duty servicemen in addition to Calley and Mitchell. The other 15 are former GIs.

JORDAN SAID the civilians would be subject to court-martial under the uniform code of military justice. The charge against Calley was announced at Fort Benning, Sept. 5, but merely referred to a charge of murder "for offenses allegedly committed against civilians while serving in Vietnam." Calley was to have been mustered out of the Army on Sept. 5 but his discharge has been held up because of the charges. A spokesman at Fort Benning said Calley remains on normal duty and is under no restriction other than those of normal Army regulations.

The Army said the alleged massacre occurred in a battle zone "known as My Lai Four, Quang Ngai province" and said "this hamlet had been under Viet Cong control for years." My Lai is within the village (county) of Song My. "AFTER THE operation, the area returned to Viet Cong con- Senate Panel Robert Taf son of a senator and grandson of a president, to seek GOP nomination in race for U.S. Senate, p. 23. Around Our Town Cincinnati Archbishop Paul F.

Leibold tells University of Dayton students church is a dynamic agent for social change, but students disagree, p. 36. Police testify Art Thomas precipitated unrest at Stivers High School last fall, p. 29. About Business tian isn't sissy and we have to show them there is a better way of life than being a hoodlum.

"THERE'S NO greater challenge than trying to live by Biblical standard Bailey added. He said there is little crime this village of 2,000 persons and he hopes "to keep it this way to working closely with the people." Bailey was serving as a pastor and doing some law enforcement in Butler, ImL, when he heard a story of Arcanum's advertisement for a police chief on a Ft. Wayne, television program. Arcanum's use of a classified adveritsement in its search for a police chief earlier this year received nationwide attention. HE CAME here May 25 as a patrolman at a salary of $5,700 a year.

His salary was boosted to 96,300 at his appointment to chief. "We couldn't get by if my wife hadn't gotten a job on the local newspaper," he admits. In addition to working a 12-hour day shift on the police department here, he goes to school three nights a week in Greenville to obtain the 130 hours of police training required by Ohio law. The school ends Jan. 15.

By Fred I. aw son Journal Herald Staff Writer ARCANUM-E. W. Bailey has times violent life of a policeman exchanged 26 years of peaceful life as a minister for the some-because he sees a greater opportunity to serve people. He was a Church of the Naza-rene minister.

Now he is Arcanum police chief. And that's because he thinks law enforcement provides more opportunities to influence people especially young people. But he sees himself as the leader of a flock in both jobs. "My goal is to lead our residents to obey the law rather than make arrests after the law has been broken and I believe I am effective in counseling our young people," Bailey said, explaining how his ministry relates to police work. THE 52-YEAR-OLD Michigan native, who spent 26 years as a Church of the Nazarene minister in Michigan, Florida and Indiana, was appointed police chief of this Darke County village this week after completing a six-month probationary period.

He said he decided to give up the ministry and go into full time police work because "this will permit me to utilize my capabilities to the upmost." Bailey said there is "a pretty good ministry in police work New YJrk Exchange slumps sharply in slow session; tax loss selling, waning hopes of easier money policv take toll, u. 26. Sporting World OKs Healing On Vietnam Haynsnortli Reflects on Defeat Senate Vetoes Haynsworth Michigan coach Bo Schembechler begins to boil at suggestion Ohio State will romp over Wolverines today, p. 18. E.

W. Bailey because we are right out there with the people." There is a vital need for Christians to "push out of the church and reach the need. We have to show our people, and especially the youngsters, being a Chris Modern Living PRESIDENT NIXON said in a statement he regrets the Senate action and thinks the nation regrets it, too. Then he made clear lie will nominate someone else who will be cast in the same conservative mold as Haynsworth be- Not ajl the hockey action is on the ice. p.

31. Young: Now York artist, who has two canvases on exhibit at the Living Arts Center gallery, contradicts painting-is-dead theory, p. 31. Lunar Orbit Behind, Apollo Heading Home i.ilihn iai. "Hayneftworth'i Exit," Pac 1.

WASHINGTON (AP) The Senate Foreign Relations Committee yesterday decided to hold public hearings on Vietnam. But the commitiee said witnesses probably would be limted to administration officials and senators who have sponsored a series of Vietnam resolutions. The decision was reached at a meeting after what Sen. Gale McGee, said was "quite a struggle." McGee opposed the move. Sen.

J. W. Fulbright, chairman of the committee, said the panel decided, on a 7-2 vote, to hold the hearings. He said a lengtny discussion preceded the vote Fulbright said no specific time has been set tor the start of the hearings. Pity will begin after the committee completes work on the foreign aid bill, he said.

Hearings on the latter measure will commence immediately after Thanksgiving. JU Show Today Index 60 Pages From Wire Dispatches WASHINGTON The Senate dealt President Nixon his most severe congressional rebuff yesterday when it rejected his nomination of Judge Clement F. Haynsworth Jr. to the Supreme Court. Coming in climax to a three-month dispute, the rejection was on a 55-45 roll call a 10-vote margin which surprised even those opposing the 57-year-old nominee.

Mr. Nixon's defeat was due in large part to refusal of many Republican senators to follow his wishes. The President had staked his political prestige fli a test of wills with the Democratic-controlled Sfoate, culminating in an intensive pressure in Haynsworth's behalf. Seventeen Republicans joined with 38 Democrats to deny confirmation. Twenty-six Republicans and 19 Democrats all but Democrat one from southern or border states-supported HOUSTON (UPI)-America's second Moon landing team rocketed from lunar orbit toward home yesterday with the astronauts happily chatting about their highly successful exploits.

The first words from the spacecraft, Yankee Clipper, as it swung around the back side of the Moon were, "Hello, Houston, Apollo 12's en route home." The astronauts were right on target for a planned splashdown Page Page Action Line 29 Landers 32 Business, Modem Finance 24-27 Living 31, 32 Church Nevs 38, 37 Radio 52 Comics 52 Sports 18-22 Deaths 10 Statistics 6 Deaths, Television 53 Classified 42 Theaters 3C-41 Dr. Van DcUen 52 Travel 33 Home, Garden 32 Valley News 29, 30 Horoscope 39 Weather 41 cause "the Supreme Court needs men of his legal philosophy to restore the preocr balance to that great institution." After saying Haynsworth's services will continue to be available to the nation through his position as chief judge of the 4th U.S. Circuit Court. Mr. Nixon concluded: "When the Congress returns for its second session in January I will nominate another justice.

The criteria I shall apply for this selection, as was the case with my nomination of Judge Haynsworth, will be consistent with my commitments to the American people before my election as President a year ago." ALTHOUGH THE President spoke of Haynsworth's continued service on the appellate court, the judge in a statement issued from his office in Greenville, S.C., said: "I must now consider whether my usefulness has been so im- Continued on Page 8) Monday afternoon in the Pacific Ocean near Pago Pago. 'It looks like we're climbing straight up from it (the Moon)," "Pete" Conrad Jr. as he, Alan L. Bean and Richard F. Gordon Jr.

streaked toward Earth at more than a mile a second. THE THREE Navy commanders, then beamed a 37-minute television show of the fast receding lunar surface back to Earth. The Moon looked like a grayish-green golf ball. In a fast-running commentary the spacemen offered these tidbits about lunar exploration: It's easier to fall forward on your face to pick up things in Moon's gravity one-sixth that of Earth than to bend over in buky spacesuits. To get up, a Moonwalker simply does a one-handed pushup.

It's easier to lope across the Moon surface than to walk. It just "didn't seem natural to walk," Conrad said. Lunar rocks roll slowly at the start, but once pushed hard, "The yould just keep of the "big i 1 1 was to land closer to the Surveyor 3 unmanned Moon probe than originally planned. AFTER. THE telecast, a space agency official said a preliminary study of the electrical problem during last week's launch indicated there were two lightning strikes one 36 .5 seconds into the mission and one after 52 seconds.

Don Arabian said the space aency had "photographs showing the lightning He said it was not a first strike in the sense of a bolt from the sky, but electrical charges flowing along the ionized exhaust plume trail from the rocket. For Conrad, "one of the big thrills was to sit down next to Surveyor, expecially when we stepped outside." The wreckage of the 1967 robot Moon probe was sitting on the other side of a crater from Intrepid, Conrad and Bean's lunar lander. Telephone 223-1111 Surprise Action ABC Picks TV 16 Grid Stars on TV The 7th Annual Journal Herald Alf-Star Football Show will be on WLW-D Channel 2, 12:30 to I p.m. today. The show will feature Sports Editor Ritter ColleH, writers Pete Boal, Mickey Davis, Sports Director Omar Williams of Channel 2 and the champion football players selected by The Journal Herald as this year's area All-Stars.

The half hour show will present the champions and their coaches with field action of the men in their special plays. Food Costs Dip, Others Rise Dayton-owned Channel 16-WKTR-TV yesterday was awarded the primary American Broadcasting Co. affiliation for tbe Miami Valley, effective Jan. 1. The action came as a surprise because Channel 22 WKEF-TV was considered to have the inside track, having carried 70 percent of the ABC programming for 15 months.

Channel 16 plans to start presenting full ABC programming Jan. 1, when Channel 2 WLW-D which his been sharing the network with Channel 22, elects to stick with NBC. Channel 2 has been the primary affiliate for both ABC and NBC for some time. Its contract with ABC expires at end of the year. Channel 7 WHIO-TV-continues as the primary affiliate of CBS-TV.

WHILE THE DECISION means viewers will have to become accustomed to finding their ABC programs on a different spot on the dial, it also means local viewers will be better off. With Channel 2 trylnR to pick the best of two networks, as it has been doing for several years, local viewers had to watch a lot of shows on a delayed basis and actually missed a number of television specials. John A. Kemper, board chairman of Kittyhawk Television operator of Channel 16, who made the announcement, called it the "happiest day of our lives." This was understandable because Frank Luhn, executive vice president and general manager, admitted local "inverton have had to live with a deficit of close to $2 million." KEMPER ATTRIBUTED the ABC decision to his station's position as the only totally local-owned station in the area. "I think there were four main factors considered by the network in awarding us affiliation.

Primary among these are facilities and equipment. "We have Invested a considerable amount of money in color equipment and have what I think are some of the finest facilities in the country. 0 WASHINGTON (AP)-It cost slightly Jess last month to put meat and vegetables on the dinner table, but other living costs continued upward. And, the government said yesterday, millions of workers had less money to spend in October as inflation and a shorter workweek shrank the value of their paychecks. The Labor Department's Consumer Price Index of food, housing, clothing, transportation, medical care and recreation costs rose .4 percent to 129.8.

THE INDEX, bnsed on 1957-59 prices, showed It cost $12.98 last month for every $10 worth of typical family living expenses 10 years ago. The October rise was a shade less than the average monthly increase so far this year, which Is running at an annual rate of about 5.9 percent. "The rete of Increase in prices has leveled off," said Dr. Joel Popkin, assistant commissioner of the Bureau of Labor Statistics. BUT, SLACKENING business activity unri President Nixon's tight anti-inflation policies led to a 24-minute cut in the average work week of 45 million rank-and-file workers.

The bureau railed the rut "a sizable reduction." Despite a one-cent hike In average hourly pay. the decline in hours reduced the average gross weekly paycheck 88 cents to $116.94, the first drop In eight month. The average worker still earned $8.65 a week more than a year ago, but after tax deductions and the erosion of inflation his purchasing power was 82 cents less. IN THE PRICE report, the bureau said groceries averaged .6 percent lower with biggest reductions for beef, 1.6 percent and fresh fruits and vegetables, 3.6 percent. Among the largest contributors to the over-all rise in October living costs were 1970 model cars, up percent, used cars 3.6 percent, dothing, .9 percent, new houses .8 percent and mortgage interest 1.2 percent.

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