The Journal Herald from Dayton, Ohio • 1

WKTR Paid ABC Aide $50,000, Charge Says Tom A former American Broadcasting Co. executive has been charged in New York City with taking $50,000 from a Dayton television executive in the ABC affiliation fight between Channel 22 and Channel 16. The complaint brought against former ABC Midwest regional manager Thomas G. Sullivan, 43, charges that he solicited and accepted $50,000 from John Kemper, board chairman of Kittyhawk Television operator of WKTR-TV, Channel 16. Sullivan told Kemper that in order for WKTR to win the ABC affiliation, $50,000 would have to be paid to a "consultant," really Sullivan, the complaint said.

It said that Kemper paid Sullivan $30,000 last August in Cincinnati, and that an unidentified Kemper employe paid Sullivan $20,000 more last November in Manhattan. In the Associated Press report from New York last night, there was no word of any action against Kemper or his representative. The complaint was brought against Sullivan by ABC vice president Robert Kaufman. Sullivan was fired from his job Thursday, according to Manhattan District Attorney Frank S. Hogan.

Kemper's attorney, Craig Wright of Columbus released last night a copy of a Kittyhawk 1 1 1 er dated last Monday in which the Sullivan transactions were described to the Federal Communications Commission. The letter, which Wright offered in response to a request to Kemper for comment, says an unnamed officer of WKTR (apparently Kemper) was told by Sullivan that the company should employ a John L. P. Daley Jr. as consultant to insure equal consideration in the affiliation matter.

"Our officer believed that unless such supposed consultant were employed and his services paid for, this company would not have an equal opportunity with the other UHF station, WKEF, to obtain the affiliation," the letter said. "Accordingly, payment was made. To date, we have received no accounting for time spent or the nature of the work performed by said John L. P. Daley, Jr." The letter also detailed the station's efforts to obtain the primary affiliation, including carrying programs of "a public service nature," and investing in video color tape and New York production facilities.

The letter satid Kittyhawk "has suffered losses of $1.5 million in its continued efforts to serve the Kettering-Dayton market." Wright said Kemper had never met Daley, and "at this time, he has questions about whether or not there is such a person as Mr. Daley." Wright also said Kemper had never met Sullivan in Cincinnnati to give him $30,000, as the charge states. He declined comment on whether Kemper knew the identity of the man referred to in the charge as delivering $20,000 to Sullivan in Manhattan. Franklin Luhn. WKTR acting general manager, declined to comment on the charges, but said he had never delivered any money to Sullivan.

Kittyhawk attorney Louis Goldman also declined to comment on the (Continued on Page 6) Weather Today's High in Low 30s Low Tonight Near 20 Sunny, Not So Cold Precipitation Probability Near Zero Details on Page 28 Journal Herald CITY Around The World 163rd Year No. 45 Dayton, Ohio, Saturday, February 21, 1970 10 Cents Russian journalist finds the answer: American society allows stage nudity as a phony protest to let the steam out of true revolutionaries, p. 14. Across The Nation 'Chicago Guilty Get 5 Years, $5,000 Fines AFL-CIO President Meany says contracts worked out at bargaining table should not be subject to membership vote. p.

17. National Guard to limit enlistment in move to keep veterans, cut training costs, p. 16. Finch moves to untangle second news policy snafu that has engulfed HEW Department in recent months, p. 17.

Here In Ohio CHICAGO (AP) Five men convicted of inciting riots during the 1968 Democratic National Convention were sentenced to five years in prison, fined $5,000 and ordered to pay prosecution costs. Judge Julius J. Hoffman of U.S. District Court ordered their terms run concurrently with contempt sentences he previously levied on the defendants. The prison sentences were the maximum Hoffman could have set according to the 1968 federal antiriot law, under which the men were tried.

He could have fined them as much as $10,000. Meanwhile, in Atlanta, a section of the American Bar Assn. (ABA) decided to investigate the trial and the contempt judgments against the defendants and two lawyers by Judge Hoffman. Jerome J. Schestack, a Philadelphia attorney who is chairman of the individual rights and responsibilities section, will appoint a committee shortly to investigate the trial and report to the next meeting in May.

Any official public stand is subject to approval of its board of governors, ABA's executive arm. Some members feel the sentences given the defendants and lawyers William Kunstler and Leonard I. Weinglass might be unconstitutional. If the committeeand the A A a this President Claude R. Sowle of Ohio University successfully weathers torrid campus controversy, in his first half-year at helm, student says.

p. 10. Regents raise tution fees at six state universities, accept educational TV network plan, including transmitter tower for Dayton, p. 2. upi Telephoto Picket No Baseball Fan At Chicago federal building Around Our Town Viets Seize Laos Airfield position, it could mean formal entry of the ABA in support of appeals from Hoffman's ljl JwmJI a HIl fffl VtHvf il Pt Bnfle rJKW JB KSsW' VL Ml i(niifc ii- fnCHHidnjjffrtflskSjj ik it iV Hi.9 Bi6Sj-.

tfiH Ib Li IK jKB 'Bh BB Wl i fl Hp Ji Aw Ek fli EHHi lfeMl jj Middletown's Negro adults stage boycott, "sit-in," and promise to picket businesses today, p. 29. About Business I rket, with exception of resurgent oifs wallows in lethargy and goes almost nowhere, p. 26. By Associated Press VIENTIANE, Laos Tanks and about 6,000 North Vietnamese Army troops seized Xieng Khouang airstrip early today and by mid-day controlled virtually all of the strategic Plain of Jars, official sources said.

They said the tanks led the attack, ripping gaps in the defenses for assualt units of two regiments committed to the battle. The attack began at 1 a.m., they said, and at 3:15 a.m. a wounded radio operator sent an urgent message saying the airfield had been overrun. He asked for air strikes to blow up the ammunition dump and command post. Sources in Vientiane said the strikes were made and the dump and command post destroyed.

The radio message went to Sporting World Flyers still under consideration for NCAA tournament berth, p. 20. Miamisburg completes unbeaten regular basketball season by downing Fairmont West 66-60. P. 20.

the Long Cheng headquarters of Gen. Vang Pao, commander of 1,200 government troops defending the airstrip. It was the fourth attempt in recent days by Norfth Vietnamese Army and Pathet Lao forces to capture the field, in THE SUPREME COURT has ruled that a defendant is entitled to a jury trial if his sentence exceeds six months. The nine men Hoffman found in contempt without a jury trial were sentenced to a total of more than 15 years in jail. There were no incidents or outburst in the courtroom during the sentencing of David T.

Dellinger, 54; Abbott H. Hoffman, 31; Thomas E. Hayden, 31; Rennard C. Davis, 29, and Jerry C. Rubin, 31.

DEFENSE LAWYER William M. Kunstler objected to the quick sentencing but Judge Hoffman said that has been his policy for 17 years. "I think it is wrong legally and morally," Kunstler said. "To say I am morally the judge said, "can only add to your present troubles." Kunstler has been sentenced to 4 years and 13 days for contempt; his colleague, Leonard I. Weinglass to 20 months and 5 days.

They are free until May 4 to carry out their legal duties on behalf of the defendants. AFTER THE sentencing, the judge again denied a motion to free the defendants on bond. He granted 30 days for the filing of post-trial motions. The government will have 20 days to reply. Prior to sentencing, the defendants were given the opportunity to speak and they took nearly two hours to castigate the judicial system, the judge, the jury and the government.

Two other defendants, John R. Froines, 31, and Lee Weiner, 31, were acquitted of conspiracy and a substantive count charging them with teaching the use of an incendiary device. They are being held, however, on contempt sentences. Modern Living U.S. troops suffer heavy losses, Page 36.

"Color-field" canvases dominate the exhibition that opens to the public tomorrow at Dayton Art Institute, p. 31. AP Wirephot Wives of Abbie Hoffman, Jerry Rubin Burn a Judge's Robe Sign reads, "We are all onllawa in eyes of Ameriko, (sic)" Espey Says Injunction Won't Close Dump Kidnaped Tot Found Alive OZARK, Ala. (UPI) Tiny Miami Yvette McLeroy, who had been kidnaped and was feared near death for want of medication for her epilepsy, was found alive and apparently in good condition last night. The 4-m -o 1 girl was found in a wooded area near Ozark by a member of a search party directed by a typewritten note stuffed in the mailbox at her parents' home.

A police spokesman said the child was "fine." The unsigned note was found just before dark. It said: "Your baby is in the woods on the Skipperville Road, a a mile outside the city limits." About 45 minutes later, the baby was located. The note at first was feared to be another communique from a "crank," such as the telephone call which tied up the child's mother, Mary McLeroy, for five minutes earlier. 58 Pages Index Page 29 37-39 Action Line Amusements the center of the Plain of Jars and 135 miles northeast of Vientiane. There was no immediate report on the number of casualties in the latese assault or the size of the attacking force.

Loss of the airfield is expected to lead to a general withdrawal by government troops to the mountains to the west. An estimated 20,000 North Vietnamese troops launched an offensive Feb. 12 to reoccupy the plain captured last year by government forces. Page Horoscope 34 Landers 32 Local News 29 Radio 51 Sports 20-23 Statistics 41 Television 51 Travel 33 Weather 28 Roz Young 31 Business, Finance 24-27 Church News 18 Comics 46-47 Deaths 35 Classified Deaths 40 Dr. Van Dellen 50 Home, Garden 34 Telephone 223-1 111 Hee-Haw! She in Love Smoke was rising from the dump yesterday, apparently from smoldering fires.

YESTERDAY'S SUIT brought in the name of the county prosecutor said Espey has had a waste disposal and landfill site at 6035 Upper River Road, Miamisburg, since Jan. 1. 1969, without a license as required by state law. It also says Espey burns material at the dump and causes dense smoke, sparks, soot, fly-ash and noxious and offensive odors to disturb neighbors. His dump is a public muisance and will continue to endanger the health, safety and welfare of citizens nearby unless restrained, the suit said.

It asks for a temporary injunction, to be made permanent after hearing, against all burning and operation. Judge Brenton set a hearing for Feb. 26 at 9:30 a.m. when the prosecutor must show cause why the temporary injunction, issued yesterday, should be continued for the duration of th case. actions brought against Espey.

For 15 years officials have been trying to control, and more recently close, Espey's dump. He has been convicted of burning without a permit, operating a landfill without a license, and has been found in contempt of common pleas court for burning garbage in violation of a court injunction. Said Leonard yesterday: "By the application of the state law as it now exists, we have not been able to make Joe Espey halt his operation. "Filing misdemeanors doesn't solve our problem. though we obtain convictions, Espey pays his fine and goes on operating, risking he will be charged again.

A $100 fine wouldn't put Espey out of business. Not with the money he is making. We need something more permanent." Espey said, when asked yesterday whether he will stop operation because of the court order: "It doesn't' say that. business goes on just the same." By John Sweeny Journal Htrold Staff Wrlttr Dump operator Joseph H. Espey ignored the threat of jail yesterday with a vow to keep his dump open after he was seivcd with a court order to shut down.

The Miamisburg dump operator admitted he was served with court papers, but as for the temporary injunction against operating, he said, "I didn't see that part." The injunction says Espey's dump operation must cease. There will be no dumping or burning of anything, said paper issued by Common Pleas Judge J. Paul Brenton. Paul R. Leonard assistant county prosecutor who filed suit against Espey, I to bring contempt charges if Espey makes a move.

Contempt conviction carries a penalty of jail and or a fine. LEONARD CALLS Espey's dump a "public nuisance" which is functioning without a proper license. His suit Is the descendant of years of legal native habitat, and North Korea. Chi-Chi and An-An are the only giant pandas in captivity outside those countries. ZOO OFFICIALS here said Chi-Chi had been in captivity so long all but six months of her 12-year life that she probably forgot she was a panda.

"She really seems to have taken to Ben," a zoo spokesman says. "She's very neighborly with the chap next door." When Ben wanders off. Chi-Chi tracks him down her side of the fence. There are no plans to try and bring Chi-Chi and An-An together again, the zoo says. Chi-Chi is now thought to be too old to bear babies.

that separates them, offers to rub noses, and bleats sweet nothings at him. Ben moved into An-An's compound, adjoining Chi-Chi, after the luckless Russian abandoned the cold war here last year and returned home to munch bamboo shoots in solitary confinement. Ben's friendship with Chi-Chi has been a quiet affair, compared with the hoopla of publicity on Chi-Chi and An-An. Zoo officials here and in Moscow hoped Chl-Chl and An-An would become parents to the Western world's only baby pandas. The failure to get them to mate first in Moscow In 1966 and then here In 1969 meant the black and white teddy bear types are likely to become extinct outside Communist China, their LONDON (AP) Chi-Chi, the London Zoo's giant girl panda, was always stubborn as a mule in refusing romance.

Now, It seems, she has finally fallen in love -with the donkey next door. With the Moscow Zoo's An-An, the only giant boy panda in her life, Chi-Chi rarely showed more emotional Interest than an occasional yawn. When An-An tried to give her a Russian bear hug she slapped his face. He soon gave up. BUT BEN, a species of wild donkey from Asia called an Onager, has turned reluctant Chi-Chi into a brazen flirt.

She nuzzles up to the fence.