Dayton Daily News from Dayton, Ohio • 8

5 SECTION ONE THE DAYTON DAILY NEWS SUNDAY, JULY 0, 19G1 DONT BLAME COMMUNIST PLOTTERS Judges Say Public Ind System WASHINGTON C. July trial by jury a right that is in darker of slipping away from the American people? Fayette county's two judges think so. And the reason is not the Communist conspiracy or any other external movement to subvert the only 19 prospective Jurors appeared out of 40 who had been kummoned for duty in Municipal court. Alter defense and prosecution lawyers had exercised pre-emptcry challenges and other prospective jurors were dismissed for cause, the court was reduced to the necessity of sending the bailiff into Hie street for talesmen to fill out the 12-member panel. WHILE SOME of the 21 citizens called who did not appear had been excused, at least five either did not receive the notice in the mail or ignored it.

And many of those who did contact the court offered the most trivial excuses. They simply didn't wish to be bothered. "We have no desire to work a hardship on anyone," Judge Dice said. "But when it is simply a matter of being inconvenienced that hardly constitutes a hardship." What happened last week Is true not only of what has happened here In the past, but of what In happening elsewhere In Ohio and the nation, the judges reported. Judge Case said: "I knew of judges In Ohio who feel it necessary to write letters to peions who have served on juries thanking them for the service.

I think these thank you letters are a travesty. Jury service is a duty of citizenship." THE RIGHT to trial by jury is guaranteed In the Sixth Amendment to the Constitution of the United States. It provides that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial Jury of the stale and district wherein the crime shall have been committed This amendment not only grants a right, but imposes a duty a duty to the accused's fellow citizens to provide him a speedy and public trial by an impartial jury, and only they can provide the Impartial jury. Judge Case said many older persons question whether they should serve in juries. "Actually, age Is not material so long as they can hear and conscientiously carry out the Instructions of the court," he said.

The judge declared that the jury plays vital role In court case. "They are the judges and triers of the facts in tlie administration of justice. TEOrLE FORGET when they want to criticize the courts. The courts do not belong to the judges or tlie lawyers. They belong to tlie people." Judge Dice pointed out that as citizens "we don't have too many civic duties." He said Die duties that affect most of us are the duty of vote and tlie duty to perform jury service.

can st least perform these," He said many persons who have served on Juries have come to him afterwards and told him it was an enpoyabla experience. Bom Judges emphasized that the right of trial by jury is not found In totalitarian countries and that it would be one of the first rights extinguished If the United States came under such rule. American system of government. The reason is public indifference. TfTr vaiiv ti has faced us with a serious question "Are we going 10 nave to esianusn courts or judges simply because people won't sit on juries?" Judge Max G.

Dice of Washington C. H. Municipal court declared: "If people are not going to do their duty to maintain this constitutional system they will eventually lose it." i-a 1 Judge Case The problem was brought forcefully home last week when earing Monday adford Suit On Br Jury Duty Not Shunned Everywhere Some Counties Have No Problem Filling Panels By MICHAEL ISRAEL Daily News Staff Writer Direct Order Expecled From Appellate Court 9j.st t.J i-s I Si rt Bv CARL BARTON o. riuin w. aroi BRADFORD, July 8 The fate of referendum peti riuin aror Ml lw ff tions on a proposed $427,000 sewajre treatment system here may be decided in the Second District Court of Ap 5v Mt tlffltll I( sue 1 "-st if OLD JAMES HOTEL ON GREENVILLE'S PUBLIC SQUARE SCHEDUED TO GO European-Type Architecture Will Be Missed; Building was Erected in 1861 MORE THAN TITLE Concern for the continuance of tlie American jury system, as sounded this week by Fayette county Judges John P.

Case and John Dice is apparently not shared all places in the Dayton area. A check of five area Common Pleas courts indicates that each county has a different experience In filling juries. Greene county, at one extreme, receives virtual complete cooperation from those called for jury duty. Mrs. Martha McFadden, court reporter for 30 years, says that of those called about onc-i fourth want to be excused, but most are for valid reasons.

"SOME DON'T want to serve," she says, "but they do. People here have learned to accept it as a civic responsibility." But she adds that those called who want to be excused must sign an affidavit, and be excused in open court. In Champaign county, on the ether hand, filling a jury is a problem. Gilbert Morgan, court reporter, says people balk from jury duty particularly if they have a business or farm. He says they will serve if the court makes them.

Judge Donald Gibbs, unlike some of his predecessors, is willing to order the sheriff, to go out to their homes or farms and "bring them In." IN AN AVERAGE jury call, says Morgan, about half of the 30 called will "do anything to get off." He adds that sometimes the court has "gone to the street to get jurors to fill a jury." In Eutler county, deputy clerk Ralph Jeffries, who "spins the wheel" from which juror's name is drawn, savs that if thev draw HOTEL SOLD Darke Landmark Will Be Razed GREENVILLE, July 8-0ne of Greenville's oldest Student Advisor Job at Miami U. and most imposing structures, the James hotel at the northwest section of the public circle on N. Broadway, has a new owner and its impressive history is rapidly in a otrvea I OXFORD BOY IN COLLEGE A BIT EARLY OXFORD, July 8TAltliough he's only a senior at Tala-wand a high school here, David Nelson has started his college work at Antioch. The son of Dr. and Mrs.

L. Warren Nelson, the 17-year-old will begin classes Monday at the Yellow Springs school along with 224 other freshmen. He will return to high school next fall, when the college class begins its co-op projects. Kneisel added. The building will have 16 class rmmi And a fiafatApts Tf im tkA' The Prominence of its facade leni a roucn or mia-turopean to the appearance of the public circle.

READY BY FALL mmmm peals in Dayton Monday This date has been set for a hearing on a mandamus action brought Mrs. Eileen Creiglow, village clerk, on behalf of a citizens committee which is opposing the council proposed system. The action seeks to force the clerk to file referendum petitions signed by 282 Bradford residents requesting a public vote on emergency action taken by council last April. Mrs. Creiglow has refused to accept the petitions and file them with the boards of election in Miami and Darke counties.

She said she acted on advice of Roger nations'. Japan and Korea were most heavily represented with eight students each. "There's been a considerable change over the years," Miller adds. "In 1947-48, we had about 20 foreign students, and at that time we were considering those from Hawaii as students from outside the U.S. Our "foreign guests then largely were European Displaced persons or persons involved "in rehabilitation projects.

"WE HAD no Korean students until after the Korean war. Since then, we've had as many as 20 at a time. Until recently we hardly had any students from the African nations. With the increasing concern for education on that continent we see1 more change in this part of our enrollment." Other changes are evident, too, according to Miller. Tlie students' home governments are more interested in their performance here.

There are more graduate students among them, but fewer women. Their English is better when they arrive. Versailles Asks Levy for Schools VERSAILLES, July 8-The Versailles board of education has announced It will seek approval of a three-mill levy at the November general election. Funds will be used for books and to make improvements to buildings. Tlie board also accepted the resignation of its veteran clerk, Joe Reed, and employed three new teachers.

They are Marian Libbee, speech therapist; Robert Swinehart, eighth grade social studies and science, and Ralph Francisco, biology and general science. Supt. A. E. Stoncr announced enrollment for the next school year Is expected to total 1,215, up 99 front tlie present 40 names, they will usually end; will definitely be razed, up with around 20 jurors.

THE FIRST section of the hotel After me lawyers are through frontj 0 St was disqualifying, he adds, they usu-lcrccted exacU a cent ally have to call in special jurorij buildi has cna owners from a back panel-names that timej since James have been recently drawn and Khann started fausiness are known to be- available. jthcre 1861 Foreign Has Big Special Hi Tbb Dally Newt vv. OXFORD, July It might seem to be just another title in the directory, but there's a real sign 4 the times in a new appointment which Miami university will make soon. Within a few days, Miami will name a new advisor to foreign students. He takes over a duty wnicn ur.

w. Marion wiuer gave up when he accepted appointment as chairman of Miami's Department of French. DR. MILLER, who officially acquired the title about 1947, was advisor to' foreign students in addition to being professor of French. It wasn't until five years ago that he even drew a reduction of teaching load in recognition of the demands of his work with foreign students.

The new advisor by contrast, will be a full-time member of Uie counseling staff under the Dean of Students. Miller says he's really felt the job of foreign student advisor 'THIS HAS.VT merely been increased work with the increase in the number of foreign students," he explains. "It has increased as the number of nations Sidney DAV to Build $16,000 Home SIDNEY, July 8 Plans for a 516.000, L-shaped home have been announced by the local i a 1 American Veterans chapter. The new building, of one-story, concrete block design, will be built on land owned by the chapter on Studevant Just north of the corporation limits. A campaign to raise funds for the project will get under way soon.

Oxford Grade School 65 Per Cent Done Dally Nrm Miiml fnuntr Surnt O'Donnell, village solicitor. O'Donnell said the matter is in the hands of 'Peck, Shaffer and Williams, Cincinnati bonding attorneys hired by the village to handle the legal problems of issuing bonds for tlie sewage system. FRANK SHAFFER of the Cincinnati firm said today, however, that he has not been retained by village council to represent it In the citizens suit, only to handle the bonding problems. lie admitted he advised the council and clerk not to accept the petitions since the matter "was not subject to a referendum" because it was an emergency action. Shaffer said the order Issued by Appellate Judge Paul Shearer last Momday for Mrs.

Creiglow to certify the petitions to the elcc tion boards or show cause why she should not was only a temporary order. He said a more permanent directive may coma out of the Appeals court hearing Monday. THE CITIZENS committee, headed by Larry Lavey, has been opposing the council action because of the high sewage bills and heavy assessments which would have to be levied to pay for the system. Council has explained to residents in a public letter that its resolution of necessity was passed two months ago because the state health department would not renew the village's permit to dump sewage into a nearby stream. "We had no choice but to put into effect the program which had been discussed, developed and planned by a number of previous councils during the past eight years," the letter said.

Wapakonela Pays Lawsuit Debt WAPAKONETA, July 8-Coun'-cil has appropriated money for final payment of a court judgment to the South Shore Construction Port Clinton, for $12,801.38 for a retainer fee and two work orders In the construe-' tion of the Wapakonela water treatment plant in 1956. Council appropriated $11,613.56 from the water works retirement fund to go with funds on hand to pay the complete debt. The legality of the work order for the plant was questioned and the courts ruled in favor of tlie company. In other action, council authorized Safety Service Director Ted Gilroy to advertise for bids for the purchase of an aerial ladder and truck chassis for the light department. Gilroy estimated the cost for the two at approximately $8,200.

Council also authorized tlie as-sessments of 14 property owners on Race St. In the northwest part of the city for fees totnlin $4,229.49 for a sanitary sewer line that the residents asked for. formerly occupied by the Warren county board of education. Tlie board has moved to new quarters on the third floor of the bank building. Visitors to Tlie Daily News bureau should enter by the door off E.

Mulberry St. An elevator has been Installed in the building for added convenience. The plvma number will re main the same as at the W. Mulberry St. location 2-2356.

n. uv. knell was rung recently when Fred W. Coppock of Greenville purchased the structure for an undisclosed sum from the Tsar- doulis brothers of Florida, who have owned it since 1925. Although the future use of the site is not yet decided, Coppock said the historic old landmark A year later the Jacob Wagner family became the owners and operated what was known as the Wagner House for quite a few years.

Later the hotel was operated by J. W. McClung for Mrs. flattie from tlie Schantz estate to Oscar Harris who sold it to the Tsardoulis brothers in 1925. They it to hotel companies until it finally ceased to operate 'as a hotel about three months ago.

Only a barbershop is now housed there. Condemned by the state as a rinumnm. lvli.VP trough the years. inougn not lecnmcany jcgai, ne says, drawing jurors from a lor-mer panel meets with the approval of lawyers and judges, for they realize that one way or another the jury box must be filled. IN SHELBY county, where they Special to Th Daily OXFORD, July 8-With only two months to go before it is scheduled to open, the new elementary school at the northwest edge of Oxford is "65 per cent complete," a representative of the architectural firm which planned the project said today.

"This leaves the project about four or five weeks behind the original schedule which was based on a completion date of Sept. 1," James F. Kneisel, speaking for Potter, Tyler, Martin and Roth, Cincinnati architectural firm, said. Space in the building, how admit to being lenient with re- Schantz, widow of a prominent quests to be excused, they have Dayton business man. It was to go to the street occasionally.

during this period that the James They often try to call people who received its name from the they know are not working and manager's son, who was born are available. If a jury is short, there during the McClung man-they "go out and get those who agement. are willing," said a court aide. Tne old was transferred represented has Increased, and as tlie number of agencies concerned with foreign students has increased." In the 14 years Miller held the post he has counseled 393 vstu-dents representing 68 nations. For the semester just completed, they totaled 66, representing 28 Nine Persons Face Greene Grand Jury Dally ewa firepne County Burn a 34 C.

Mala Xenia XENIA, July 8 Cases against nine persons are slated to be heard by the Greene county grand jury when it con-venes here Monday. Among them are shooting with malicious intent and carrying concealed a pons charges against John J. Stiinlch Stunich, 42, of 438 Richard Dayton. Stunich, along with three other men, allegedly was involved in a shooting attack on three men driving on U.S. Route 68 north of here June 4.

Sheriff's deputies said a car in which Stunich was a passenger forced an auto driven by Albert J. Osborne of Yellow Springs orf the highway. The men in Stunich's car apparently attacked the Osborne auto with- out reason, deputies said. AS THE Osborne auto sped away from the attack, Stunich allegedly fired several shots after it, deputies reported. The grand Jury also will con sider five counts of passing fraudulent checks against Randall E.

Hedrick of Lake view. The checks allegedly totaled $110. Other cases to come before tlie Jury are those of Carl Robert Smith and Richard R. Banks, assault with intent to kill; Gertrude Gibbs, child abandonment; Paul W. Slollings and James A.

Clark, robbery; Robert Wright. cutting with Intent to wound, and Samuel Amos Watson, non-sup port. Council Accepts Chief1! HcMgnation NEW CARLISLE. July 8-Vil-lace council has accepted the resignation of Police Chief Gordon llenslee, effective July 31. No replacement has been named for Henslce, who has been In law enforcement work to be ready for use, Supt.

Robert W. Bogan explained, although the cafeteria may not be ready at the opening of school, he said. BUT THE addition to Tala-wanda high school is "aproxi-mately 80 per cent completed." Kneisel said, and it should be ready for occupancy by Sept. 1, he added. The addition will include four classrooms and a music area.

Both projects are being undertaken by the Marion Contracting Co. Tlie new school and the high school addition arc being financed by a $750,000 bond issue passed by a narrow margin by voters in tlie Talawanda district v.ww vnH via viii'vvivu in November, 1959. Part of the i money has been used for re- habilitating Hanover, Somerville and Colllnsville schools, all part of the district. vcr. "will be available for use In Darke county, tlie bailiff i says they have no trouble in fill- i ing a jury.

Judge Howard G. Eley has issued a pamphlet plaining jury duty to all who are called, and those asking to be excused do not get off easy. Since they know the subpena will be enforced, and have had their duties explained, said the spokesman, "they realize it's a civic duty, and they enjoy it." GREENE COPS fire trap, many will mourn the annual fifth division jamboree on passing of the venerable oldjW a y. July 2G, at the! guest house. (Miami University center.

I when school starts in the fall," Kiwanis lo Meet OXFORD, July 8-The Oxford Kiwanis club will be host to the Policy, Honesty Best Yeggs Find MOBILIZING nnnl RurraM t. Mala Xenia tougher every day to Greene county. Tlie EFFECTIVE MOM) AY Warren Bureau Moves To Quarters in Bank Bv TOM TERPEN XENIA, July 8-It's getting make a dishonest living In reasons OXE-The county sheriff's office recently established a detective section. So far, only tme plainclothesman (Dick Turner! mans tlie section, but Sheriff Russ Bradley snjs he plans to add one or two more detectives soon. THO-Likewise.

Xenla. of the county. The same group also is working to esiablish a police radio network that would put all Greene law agencies In instant touch with one another. It appears that whatever evil may be lurking In tlie hearts of Greene countians had best remain merely in the lurking stage. Mik Dewey returns to Shakespearean drama at Antlnrh collegf this summer, a veteran (at tha tender age of nine) of the college's original cycle of Shakeaprare plays.

The son of Mr. and Mrs. George Dewey of Yellow Springs, Nick will appear as a woodland elf In "Midsummer Night's Dream" July 3 through 9 and 11 through lii. His other Shakespearean role was In 1952 when, at the age of eight months, he was toted on stage In th? role of the Infant Princess Elizabeth during "Henry the Eighth." Let's let the daily log of the Xenia police department tell this one Itself: p.m. Paul Keekler, gam protector, SIS TV.

Market 81. He haa a mad ground hog cornered in at' kitchen there and nerds atxiMance. 2:19 p.m.-Ail clear at 315 W. Market St. Groundhog captured and en route to game reserve: not really mad, Just a little angry.

One of tlie hazards to political tenure was when Greene county commissioners held a public hearing at Five Points school near Falrborn on a proposed sewer-water system for the Wright View Heights area. Queried one. peeved fltlten, "If thl (aewrr system) goea through, lt It go Into effect before have a chance to elect new county The question, applauded by many home-owners who want to be Included out of the sewer district, was met with, stoney silence by the commission triumvirate. i Pally Harem Courtly Unread, ni W. Mulberry Lelwmia LEBANON, July 8 Starting Monday, The Dally News Warren county bureau will be situated in a new location.

The bureau is moving from 10' 1 W. Mulberry St. to the second floor of Uie recently remodeled Lebanon Citizens National bank. The bank building is located at tlie corner of E. Mulberry and Broadway.

Tlie new location is an office with only one full-time plainclothesman, is working to set up a full-fledged detective bureau with three full-time sleuths. til REE The county-wide association of lawmen set up a new road-block system guaranteed (in theory, at least) to snare criminals fleeing from the scenes of crimes they have committed In any part here since Uie early 1930's. A.