The Salina Journal from Salina, Kansas on December 11, 1980 · Page 21
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The Salina Journal from Salina, Kansas · Page 21

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Salina, Kansas
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Thursday, December 11, 1980
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Page 21
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Concordia woman held in strangulation slaying ST. JOSEPH, Mo. (UPI) - Police have released a suspect in the strangulation death of a St. Joseph library worker and charged a 20-year-old Concordia, Kan. woman with capital murder in her death. Sandra Hemme was arrested last week and accused of concealing a crime in connection with the Nov. 12 murder of Patricia Jeschke. Jeschke was found the next day in her apartment with several head wounds. Police in Topeka announced Wednesday they were releasing 44-year-old Jo- seph Patrick Wabski, who was arrested in the case but was able to provide an alibi substantiated by at least three witnesses. However, police say Wabski's arrest gave them further information in the case that lead to the arrest of Hemme in St. Joseph. Hemme, a former mental patient, listed her address as the St. Joseph State Hospital. She waived a formal arraignment and a preliminary hearing has been set for Dec. 18. She is being held without bond. Salman admits to attempted arson Cberie Freeman, 23, 220 E. Beloit, pleaded guilty Wednesday in District Court to a charge of attempted arson. The charge was reduced from a charge of arson, which alleged she set fire to a hallway rug outside the 2130 E. Crawford apartment of Tammy Morgan. She reportedly intended to frighten Miss Morgan in the belief she was spreading gossip about her. The defendant called in the fire alarm, saying she had seen the fire while driving past the apartment house, but police said the fire could not have been seen from the street. By the time firemen arrived, the fire had died, but the rug was still smouldering. Damage was estimated at $50. Associate Judge Gene Penland deferred sentencing to Dec. 31. Miss Freeman remains in jail in lieu of $20,000 bond. Send your news tip to The Salina Journal, $45 in prizes awarded every week. MIDWEST RAILWAY BAND & BJ-4 Presents A Christinas Special Country Music Show and Dance Sat., Dec. 13 (9 to 1:00) Herington Community Building Adm. 6.00 Couple, 3.50 Single Settlement cancels trial A three-cornered settlement cancelled a jury Mai scheduled for Wednesday in District Court over a lawsuit arising from an Oct 31, 1978, Ore at the Chapel Funeral Home, 337 S. Santa Fe. Madeine Walters, 922 Manor Road, who owned the funeral home at the time, filed the lawsuit against Donald Coffman, 917 N. 13th, seeking $3,256.52 in damages. Chapel had contracted with Coffman to paint the funeral home's exterior trim and do concrete repair. A Coffman employee, using a gasoline blowtorch to remove old paint, started the fire, the plaintiff claimed. Coffman filed a counterclaim for $1,510 which he claimed was unpaid for the work done. He later filed a third-party lawsuit against Charles Dealing, 1200 N. Santa Fe, alleging Dealing was responsible for the fire and seeking to have Dealing pay for any Judgment that might be assessed against Coffman. Lawyers in the case said a settlement had been reached in which an unspecified sum was to be paid to Mrs. Walters, with Coffman and Dealing each paying a share. Formal dismissals filed in the case did not state the settlement terms or amounts. „ The lowest tar ever. Cambridge Us* ,rjian, ttlmgtar,' - Box: Less than O.I mg tar. Cambridge Warning: The Surgeon General Has Determined That Cigarette Smoking Is Dangerous to Your Health. O Philip MorrU Inc. 1980 Less than 0.1 mg "tar; 1 0.01 mg nicotine av. per cigarette by FTC Method. Kansas Supreme Court to hear* Outland, Newfield arguments f TOPEKA — Two aggravated kidnapping cases — involving a Salina man who sodomized his victim and a Marion County defendant who murdered his victim — have been scheduled for argument during January before the Kansas Supreme Court. Both Terry Duane Outland, 20, Salina, and Timothy Newfield, 20, Haysville, are serving life sentences on their multiple convictions. For each, the aggravated kidnapping, a class A felony, was the most serious charge on which they were convicted. Outland was convicted on six counts, Newfield on four. Newfield's case is to come before the high court Jan. 13, Outland's on Jan. 14. Decisions on both are expected to be returned on the court's Feb. 28 decision day. Newfield's four-day trial Jan. 21-24 was held in Fort Scott on a change of venue from Marion County to Bourbon County. He was convicted of the aggravated kidnapping of 25-year-old Peabody banker Grant Avery, second-degree murder of Avery, aggravated robbery of Avery's car and wallet, and aggravated burglary of Avery's home. Newfield had forced his way into Avery's home July 29,1979, in an attempt to extort money from the young banker, whose father, Wilbur Avery, is president of the Peabody State Bank. Deng leads drive to oust China's party chairman PEKING (UPI) - Vice Premier Deng Xiaoping is pushing a campaign to oust Hua Guofeng from the Communist Party chairmanship earlier than expected — possibly before the end of the year, diplomatic sources said Wednesday. The sources said Deng is spearheading the campaign by the ruling hierarchy to dump Hua, who was the handpicked successor of the late Mao Tse- tung. Deng's plan apparently involves replacing Hua with Hu Yaobang, who is currently handling the day-to-day affairs of the party as secretary general of the secretariat. He then took Avery to a county road north of Peabody where Avery was shot twice with a shotgun. Newfield then drove Avery's car back to Haysville, and the next day he ditched the car near a Wichita warehouse. Newfield claimed Avery tried to grab the shotgun as they were standing on the road, but the gun fired, wounding Avery severely. Newfield testified at his trial he fired a second shot to put Avery out of his misery. Newfield was charged with first-degree murder, but the Bourbon County Jury elected to convict him of the lesser offense of second-degree murder. In addition to the life sentence for the kidnapping, District Judge George F. Scott sentenced Avery to 15 years to life on both the murder and robbery convictions, and 5 to 20 years on the burglary count — each the maximum term for the offense involved. Outland was tried on eight counts March 27-28 in Saline County District Court. His jury acquitting him on two of the charges. On Nov. 24,1979, Outland accosted a 17-year-old girl at gunpoint and demanded sexual favors, but backed off when the girl became hysterical. From that episode charges of aggravated assault and unlawful restraint were filed. On Dec. 18, 1979, while free on bond awaiting court action on those charges, be forced his way into the car of a !•» year-old Salina woman, punched her In the face and made her drive to nearby building. Hidden behind Uw «. building, he forced her to perform an 9 act of sodomy on him, failed in at- a tempts at raping and sodomiting her, * and took $7 of her money. AddtttoMl 9 charges of aggravated kidnapping, ag- O gravated sodomy, attempted aggra- 8 vated sodomy, attempted rape and rob- • bery were filed. W His Jury acquitted him of the robbery j- and aggravated assault charges, but* convicted him of all the others. In his • motion for a new trial, his lawyer ~ claimed the charges from the two episodes should have been tried separately, and that Judge Raymond Haggart erred when he declined to give the jury the option of finding Outland guilty of some lesser charge (ranging from "simple" kidnapping to unlawful restraint) included within the aggravated kidnapping charge. In addition to the life sentence for the kidnapping, Haggart sentenced Outland to 5 to 20 years for the aggravated sodomy, 1 to S years each for the attempted sodomy and the attempted rape, 1 to 10 years for the aggravated battery, and one year on the mis* demeanor unlawful restraint involving the 17-year-old. In Dickinson County court Myers murder trial set for Jan. 19 ABILENE — The Dickinson County trial of Joe Myers Jr., 24, Junction City, in a murder case, has been scheduled to begin Jan. 19 — two days after the Kansas Supreme Court is expected to rule in a Riley County appeal in connection with another murder charge against Myers. Myers is charged in Dickinson County with the Nov. 29, 1979, murder of Richard Heafner, 27, Junction City. In Riley County he faces prosecution for the Sept. 11, 1979, murder of Kevin Kitchens, 22, Manhattan. Both cases reportedly involved drug sales that went sour. Although Myers originally was in custody in Manhattan, Riley County Attorney Dennis Sauter ceded first jurisdiction to Dickinsoft County while he pursued an interlocutory appeal to the Supreme Court. Sauter seeks to overturn a ruling by District Judge Jerry L. Mershon which prohibited him from using the testimony of Linda Axbig, widow of Myers' alleged accomplice, Loren Axblg. Sauter's appeal was argued Dec. 3 before the high court, which is expected to reveal its decision Jan. 17. Sauter intends to produce evidence that Axbig and Myers broke into the Manhattan home of Cristel Watson, 24, and that while Myers took Ms. Watson and her sister, Elke McGuyton, 19, from the apartment, Axbig stayed behind and killed Kitchens. Myers is charged with the murder as an accessory, as well as with aggravated burglary and with aggravated kidnapping of Ms. McGuyton (her sister escaped and fled as they left the apartment). Axbig was murdered a year ago in Dallas, Texas. Sauter claims that with- out Axbig's testimony, the testimony of his widow is necessary. While waiting for the RUey appeal to run its course, Dickinson County Attorney Keith Hoffman has proceeded with his case. He has charged Myers with two counts of first-degree murder, alleging both premeditated and felony murder, as well as with arson of Heafner's car and aggravated robbery of marijuana and cash from the victim. The killing allegedly happened as the two met for a drug transaction In a rural area near Upland. Heafncr's body was found by two raccoon hunters Dec. 2 in a culvert near Upland. Reamer's burned-out car was found some six miles away from the body. Myers remains in jail in lieu of bonds totaling $750,000 set in the RUey and Dickinson cases as well as in a robbery charge pending against Myers in Pottawatomie County. Two Saline County lawsuits to go before Appeals Court TOPEKA — Appeals of two Saline County District Court lawsuits have been scheduled for argument Monday before a panel of the Kansas Court of Appeals sitting in Hays. In both cases the plaintiffs have appealed District Judge Raymond Haggart's findings in favor of the defense. In one case, the Rickel Manufacturing Corp., 3600 Airport Road, filed suit against Jack Brandau, 151 Aspen Road, seeking to enforce a non-competition clause in Brandau's employment contract. The other case was filed by Charles T. Lott, 930 S. Front, claiming negligence in the repair of his truck by Wheels Unlimited of Kansas, 1-70 & North Ohio. Brandau was a former Rickel vice- president. Although Haggart initially granted Rickel an injunction preventing Brandau from working for a competing company after he left nickel's employ, the judge later ruled the non- competition clause was so broad as to encompass the entire nation. Thus, Haggart said, the contract was void. Rickel appealed Haggart's decision. Brandau cross-appealed, seeking payment of an $80,000 injunction bond posted by Rickel. Although ready for argument, a com- panion case filed by Evco Distributing against Brandau in which Haggart ruled against Evco, has not yet been scheduled by the Appellate Court. Brandau worked for Evco after leaving Rickel. Evco is a distributor of the Big A fertilizer spreader manufactured by Rickel and had a similar employment contract, including a non-competition clause, with Brandau. In the Wheels Unlimited case, Lott sued for compensation for additional repairs to his semi-trailer tractor, motel bills and lost earnings, claiming the defendant was negligent in its repair. However, after Lott had presented his evidence to a jury on April 11, 1979, Wheels Unlimited won a dismissal of the case on a legal point. The defense claimed Lott had not proved his claim, nor had he taken the necessary steps to make use of the legal doctrine of res ipsn loquitur— "the facts speak for themselves." Haggart, agreeing with the defease contention that Lott never asked the facts to speak, dismissed the case. Ads all-pervasive The average American is bombarded by 1,800 commercial messages in the course of a day. Tribunal rejects disability appeals TOPEKA - The Kansas Court of Appeals has denied two appeals arising from a Saline County workmen's compensation case. Richard Lee Smock, Culver, filed the workmen's compensation claim in connection with a back injury on May 25,1978, which was further aggravated Oct. 11, 197S, while working at Roberts Industries in the South Industrial Area. Smock received an award totaling $19,847.09 for 23 weeks of temporary total disability and JW weeks of permanent partial disability, all of which was charged against Travelers. Smock appealed the award to the District Court, but Judge Raymond Haggart confirmed the original finding. Smock then appealed to the Appellate Court. Roberts and Travelers filed a cross-appeal claim- Ing the Workmen's Compensation Fund should pick up part of the award claiming Smock misrepresented a prior back injury. The Appellate Court affirmed Haggart's ruling, leaving Smock with his original award and charging none of it to the Workmen's Compensation Fund. (Flrlt Published In The Salina Journal, December 4, 1980) IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS . the Matter of the Guardlanihlp and Coniervotorihlp of Sue Olive Han NOTfcl OF HEARING COM No. 14M8 THE STATE Of KANSAS TO ALL PERSONS CONCERNED: You are hereby notified that a verified petition hat been filed In the above cop- loned cote by Rudolph Barto, Conterva- or of the Ettale of Sue Olive Hau, an Incapacitated perton, praying for an order authoring and directing tthe iale of Right of Way Eaiement ocrou the following described real ettote, 1o-v.ll: The Wett one-half (WVi) of the Southwett Quarter (SWA), except a tract containing 7.03 acre* 01 evidenced by a deed recorded In Book it, page 2(9 In the Regliter of Deedi office In Elltworth County, KanMi, Section Eight (6), Townihlp Fourteen (14) South. Range Ten (10) Wei! of the Sixth Principal Meridian, El- ltworth County, Kantai. the tome being to the belt Interett of the Contervotee and her ettale. You ore hereby required to file your written detente* thereto on or before the JO day of December, 1910, at 10:00 o'clock A.M., of told day In tald court In the City of Salina, Saline County, Kantat. el which time and place tald coute wll be heord. Should you fall therein, |udg ment and decree will be entered In due courte upon tald petition. RUDOIPH BARTA Contervator ATTEST: JotmWeckel AMOtkHe fXttrkt judge BARTA and BARTA til fait Iron Salina, Kanwt 67401 9U-US.S413 (SEAL) (Slip (Flnl Publllhed In The Salina Journal. Docembor 11. 1980) NOTICE OF PUBLIC HEARING NOTICE It hereby given on Iho following propotod amendmenlji) lo tho Zoning Dlitrkl Map of the City ot Sotlna, Kontat, and 1h» lollowlna piopowl chonow and amenonv»nlt of Zoning Ordinance Numb>r 8576 ol tald City. Applkatlon «*M» (Amended), filed by the iallna Journal, requeuing lo change the dittrkt unlng clottllkotlon from "D-3" (Mulllpl. Family Retldentlol) lo Dltlrkt "C-3T (Shopping Center DUIrkt) on property legally detcrlbed at loilowt: The well off of Lott 169 and 171 on Fourth (treel. Original Town. City of Sollno, Saline County, Kentat. (Approximately 301 and JOS S. Fourth Street) A public hearing will be granted any p«itont Interelled In tald propoted changed) or amendment(t) at 4:00 P.M., on Tuetooy. January 6, IWI. In the City Commlwlaneri Meeting Room. Room 200. City-County tulkUng. 300 W. Ath, Salina. Kantat. SAUNA PLANNING COMMISSION Keith F. Rawllngt, Secretary ATTEST: O.I. ttorrlton City Clerk <"> (Pint Publllhed in The Soilna Journal. November 27, IMS) IN THE DISTRICT COURT Of SALINE COUNTY, KANSAS (Probate Divlilon) n the Matter of the filtote ol Mabel E. Gruber, Deceated NOTICE Of MARINO COM No. M> P 47 Hf STATE OF KANSAS TO All PtMONS .ONCERNED: You are hereby notified Ihot a Petition hat been filed In rhli Court by Roymend J. Oruber, duly appointed, quatHM end acting executor of the ettoM ol Mefeet I. Oruber, detected, praying that hit •dt be approved; that Mi account be MMM and allowed; that me Will fa* tentlrued and the eilate be otttaned la ** pe». torn entitled thereto; thai feet end en- pentet be allowed; that the coeH be de- ermlned and ordered paid: met me ad- mlnlttrotlon of the etlele be doted: that the executor be dltchorged and It** he te releaied Irom further ItabHHy. You are required lo III* yeur written defenwi thereto on or before MM IMi day of December, 19*0, et 7:00 o'dech P.M. of tald day. In told Court, In *e Clly of Salina, In Saline County, Ifeniet, at which lime and place toM cevte wM be heard. Should you fall therein, Mg- merit and decree will be entered In dJe* courte upon the Petition. Raymond J. Oruber Executor ATTEST: JohnWeckel AMOclat* Dlitrkt Judge CORMAH t BAREfltlO W Wett Second Street Wrmeapollt. Kontat 67467 •13-9tt-2ltt Altorneyt lor Petitioner (SEAl) Send your news tip to The Salina Journal, $45 In prim every week. ,

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