The Daily Oklahoman from Oklahoma City, Oklahoma • 11

THE DAILY OKLAHOMAN Tuesday, November 1. 1077 11 (Judge Refuses to Grant Records to Break-Away Church take to recover its records. By lady Fossert Following guidelines set down bv the SkJIS. Supreme Court in 1872, an Oklahoma jfcounty district judge refused Monday to ferant a request by secessionist St. Ifoavid's Episcopal Church that its busi-fflhess records now in the hands of the ifcishop of Oklahoma be returned.

and a "watering down" of Christian doctrine. Mr. Pressley identified himself In court as rector of St. David's Anglican Church, Episcopal. He testified he had been wrongfully forbidden to continue his priesthood and added he had made no overt move to secede from the Protestant Episcopal Church in the U.S.A.

before receiving the order from the bishop halting his priestly office. been given the church's business records by Frank P. Parsons, former treasurer of the church corporation, who had remained loyal to the diocese. The church's lawsuit, filed before the records were given to the bishop, said the church has checking accounts and certificates of deposit totaling more than $15,000. Following Judge Parr's ruling at mid-afternoon Monday, attorneys for St.

David's said they didn't know what new ot action the congregation will His ruling came aftr five hours of testimony centering on the right of St. David's congregation to pull out of the Episcopal Church in Oklahoma, something it voted to do by an 85 to 40 vote in late September. Church rector, the Rev. K.R. Pressley, had been suspended from priestly duties before the vote by the Rt.

Rev. Gerald N. McAIester, bishop of Oklahoma. The bishop subsequently excommunicatd six vestry members. The bishop testified Monday he had Mr.

Pressley pledged that members of the break-away church will continue to use the church building at 3333 Meridian which "will not be taken away by a heretical Bishop McAllister has pledged to go to court if necessary to keep the church property within the diocese. The congregation of SI. David's broke with state and national Episcopal organizations in opposition to women's ordination to the priesthood, changes in liturgy Dist. Judge Jack R. Parr quoted exten-ively from a high court opinion which tated that church fights should be decid- fflpd by ecclesiastical courts and not bv ivil courts of law.

Teen's Death Liquor Wholesalers 3rd Tragedy For Family Called in Inquiry the details of it." Agents of the Federal Bureau of Alcohol, Tobacco and Firearms have been conducting the probe in the state for several months. In September, Gov. David Boren organized a state task force to conduct Its own investigation of possible anti-trust violations as well bb any other Illegal activities the task (orce discovers. Boren ordered the head o( the Alcoholic Beverage Control Board to head the task force. Also participating will be the Oklahoma State Bureau of Investigation, Oklahoma Securities Commission and the Attorney General's office.

One source said the task force will probe the entire liquor industry "from top lo bottom." The source said there have been many reports of secret Interlocking ownerships of distilleries, wholesale outlets and retail outlets. There are more than HOO retail liquor stores in the state and only seven liquor wholesalers. There are about 35 beer wholesalers. Some retailers reportedly have claimed one or two large wholesalers have moved Into the retail business in recent years. Oklahoma law prohibits persons being in both the wholesale and retail liquor business.

Involvement in both the wholesale and retail liquor business also might be considered an antitrust violation. By Mike Hammer Several Oklahoma liquor wholesalers have been subpoenaed to appear this week before an Oklahoma City federal grand jury In a probe of the state's liquor industry, it was learned Monday. Acting U.S. Atty. John Green confirmed the report and said the testimony is the start ot an investigation into allcdgod anti-trust violations in the liquor business.

Asked about reports that at least four wholesalers had been subpoenaed before the grand jury that will begin Its work Tuesday. Green said "several of them have been subpoenaed to appear later this week." Green said three attorneys from the anti trust division of the U.S. Department of Justice regional office In Dallas will be working with him during the probe. He said the grand jurors arc expected to lake up routine business on Tuesday and then begin the liquor portion of the inquiry Wednesday or Thursday. There have been reports that the investigation centers on allegations that some large liquor wholesalers have gained control of scores of retail liquor stores In the stAte.

Green refused to confirm or deny those reporls, saying only, "this is an anti-trust Investigation of the liquor business. I am not at liberty lo discuss Harmon Quits Amcare Post Motel Owner Unaware State Wanted to Buy It Urine fiuinitT nt this car enrsenino throuah 14. Midwest City, vas admitted to Midwest City m.nrHraii oil tun westhound lane of I-40 and Hospital for observation with a broken nose, the nan wnnrfnv ovoninn hut no one was hlahway patrol said. Her four passengers were feeriousiy injured. Driver of the car, Darlene Bull, treated and released.

(Photo by Bob Vahlberg) USE REQUESTED Panels Plan Park Efforts By Lynn Hamilton Members of the Okla- lioma City Council and By Bill Blrsehman The suicide of a 16-year-old Oklahoma City youth marks the third tragic incident to strike his troubled family In four years claiming the lives of his (ather, mother and an older brother, Oklahoma City police said. Only two immediate family members remain to mourn David Lee Payne, 16, ol 5601 Willow Cliff Apartments, who apparently fatally shot himself in the chest in Halloween Eve's waning hours, police said. Payne's apparent suicide follows that of another brother's, Charles B. Payne m. on May 5 this year and the murder-suicide of his father and mother four years ago.

Body Found The boy's remaining brother, Paul, found the body at 11 p.m. Sunday lying on a bed next to a book on life after death and throe notes near a picture of the entire family, police said. David had been staying with Paul and his wife since Charles" death in May. One note written on a fast-food firm's carry-out bag only quoted Jesus on tlie cross, "Father, into Thy hands I commend my spirit," officials said. Note on Photo The note was found on one side of the body atop a large picture of the entire family taken prior to the initial July 26, 1973 tragedy.

The other notes were only serawllngs, none related to the suicide and police were baffled (or an obvious reason for the death. A book titled "Life After Life" lay upside down on the bed as if to mark a spot on the other side of the body. Doath Declared He was declared dead at the scene of a single shotgun wound in the upper left chest by a state medical examiner's assistant. Robinson said the Putnam City High School senior didn't have any apparent psychological problems as his brother Charles reportedly did. In 1973, the then-17-year-old Charles found his mother and father shot to death in the bedroom of their northwest city home, police report.

Death DeNcrlhed Police said at the time that the mother, Marilyn Wozzell (Irby) Payne. 35, had wakened before dawn and shot her husband and then herself while the children slept. The father, Charles B. Payne 39, was the president of an investment firm and a former president of the city Jaycees. In May, the son Charles was found by his grandmother in the family's home at 4702 Portland shot In the forehead by a rifle taken from a locked gun-case.

Court Denies Lawsuit Ban WASHINGTON (AP) The Supreme Court ruled Monday that state courts have no authority to bar someone from Illlng a lawsuit In Greg Harmon, executive director of Amcare Ambulance Service, confirmed Monday that he has resigned Lo take a position at an Oklahoma City hospital. Harmon will become director of planning and development at St. Anthony Hospital, effective Dec. 1. He hns submitted his resignation to the Central Oklahoma Ambulance Trust (COAT) which oversees operation of Amcare for the city.

Harmon, 38, said Monday night that hospital administration "is more consistent with my career goals." "At this point In time, many of Amcnrc's goals have been accomplished," Harmon said. It was his Intention, he noted, to be Amcnrc's chief executive "until it got o(( the ground." Harmon stresHed he was not leaving Amcare under any pressure. Amcare, an area-wide emergency medical and transportation system, is in Its second year of operation. A search committee hns been appointed by COAT to find replace-mcnt for Harmon, whose salary Is $28,000 per year. His salary at Si.

Anthony was jiot ing he was in financial trouble. The i previous owners were behind in mortgage payments. Miller said he hns a first mortgage on the motel which he Is still paying off. He and his father took a second mortgage, with a $132,000 balance on Ihe principal, and reassumed the ownership. Miller said his father's motel was one oi the first looked at by the corrections department in 1970 when the pre-release center idea began.

But he said he and his father declined 10 sell or lease because It was then an experimental program and they did not want to ruin Ihe property. He said ho does not mind now because the community treatment center plan Is an established program and "is useful." From the $400,000 he will receive eventually from Ihe state, Miller must pay off the principal balance of the (irsl mortgage of 389,107, plus abut $29,00 in interest. Also, he must pay $30,000 over the six years on property taxes and $30,000 for Insurance. In addition, ho will pay a $40,000 real estate commission. When he reacquired tin; motel in Fubnuiry, he said, ho did yo to run it as a motel.

He said he had to pay $0,607 in back taxes and $3,900 in bark mortgage payments. He also borrowed $22,500 rrom a bank to renovate the building, Including new shubbery. television sels, plumbing and the like. The loan will carry 10 per cent Interest on It, he said. Miller said he hopes to have the lease signed with Ihe deparlment by Nov.

15. The department will pay $470,000 from that lime lo June 30. 1978, and then $70,000 a year until the $100,000 price Is met. I hey will ask the board to appoint an employee to work with the city. It was agreed an inventory of school and city property should bo made to see where efforts could be combined.

Tipton, as well as other members of the city council parks committee, have recently suggested spending city funds to improve school playgrounds and The owner of the molel which will become Oklahoma City's newest community treatment center said Monday he did not buy the building because he had advance knowledge the state wanted It. Oklahoma City attorney Barney Miller, whose father built the Wilson House Motel in the early 1950s, said he reacquired the motel in February before the state Corrections Department offered to buy the motel. Miller said he will make a net prof-It of about $150,000 over a six-year period. The corrections department will lease the motel for $70,000 a year for 5 54 years with the lease payments going toward a purchase price. "We ought to net that much out of it," Miller said.

"The eventual profit will be reasonable." Miller said he has no political connections. In (act, he is a Republican. Miller said it is a better deal for the'stntc than it is for him. "We're financing the sale for them." he said. "We're carrying It six years Interest free.

It's a good deal for them." He said the corrections department appronched his real estate salesman in spring, after he and his sister, Mary Alois Meyer of St. Louis, took over the motel. Miller said he will have to pay the monthly Insurance premiums and taxes during the lease 'arrangement with the corrections department. Miller said his father. O.

J. Miller, now deceased, built the motel in the 1950s and ran It as the Wilshire Motel until he retired in 1971. The family sold the motel to the Can-Am Properties. which ran the motel as ihe Wilson House. Miller said the head of the company contacted him late last year.

say. adequate recreational facilities for Oklahoma City residents. Councilmen Ben Tipton, Ward 7, and Jerry Gilbert, Ward 6, said they will ask City Manager Jim Cook on Tuesday to designate a parks department staff member to coordinate city and school district efforts. School board members Pat Potts and Freddie Williams said ffeoard of Education legreed Monday to be-i')gin efforts to coordi-ffinnte city and school district recreational 'activities. In a meeting aimed got launching joint rec-freation ettorts, school gboard and city council jpnembors agreed cooperation is vital if either fgroup hopes provide tost of Trial Criticized ment of being "perhaps ovcrzealous" by spending so much money to prosecute a "ma and pa operation" like St was a big-time bookmnking operation.

Defense attorney Bob Jackson told the jury the government's use of wiretaps and searches in the case is "frightening." He argued with the government playing in court a conversation allegedly between two persons on trial in if By Gypsy Hngun The trial of seven fpersons charged with fbeing involved in the fqperntion of a gam-tbling operation ended Monday with defense attorneys arguing to the jury the had abused Its Wiretapping authority find wasted taxpayers' money in prosecuting "tlte case. Defense at torney Raymond Burger Accused the govern indoor facilities to allow their use during non-school hours. Tipton said Monday officials should select at least one major gymnasium facility in each of the city's eight wards which could be used by the public. The city could appropriate money to pay for supervisors and maintenance costs during hours when school is closed, Tipton said. Gilbert said playgrounds at the school district's approximately 70 elementary schools could be improved to allow general public use.

Benches, and other equipment for adults could bo added to increase the playground's uses, Gilbert said. Mrs. Potts said she believes the school board "would really like to develop a coordinated effort with the city. We feel a real strong sense of community responsibility." Studies have shown, Mrs. Potts said, that increased community use of a school reduces vandalism and theft problems.

Gilbert pointed out the Gatewood neighborhood in northwest Oklahoma City as a good example of an area where joint effort is needed. "For us to develop a park In that area, we'd have to tear down houses," he said, adding that the Gatewood Elementary School has a nice playground which could be improved as a park site. Mrs. Potts agreed the school "would be ideal" as a park location. The councilmen and school board members agreed to ask for a report in late November from their staffs about progress on coordinating city and school rec- Silkwood Case Points Argued nrwl enr-nrltv.

Bias Case Motion Filed which they discuss a date movie star Lee Majors reportedly had with an Oklahoma City woman last (all. "That was a totally personal conversation which had nothing to do with gambling but with an invasion of priva-cy," the attorney argued. Prosecutor Susie Pritchett, however, rebutted, "Any money spent has been well worthwhile. This Is a very serious violation of federal law." She also defended the wiretaps saying it would have been impossible to prosecute the case without them, add-ing the taps were stringently supervised by a federal Judge. After court Monday, Burger estimated the government has spent $500,000 to prosecute the case.

However, Ms. Pritchett said no estimate could be made since it involved salaried workers who contributed countless hours. Court will resume at 10 a.m. Tuesday when U.S. Dlst.

Judge Luther Bohanon is to read tlie jury 47 pages of instructions before sending them out to dellber- Attorneys for the survivors of Karen Silkwood said they had been stood up, In violation of a court order, by an Oklahoma City police captain who failed to show up for a deposition hearing Monday. However, the captain's attorney said the policeman won't appear until a motion for a protective order is ruled on by the court. A spokesman for the state attorney general's office said the same procedure holds for Thomas Bunting with the Oklahoma State Bureau of Intelligence who has been subpoenaed to appear (or depositions Tuesday morning. Attorney Robert Baker said the Silkwood attorneys should not have expected police Cnpt. Bill Vetter to appear Monday since the court last week gave them 10 days to respond to the protective order request.

He said until such a response is made and the court rules, no depositions should be expected. However, Silkwood attorney Jim Ikard said Monday in court records that until an order Is entered by the court, a motion has no protective effect. Contempt citations will be sought against Vetter and anyone else falling to abide by the deposition subpoenacs, he said. Vetter and Bunting's protective order request maintains they are being subpoenaed to bring flics that would endanger Intelligence gathering Meanwhile, the Silkwood attorneys Monday did take the deposition of Southwestern Hell Telephone Company's security chief who testified his company has no information about alleged wiretapping of Karen Silkwood, but other wiretapping methods could have been used without the company's knowledge. James Hervoy said when Bell received a court order for a wiretap.

It makes no wiretapping connections, providing only location Information. Legal wiretaps could be done without the company's knowledge, he said. The depositions are being taken In connection with a $160,000 lawsuit the survivors of Karen Silkwood have filed against Kerr-McC-oe two FBI agents and an alleged FBI Informant. Attorney Daniel P. Sheehan told Hcrvcy he was being questioned because defendant and Journalist Jacquc Sroujl discussed alleged wiretapping of Ms.

Silkwood with congressional investigator Peter Stockton. Hcvery refused to respond cither aflirmatlvely or negatively to Sheehan's questions about the occurence ol national security taps In Oklahoma. Ms. Silkwood, who died In a disputed auto crash, worked for Kerr McGee at its former nuclear facility near Crescent. fi The Supreme Court Avns asked Monday to throw out a discrimination complaint filed by fthe Oklahoma Human Slights Commission lagainst the National fCowboy Hall of Fame land Western Heritage iCenter.

The commission has fled a petition In Okla- Ihoma County District Court in behalf of E. Jjehn Holllngsworth. who attempted to get a '6b from the Hall of Fame in August 1973. The commission is seeking enforcement of its order dated March 15, .1977, to force the Hall of Fame to halt al- against women and for a money judgment of $1,744. The amount is based on the difference between the job applicant's earnings and the salary paid to a male applicant who got the job The petition, filed by R.

C. Jopling attorney tor the Hall of Fame, says state law requires the commission to set a hearing within 60 days when a complaint is filed. In the case at issue, it says, about two years elapsed between the filing of the complaint and the setting of a.