Bennington Banner from Bennington, Vermont • 8

I 1 l.y TTT 8 Bennington Banner, Wednesday, October 29, 1980 I Massachusetts death penalty law ruled invalid One is charged with murder-for-hire; two others with kidnaping, raping and murdering a child; and the fourth is a prisoner charged with murdering a fellow inmate. Flanagan said the ruling saved the expense of lengthy appellate proceduresthat could have followed convictions. Since 1947, all 43 persons sentenced to death in Massachusetts have won commutations and some of those individuals are presently free, on parole. Justice Francis J. Quirico dissented, contending the ruling forecloses any legislative authorization of capital punishment for any crime inthis commonwealth.

He said the courts majority in its view of contemporary morality proceeds with no apparent regard for the con-titutionally distinct roles of the judiciary and the Legislature. Twice before the court expressed views against capital punishment, and a 1979 law attempted to reconcile the earlier objections. Last month, the Legislature approved an amendment that said: No provision of the constitution shall be construed as prohibiting the imposition of capital punishment. This must be cleared by the incoming Legislature, and ratified by the voters in 1982 to become effective. Flanagan, saying his primary concern was the crime victim, said the only way Massachusetts can now get a death-penalty law is through a constitutional change.

Executive Director John Roberts of the Massachusetts chapter of the American Civil Liberties Union, We expected it. It was outrageous for the Legislature and governor to approve the bill a year ago. They got their just desserts." thwarted. Hopefully, Sen. Jack H.

Backman, D-Brookline, an opponent of capital punishment, said, the U.S. Supreme Court will now follow the lead of our own Supreme Court in holding that the death penalty is, on its face, a violation of the Bill of Rights. Capital punishment was approved in a 1968 nonbinding referendum 1,159,348 to 730,649, with ballots. Noting that there have been no Massachusetts executions for 33 years, the court said, We think that what our society does in actuality is a much more compelling indicator of the acceptability of the death penalty than the responses citizens may give upon questioning. The court said that of thousands in the nation convicted of.

criminal homicide only a minute fraction" Were executed. There is an inference, the court said, that, the punishment is not being regularly and fairly it cannot be said that the worst offenders were executed. There is an inference, the court said, that the punishment is not being regularly arid fairly cannot be said that the worst offenders were executed. The justices said the death penalty denies the humanity of an executed person, adding: The mental pain it imposes on the prisoner is a horror. It brutalizes the state which imposes it.

The decision came in a special ruling sought by Suffolk District Attorney Newman A. Flanagan preparatory to seeking the death penalty in pending trials affecting four defendants. BOSTON (AP) i- In a 6-1 decision that left no option to the Legislature, the state Supreme Court, citing a pattern of minority discrimination, has ruled that the 1979 capital punishment law is unconstitutional. The court ruled Tuesday the law violates the Bill of Rights in the state constitution. The death penalty is unacceptably cruel under contemporary standards of decency, the court decreed, administered with unconstitutional arbitrariness and discrimination.

The court noted that blacks convicted of murdering whites were sentenced to death more often than whites convicted of killing blacks; Experience has shown that the death penalty will fall discriminatorily upon minorities, particularly blacks, wrote Chief Justice Edward F. Hennessy in the majority decision. He added: We reject any suggestion that racial discrimination is confined to the South or to any other geographical area. Moreover, the existence of racial prejudice in some persons in the Commonwealth of Massachusetts is a fact of which we take Gov. Edward J.

King, who campaigned for the death penalty as a deterrent to crime in his successful 1978 election race, had no comment on the decision. Rep. Michael F. Flaherty, D-Boston, House chairman of the Legislatures Judiciary Committee and a leading supporter of the death penalty, said, Once again the peoples voice has been Around Vermont uel fuel aid coining? MONTPELIER (AP) Federal officials were expected today to grant conditional approval for $1 million in fuel assistance checks for low-income Vermonters, according to Social Welfare Deputy Commissioner James O'Rourke. He said the federal Health and Human Services Agency still wants several changes made in the states fuel aid program.

But he said most of the contested sections were ironed out at a meeting between Social Welfare Commissioner David Wilson and federal officials Tuesday. ORourke said he was confident the government would approve the $10.8 million federally-subsidized program, even though there are still some questions about it. If approved, about 12,000 households in Vermont could expect the payments later this week, said ORourke. The federal checks, the first installment of six payments, cant be mailed out by the state until the program is approved by the federal government. Essex man is missing ESSEX (AP) Investigators have not ruled out foul play in the disappearance of a 37-year-old local man.

Police said Tuesday that they are investigating all possibilities in the case of Wilfred King. King was last seen Friday night when he left his home around 7, according to letective Sgt. Robbie Yandow. He said investigations so far have revealed the man may have been in Colchester Village later that evening because some personal property of Kings was found in the area the next day. Police described King, also known as Butch, as 5 feet 4 inches tall and 130 pounds.

They said he walks with two crutches because of injuries he suffered in a car accident. Magaz ine ads possible MONTPELIER (AP) The Finance Committee of the Vermont State Colleges Board of Trustees was scheduled to vote today on whether to spend $10,000 for advertising in a national newsmagazine. VSC Chancellor Richard Bjork said Tuesday the ad would be placed in one issue of Time Magazine circulated in the New York-New England area. The full-page, color ad would feature pictures of Vermont and descriptions of the five state colleges. It would be aimed at parents of out-of-state, college-age students, Bjork said.

The advertisement was discussed by the VSC personnel committee Tuesday. League gets new president MONTPELIER (AP) The Vermont League of Cities and Towns has a new president. Jack Tourin, a former justice of the peace and town selectman from Duxbury, was recently elected head of the organization at an annual fair. The league is a lobbying and service organization representing most of Vermonts 246 communities. According to Tourin, the league has steered itself clear of the financial problems it suffered a few years ago and is now in sound fiscal shape.

The leagues annual audit released last Thursday shows the AP photos Glassblower Bruce Cobb of New Bedford, withdraws a mass of molten glass from the furnace and then rotates a long tube while blowing on it to shape the vase Glassblowing operation is reborn in New Bedford as insulators in lamps and capacitors. In addition to glassblowing, the Second Street plant also makes pressed glass. Molten glass the consistency of honey is poured into a mold: the mold is closed, quickly opened and another cup plate is ready. prefers not to spell out Pairpoints glass formulas. You could say we are making A lead glass here and using different metal oxides to determine the color cadmium oxide makes amber glass, cobalt makes blue, iron makes green.

Lead glass, so-called, is made by adding lead oxide to the other materials in the glass. Lead gives the glass a special sparkle and brilliance. It also gives the glass some desirable electrical properties; lead glass is used in television tubes and NOTICE TO BIDDERS The School Board of the Flood Brook Union School District will receive sealed proposals for energy conservation retrofitting measures, exterior wall window insulation, for The Flood Brook Elementary School in the town of Londonderry, Vermont on or before November 10, 1980. General contractors desiring plans specifications may obtain the same from the supervising engineer: W.ByrdLaPrade, Box 977, Manchester Center, Vermont Upon request and deposit of 15.00 per set. tyltfCiam Li.

fiCzaied. to announce, tdz auociatLon of Dr. Mark L. Roschinsky D.M.D. to tHe Bennington Uental Dr.

MARK h. ROSCpiNSKY Family Practice Dentistry 320 Dewey Street Bennington, Vermont 05201 802-442-9141 Office Hours Daily NEW BEDFORD, Mass. (AP) Roy Wilson considers himself a glassblower, not a sculptor, but you might disagree if you see him transform a glowing bubble of molten glass into a resting cat using simple tools. Wilson, manager and one of two glassblowers at Pairpoint Glass in New Bedfords Historic District, made the teal-blue cat. He also made it with one hand: with the other he held a long metal rod, the gathering rod, with which he picked a glob of molten glass the size of a tennis ball from a furnace.

Spinning the rod with the molten glass at one end, he deftly shaped the cat, pulling ears and front paws from the molten mass and then adding a tail curling over its back. Like any professional, Wilson makes his work look easy. But he spent three years as an apprentice at the Williamsburg Glass Works in Lightfoot, took glassblowing courses at the Toledo (Ohio) Art Museum in his home town, free-lanced for several studios before joining Pairpoint last January, for a total of seven years experience. And hes still studying with Robbie Mason, master glassblower who works at Pairpoints Sagamore plant, in Bourne. The Pairpoint operation here is a rebirth for a company that was bom in New Bedford in 1894 and merged with the Mt.

Washington Glass retaining the Pairpoint name, in 1896. The company survived until 1957 when imports and high labor costs forced it to close. Glass-blowing, Roy says, is a matter of control; he compares it to playing a wind-instrument. Its a matter of breath control, he said, not strength, although the long blowpipes can becomeheavy. You could use very small amounts of air, he adds: air expands when it is heated, and he draws glass heated to 2,100 degrees from the Pairpoint furnaces.

The hands are as important as the eye, adds Bruce Cobb, the other glassblower at the New Bedford plant. With a wind instrument, Bruce notes, your ear is important; blowing glass calls for very good eye-hand coordination. The glassblower not only uses his breath, he spins and moves the blowpipe to help shape the glass. With three furnaces roaring plus two annealing kilns, summertime temperatures soar. Workers take 10-minute breaks every half-hour.

But you know, to create something, Cobb explains, its very pleasurable. Using breath and hands, he created the globular base of a vase, dipped it into a mold to create a ribbed pattern and continued to enlarge it, plunging back into the furnace frequently to keep it fluid. In less than 10 minutes, a handsome green vase with a long, narrow neck was ready for annealing. Although it was finished and looked ready to use, the glass was still at a temperature around 1,200 degrees, Roy noted. It will spend a night in the heated annealing kiln where it will cool down evenly.

Uneven cooling could lead to stresses that could crack the glass, Roy said. Sand, soda and lime are the basic ingredients in glass. Roy Demolition derby Tourin also said the league should continue to reserve judgement" on Robert Stewart, the organizations executive director who was indicted last winter with embezzlement of $10,000 in leage funds. Stewarts wife, Irene, has been charged with aiding her husband in the alleged embezzlement scheme. Forest official to leave RUTLAND (AP) John McArdle, the supervisor of the federal Green Mountain National Forest, has announced he will leave his Vermont post.

McArdle, who has Wen the U.S. Forest Services top man in the state for the past four years, said Tuesday no replacement has been named. The forest service supervisor will be switching from trees to rocks as he takes a new post in the field of geology. He will be working out of the forest service's main office in Virginia. He said that Vermonters interest in wood heat has put added pressures on the states 275,000 acres of federal forests.

McArdle said to protect the states woodlands he would favor forest management programs for private forests as well as public lands. Over in New York Ski lifts are planned ALBANY (AP) New Yorks Department of Environmental Conservation reversed itself Tuesday and announced it would begin a full schedule of ski lifts at the three state-owned ski resorts: Belleayre, Gore and Whiteface Mountains. Belleayre and Gore will open for weekends Nov. 29 and Dec. 6 and will begin daily operations Dec.

13, if weather and snow conditions are favorable. Whiteface will open Dec. 13 and will remain open until March 31, Robert Flacke, commissioner of DEC, announced. Last weekend, the department said it would maintain roughly half of its usual operations at Gore in North Creek. That announcement brought an immediate outcry from the area, which has been economically depressed for decades.

On Tuesday, DEC announced that it would begin the winter season with its usual services in the hope that the state legislature would provide a supplemental appropriation to allow the department to maintain services through the ski season. Cop indicted ALBANY -An Albany policeman was indicted Tuesday for burglary and larceny in connection with the alleged robbery of a photography laboratory in Albany. David W. Murphy, 33, of Troy has been suspended pending resolution of the case. Murphys partner, former officer David Gagnon, was recently given up to four years in jail for possession of stolen credit cards.

DA: Drugs are a problem ALBANY Albany County District Attorney Sol Greenburg Tuesday differed strongly with Gov. Hugh Careys contention Monday that Albany does not have a serious drug problem. Greenburg said a record number of felony drug cases are now pending in Albany, and he called on Carey to support a $2 million career-criminal prosecution program. Down in Berkshires -Teens plead innocent CLEAN OUT YOUR ATTIC OR AND EARN VALUABLE DALLAS (AP) It took 11 seconds to demolish an 18-story hotel, two 10-story office buildings and a three-story building downtown here in one of the largest demolitions ever. Some 1,400 pounds of ex-, plosives were placed in 1,200 spots.

-Only three windows were broken in nearby buildings, and adjacent streets were open. Its Simple! FOR JUST Let us help you turn your clutter to cash Send this ad plus $1 in cash and well run your people-to-people advertisement 3 times in The Banner and one time in The Extra (one week). 20 word maximum, no commercial accounts please! CLEAN UP FOR CASH TODAY! MESSAGE :2.: .7. 6. 11.

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.17. PITTSFIELD Two Pittsfield teen-agers pleaded innocent Tuesday in Central District Court to charges that they knocked down an 80-year-old woman and took her pocketbook Tuesday. Carlos R. Swanson, 17, was charged with assualt with intent to rob, and Michael O. Williamson, 18, was charged with unarmed robbery.

Both were ordered held in the Berkshire County House of Correction in lieu of $500 cash balL Police said the Incident occurred on Melville Street at 11:37 a.m. when the two allegedly knocked down Mina M. Bunt and grabbed her purse, which contained $30 and change. She was treated and released from Berkshire Medical Center for a bruise on her face. NAME.

ADDRESS i PHONE JtETURNTO BANNER EXTRA BOX JD, 425 Main St, Vt. 05201.