The Miami Herald from Miami, Florida • 1

Hanging Fire Iloffa Coming To Driven See Mory on rage 1C 0 Partly cloudy Saturday with a high about 88 Pew widely scattered shower 4V Saturday July 11 1959 No 221 Florida's Most Complete euspaper 49lh rar 52 5 Cenfs A Latin AmrrJrao edition Is Publish'd Dallf Huh 87 lo 79 Rainfall 36 Lone Ilissenler 4ury Foreman THI How Voting Wont The Inside Inside Mack Jury Root stage and irmamed deadlocked there He added that two points vieighed heavilv with the ma-loritv of the jurors felt that according to the evidence Whiteside had done all he could to get the TV grant for Fithlic Telev isinn secondly Mack had accepted money ftom Whiteside and as a result Mack was indebted to Whiteside 'The punts wetc not rnn-eei tied how he got the mnnov They also felt it was improper for Whiteside to have approached Mack at a time when Mack was indebted to hint dication as to what the vote was on any single count against either Whiteside or Mack or whether any juror ever voted for a guilty verdict on more than one count against either The 11-to-l deadlock left the fate of Mack and Whiteside undecided afer almost 14 weeks and 6700 pages of testimony Mack native Miamian and former Federal Communications Commissioner and Miami Attorney Whiteside weie charged with conspiracy to thinw the Channel 10 TV permit to Public Service Tele vision Inc a subsidiaiy of National Airlines In retracing the jurv path Foreman Burner said DU II) KRAKOW Of Our Hiblnton Boresu The Miami Herald Fuhluhlnr Co Copvrlrht IDAS WASHINGTON The dra-matir story of the night and day wrangling between 11 jurors who oted to convict Richard Mack and Thurman White-side and the lone juror who held out was told for The Herald Friday night It was told by a nerve-w racked 40-y ear-old government employe who stuck to his not-guilty vote And by the foirman of the lury which tried day after da to get him to change his mind At one point in the 40-hnur deliberation some of the 11- They felt that Mack is wtong in not disqualifying himself in the casp (The FCC granted the Channel 10 permit to nlic Service Television by a four-to-iwo vote with Mack on the side of the majority I Burner further disclosed that the jury was of arriving at a unanimous decision and that Saka-lev's unyielding position almost swung the tide toward the other snip in order to end the di awn-out deliberations 'We wanted a determination of the issue after such a long and costly trial When Turn to Page 2A Col 6 that when the first vote was taken July 1 nr 2 six members stood for convirtion three or four were on the fence and two or three cast not guiltv otes Short I hoi rafter one of Ihe jurors (not Sakaley I hr-came ill and the deliberations tecessed the sick juior le-tumed most of the members believed the weight of atgu-mont and the evidence was for conviction" Burner recounted 'One bv one the imois who did not vote for conviction the fust time came over to the other 'ide A couple of davs ago we reached an 11 to 1 told us there was doubt" in his mind about thier guilt Burner said never gave an opinion and never evplained what he was in doubt he said Bakaley told The Heiald made up my mind when I left the courtroom the only thing I would say about Ihe ease is that I considered carefully the evidence presented both sides and voted according to my conscience I have been under pressme fm a long time and I am tued and that is all I want to say for the moment Burner did not give any in member majority even considered swinging over to a not guiltv vote so that the jurv might at least bring in a verdict in the 3-month-long trial When the mrors matched out of couit still deadlocked 11-1 they agieed not to dr-dose what had happened behind the closed doors said foreman Robed Burner 'we changed our minds because we thought the public ought to be told the full story The lone hold-out who would not budge Burner said was John A Sakaloy a mechanical engineer and man of few ords Fiom the outset Sakalcy Castro Defector Mistrial Ruled In Mack Case After 14 Weeks nn i elis enate 'Prhalp Indications' Committee Talks Still Top Secret Reds Reported Set For Berlin able to win over one unidentified holdout Three jurors refusing to permit use of their names told reporters the jury had stood 11-1 for conviction One said this division had existed since Tuosdav The fnienran an insuiance company employe confirmed that the jury stood 11-1 "for quite a while" But Burner declined to say whether the majority favoied conviction or ac-quttal He said there had been an agreement among the jurors not to talk about this i Mack and Whiteside were ac- cused of conspiring to swing a four-way contest for Miami TV Channel 10 to Public Serv-' ice Television Inc subsidiary of National Airlines WASHINGTON One juior who refused to yield to argument or persuasion Friday blocked anv verdict in the marathon trial of former Federal Communications Commis sioner Richard A Mack and Thurman A Whiteside District Judge Burnita Matthews brought the 14- week-long trial to an end by discharging the jury and declaring a mistrial still pending before the Judge are motions asking acquittal of both Mack and Whiteside wealthy Miami attorney I If these motions are denied a Justice Department spokesman said try it again 1 Any ictrial probably would not take place before next fall Before she discharged the iuiv 11 turois lepoited to the judge through Foreman Robert Burner that they had agreed on verdict but had been un LONDON Britain got a strong private indication from the Kremlin Friday that Russia is teady to respect Western rights in disputed Berlin at leas until earlv 1161 1 Competent souses said it was the Hurd assuiance passed to the West that the Soviet I mon is prepared to ftpeze the Berlin crisis if various lm- povvers on the grave problems of Europe Soviet intentions are due to be tested next week when the Big Four foieign ministers resume their talks in Geneva Then American Secretary of State Christian A Herter British Foreign Secretary Scl-wyn Lloyd and French Foreign Mirister Maurice Couvd de Another Day Another Courtroom Door and Ri( hard Wa k's ease still is unsettled 3Iaj Diaz Lanz ex air forte chief Make or llveuk Siuye BvDWIDJ KRASLOW Of Our Boreas WASHINGTON The most important defector from Fidp Castro's revolutionary regime in Cuha told his story in secret Fndav 1o Senate Communist piobers Mai Pedro D'a'z Lanz former chief of Castro's air force was 'delivered" to Chairman James Lastland (D Miss) of the Senate internal security subcommittee by the Immigra-! tion Serv ice I Diaz has hern a pawn in an amazing rloak-and-dagger tug of war ever since he and his jwife escaped from Cuba and I made it to Miami in a small boat on July 1 i Diaz quit the Cuhan air force with a blast Castro charging Communist penetration into Cuha armed forces Castro then denounced Diaz as a traitor and ordered Jus arrest Joseph Swing head of the Talks at While Heal To Avcrl Steel Strike Anti-Fidel Plotters Face Death And iSow JVhal for WPST? Judge Matthews allowed Hip case to go to the jurv July 1 without disposing of defense motions for acquittal she said Friday she wanted to rest for a few days then would rule on the motions without further argument In a note sent to Judge Matthews shortly after the 1 tury resumed deliberations Friday Burner said 11 jurors that the stand of the other member is not consistent with reason He added that the 11 not been able to rhange the stand of that person by argument or persuasion Burner asked fui'hrr instructions When the jury was brought into the courtroom the udge asked the foreman piov ements can hr agreed to Murville will pi es Russia An- diei Gtomyko to spell out precise trims the assurances pmatcly conveyed Russia teported assurances center on the plan for a Berlin compromise put up hv Giomyko to the West the day before the Geneva talks recessed June 20 In that plan Giomyko said if Fast and West GeimanV could nor agiee within 18 months on a piogram to unite their country then the Big Four should meet again to review the situation In the meantime the Berlin situation would be guaianteed to stand still i ease tensions in the city and all Germany These hithei to secret developments clearly lav behind the oft-e xpressed confidence of Prime Minister Haiold MacMillans government that an Last-West summit conference is a certainty The best guess of Knowledgeable authorities here that the fust of a senes of summit meetings will be held Geneva in late August or around mid-September Sandwiched between these summit parlevs would he a series of rolling negotiations hv foreign ministers of the Rv A R'M Thf New York Time Nervice NEW YORK Negotiators to head off a national steel strike moved into the make-or-break stage Friday 'The industry indicated for the first time its willingness to make a spccifc money offer if the liPcd Steclwoikeis of HAVANA Cuba Premier Fidel Castro government Friday decreed the death penalty for the same type of Immigration Service kept counter-rev olutionary activity Diaz art lval secret for a week that broug! it to power The'ln hp "Fme Swing ap- was issued as the re- paicnJV tipprd off Senae committee and a subpena was of aM-govo iment plot- issued for Diaz and boirbirgs in the past q-p possible consequences of suit ing lor S2 Million stcid thcv let it hr known that tney wrie standing bv to pass on anv trims worked out hy the bargaining teams The union has summoned it 171-man wage policy committee to meet at the Roosevelt Hotel Monday afternoon to ratify a scttlcmml nr to dis-patih final strike instructions gh ferieal officials were doing their best to ercotiage an agreemert wihout violatirg Piesidr't Eisenhowers dt relive against ot tngnt inlet ven-tion ides of cr P'esidrit Riih-aid Nixon irpoited that he was keeping himself informed on the situation hut had not been in dnect touch with ary of the puncipals suer Tuesday On that da he held sepaiate i mfetrnces in Pittsbuigh with David McDonald pifsident ot the union and beniannn Jaulfss piesiriret of the American Iron and eel nui ine west spmirn vvnar mr) The the i n-dietmn of military tribunals over cases involving ex mihta-vvhich said the 1061 review rv men and endian eol'ahori-should take into sumint anv 01s nf nratnr HJgerno changes that nn have oc- Batista The-p ca-es will go to didn know when Swing would this aetion is causing the Central In'illtgeree Agency and tne State Depaitment more than a little concet Swmq mud not he reached comment His sPcietarv sa'd be was confrrrnee and she Plans Libel Suits Looming in the shadows of the Mack-Whiteside trial is a two-story multi-million dollar structuie at NE 21st Sticct and Biscayne Boulevard The brick and glass hu Id-mg is the studio of PST Television Channel 10 the rause of a national fuior which started over who should own its license What effect Fndav derision would have on the station status was anybody guess George Baker president nf National Airlinrs which controls the station declined comment But it is geneially acknowledged that NALs subsidiary will retain the permit for a long time while efforts are made to dislodge it Both the Justice Depart-1 America would give the rnm-whether it was coriect that the Pamps Rreater authoritv over tury had neen unable to agree Plart efficiency on a verdict I In a feveush et ies of pubic 'It is your Burner and private meetings leaders replied on both sides rv hanged ideas Thereupon she thanked the jurors for their long service and discharged thpm from further consideration of the However insiders warned ca'p- that it was still impossible to P-osecutors rhaiged that' te" "lpUPr thp horse-trading Whiteside gave money and oth-1 "0U1(I avert a walkout of -00-er financial favors to Mack to1 'in'nfusts at midnight influence his vote in favor of1 Tuesday PuMic Serv ice The defense contended these tiansactions were unrelated to the Channel 10 case and resulted solely from the long Thcv exptescd hope thet continuation of the talks today would produce a sertlenrent fot-mula But they did not cioss off the that eiv ilian courts The military tribunals are not dissolved however They can he reactivated to trv conspirators against the government The military tribunals have sent at least 5V iibans to the firing squad as "war criminals zens nf fiveigri countries imrlved in consp Tories al'o Wii te tred under the derim uhwh supeisenrs a section rf the constitution pm i hi ine rapta! punishment Cast has charged that enemies ot the revoluton a mnspin wi'h t't'ans kmida a the Dr an Pi public wbe-e Ba s'a ex lie WINNFIFLD La (I PI) Gov Fail Long ailn and argiy said Ihday hp is 'much mo'e alive than some of the new-papors would and announced he will file libel suits for mote than two nvlltnn dollars In a telephone tntei view with the managing editor of The Baton Rouge Morning Advocate Mrs Margaiet Dixon Lone said he pans to file lbel suits 'm excess of two million against Time Inr publisher of Tme and Life The magazines in this wet issues said among other that a Bourbon Street sti pteaser visited Long while be was in New Oi leans last wer I otg said he was Man-i e-rr bv a tiDrs iml pictures he magaz pcs posshility the peace effoits would collapse without any fotmal wage otter fiom the companies ever being put on the bargaining table The industry rietenrd the issuance of orders foi a coolrg of blast furnaces open healths and coke ovens a time-rnnsum-ing process that would noimal-Iv begin this weekend As a fm ther sign of he determination to keep the rioo open foi an e'eventh-houi ai ment and a special hearing 1 fuendship of Mack and White-presided over by Judge Horace Stern recommended that Channel 10s license be revoked Taking such action however is a difficult task since in the histoiy of TV channel alloca-j lions there is no piecedent to the Channel 10 case side The defense described the transactions as loans and advances and said most of the money Mack gut from White-side has been repaid Mack's lawyer Nicholas Chase drew a sharp reprimand from Judge Matthew It seemed to the Allies that would enable Fussia to sign a separate peace part with them Last Get man satellite and so impel ll Allied rght Thee timrs since then Russia has moved to dispel that suspicion 1 On lunr 20 Girmvki) tend Llovd Russ would take no one-sieed action at least until after tne rev lew 2 On June 2S (uomvko puhhclv disavowed the lriej thit Russia was i trg to thieaten the est 3 And Fndav British Arr-bassadrm Patrick Reilly advised Llovd fiom Moscow that he had talked with Gromyko and got tlie same imptesston that risti Berlin a'lunce-ments mild be fullv main-'ained intil alter the tcview 1 16 1 after the jurors had left the court room Fm a i ions To Parade Miht RD HLRFILD Grimary 1 1 PI Tvuops fmm five TO nations will flex ther museles re the lion (uttan 1 IV Mom titan 300 tish Canid it Br un aid est (ins'll sol 'its will pai left t( 'i re 1 1 a i i a es hrf A i Itr 1 a-l Gri st hnj rer pite i i ad' a la i n- She said that in the past she had always found Chases couit mom depoitment of high or- corn top mri istrv eeMi'vs der hut that in this tnal hp canceled plans to overstepped the hounds nf pro-1 their homes a'tcr a srpiet pitch meeting hem II sdn I he able to return a reporters til Off i ia's termed the Immigration berv ire move megular It was pointed out that logi-nllv the strategy en handling Dhz should have been deter-' noted hv the and the Cl Yet Swing whose organ za lion is subject to review bv the fastland committee ariarged it that Diaz is row Fast-land Officials are afraid this move will right into hands negiting what value might have been attached i to Diaz' defei tion Iasi Did last bepterrhev sa some fur gs a rout fasti's no til erenm Dictator Ri'ael Ti ii'llo of ihe Dorrin -can Rem I he XI -s 1 i d-e-spd a mi nvp Pi 'i leg'sD it i i 1 in i mi er ve-t j'o fil st lO edge of Dnz vv '-n a reper'e sa he knew a be lnter-v -wed ev ccm'ttee ci ed'r iri f-om a dp i i o-c rear s- -f-Urtf 5 l-roe- hr- nt fin il- hi re not be sin jri-t if (astro Diaz' tppi lump befnrp thp Fast-I ind oninuttee as proof" that Di iC defection was part of a plot art-weed bv supporters of Tni'dlo in 'he I a rs'v has breq rjtpr- ievei Cl Fbl ageo'j And if the Federal Communications onrmission did revoke the present license license appeals eould he fought through the courts for months probably years Waiting and hoping for the primit to be dropped ate sev-nal aspirants for he pcimit They include tlson Inc of Cincinnati one of the ongmal biddeis for tne channel A Frank Katzentine Mi-1 ami Beach radio station owner1 and unsuccessful applicant and North Dade Video Inc Jack Dell Deports in the Sunilas Ileralt! Wind's Happening in Raiford State Prison? Ihe law defines inunlrr-recnlutionarv aitivity Plots bombings invasions assaults sabotage and the recruiting i against the government i uhan territorv Penaltus rangi from death before I firing squad to 90 years in prison Death penalties will be eypeuted in secret I AKo ii i as tin-revolut ora activity are plane Bigots e- Cuba d-en arti-gever men fes or make mil'aiv -s ivral rlanes hurved tasel i lo da bje i er ar a se r-- -t CJ'I 'x i 'Gg-zjne new 1 I nav ra-aaf dee's wrh the vv eds Where To Find It a a-d rad uk 'h Mr iast week The Herad arrarged for a rr rg -tur" 0 a -e the top Red Nikita Khiush-chev for a lsit" That a ques' on uhrh rarv people mdud rg Khrushchev rse'f have i ere asking I'1 Gal pn I aied mav Am cae a TIME 4S WHEN Raiford was known for its inhuman treatment of prisoners its poor food its overcrowding At things rKrgrc a state pi isor Tow ier Kris Co to Mesc 's Toda Cluiclvlr SO I I- ip -r ba-he I 1 1 Fevn lev i jepe fs I ru fas- CO wo p-- re trh Nixon 'mirv vou vva te s-p ihe rr'glaers fun 1 ida a a i I a tor Geojgr Pni'f d'seuss -t hpfv-pr sh-bold a -i a at Raiford now Miami prisoners 'W two-part report Sunday Herald I ei'enarf Cerre-a-f i'e-a- vv fe 1 ar Sa ltrf T-f a se H4T vv vv 1 Tb 8 ge tSf bas 5 for iv 1 -o- pop DO T- on 'jvi ei Co-f 4721 -AN 8 tn v-vOO 2 ve AJv SPEAKING of Kb-ushc-t-cv our Gov Le Roy Ccllms is Newlvwcds K- pert ID NF SHOILD the I irv ie.