The Miami Herald du lieu suivant : Miami, Florida • 10

10- THE MIAMI HLKALD Saturday July II 1953 fA 3fan of Courage9 Says WhilpsifloAs Attorney 7 Don Know Who the Christian lUDWlllhRASLOW I attorney for Thurman A of our binnnn Borrm Whiteside was speaking of the WASHINGTON "I don't on? juror who refused to vote know who the Chnstnn was guilty in the Channel 10 tele-But whoever he is he is a man i vision conspiracy case ami of great courage and staHue thereby caused a mistrial and he undoubtedly will find! his rewatd in the Ihe jurj 11-1 In Richard II Hunt of Miami I favor of convicting Whiteside Whiteside has been living in a rented home in Washington since April 3 His wife has been ith him for about seven eeks and his mother Mrs Whiteside joined them last week Fllen Whiteside said she was anxious to get word to her children The Whit eside daughter Kay 19 is teaching at a camp in North Carolina and their son John 11 is at a camp in Geoigia The jury foreman Robert Burner first said the jury agreed not to discuss the case with anyone or disclose the identity of the holdout Hunt pointed out that not even the sex of the holdout juror is knowm There were six men and six women on the jury "In any event" Hunt said "I look on it as a victory 'Weie in a land here If you can conie up to the nothing for me to do except to go home and resume my life" Mack said "The next move is up to the Mack said he had already telephoned news of the mistrial to his father Charles Mack manager of the Coral Sands Hotel in Fort Lauderdale "Dad is almost 80 and he been feeling Mark said "He just spent a week in the hospital but this will pep him up Mack said he has been trying to telephone the news to his wife and their 12-year-old daughter in Tampa The Macks have been living apart for several months because of financial considerations Mack said "Susan has been woiking as a saleslady in a children's clothing store" Mack said ai Miami attorney and 1 life-long friend former Federal Communications Commissioner Richard A Mark of conspiring to award the Channel 10 license In Miami to a National Airlines subsidiary Fublic Service Television (The holdout later was identified as John A Sakaley 40 a government engineer Hunt echoed the thoughts expressed by Whitesides wife Ellen spent two riavs and nights praving that just one man would not submit to pressure and would hang on to his Mrs Whiteside said "I know' that Whitey is innocent and my prayers have been answered feel good Why When the US government throws everything they've got against you and can't convict then I feel pretty good Both Whiteside and Mark expressed Anil Ao Decision 3Irs Wliitfbide that there waa no verdict of acquittal A federal grand jury In Washington indicted them last September The mistrial changes nothing leaving them exactly where they were when the costly trial began 14 weeks ago Friendship CARTER Mack Cost? Pcrha ps Halt-Million Personalities Spark Case Hunt irflisp jor juror going to drive over to Tampa and bring them back to Fort Lauderdale as soon as I get Whiteside said he will return to Miami "as soon as I pav the telephone and electric bills and straighten out with my landlord and Senators Estes Retainer George Smathers and Spes-sard Holland Judge Stern recommended that the FCC revoke Channel 10 TV permit as did Attorney General William Rogeis Mack meanwhile went to a Miami sanitarium a sick man He left the confines of the hospital only long enough to plead innocent to the federal chaigesonNov 7 On April 7 the marathon trial of Mack and Whiteside began with Judge Buimta Matthews on the bench The trial mostly brought out what had been disclosed earlier but it frequently reached passionate heights At one point Macks attorney Nicholas Chase called Federal prosecutor Frank Cunningham a liar On Friday the trial ended with a 11-to-l hung jury but the case and the story isn marked finish yet NEW SOLID WOOD COMPLETE SCREEN DELUXE OPERATOR BKLR WASHINGTON (UFD The cost of ihe Maek-White-side conspiracy trial money which went down the drain as the result of a hung iurv probably ran info the hundreds of thousands of dollars The trial record alone ran to 6 700 pages for whirh the icpoiting fum charged a total of $2 35 a page The record cost thus lan to almost $16 000 fees for the defense have not yet been determined and will not be an-nounred when they are because they are not public matters But they undoubtedly run into thousands of dollars One of the defendants Thurman A Whiteside told a reporter his costs have run into the thousands Some observeis sav the ultimate cost may leach $500000 Preparation of the governments case took many weeks of work by three prosecutors in the US Attorneys office to say nothing of the time of clerks and stenographers who Associated Press irephrto Richard Mack ni CC official District of Columbia go up against prosecutors from the Justice Department and come out with a hung jury then I well satisfied "And don't forget half of the jurors work for the government I tvped papers and did other non-professional jobs The Federal Bureau of Investigation also did work on the case Besides attorney's eosts Whiteside boie the expense of living Washington during the 1 14 weeks the trial was in prog-I ress He rented a house while he was hoie A figure of $100000 was deemed low for the entire cost of the trial and all its ramifications to Whiteside alone Mack who took a paupers oath was tried at government expense All the costs of film? papers the transcript of the court records and other incidentals were borne by the government BScoNDmg lqw nticssjB 5 YEAR WARRANTY SCREENS REPAIREO WHILE YOU WAIT NE 5-0644 A9UI SE HASLA ESPANOL 4 Privilege KVTZEXTINE Mack himself told investigates that through Whiteside he became the owner of one company Andar Inc a stock holding company and that he had accepted straight business loans from Whiteside Both Whiteside and Mack denied there was any connection between their relationship and Mack's FCC position But the pressure began to build up in Washington finally reaching the White House At this point Sherman Adams then chief assistant to President Eisenhower turned the screws and on March 3 1958 Mack resigned Then on Sept 25 1958 a federal grand jury in Washington indicted Mack and Whiteside on charges of conspiring to steer the TV award to Baker The indictment charged that Mack sold his vote for of monev and other things of given him by White-side It was noted that Mack's income exceeded his S20 000 annual salary by about $41 -000 in the years he was an FCC member Later during a special bearing into the Channel 19 award Judge Horace Stern appointed to probe the channel award declaied were persistent attempts one successful lm-properlv to influence Commissioner Mack in favor of one or another of the applicants (for Channel 10) He also claimed that overtures were made to Mark on behalf of Katzentine's station WR4T by Pprrine Palmer former Miami mavor Ben Fuqua vice president of Florida Tower and Light Co after FIRE I I I 1 BONDS AUTO IdCckaI SlSSLSS LIFE Happy Thurman YHiiteside Strides from Court jury deadlock houeier could mean new trial JALOUSIE DOORS 1 Q9S A 2'b" WITH: CHOICE OF GLASS CAULKED Mach Ado Xo Bad: Greatly By PETER LAIN Herald Staff Writer FORT LAUDERDALE Richard Mack father just out of the hospital got the nes about his son Friday A reporter stopped by at the Las Olas Boulevard 1 Hotel he manages greatly enthused at the sa'd Charles Mack been used as a too in this unfortunate Cat ter venerable member of the Florida Public Utilities Commission inserted light comedy into the hearings by labeling himself a and through the utterances of his political philosophy He said that he had pulled wires to get Mack appointed to the FCC During the headlined hearings Whiteside testified that he niad Mack a part owner of Miami's Stembler-Sheldon insurance agency which handled insurance for Channel 10 and that since 1950 Mack has received some $13000 from outside business interests which he (Whiteside) had given Mack Whiteside further told the committee that he had been asked to represent Public Schwartz the spark Service but had declined He added however he had spoken to his old friend on behalf of the airline bid It also was bt ought out that the FCC awarded the ehannel to George Baker National president by a 4-1o-2 vote despite the recommendation of a hearing officer who proposed that the grant be given to A Frank Ixatzen-tme attorney and Miami Beach rad'O sta'i owner one of several applicants for the permit Mack voted fa-v or of NAL NEW JALOUSIES By DOM BOVAFFDE Hfrld 8Uff Writer The Channel 10 conspiracy case ore of the years major news stones frequently changed its stage setting between Miami and Washington While most of the action took place in the marble-domed capitol buildings under the harsh glare of television klieg lights the background was being woven in Miami home town of the principal participants The sound and fury accompanying the celebrated cae went beyond the two cities into the rarified peaks of federal government The emotions and strained tensions which frequently swelled above the surface threatened to wreck many political friendships and launched a movement to revise the policies of federal public agencies The theme of the case was one indigenous to modern government: was influence used on a federal official through friendship and other subtle indirect means? Towering figures in the case were Richard A Mack of Miami a political comer who was appointed to the Federal Communications Commission in Julv 1955 and Miami Attorney Thurman A Whiteside a boyhood friend of Mack who was highly successful in his profession and who knew important right people The two burst into national prominence on Feb 13 1958 during a House committee investigation of the Iirense award of TV Channel 10 to Public Service Television Inc a subsidiary of National Airlines On that day Bernard Schwartz a New York University law professor who had been committee counsel until his dismissal a couple of davs earlier ignited the furor when he maintained that Mack had taken money from Whiteside to vote in favor of the NAL subsidiary From that moment on a parade of well-known Miamians was heard by the committee The hearings swept the spectrum of emotions from th cracker wit of Jerry Carter to the castigation meted Mack by Committee Chairman Rep Oren Harris who told the Miamian "I feel snrry for you Inu are to be pitied in mv opinion because I think you have CaH far FHII estimot A twgwtir will com fa your fcofr No obligation SEE Model rooms PHA TERMS BRAND Complete With Screen Delue Operator Choice of Gloss OTHER SIZES MADE TO FREE ESTIMATES SCOTT ON ENCLOSING DIRECT A TERMS ORDER WHILE YOU WAIT PORCHES ALL TYPE WINDOW FACTORY SALES NO MONEY DOWN UP TO REPLACEMENTS INSTALLATIONS 5 YRS TO PAY WHITAKER CO Fre Delivery In City Areas For 2 Ymn 3100 NW 27th AVE PLENTY OF FREE PARKING Sprtfq Florida a dime all this time but he's been offered two ood Mack said but added he doesn't know what they are The elder Mack who has worked here 17 years was in the hospital a week kind of a bug he said feel as weak as a rat I used to feel like the youngest old man around but I don't right now 1 The senior Mack is over 65 but on say just how much "I got 20 phone calls from here to Kalamazoo 15 minutes after the news came through he said It was a happv day for Maik but if he'd been a betting man it could have cost him money At noon he knew onlv that the jury was hung not which wav it had split '111 bet 10-1 it was for he said Later he was disappointed to hear that the judge had dis- closed the jury majority was for conviction FE0DERS "WORLD'S LARGEST SELLING" WEATHER CONDITIONERS There never was a case against his son or AMorney Thurman Whiteside Mack declared known Dick for about 1 40 he twinkled i "They've messed him up for 18 months over nothing i figure out i the great friendsh just like Damon and Pvthi-as" he continued "Dick al-w ay helped Whitey out and Whitey would do the same for Dick Mack hadn't MACK SR heard from i son Friday but said that his I son was confident from the start I called me several times 1 during the he added still under a doctors care He's sure to come down here because his expenses in Washington are so high had no chance to earn HERE IT BEST DEAL IN TOWN New Lif fnoust srie 1 HP 7 Amp 115 Volt s21995 ZINC COATED CARNET AUTOMATIC THERMOSTAT 2 SPEED FAN PUSH BUTTON CONTROLS I I i A roomful of furniture 8 Pieces 3 Pf SIICTIOYAL t1 fx Plus TABLES n-E cm and 2 LAMPS UL VUJ qV Made to sell for $269 BUY TODAY NOT NEXT WEEK and save $100 Best of all only $1907 delivers the group and $1071 a month pays it The 3 PC SECTIONAL is cushioned tip-to-toe in plump foam rubber covered to your order in elegant covers Cushions zippered and reversible OUR 6 NEW EXCITING FLORIDA ROOMS ON DISPLAY open 7 days a week Nieludinq Monday and Friday nighh No money down No payments for 3 months SLEEP COOL TONIGHT! 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