The Pantagraph from Bloomington, Illinois • Page 2

A-2 Bloomlngton-Normol, III. Wta 1WI Testimony heard in Colfox tavern death Shoemaker objected to the telephone call, but did not prevent the call, Warsaw said. While Wyant was making a second call, Warsaw testified, Keinitx disconnected the phone and a second "scuffle" broke out between Wyant and Relnlti. Several patrons at the bar grabbed Wyant and forced him against the bar, said Warsaw. Relnlti reached In and hit Wyant three times, according to ItuIIi lin Mark Wyant, KlUworlh.

Wedne aduy afternoon wa hound over (or trial In the general dlvUiun of Circuit Court, lollottlng preliminary hearing. AiMM'iute Judge William DeCardy tel arraignment for 1:35 p.m. Feb. 28 In the cae. Wyant I free on 5.IMH) bond.

After that fight, Wyant said "I give up," and was released by the group, Warsaw testified. Warsaw said Wyant then left the bar, with Shoemaker following. Warsaw said Shoemaker followed Wyant from the bar to make sure he left. Warsaw said he followed Shoemaker from the bar and was standing about five feet away as Wyant got Into his truck and prepared to leave. Warsaw testified that Wyant backed said.

lie described Wyant as being In an "argumentative mood." Another patron In the bar, James Reinitt, 26, Colfax, became Involved In the discussion at that time, and a "scuffle" broke out between Relnlti and Wyant, according to Warsaw. Warsaw testified that he broke up that scuffle, but shortly afterward Wyant indicated he wanted to make a telephone call. buckle-described throughout the hearing as brass knuckles Warsaw had purchased earlier In the day. Warsaw said he was reluctant to lend Wyant the brass knuckles, but did so to avoid an argument. Warsaw testified that Wyant left the brass knuckles on the bar and he retrieved them.

A few minutes later, Wyant asked for tlieiu back, saying there was going to be a fight that night In the bar, Warsaw $19 million for Bloomlngton district GenTel sets $77-million goal for new construction projects his truck from his parking space, backed across an alley behind the bar and Into a yard. Then Wyant drove his pickup Into Shoemaker, according to Warsaw. Warsaw said he attempted to grab Shoemaker and pull him out of the way, but slipped on ice and fell. After striking Shoemaker, the truck hit a concrete blink building and a parked vehicle, Warsaw said. Wyant then "put the truck In reverse, backed up and took off," Warsaw said.

'Pushing' Under cross examination by Wyant'i attorney, Gary Thompson, Warsaw quoted Wyant as saying, "Someone could get shot here tonight." lie also said Wyant had not struck anyone prior, to the truck incident, and described the scuffles as "pushing and shoving." Bradley Murphy, an assistant McLean County state's attorney, said he plans to call two McLean County sheriff! policemen who investigated the incident. Thompson said he does not intend to call any witnesses. The hearing was before Associate Judge William D. DeCardy. If DeCardy rules that probably cause exists to try the case, Wyant could be bound over to general division of Circuit Court for trial.

Wyant is free after posting $5,000, or 10 percent of a $50,000 bond. McLean County Sheriff John King suspended Wyant from his duties after the incident and said he would seek Wyant's dismissal. A merit board hearing for Wyant was scheduled for Tuesday night, but was postponed because Wyant's attorney was sick. The hearing was rescheduled for 6:30 m. Monday at the McLean County Law and Justice Center.

The preliminary hearing Wednesday was continuing at noon. Wyant sat calmly through the hearing, taking notes and occasionally whispering to his attorney. Warsaw's testimony and cross examination took more than an hour. By Clover An eyewitness to an incident which left the owner of a Colfax tavern dead testified Wednesday that arguments over brass knuckles and the use of a telephone led to the incident The testimony rarne during a preliminary hearing for Mark A Wyant. 22.

Ellsworth, who faces two counts of murder in connection with the death of tavern owner Dale Shoemaker, 40 Steve Warsaw, 23, of Colfax testified during the associate court hearing that Shoemaker followed Wyant out of the tavern and that Wyant drove his pickup truck into Shoemaker. Warsaw testified that Wyant backed his pickup truck from its parking space and then "put his truck in forward gear and came straight at us under heavy acceleration." The incident followed a series of arguments and "scuffles" involving several people inside the tavern, Warsaw said. The incident took place at 12 40 a m. Jan. II in the parking lot of the Colfax Tavern.

Wyant is a McLean County sheriff's deputy but was not on duly when the incident took place. tance calls increased by 7.9 million over the 1976 totals." William J. Sullivan, manager of the GenTel Bloomlngton Division, said the $18.8 million the company will spend In his division will go toward several projects. Perhaps the largest is the $1 million training center being built at the southeast corner of Interstate 55-75 and Illinois 9 on Bloomington's west side. That, said C.

Sumpter Logan, a GenTel vice president, probably will be opened in 1979. Another large project, estimated at $3 million, is completion of a new elec tronic, local-switching center in Normal. Logan said that will permit speed calling, call forwarding and conference calling on private lines. Speed calling, Logan said, is a system in which a customer can have up to 30 frequently called numbers preprogrammed to be reached through a two-digit code, or eight numbers through a one-digit code. Sullivan also said a "major new project, called traffic service position systems," is in the budget for 1978.

It will eliminate the necessity for operators to place credit-card, collect, person-to-person and third-number-billing calls. Logan said the service is to begin in 1979 in Bloomlngton and eventually will take in the Lincoln, Pontiac and Streator toll centers. About $3 million will be spent on the project in Bloomlngton alone this year, he said. Other large projects, Sullivan said, are expansion of long-distance equipment in Bloomington, new switching offices in Morton ($15 million) and Washington ($2 million) and the addition of 129 miles of cable, 85 percent of which will be underground. Another project will allow push-button telephones in Colfax, Sullivan said.

Hy James Keeran Assistant city editor General Telephone Company of Illinois Wednesday announced a record $77 i million construction budget for 1978, of which nearly $19 million will be spent in its Bloomington Division. "The construction budget," said GenTel President J.L. Johnson, "equates to an average new investment of $IB0 for each of our 482,000 customers we serve in the state. "At the end of 1977," he added, "our total plant investment was more than $titi0 million, which is an average expenditure of $1,376 for each of our customers The 1978 budget, Johnson said, is part of a record $394 million budgeted through 1982. Included in the 1978 construction budget is opening new Phone Marts in Pontiac, Morton, Streator, Belvidere, Olney, Paris, Macomb and Marion.

"Since 1973," Johnson said, "we have invested over $302 million in service improvement and construction projects in Illinois." Record construction budgets, he said, indicate constantly increasing telephone use. "In 1974, total calls made through our 324 switching offices reached the one billion mark. Last year, local calls increased by 47.8 million and long dis Third Roland's planned originate in Bloomington. Riney said Roland's is "interested, of course, in building the business, in expansion" and is opening the new store in Champaign because "most opportunity (in retail) is in a covered mall." 'Brass knuckles' Warsaw's testimony Wednesday was the first public disclosure of the incidents leading up to Shoemaker's death. Warsaw testified he went into the tavern about 10:45 p.m.

Jan. 10 and first talked with Wyant. He said Wyant asked to borrow a belt Mostly extinct Ninety percent of all forms of life that have ever existed on earth are now extinct, says National Geographic. the Eastland store. Riney said it will employ about 20 persons and will be managed by Ranae Birkey, Rantoul, a Roland's employee when she lived in the Twin Cities.

Two or three employees from the Bloomington stores will be moved to Champaign, Riney said, if they want to move. In any event, administrative and buying control for the new will Roland's of Bloomington which operates retail stores in downtown Bloomington and Eastland Shopping Center, Wednesday announced plans to open a third store in Market Place shopping center. Champaign. William Riney, executive vice president of Roland's, said the new store, scheduled for opening Aug. 1, will be a women's specialty shop.

With 12.000 square feet of space, the new store will be about half the size of Educator in Logan, E.H. Lukenbill, dies Fire ordinance violation closes Bloomington bar Lee W. Short icksburg, a son of William and Leona McKinster Lukenbill. He married Marie Zimmer July 7, 1914, in Emden. She preceded him in death.

Surviving are two nephews, George Ellis, Clinton, and Roy Ellis, Beaumont, Texas, and a niece, Marcella Ritter, Springfield. Two brothers and two sisters preceded him in death. Mr. Lukenbill, a recipient of academic degrees from Lincoln College and Milli-kin University, was a member of the Illinois Education Association and served on the group's legislative panel. He was a member of Lincoln Christian Church, where he served as an elder and deacon, and was a charter member of the Railsplitter Club and Lincoln Masonic Lodge.

Mr. Lukenbill, who said he invented the non-glare automobile headlight, impersonated Abraham Lincoln and was pictured in a Lloyd Ostendorf work that showed him with Lincoln historians. LINCOLN E.H. Lukenbill, 90, College Park, superintendent of Logan County schools from 1916 to 1959 and a former Lincoln historian, died Monday morning at Doctors' Hospital, Lanham, Md. Mr.

Lukenbill, a retired employee of the U.S. and Illinois offices of education, was one of the organizers of the Logan County Historical Society and served as its president. He was instrumental in obtaining an historic site designation for the Postville Courthouse and assisted in the building's reconstruction. He also designed the Lincoln centennial plate and worked to have Lincoln and Mount Pulaski included on the Abraham Lincoln Menorial Highway. His funeral will be at 1:30 p.m.

Saturday at Lincoln Christian Church. Burial will be in Union Cemetery. Visitation will be from 5 to 8 p.m. Friday at Holland and Barry Funeral Home and an hour before the service Saturday at the church. He was born Feb.

1, 1888, in Freder urban development area. City acquisition of a number of businesses in the 700 block of West Chestnut Street stirred a controversy for several months in 1975. Fire inspectors told the commission Madlinger could increase his occupancy limit to about 50 by removing tables and chairs in the tavern. That information had not been given to Madlinger before the charge was filed, said William Vandevender, city fire marshal, because he had never asked. "We asked him if he understood his occupancy limit, and he said he did, but that he disagreed," Vandevender said.

"We told him if he had any questions about the ordinance, we would be In reading the finding and penalty, Buchanan said, "The commission feels the fire laws are important, and that the laws are being complied with by license holders of other premises to a much greater degree than they are here. "Under no condition can we ignore the law. But the mitigating factors and the opportunity for compromise are important." "Comprehensive" inspection is to take place to make sure the tavern comes into compliance with the law, he said. Madlinger has 20 days to appeal the finding and penalty, but Buchanan said, "We expect compliance to start now. We have no choice." Lee Short elected Rotary president Lee W.

Short, 201 W. Lincoln Normal, will become president of Bloomington Rotary Club July 1. Short, director of community relations at Illinois Wesleyan University, will take office following his attendance at the Rotary International Convention May 14-18 in Tokyo. Also elected last week were, Gerald N. Quick, vice president; Raymond L.

High, secretary, and Lloyd M. Bertholf, treasurer. Under questioning, Madlinger said he 'probably could take out his tables and chairs to increase the occupancy limit. "I can take them out if you people think I should. Do you think people would like 7-Up or Diet 7-UP 8 Pack 16 Oz.

Bottles to come in without tables?" A question-and-answer session be By Kathy McKinney No one challenged the city's contention that Bingo's Tavern, 707 W. Chestnut had been over its occupancy limit of 37 on the night of Friday, Jan. 6. Francis "Shug" Madlinger, owner and operator with his wife and son, said so at the Bloomington Liquor Control Commission hearing Tuesday afternoon. He told fire inspectors and the City Council earlier that he was "likely to have more than 37 in there" on any Friday or Saturday evening.

"I need them to make a living," he told the commission Tuesday. "If I can only have 37, I might as well close. If they think I'm a hazard, they better close me." The commission decided Bingo's would be closed for four days for violation of the city's fire code, and that none of the days would be a Friday or Saturday. Bingo's will be closed March 6-9 if there is no appeal to the state liquor commission. In addition, Madlinger will have to work with the fire department to bring his tavern into compliance with the ordinance, the commission decided.

Bingo's was the first tavern charged with violation of the city's fire-code occupancy requirements since periodic and unannounced checks began in December. In addition to the liquor commission hearing, a charge is pending in court. Madlinger told the commission he could not stay in business and abide by the occupancy limit placed on his tavern. He said he could expand the tavern, but the city's Urban Development Department will take possession of the property this spring, and he could not get back money spent on expansion. He will be out of the building by May 1, and plans to open in a new location, he' said.

The property at 707 W. Chestnut St. is tween Mayor Richard Buchanan, chair man of the commission, and Madlinger, went like this: Buchanan "If you could make alterations for not too much money to increase to, say 55, how many people would I find in there on a Friday or pharmacy Saturday night? Madlinger "Your guess is as good as mine. You ve been in there. Buchanan "I guess what I mean is, would you find it practical to abide by the 55?" 607 Dry Grove, Normal Phone 452-4402 12 Block West of Main St.

on Dry Grove Next door to Redbird IGA in Normal. Doily 9 A.M. -9 P.M. Sale Ends Sunday 10 A.M. -6 P.M.

Feb. 1 1, 1978 Madlinger "It would require a person Plus Oeposil Limit 2 Cartons BRACH'S CANDY at the door. Buchanan "Yes or no?" Madlinger "I could tell you yes." Buchanan "Are you?" Madlinger "I could turn them away at 55." Buchanan "Will you?" Madlinger "Might be I would." With that Buchanan went to closing statements from the opposing attorneys, and then to consideration by the corn- Reg. 2.79 BRACH'S Valentine Heart Conversation Hearts 39 10 oz. part of the department's Forty Acres mission.

NESTLES Semi-Sweet Morsels 89 -BRACH'S Chocolate Births Valentine Heart CARLOCK Mr. and Mrs. Dennis $129 4 oz. Chocolate 12 oz. Bag Limit 1 NYQUIL Cold Medicine JERGEN'S Bar Soap Lotion Mild CHILDREN I By Atwww II Mr.

and Mrs. John Boykin, G-80 Cardinal Court, Normal, a girl born Tuesday at St. Joseph's Hospital Medical Center. Two women face shoplifting charges Jeanne M. Burns, 21, of 211 Avenue Hilltop Mobile Home Court, and Jane S.

Brazzell, 18, Stanford, were charged with shoplifting Tuesday from a Bloomington store. The women were accused of taking three pairs of infant stockings, a nursing bottle, a shirt, a bathing suit and a robe, all valued at $27.46, from Bergner's, Eastland Shopping Center, police said. KODACOLOR PROCESSING OUR IVIRYDAY 10W PRKl 12 Exposure Grieder, a girl born Monday at Brokaw Hospital, Normal. EUREKA Mr. and Mrs.

Eldo House-holter, a boy born Monday at Brokaw Hospital, Normal. COLFAX Mr. and Mrs. Richard Teel, a girl born Tuesday at St. Joseph's Hospital Medical Center, Bloomington.

PONTIAC-Mr. and Mrs. William Spaniol, a girl born Tuesday at St. James Hospital, Pontiac. MELVIN Mr.

and Mrs. Mark Wat-terson, a girl born Tuesday at Gibson Community Hospital, Gibson City. MANSFIELD Mr. and Mrs. Stephen Byrd, a girl born Monday at Gibson Community Hospital, Gibson City.

BAYER ASPIRIN FOR CHILDREN $2 $1100 Bath Size 249 3 Bottle Limit 3 Limit 1 10 oz. of 36 Each woman posted $100 awaiting Feb. 17 court appearances..