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> Home Pipef * 1 V Communlliw i Partly Cloudy Tonight LowUppefW** Showers Wednesday High 90 4 Itotfer flempaper VOLUME LXXXII 7 GALESBURG, ILLINOIS 61401 TUESDAY, AUG. 7, 1973 PRICE TEN CENTS Bombing Victim A small boy was one of hundreds of victims in the accidental strafing by U. S. bombers Tuesday of a populated area near Neak Luong, about 60 kilometers southeast of Phnom Penh alone Hiehwav 1. UNIFAX WASHINGTON (U P I) President Nixon's lawyers contended in federal court today that the presidency would suffer ' 'severe and irreparable" damage if foe yielded to subpoenas demanding access to tape recordings of his conversations on Watergate. 4 "Hie character of that office will be fundamentally altered and the total structure of government—dependent as it is upon a separation of powers- will be impaired (by release of the tapes)/' his lawyers said in legal papers filed with U.S. District Judge John J. Sirica. A 33-page brief filed by the President's lawyers contended that courts do not have the power to compel the President to release confidential docu- mienlts. The brief was submitted by J. Fred Buzhardt, Nixon's chief Watergate lawyer. Historic Straggle The constitutional struggle is expected to lead to the Supreme Court within a matter of weeks for a fimal historic determination on the issue of separation of powers. The White House contended that holding the President subject to court orders would "effectively destroy the status of the Executive Branch as an equal and coordinate element of government." "There is no precedent that can be said to justify or permit such a result," it said. "On the contrary it is clear that while counts and their grand juries have the power to seek evidience of all persons, including the President, the President has the power and thus the privilege to withhold information if he concludes that disclosure would be contrary to the public interest." because the recordings were Nixon's attorneys turned aside Cox's contention that considered evidence in criminal proceedings, the President could not withhofld th&m, "Executive privilege does not vanish because the (Watergate) grand jury is looking into charges of criminal conduct," the brief said. "If fthc special prosecutor should be successful in the attempt to compel disclpsure of recordings of presidential conversations, the damage to the institution of the presidency will be severe and irreparable." Watergate investigators, both on Capitol Hill land in Cox's office, contend the tapes are vital to resolving amy questions about Nixon's knowledge of Watergate. Thi3 Senate committee held a closed meeting prior to today's 371th day of public hearings and once again postponed filing a suit simitar to Oox's to try to force release of the taoes. Chairman Sam J. Ervin, D- N.C M said the members decided at the meeting "to postpone filing suit until counsel to the committee have an opportunity to ascertain and study the reactfcm of White House attorneys to the motion of the special prosecutor." Sen. Daniel K. Inouye, D- Hawaii, in a broadcast inter- stressed in view (this morning, that the tapes probably could clear up questions about Nixon's knowledge of Watergate. He cited a meeting Nixon had last Seipt. 15 with John W. Dean, at which Dean suggested the President indicated knowledge of the cover-up, land an earlier telephone conversation, cn July 6, 1972. alt which L. Patrick Gray, (then acting FBI director, said he warned the President that some of his aides were trying to "mortally wound" him on Watergate. * F - I ft* V- Make Where To Find It SECTIONS !4 PAGES \ PHNOM PENH (UPI) - U.S. Air Force plane? in their .1*" rnment positions on an; island northwest of Banan on the Mekong River days today bombing error in twe hit Cambodian I and only four miles governments _ r _^ r only four miles from Luong, destroyed in an accidental bombing Monday, military sources said. h Military sources said today at least 400 persons were killed or wounded in Monday's bombing at Neak Luong, a strategic Mekong River navy town 32 miles southeast of Phnom Penh. That bombing was the worst such accident in the history of American involvement in Indochina. Government Positions Military sources said that early today American war- They said initial reports showed four persons killed* and another 12 injured. The kinds of planes involved today were not immediately known, but the sources said an immediate investigation was launched. Meanwhile, Cambodian and American officials tried to pin down exact casualties in the Neak Luong tragedy, in which either a B52 bomber or an Fill jet fighter-bomber was dropped its deadly payload over the sleeping river town before dawn. ^ A U.S. Embassy spokesman today said estimates of about 100 killed and 300 wounded were fairly accurate. But he count higher j 1 L h - y Cambodian officials were trying to determine the circumstances that led to the American bombing error Neak Luong, a strategic navy town 32 miles southeast of Phnom Penh. Much of the town was blasted into rubble. Worst Disaster Officials said it was the worst such disaster of the Indochina war and it came with only 10 days to go before U.S. bombing raids over Cam halted. Abingdon 19 Amusement _ 6 ishnell 5 Classified Ads -20-21-22-23 ConM<*lUdlo 16 Editorial 4 Galva — 5 Hospital Notes _. • 11 Knoxville 19 Markets 18 Monmouth 17 Obituary 11 Sports 14-15 Weather - 2 Women in the News ..8-9 WASHINGTON (UP mer Attorney General Richard G. Kleindienst testified today that he wept in April when he learned haw ma^y. cl<*efriends and high officials In the Nixon administration were involved in the Watergate affair. Kleindienst For- 1973 just many But, Senate teffid the were implicaiteW in Watergate. The information came to him from Earl Silbert, principal assistant U .S. attorney who oversaw the grand jury investigation, and assistant attorney general Henrv E. Petersen. £ Ma are Nixon enses Watergate Committee,leather man at (the Justice the reason none have been Department heading the crimi- indicted is that in America, nal division. hiave to have evidence to At that mee ting, Kleindienst someone, You dont putL aid he i ea med far the first people in the rack; you dont time that the investigation had crush their fingernails to implicated his predecessor and extract confessions. close friendf former Attorney Smoking heavily but appear- General John N. Mitchell, as ing relaxed, Kleindienst testi- well as H. R. Haldeman and learned in a four- John D . Ehriichman, President hour meeting (that ranged from|Nixon's top advisers; J Dean HI, counsel to the 'resident; Frederick C. LaRue, in official of the Committee to Reelect the President (CRP); Robert C. Mardian, another Justice Department official, a nti Jeb Stuart Magruder, deputy CRP director. "Onte of the things I did that night was (that I wept," Kleindienst said. He said two of those named were dose friends reference, apparently, to Mitchell and Mardian, the latter, like himself, a Phoenix,) "He was just very upset about it; very concerned about it, very troubled by it," Kleindienst said of Nixon. Jlc stressed to the committee that none of the information he had gotten from the prosecutors in any way indicated that Nixon himself was involved in the Ariz, lawyer. Sought Appointment After the April 14 meeting, Kleinldienst said he immediately sought an appointment with Nixon and did meet with him Sunday afternoon at the President's hMeJaway office in the Executive Office Building to tell him everything he had learned in the all-night meeting with the prosecutors. He said he got the "im^res sion" it was the first time Wxon had heard the tale —or that he had just recently learned it from someone else, nerhans Ehrlilchman. scandal. "Nothing wias said to me that night that implicated the President of the United States," he said, rapping on the witness table to emphasize every word. Earlier, Kleindienst testified that last summer he was compelled to wiam Ehriichman that he could be charged with obstructing justice for interfering with the grand jury investigation of the break-in. Kleindienst said he threatened 0 go to Nixon if Ehriichman persisted in trying to give orders to Petersen, who is the ext scheduled witness. WASHINGTON In a move to dispel the impression that President Nixon has personally profited by government expenditures on his homes, officials have issued the fullest accounting yet of such normally secret outlays. • They said almost $10 million had been spent over the . last four and a half years—mostly at Nixon's homes in San of hidden security devices and to renair the landscaping damage and Clemente, Calif., -all Key in and Biscayne, Fla.—all for protection and legitimate support of the President, An expenditure of $635,000 on the grounds of Nixon's six-acre California estate, which aroused a public outcry when disclosed earlier, was justified as necessary for the installation repair provide clear fields of vision and protective screening. Heating System The installation of a heating system in the California home was authorized because the Secret Service found the gas heaters in the 43-year-old villa unsafe, the report said. At the same time, Presidential spokesman Gerald L. Warren said Nixon had ordered an independent auditing firm to prepare a public accounting of the financial transactions by which he acquired his California and Florida homes. This information, long sought by correspondents after publi cation of reports that Senate investigators were looking into alleged improprieties, will be available near the end of the month, he said. "The President's position, firmly and consistently, is that the full story should be made avaiable to the public and the Congress," Warren said. He expressed confidence that these disclosures would clear up false impressions that the President had been personally enriched at taxpayers expense. $9,9 Million According to information supplied by the White House and the General Services Administration, the government's housekeeping agency, a total of $9.9 million was spent at presidential retreats at San Clemente, and Key Biscayne, on Grand Cay Island in the Bahamas, which is owned by Nixon confidant Robert Abplanalp and frequently used by the President, and at the five residences used by the President's two daughters over the last four years. According to the official figures, less than 10 per cent of the total was actually spent on property owned by the Nixons. Almost 60 per cent went for the establishment and operation of the Western White House, the complex of office buildings and communication facilities established at a Coast Guard base adjacent to Nixon's California estate. President Under Investigation WASHINGTON (UPI) Vice President Spiro T. Agnew is under investigation in a case involving allegations of bribery, extortion and to* fraud in his home state of Maryland. he He acknowledged he was under investigation for *'possible violaftkyis of the criminal s t atutes'' but said he was innocent. Agnew was fonrtally notified last week by the Justice Department that he was being investigated by the U.S. Attorney's office in Baltimore, the Wall Street Journal, the Washington Post and The New York Times reported in their editions tocfiay. The Journal said the allegations against Agnew included bribery, extortion and tax fraud. r The vice president, who had been relatively untouched by the Watergate scandal rocking the Nixon administration, proclaimed his innocence. "I have been informed that I for under investigation violations of the possible criminal statutes," Agnew said in a statement issued by his office Monday night. No Comment "I will make no further comment until the investigation er than has to' een completed, 0 that I am innocent of that I have say wrongdoing, confidence in the any complete criminal justice system of the United States and that I amotion (GSA) equally confident my innocence will be affirmed." The New York law firm of Paul, Weiss, Rifkind, Wharton and Garrison said today Agnew had retained the firm to represent him. It said Martin London and Jay H. Topkis would be the principal attorneys in the case. The Wall Street Journal reported the allegations against Agnew stem from the award of state contracts while Agnew was governor of Maryland during 1967 and 1968, and of federal contracts in Maryland since he became, vice president in 1969. The newspaper said the fedleral contracts were let by the General Services Adminis- construct buildings (Annapolis and banker J. Walter Agnew, the Journal said, had sought a White House audience after receiving the Justice Department notice, presumably to inform President Nixon. The Post said the information was developed by an investigation 1 'centered on alleged kickbacks to Baltimore County political figures from contractors mostly located in the Baltimore area." The Jones ment Baltimore banker I. H. invest"Bud" Hammerman. Letter Cleared the said Washington two other Maryland the federal newspaper prominent Republicans were under investigation with Agnew. It identified them as longstanding friends of Agnew who had helped him with fund- far his The letter to Agnew, Journal said, was cleared at the top of the Justice Department by Attorney General Elliot L. Richardson, who notified special Watergate prosecutor Archibald Cox, although the subject maitter of elated scandal Agnetv Investigated The U.S. Attorney's office, The ^ g Attorney ' s 0 ffi ce in Baltimore has paper said the probe "isn't related to the which Beall is the headed by George brother of raising campaigns Maryland's Republican Sen. J. Glenn Beall, started its investigation last January, the Journal said. formally notified Vice President Spiro Agnew that he is under investigation for bribery, extortion and tax fraud, the Wall Street Journal reported Monday. The news- Watergate scandal." Agnew is shown in a recent photograph taken during a speech to the National Assn. of Attorneys General in St. Louis. UNIFAX 4 v.