Birmingham Post-Herald from Birmingham, Alabama • 1

Syccessfm Can clothes help sVi employee career? vd iV 'v NCAA investigating Auburn once again Story page D1 Coupleregfetsaskim federal court he fa ift -v- Wednesday July Birmingham Post-Herald Court drops charges on 3 in Drummond Coal case 9 1980 worth of loans Gilmore used to expand his coal-hauling operations for them Biddle was paid $64000 for negotiating two coal leases for the Drummonds Ben Daniel and David Johnson Biddle's attorneys said McFadden 's order proved what they bad argued since the beginning of the case "We have maintained from the very beginning that there is no basis in fact for the charges against Jack Biddle We are grateful to be out of the case The damage to Jack Biddle is incalcuble but we are greatful" Johnson said Daniel said he believes McFadden made the ruling of a sense of fairness an abundant sense of (the trial) had gone far enough What was the sense of Jack and Dennis Tutt is rolled out of Uoyd Noland Hospital by attendant Exchange of gunfire wounds officer man By Jim Nesbitt Pout-Herald Reporter UR District Judge Frank McFad-den yesterday threw out the central charge in the Drummond Coal Co racketeering and political corruption case After a closed-court session the judge ruled that the government failed to prove the heart of its case a massive conspiracy and racketeering charge against the corporation and seven state businessmen and political figures on trial in his court McFadden' late afternoon decision means that former state Sen Eddie Hubert Gilmore of McCalla state Rep Jack Biddle of Garden-dale and the Drummond Coal Co are no longer defendants in the 10-week-old federal court case The judge's order also dismisses the conspiracy count against the remaining defendants former state Sen Joe Fine of Russellville forma' Alabama Power executive Walter Johnsey coal millionaire Garry Neal Drummond and his brother Larry and Clyde Clifton Black Drummond treasurer But there are other charges remaining against these men The judge made his decision around 3:30 pm with the press and public still out of the courtroom at the request of defense attorneys In a press conference held shortly after the decision McFadden gave two reasons for throwing out the government charge: There was insufficient evidence to go to a jury on the government's charge that there was an enterprise an entity used to conduct racketeering activity There was insufficient evidence to go to the jury on the conspiracy charge got to be both evidence that indicates a conspiracy to conduct an enterprise through a racketeering activity" McFadden said U5 Attorney JR Brooks said the case will continue on the remaining charges against Fine Johnsey the Drummonds and Black "I am disappointed but I accept the ruling We are still going forward to prove the remainder of the Brooks said McFaddeoY order strikes a crushing blow to the prosecution's bid to prove the Drummond Coal Co had a on the Legislature from The charge dismissed by McFadden was the centerpiece of the government's case a charge that said the Drummond Coal Co advanced its position by bribing state politicians setting up fraudulent business deals and providing state officials with gifts free airplane rides football game tickets and other gratuities The charges against Biddle and Gilmore centered on business dealings with Drummond Coal The Drummonds guaranteed $126 million Final Edition 15 Cents Eddie Hubert Gilmore Daniel said the government failed to prove two things: a conspiracy and whether the defendant formed informally or formally a racketeering association the enterprise See COAL TRIAL page A2 By Jar! Burns to follow retiring incumbent Evan Veal to the mayor's office A hot contest between Burns and Landy Aldridge which included rumors of improper conduct and dirty politics left Burns the victor 1408 to 542 Two other candidates trailed behind Clyde Sellers 288 and Homer Clements 30 In Mountain Brook TA Gaskin beat Mark Elovitz in the mayoral race 2211 to 1004 Gaskin will succeed Mayor Lee McGriff who did not run The mayoral contest in Hoover will face a runoff between Frank Skinner and Terrell Walker Skinner led with 1103 votes Walker had 994 and Thomas Reed Jr received 644 still sizzles stroke complications He said three other people have been hospitalized in the past week for illnesses associated with the hot weather Temperatures yesterday reached 102 at Arab 100 at Muscle Shoals and 96 at Anniston and Birmingham There have been no heat-related fatalities reported in the Birmingham area A National Weather Service spokesman said there was very little rain in Alabama yesterday "We didn't get much Forecasters predicted more hot weather around the 100-degree mark from the mid-Mississippi Valley across the southern Plains to the Southwest In Mississippi a long dry spell was abated somewhat Monday night when thunderstorms drenched parts of the state In Jackson Miss a twin-engine plane crashed during the storm two miles from the Jackson Municipal Airport killing a passenger and seriously injuring the pilot Officials count ballots in Hoover one of 29 Jefferson County towns that held elections yesterday Fairfield has upset Voters speak in area cities Tutt 33 shot Perry in the right side of the chest under the arm Perry apparently shot Tutt during a strug- Tutt a veteran who was wounded in the head in the Vietnam War was transferred from Lloyd Noland Hospital to Veterans Hospital where he was listed in stable condition Doctors said he was shot once in the abdomen Brighton police said they answered a call about 3 that Tutt bad fired into a pickup truck driven by two insurance agents Neighbors said they saw one of the agents go to the door of TutTs parents' home and that they later heard two shots fired Tatt was visiting his parents Frank and Ethel Johnson at 4295 Huntsville Ave knocked on the door he met me at the door with a tray of food covered with tin foil in his band And I asked him if he had shot into the pickup truck and be said yes he said Police Chief Paul Sims who answered the call with Perry then he went down with his hand and he shot by me the officer said out chief he's got a Sims said Mrs Johnson said police officers knocked at her door and that she heard them ask her son if he had shot at a car pulled a gun out of his pocket See SHOTS page A2 A Brighton police officer and a West Ena man with a history of mental treatment were wounded when they exchanged gunshots in front of the house in Brighton yesterday afternoon Officer Lawrance Perry 47 1202 Kelly St Brighton was reported in fair but stable condition at University Hospital Witnesses said Dennis President in Japan From Pnm Report! TOKYO President Carter arrived today to attend memorial services for the late Prime Minister Masayoshi Ohira who he said be sorely The solemn rites for the 70-year-old Japanese leader who died of a heart attack June 12 are expected to be overshadowed by Carter's meeting with China's Premier Hua Goof eng Calling Ohira good friend and a wise counselor Carter said he was honored and saddened to return to Japan oo this solemn occasion Minister Ohira's leadership will be sorely missed but because of his many contributions the relation- See CARTER page A2 Jock Biddle Eddie sitting there for another four or five weeks when not another word was to be heard about Daniel said took a wise and just mind to take that motion prematurely" Elections wore hold yesterday in 29 Jefferson County municipalities and in towns across the state Stories and photos on pages B4 and FI candidates including incumbent Council President Frank Owen Only three incumbent members of the council were re-elected In Homewood one of the largest of Birmingham's suburbs (population 25000) Mayor Robert Waldrop won election to a third term He handily beat two challengers with 3341 votes Charles Roscbrough received 1211 and Ralph Lurie garnered 483 Tarrant City voters chose Bob Southwest eased off by a couple degrees Northern and central Texas felt some relief Monday Dallas after 14 consecutive days of record temperatures recorded 103 degrees failing to break the date's record high of 105 And for the first time in two weeks the Dallas medical examiner reported no heat-related deaths As broiling temperaures continued to bake the rawer Mississippi Valley officials in Memphis Tcnn blamed the heat for the death of a 68-year-old-woman The woman who lived alone was found dead in her downtown apartment by neighbors who had had not seen her for two days In another part of the city residents found another elderly woman dead lying on the front steps of her home officials said Memphis reported high of 101 for the second consecutive day and forecasters said it would be a week before the weather broke In Mobile a spokesman for Providence Hospital said yestyerday that Eva Parker 84 died Sunday of heat Inside Midwest heat breaks The voters had their say in 32 municipal elections in Jefferson and northern Shelby counties yesterday choosing among 488 candidates for mayors and councils Perhaps the greatest upset occurred in Fairfield an industrial suburb of 13000 residents west of Birmingham The town has a nearly equal black-white racial balance yet only two members of the 13-seat City Council are black Racial voting and conflict often arises in Council chambers Yesterday however blacks made significant gains in council elections Six blacks were elected outright and three will face runoff elections Fairfield Mayor Johnny Nicfto! won re-election over three other Heavy rains doused Michigan Ohio and western Pennsylvania Up to 3 inches of rain fell in parts of northwestern Pennsylvania and flash flood watches were posted A severe thunderstorm struck Es canaba Mich Monday overturning mobile homes injuring at least eight Ble and knocking out power to reds of homes ami businesses Crops and rangelands withered across parts of Montana the Dakotas and Minnesota Parts of eastern Montana faced were in the third straight year of dry weather and some ranchers sold their cattle or made lease arrangements to send their stock to greener pastures Officials in northwester! Minnesota said grain crops in northwestern Minnesota were beyond help that yields would be sharply below normal with or without rain Rain now would only help maintain the crop officials said The Southwest heat wave blamed for more than 200 deaths nnhw Report! Cool Canadian air brought a quick end yesterday to the Midwest's hottest weather in decades but a killer heat wave persisted in the Southwest sizzling for two weeks in record heat blamed for more than 200 deaths Heafy rains doused the Northeast while a drought cut further into crop production and ate away rangeland grass in the northern Plains Hundred-degree temperatures that spread across the Midwest Monday dropped sharply yesterday morning Chicago reported a 102-degree reading Monday a record for the date and the highest temperature in 24 years But shortly after sunrise yesterday the mercury dropped into the 80s Temperatures also cooled across Wisconsin where the mercury climbed as high as 104 at La Crosse Monday The Canadian air brought temperatures to the 80s across Wisconsin ives up Cathlyn Platt WMkenwi an ex-Quaker prep school girl who became a leader of the radical student Weathermen in the 1960s surrendered in Now York City on charges stamming from a 1970 explosion that lulled three people in bomb factory hidden In a posh Greenwich Village townhouso She had eluded the FBI for 10 years Story page A2.