The Decatur Daily Review from Decatur, Illinois • Page 26

PAGE TWENTY-FOUR THE DECATUR REVIEW Decatur, Illinois, Monday, October 19, 1970 1 'Flag in Chains' Artist Court Agrees To Hear Case Trial Delayed Defendant Asks New Attorney motions today but he had refus a free society. Stuff pnot? by Bob Strongman Macon County teachers are lectured at institute, 1. By Glen Cooper Tine trial of a Decatur man, charged with murder, was delayed today when the defen dant spoke out in court in his own defense. delay came in the trial of Jonnie Allvn Welter. 21.

who is charged with the 1968 murder of Howard Goodin, a 27-year-old Decatur barber. The action came shortly after the trial was called by Judge William C. Calvin after possible jurors had assembled in the courtroom. The delaying action came after Basil G. Greanias, state's attorney, had indicated the people were ready to start.

Judge Calvin asked if John C. Weinman, Weller's attorney, was ready to start the defense. At this point Weller spoke up and said he had three motions he wanted to offer the judge before the trial continued. Weller asked: That the judge order a competency hearing be ordered for the defendant. That a continuance be granted in the trial.

That Weinman be dropped as defense attorney and new counsel be appointed. Weller also said he bad requested his attorney to offer the Theatre 7 Cast Named The cast for "Arsenic and Old Lace" has been announced by Theatre 7. The two sisters, whose antics provide much of the play's comedy, will be played by Ruth Saddler and Dorothy Car gill. A Frankenstein-like character will be played by Robert Rueter, and his assistant will be played by. Frank Ford.

Other cast members and the roles they will play are: David Miller, Mortimer; Jack Sangster, Rev. Harper; Sharon Rueter, Elaine; George Klepac, Officer Klein; Fred Whobrey, Officer O'Hara; Francis Hunt, Mr. Gibbs; Paul Rosenberger, Lt. Rooney; Jack Woodward, Whiterspcon; and Gene Strum, Lt. Brophy.

Fred Whobrey is producer and Jack Eddleman is director. Associate director Paul Swearingen. "Arsenic and Old Lace" will be presented Nov. 6, 7 and 8 in Eisenhower High School auditorium. Advance tickets are $2.50 for adults and $1.50 for students.

Tickets can be purchased at Hourans on the Corner Florist, Community Discount World, Ben Franklin store in South Shores shopping center, Sandy's drive-in restaurants and Roth Johnson Drug Co. Seasons tickets at $10 may be obtained by writing Box 972, Decatur. Washington (AP) The Supreme Court agreed today to consider a case involving works by Marc Morrel, the artist whose work, "Flag in Chains," raised a controversy in Decatur. The court will consider the constitutionality of state laws that make it a crime to defile or cast contempt upon the American flag. The court granted a hearing to a New York art dealer who was convicted in 1967 of violating that state's law against flag desecration.

He contended the law conflicts with the First Amendment's free speech guarantee. Dissent from the Vietnam war has prompted several tests of flag laws across the country. Courts have been divided, some upholding the laws and other finding them unconstitutional. In the case to be heard by the Supreme Court, Stephen Radich, owner of a Madison Avenue art gallery, was prosecuted for exhibiting seven constructions by Marc Morrell, an artist and war protester who used the flag in his sculpture. The one found most objectionable by state courts displayed the flag as a male sex organ.

MorrePs "Flag in Chains" appeared as part of a Patriotic Images in American Art exhibit in the Decatur Art Center in March, 1969. "Flag in Chains" was two flags sewn together and stuffed with foam rubber. A chain was wrapped in the center of the flags. A charge of improper exhibi tion and display of the flag was filed against Marvin Klaven, director of the art center, and Edward Lindsay, president of the center's board of directors. The two were convicted in September and fines were imposed in April.

The conviction and fines have been appealed to the Illinois Supreme Court, and the appeal is pending. Radich contended the law suppressed free speech and that artistic expression may not be punished even if found to be contemptuous of the flag. He said the exhibit did not cause a disturbance and that respect for the flag cannot be compelled in Technologist To Speak At Meeting Nancy Spink, medical tech nologist at St. Mary's Hospital, will be a guest speaker Tuesday at the annual meeting of the Peoria Regional Red Cross Blood Center. She will describe the step-by-step handling of a pint of blood from the time it is donated at a bloodmobile visit to the time of transfusion to a patient.

Miss Spink wul appear at the morning session of the day-long program. G. Robert Gadberry of Wichita, a member of the national Red Cross Board of Governors, will be the keynote speaker at the noon luncheon at Timberlake Country Club, Peoria. Mrs. R.

H. Mueller, chairman of the Macon County blood program, will represent the local Red Cross chapter, which is one of 38 members of the regional blood center. Other delegates from Decatur include Mrs. H. C.

Shults, Mr. and Mrs. Shelley Heiland, and Mrs. L. W.

Sperry. Staff pnoto by Bob Strongman Harold Pluimer (left) and Mitchell Ware. iVJ ed. Judge Calvin asked Weller to speak out so that his motions could be understood. Weller repeated his requests and Milo J.

See assistant state's attorney, was asked to reply. See said a motion for a conti nuance had been denied in a previous pretrial hearing last week. He had no particular comment on the request for a new counsel. See said he hoped the court would consider the request for a competency hearing. He said if such a request was denied there could be a possible error in the case.

Greanias advised Judge Calvin that Weller had been given a competency hearing in a previous trial on the same charge. Weller replied: "That was three years ago." At this point Judge Calvin and the attorneys left the courtroom for a conference in chambers. They hadn't returned to the courtroom shortly after 11 a.m. Before Weller listed the points of his motions, Judge Calvin asked that potential jurors be removed from the courtroom. They were taken to various rooms outside the courtroom.

The trial opened shortly after 10 a.m. today after Judge A. G. Webber IH had the roll of potential jurors called and in structions given. Judge Calvin was assigned to the trial after the defense attorney previously requested that a substitution of judges be made.

Weinman was appointed by Judge Rodney A. Scott to defend Weller in the trial. Weller and his half brother, Phillip K. Guthrie, 27, have been charged with the murder of Goodin. Both were convicted in 1968 but the convictions were reversed by the Illinois Appellate Court.

New trials were also ordered by the Appellate Court. Guthrie's trial is scheduled to follow the trial of Weller and Judge Webber is to preside. Jury Selection Begins in Murder Trial Selection of a jury started today in Circuit Court in the trial of James F. Davies, 44, Decatur, charged with murder. Judge Donald W.

Morthland is presiding in the trial. Davies is accused of the fatal shooting of Timothy Young, 37, of 1103 S. Maffit St. on July 25. Young died three days later of wounds suffered in the shooting.

Donald S. Frey, Evanston at- torney, is defending Davies. way." Borchers has carried his divorce from the committee to the extent of refusing to make any campaign contributions to general party funds in Macon County. "The appearance of the ad today really shook me up, Borchers said. "But I can't control them, and I don't want them to control me.

"They can place the advertising if they want to, but it's not mine," he said. Some of the same ads created for the central committee are being printed additional times through payments made by individual candidates, Nichols said. "Every candidate was offered the same opportunity to reserve space under a single contract which afforded them a lower price," he said. "Some individuals accepted the offer. Borchers did not," Nichols said.

All of the ads carry a payment credit line to the Macon County Republican Central Committee, even though individuals may be paying for additional appearances of an ad. "If there is any question about that, the individuals can settle it by paying the committee for the ads instead of paying me," Nichols said. Radich's conviction and sentence of 60 days in jail or a $500 fine were upheld in a 5-2 opinion by the New York State Court of Appeals Feb. 18. The majority said Radich may have a sincere ideological viewpoint but that he must find other ways to express it.

"Insults to a flag," the ruling said, "have been the cause of war." The appeal rested heavily on the dissenting judges's position that art that bears a political message may not be censored even if it involves the flag. The New York law makes it a crime to "publicly mutilate, deface, defile, or defy, trample upon, or cast contempt upon" the flag, "either by words or act." Radich said he was "certainly pleased" to hear that the court would consider the case. "It's been a long fight, and this is an important issue," he said. The dealer said he has complied with a court order not to sell the works the state found objectionable. James A.

Hendrian Assistant Sworn In James A. Hendrian, 28, of 2331 Yorkshire Dr. has been named as an assistant to the staff of Basil G. Greanias, Macon County state's attorney. Hendrian was sworn in office today by Circuit Judge A.

G. Webber IE. He recently resigned as a special agent for the FBI after three years service. He was assigned to Norfolk, and Detroit, while with the FBI. Hendrian is a 1960 graduate of MacArthur High School and received a bachelor's degree in 1964 from Millikin Universi.

ty. Hendrian was graduated in 1967 from the St. Louis University College of Law. He is a member of Sigma Alpha Epsilon social fraternity at Millikin, the Missouri Illinois and American bar associa tions. Broken Main Interrupts Water Service Water service was interrupted to city residents in an area north of William Street Road near 35th Street today due to a broken mam.

The break reportedly occurred in the 300 Block N. 35th and city Water Department crews were dispatched to make repairs. The extent of the service in terruption was not known. Awards will be given by division. A division includes persons through age 12; division, ages 13 and 14; division, agss 15 through 17; division, age 18 and older.

Divisions are broken down by the National Association of Rocketry. Winners in various categories will be given awards and national Association Rocketry points toward eligibility in national competition. The Nov. 7 events begin at 8 a.m., with the first actual launch about 9:30 a.m. Nov.

8 events will run from 8:30 a.m. through 5:30 p.m. The association has 82 members. Nine are adults. The others range in age from 7 through 20.

Legislating 1-72 Link WillOpen Wednesday The ribbon-cutting on an 31- mile portion of Interstate 72 linking the Champaign-Urbana area with White Heath will go ahead as scheduled Wednesday, the Illinois Division of Highways said today. Bad weather earlier had raised doubts as to whether the expressway would be ready to ac cept vehicle traffic by opening day. Gov. Richard B. Ogilvie, Public Works Director William F.

Cellini, and U. S. Rep. William L. Springer will be among the political notables who will attend the official opening at 10:30 a.m.

The ceremony is scheduled for the area immediately west of Champaign where 1-72 inter changes with 1-57. City officials from Champaign-Urbana and Mon- ticello have also been invited to the opening. City Councilman Henry H. Bolz, a long-time backer of the expressway project, will represent Decatur. The new segment will connect with a previously completed 5- mile section of expressway between White Heath and Mon-ticello.

Extension of the freeway southwest to Decatur and then to Springfield is reportedly scheduled the next few years according to the Division of Highways. Construction On Schedule Inside work on the new St. Mary's Hospital addition should begin before the end of this year, according to a hospital spokesman. Work on the four-story expansion is one-third complete and proceeding on schedule, associate administrator Gerald J. Nolan said.

Projected opening for the new area is the end of 1971. There have been no delays from labor or material shortages, Nolan said, but the installation of i a 1 i equipment will take con siderable time after the struc-i ture itself is finished, he said. Included in the 26,000 square feet of new space are laboratory areas and intensive care units for surgical and cardiac pa tients. Miniature Cars Roll at YMCA On Saturday The YMCA is sponsoring miniature auto racing competition for members 15 years and under starting Saturday. The racing will be done on Johnny Lightning 500 LeMans Raceway sets donated by Topper Corp.

of Elizabeth, N.J. More than 900 YMCAs are offering the competition. Topper Corp. is also supplying prizes, including a trip to the 1971 Indianapolis 500 race, for the national winner and his family. The winner in Decatur will be eligible to compete against win ners from other cities for the regional title.

Eight regional winners will then compete for the national title. Registration begins Saturday. The program is free. Knowledge' Borchers Denies Advertisements Speakers Instant Experts' By Bill Prater "We intend to compile hopefully before the next election a list of judges who have been acting as legislators," Mitchell Ware, superintendent of the Illinois Bureau of Investigation, told Macon County's teachers today at the Kirkland Fine Arts Center. Ware said he "would probably be cited for contempt of court 100 times." He explained that some members of the judiciary think they are "instant experts" on drug problems.

He said that often a double standard exists, where one person can get the maximum 10-year sentence for drug possession, and another person gets off on probation. "The end result is that both those persons despise our legal authority," he said. Author Speaks There are enormous problems facing "spaceship Earth" in the coming years, according to Harold Pluimer, author, educator and industrial consultant. "And we are grossly uneducated." Pluimer, who was to speak at the Macon County Teachers Institute this afternoon at the Kirkland Fine Arts Center, said that "few people really have any idea of what is happening in the world today." Pluimer, in an interview before the meeting began, said cities like Decatur "feel immune to" many of the pressing problems of the world. "But let a Decatur resident go to New York City or Los Angeles.

Then he will know. In Los Angeles, outdoor physical education classes are cancelled at least 50 per cent of the time." Pluimer talked of three main problems: the automobile, the airplane and the ecology. "The internal combustion he explained, "cannot endure much longer. As soon as the country begins to pay for its ecology, he feels, Ware, is Of Earth Ware told the educators, gathered for the county teacher's institute, that there are two commitments man must make if he is to avoid destruction: All citizens must be equal under the law. All citizens must respect and be equally bound by the laws even those with which they disagree.

"Young people are being taught disrespect for everything," he said. "The crime rate" by the wealthy has tripled in recent years. Disobedience is being rewarded by concessions. Psychedelic orgies have become religious experiences." He said drugs are a very serious problem for Illinois. "The best we can say of our state is that we are not witnessing the same epidemic that has the price of operating an automobile will be prohibitive.

"Our very way of life is geared to the automobile," he said. "Our educational system must help change that." He feels that gradually there will be a shift from large cars to smaller cars to mass transit systems. Similarly, what the country needs is not a larger plane like the SST, but a way to get passengers from the airport to the downtown area. "The Eden's Expressway in Chicago and the Long Island Expressway in New York are the world's largest parking lots," he noted. (Eden's expressway runs from O'Hare to downtown Chicago; Long Island expressway runs from Kennedy Airport to downtown Manhattan).

Pluimer said our present educational system is obsolete, that we will have to be much more realistic. "Most of what is being said about pollution is myth," he noted. "And it aE boils down to education. People have to know 4 7 hm struck Florida, New York and California." Ware emphasized that the legislature makes the laws, the judiciary interprets and the executive branch "I don't pick and choose which laws I enforce," he said. After his speech, Ware said the State's Attorney's office was compiling statistics for his bureau's study of judges.

"We want to get figures from 102 counties," he said. "But figures from some areas are not coming in. We're going to get our facts straight, then make those facts known." Ware said that every man in his bureau has a college degree, and that there were 900 applicants for the original 100 openings. "Hopefully we will be doing in Illinois what the FBI has done for the nation," he said. a lot more about the delicate processes of nature the umbilical cord of life." Pluimer compared our planet to Apollo 13 "Apollo had three astronauts, Earth has over three billion," lie said.

"But both are in trouble." He recommends more federal money being spent on education and less the military: "$80 billion is too much to spend on killing." Pluimer lives in Minneapolis, Minn, tfe has worked for the Atomic Energy Commission at Oak Ridge, with NBC television and with the National Aeronautics and Space Administration. This is the first year the teachers institute has been held with elementary and secondary teachers together. Millikin music students and faculty were to demonstrate the acoustical quality of the Kirkland theater during the institute. Following the meeting an optional workshop using the Spacemobile was scheduled from 3 to 4:30 p.m. The spacemobile will be visiting the Mt.

Zion school district through Oct29. Judges Has Problems Rockets to Rise Section Meet Set Nov. 7 and 8 State Rep. A. Webber Borchers, R-Decatur, today disclaimed any connection with newspaper advertising promoting his candidacy for reelection.

"I want it thoroughly understood," Borchers said, "that the ads appearing in local newspapers have been placed without my knowledge or consent." Payment for the advertising is coming from the Macon County Republican Central Committee, 'according to Robert D. Nichols of Robert Nichols Associates, Inc. The advertising agency is handling all newspaper, radio and television promotion for the central committee as well as for individual candidates, Nichols said. Borchers has an equal share of the advertising budget of the committee spent in his behalf, Nichols said, along with each of the other county candidates. But Borchers, who has been feuding with Macon County Republican leadership for several years, doesn't want his name linked with the committee.

"A lot of my supporters will -be questioning the advertising," he said. "It's a nice ad, and I thank them for. it, but I don't intend to be obligated to the central committee in any Central Illinois Model Rocket Association will have a section meet Nov. 7 and 8 at the McLaughlin farm at Cerro Gordo. It is estimated approximately 300 rockets will be launched.

Rocket launch classifications for Nov. 7 include the following: Altitude Class competition; altitude Class in competition; single payload; spot landing open classification; spot landing parachute classification. Sunday rocket launch classifications include: Egg lofting competition: Raw egg is put into a rocket. The rocket is launched and recovered; boost glide competition; scale model altitude Class II; parachute- duration class II..