September 16, 1981 Local Leader Press Wednesday, Sandwich in hand, H.D. Carson, left, ing their lunch-time chess break. The men watches James Buckner make a move dur- work for Executive Coach Builders. Lawyer: Sentence would be 'hell' By Barbara Clauser The Leader Press A penitentiary sentence would be hell for a 29-yearold retarded man accused of a robbery, defense attorney Dee Wampler told jurors today. Such a sentence would be cruel and unusual punishment for Willis Eugene Carr, 2520 W.
Madison, Wampler said, and Carr "would be at the mercy of anyone and everyone who might have access to him," Wampler said. Eight women and four men jurors began deliberations today after hearing closing arguments by and Assistant Prosecutor George Shaffer, who asked the jury to recommend a 30-year sentence. Wampler argued that Carr should be acquitted of the charge by reason of mental disease, which means he would have to be committed to Fulton State Hospital until cured. Other alternatives for the jury include finding him innocent of any charges Wampler said he has enough already finding him guilty of robbery or finding him guilty of a less serious offense of thirddegree assault. First-degree robbery is punishable by 10- to 30 years or life in 1 prison.
Circuit Judge James H. Keet told the jurors they could find Carr guilty of Class A misdemeanor assault offense, punishable by a maximum of a year in the county jail and- or a $1,000 fine, or a Class League Chess 'n' chow Continued from Page 1B Estell said the bill governors to could eliminate their use all toare marketed gether, Estell said Tuesday. The amendment was introduced Thurs- hearing. The nicipalities to day, he said, and includes a sunset "will not clause to eliminate the bonds by the end of 1983. competitive ing businesses Any bond for commercial The issuing projects outside of specified target be required areas would have to be issued by would result the end of this year or not be tion of a issued at all, Estell said.
The legisjobs. lation amends the Internal Revenue Code of 1954 pertaining to Industrial small -issue exemptions. only could be Airport Continued frem Page 1B the remaining fall. Some board members said it might be futile since there already are claims on the union's strike fund. Said Board Member Ray Whitaker, "You'd end up with a dry Board member Dave Hunt added, "I think the airlines are using the strike to keep their cost down.
There are a lot less empty airplanes." The board received more good news when Hancik told them that they may have a chance to save the $430,000 in federal entitlement money that was in jeopardy. The grant program ended last year, but the Federal Aviation Administration was accepting proposals for Deaths John Printy Funeral services for John R. Printy, 60, Milpitas, were held Aug. 12, at Lima Family -Fremont Mortuary in Fremont, Calif. Burial was in Cedar Lawn Memorial Park with full military rites.
Mr. Printy died at 4:05 p.m. Aug. El Camino Hospital Mountain View, after a short illness. A native of Kansas, he was a Navy veteran, retired after 27 years of service.
was an employee tore 14 years for Lockheed Government Facility in Sunnyvale, Calif. Survivors include his wife, Guleen; a son, Terry Milpitas; a daughter, Miss Saundra Milpitas; his mother, hirs. Bessie Printy, Springfield; three brothPaul and Max, both of Springfield, and Roy, of the state of California; four sisters, Mrs. Hazel Mauro, Brooklyn, N.Y., Mrs. Flossie Irvine, Kansas City, Mrs.
Fairie Gooch and Miss Fay Printy, both of Springfield; and one granddaughter. Clyde Norman WASHBURN Serv- ices for Clyde H. Norman, 72, Route 1, Washburn, will be at 2 p.m. Thursday in Axley's CulChapel in Cassville and Ron Stough officiating. Burial will be in Washburn Prairie Cemetery in Washburn.
Mr. Norman died shortly before 7 a.m. Monday in St. John's Regional Health Center, Springfield, after a long illness. Harold Porta OSCEOLA Services for Harold E.
Porta, 78, Osceola, will be at 1 p.m. Thursday in Goodrich Chapel with the Rev. James Fulton officiating. Burial will be in Humansville Cemetery. Mr.
Porta died early Sunday in Lowry City Community Care Center after a long illness. A Collins native, Mr. Porta was a longtime Osceola resident. He operated theaters in Richland, Windsor, El Dorado Springs, Humansville and Osceola. Survivors include his Lena; a son, Ron, Osceola; a brother, Francis, El Reno, and two grandchildren.
The family will be in the funeral home from 7 to 8 p.m. today. Ruth McCluer CASSVILLE Mrs. Ruth McCluer, 81, Cassville, died at 2:30 p.m. Tuesday in South Barry County Hospital where she had been a patient the past five days.
Mrs. McCluer was a lifelong area resident and a member of Mineral Springs Baptist Church. Survivors include two daughters, Mrs. Maxine Cassville, and Mrs. Marzell Foster, Gary, a son, Paul, Galt, two brothers, Frank and Clyde Ryan, both of Cassville; two sisand Glenna Moore, ters, Mrs.
Lucy Moore both of Cassville; four grandchildren and eight great-grandchildren. Axley's Culver Funeral Home will announce services. Otto Rathbun Services for Otto Rathbun, 88, Springfield, will be at 10:30 a.m. Thursday in Gorman-ScharpfAbbott Funeral Home with the Rev. T.T.
Crabtree officiating. Burial will be in Sparta Cemetery. Mr. Rathbun died at 4:15 p.m. Tuesday in Cox Medical Center after a long illness.
He was a former merchant in Sparta, where he worked for 25 years. Mr. Rathbun had lived in Springfield the past 32 years and was a member of First Baptist Church. Survivors include his wife, Bertha; a daughter, Mrs. Opal Hooper, Springfield; three grandchildren and six greatgrandchildren.
The family will be in the funeral chapel from 7 to 8 p.m. today. The casket will be closed at the beginning of services. Edwina Buffington CHESAPEAKE Services for Mrs. Edwina Garner Buffington, 74, Chesapeake, will be at 1 p.m.
Thursday Max L. Fossett Chapel in Mount Vernon with the Rev. Bill Perry officiating. Burial will be in Summit Cemetery northeast of Mount Vernon. Mrs.
Buffington died at 6:07 p.m. Monday in Cox Medical Center, Springfield, after a three-month Illness. She was a member of Chesapeake Baptist Church and a lifelong resident the Chesapeake Community. Survivors include two stepdaughters, Mrs. Loueise Garner, Miller, and Mrs.
Margarette Stines, Victorville, two stepsons, Junior and James Buffington, both Mount Vernon; a brother, Amos Sumner, Mount Vernon; a sister, Mrs. Maxine Hack, Buena Vista, six grandchildren, seven stepgrandchildren, 13 great-grandchildren and 10 step-great-grandchildren. The family will be in the funeral chapel from 7 to 8 p.m. today. Gertrude Pretti Mrs.
Gertrude V. Pretti, 71, Largo, died at 8:25 a.m. Tuesday in Springfield MediCenter after a long illness. Formerly of Springfield, she is the former executive secretary for Vendo Vending Kansas City. Survivors include her husband, John two sons.
John Springfield. and Tom 0., Grandview; and five grandchildren. Services will be announced by Herman Lohmeyer. Firemen called to Landmark Firefighters were called to the Landmark Building today after a maintenance man found a smoldering piece of cloth or paper towel in an elevator shortly before noon today, authorities said. Ward Madding, 38, Landmark Building maintenance manager, said he was waiting to get on the elevator on the first floor, when the doors opened and he saw smoke and the smoldering object.
Madding said it appeared to be a paper towel from a restroom. He stomped it out with his foot and notified the fire department. Annie Melrose Services Mrs. Annie K. Melrose.
80, Tulsa, formerly of Springfield. will be at 9:30 a.m. Thursday in Eastside Christian Church, Tulsa, under direction of Stanleys Funeral Service. Burial will be at 3:30 p.m. Thursday in Greenlawn Cemetery.
Mrs. Melrose died in the Oklahoma Osteopathic Hospital, Tulsa, after a long illness Tuesday afternoon. A Glasgow, Scotland, native, she lived in Springfield for many before moving to years Tulsa. Surviving are a son, Thomas, Springfield; daughter. Nan Leonard, Tulsa; two brothers, James Cook and Allen Cook, both of Springfield; three grandchildren and two-greatgrandchildren.
Annie Melrose Willie Bilyeu BRANSON Grave- side services for Mrs. Willie Leona Carr Bilyeu, 86, Branson, will be at 2 p.m. Friday at Cape Fair Cemetery with Evalyn Hart officiating under direction of Adams Funeral Home of Ozark. Mrs. Bilyey died at 10:30 a.m.
Tuesday in Skaggs Community Hospital after a long illness. Mrs. Bilyeu had lived in Branson since 1945, having moved from Reeds Spring. She was a member of the Pentecostal church. Survivors include a daughter, Mrs.
E.G. Bell, Branson; two grandchildren, children; five great three greatgreat-grandchildren; and several nieces and nephews. The family will be at Stumpf Funeral Home at Reeds Spring from 7 to 8:30 p.m. Thursday. Virgil Wooliver Sr.
Virgil Wooliver 54. Springfield, died at 12:17 p.m. Tuesday in Cox Medical Center after a long illness. A Korean War veteran, Mr. Wooliver was a member of the Baptist church and a lifelong Springfield resident.
Survivors include his wife, sons. James Anderson, Springfield, and Virgil Wooliver Springfield; a sister, Mrs. Etta Lutz, Springfield: and two grandchildren. Ralph Thieme will announce services. Daily record Births To Mr.
and Mrs. Ralph MacKenzie, Baptist Bible College. a boy. 5:34 p.m.. Sept.
2. Springfield General Osteopathic. To Mr. and Mrs. James D.
West, 518 N. Fulbright, boy, 7:26 p.m. Sept. 14. Cox.
To Mr. and Mrs. Berton Adkins. Camdenton, a boy, 7:43 a.m. Sept.
14, Cox. To Mr. and Mrs. David A. Bielby, 2540 N.
Delaware, a girl. 8:49 a.m. Sept. 14, Cox. To Mr.
and Mrs. Danny Cook. Niangua, a boy, 10:37 a.m. Sept. 14.
Cox. To Mr. and Mrs. John Freeman. Route 7.
Box 270. a girl. 3:45 p.m. Sept. 14.
Cox. To Mr. and Mrs. Phillip Bridges. Alton.
girl. 6:18 p.m. Sept. 14. Cox.
To Mr. and Mrs. Farley Kutzner. Crane, a girl. 9:26 p.m.
Sept. 14. Cox. To Mr. and Mrs.
Timothy Garten. 2134 N. Douglas. a boy. 8:19 p.m.
Sept. 14. Cox. To Mr. and Mrs.
Roger Knapp. Lebanon, a boy. 2:30 p.m. Sept. 11.
St. John's. To Mr. and Mrs. Terry McCully.
Wasola. a boy. 8:54 p.m. Sept. 12.
St. John's. To Mr. and Mrs. Max Rhoades.
Lebanon, a boy, 4:53 a.m. Sept. 13. St. John's.
To Mr. and Mrs. Eric Lampe, 3204 Mount Vernon, girl. 7:15 a.m. Sept.
13, St. John's. To Mr. and Mrs. Ralph Nettleton.
Mountain Grove, a girl, 4:24 p.m. Sept. 13, St. John's. To Mr.
and Mrs. James Nixon. 1907 E. Page, a boy, 7:45 a.m. Sept.
13. St. John's. To Mr. and Mrs.
Bobby Davis. Ray Gwin Services for Ray E. Gwin, 47, Springfield. will be at 1 p.m. Thursday in Ralph Thieme Chapel with the Rev.
Chester Cossins officiating. Burial will be in Miller Memorial Cemetery in Miller. Mr. Gwin died at 10:44 p.m. Mondater in Cox Medical after a short illness.
The family will in the funeral home from 7 to 8 p.m. today. Gwin Harlan Atwell Harlan Atwell. 84, Springfield, died at 10:06 a.m. Tuesday in Cox Medical Center after a short illness.
Mr. Atwell was a member and a deacon of Hamlin Memorial Baptist Church and was a life long Springfield He was retired after 50 years at Frisco Railroad where he worked as a machinist. Survivors include his wife, Ellen; four sons, Ben and Bob, both of Springfield, Paul, Kansas City, and Sam, Shawnee, 12 grandchildren and 18 great-grandchildren. Ralph Thieme will announce services. The family will in the funeral home from 7 to 8 p.m.
Thursday. Thelma Futrell Thelma Futrell, 69, Springfield, died about 10:30 p.m. Tuesday in Cox Medical Center after a short illness. A Ava resident, Mrs. Futrell moved to Springfield in 1966.
Survivors include her husband, Edgar; two sons, Earshel, Newton, and Harold. Springfield; three daughters, Mrs. Macie Dry, Springfield, Mrs. Marlene Michel, Lebanon, and Mrs. Marylen Curtis, Fair Banks, Alaska; seven grandchildren and four great-grandchildren.
Arrangements will be announced by Ralph Thieme. misdemeanor assault, punishable by a maximum of 15 days in jail and-or a $300 fine. Carr is accused of a gunpoint holdup Jan 2 at Scenic Package Store, 648 S. Scenic. A sawed-off rifle was used.
Wampler stipulated to most parts of the prosecution evidence that showed Carr had committed the holdup. Wampler said defense psychiatric testimony showed that Carr's intelligence is borderline to dull normal and that he will never be beyond the mental age of a 12- or 13-year-old. One doctor believes Carr meets the legal qualifications for being innocent by reason of mental illness, Wampler said. Others testified that at the least he has serious mental problems. Police officers, who arrested Carr a short time after the robbery, said he was intoxicated.
Most people would have some sympathy for Carr, Shaffer said, but he told the jurors he believes the Carr crossed the line where sympathy stops when he put another person in danger by pointing a gun at him. "We can't ignore that," Shaffer said. Shaffer mentioned that Wampler had made fun of the many blunders pulled by the robber, who went to a a neighborhood store without a mask and with gloves in his pocket but not on his hands. Shaffer said testimony showed Carr did not have high intelligence but that such a condition had nothing to do with what his mental condition might be. Testimony began Monday.
the bill would require report where bonds and require a public bill also requires mucertify that bonds create an unjustified disadvantage to existin the area." authority also would 10. prove that bonds in creation or retensignificant number of development bonds issued in special tar- money until this The entitlement money, Springfield's share of taxes collected from on airline ticket sales, was to be used for various airport improvements including a runway extention. However, the airport was in jeopardy of losing those funds since it did not have the $47,000 required to retain the grant, Hancik said. If the Federal Aviation Administration approves a plan where the airport would use city public works engineers to do the engineering portion of the improvements instead of paying the matching sum, the airport still has a chance to make those improvements. Hancik said.
Marionville, a boy. 8:53 a.m. Sept. 14. St.
John's. To Mr. and Mrs. Darren Crisp. P.O.
Box 31, a girl. 10:51 a.m. Sept. 14. St.
John's. To Mr. and Mrs. Richard Gugel. Long Lane.
a girl. 4:28 p.m. Sept. 14. St.
John's. To Mr. and Mrs. Victor Snider. 318 N.
Pine. a boy, 4:53 a.m. Sept. RE 15, St. John's.
To Mr. and Mrs. Michael Schlueter. 3345 S. Pinehurst.
a boy. 7:48 a.m. Sept. 15, St. John's.
To Mr. and Mrs. Steve Collins. Mansfield, boy, 11:11 a.m. Sept.
15. St. John's. To Kurt Englebrecht and Edith Bonner, Lampe, girl. 4:44 a.m.
Sept. 15, St. John's. Marriage licenses get areas and only for commercial projects, excluding manufacturing and health-care centers. Estell said.
Target areas would be census tracts having a population of at least 2.500. Family income guidelines also must be followed. Estell said. For example, 20 percent of families i in the tract must have income below the poverty level. Estell said bonds could not be used to finance relocation for any company.
Lobbyists have confirmed the bill will pass, Estell said. And the best hope for their continuance is elimination of the sunset provision. Continued from Page 1B drive industries that demand emptions out of the state. "Should we let them move?" he asked. Hanco*ck also said he supports a homestead exemption which would eliminate taxes on certain amounts of residential property.
However. Hanco*ck said, "'We can't determine what the exemption should be until after reassessment. Smith of the Farm Bureau said there should be legislation to continue the practice of taxing farmland on its productivity instead of its market value after reassessment. Don Barton Baumgardner, 33, of 2111 E. Thoman.
and Pamela Ann Mark. 31, of 1943 S. Ferguson. Allan Smith Lovins, 20. Joplin, and Tina Diane Ratiff, 19.
Rogersville. Curtis Rex Hawkins, 23. of 2444 N. Delaware, Apt. G-2.
and Donna Lynn Morriss, 18, of 2444 N. Delaware. Apt. G-2 Edwin Wayne Collinson. 64, of 1657 E.
Bennett, and Billie Colleen Elmore, 56, of 2150 N. Lyon. David Lee Phinney, 36. Leedey, and Sara Alice Irby. 40.
of 2100 N. Clifton. Craig James Kessler, 24, of 3504 S. Nettleton, and Lynda Kay De Good. 26.
of 724 S. Crutcher. David Marion Stage, 24. of 1515 N. Lyon, and Barbara Ann Pinegar.
21. of 1515 N. Lyon. Continued from Page 1 1B ruled that medical evidence and from a federal prison in California. now will not permit a prisoner to waive his right to receive necessary medical treatment," Clark ruled.
In their response to England's recommendation late last week. Brown and Moomaw had said Boyce has a constitutional right to a fast harms no one but himself." Individuals who are not inmates may fast as long as they want to without government interference, and that same right extends to persons in prisons, the attorneys argued. Clark also ruled that Boyce's claim to the privacy of his body is subject to the government's obligation to provide necessary medical care. Though Boyce's attorneys argued that force feeding was not clearly necessary and that all prison procedures were not followed before the feeding. Clark testimony at the hearing provided where he was serving a 40-year enough information to support his sentence for espionage.
ruling that the forcefeeding was Boyce still is accepting food and justified. his condition is continually improythe Court finds the evidence ing, medical center attorney Bill sufficient to support a finding that Burlington said today. (Boyce's) health was immediately Burlington said he does not. know threatened with permanent dam- how long Boyce will remain at the and that this threat justified medical center. age the efforts of defendants to provide we know is that there are necessary medical care," Clark legal proceedings that are at least ruled.
in the initial stages out West. Boyce was transferred to the Whenever those get to the point 1 2 when they need him present, I'm medical center Sept. a guessing that's from Washington jail. where he had he said. when he'll leave." been on a hunger strike for 11 Clark's decision does days.
His hunger strike lasted a medical center change not total of 18 days, and ended when about position medical center staff members forced medical treatment, Burlington said. force fed him twice on the day of his always felt, in other hearing. medical cases where The a person re28-year-old man began fused medical treatment such as hunger strike when he was ar- dialysis, that we had an obligation rested 19: months after escaping to give treatment..
