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About The news-review. (Roseburg, Or.) 1948-1994 | View Entire Issue (July 11, 1963)
Judge Frees Reedsport Resident From Indictment By Grand Jury 1udDw1rf C2Unty Sircuit Court ,endant was innocent of the charge Grand J mT?3;' d,sm'ssed . ' any other act of that nature. .Z - u raouon ! u,c uciense attorney, even though the district attorney con tended in an affidavit he wanted more time to study the matter. The case was that of John C. Diehl, Reedsport businessman, who had been charged in the indict ment with sodomv, based on testi mony of a 12-year-old girl. . Diehl. in a polygraph examina tion (he detector test) results of which were kept secret until just prior to the court action passed the test as to his innocence, in the opinion of a state police of ficer administering the test. Judge Charles S. Woodrich ireful ruung lor dismissal of the case, in a hearing Wednesday afternoon, did so on two grounds: f "First, and in the court's opin . ion, of foremost concern, is the result of the detector test itself, which demonstrates the innocence of the defendant in the opinion of the competent expert administer ing the test, and likewise in the opinion of the Dep. Dist. Attorney (Verden L. Hockelt), whose obliga tion it was to prosecute this case, and whose responsibility it was to see that justice was done, and opin ions concerning the innocence of this defendant are persuasive with me court. Hockett, who resigned his posi tion as of July 1, had handled the investigation of the case, but it was taken over by District Attor ney Avery Thompson after that. The judge gave his second "per auasive reason" that "the defend ant waived his constitutional im munities based on an understand ing and agreement with the dis trict attorney's office, that the vio lation of this agreement in my op inion would in turn violate the rights afforded this defendant un der the Constitution. It was a con ditional waiver, and it is persuasive with this court that the court should enforce the condition in view of the fact the waiver was made to this condition." The agreement referred to by the judge, as stated in an affi davit of Dichl's attorney, Dudley C. Walter, was, 1. That the test was not to be a matter of infor mation to the public or anyone other than llr. Hockett's office, the defendant, his wife, his counsel and the Oregon State Police ex aminer. 2. That in the event the results of said examination in the opinion of the examiner showed guilt on the part of the defendant for the crime charged in the indictment the fact that the examination had been given or the results of the examination would remain unre leased and would form no part of any evidence at any trial of the defendant. 3. That in the event the result of the examination in the opinion of the examiner showed the defendant to be not guilty of the charge in the indictment, Mr. Hockett would recommend the dismissal of the in dictment to the district attorney and that his recommendations had been followed in the past; and further that "in his opinion no pro secutor in his right mind would attempt to prosecute the defendant on this indictment under such cir cumstances." No one was to re veal results of the test until the district attorney's office had an opportunity to make a public state ment of the results and reason for dismissal. The lie detector test was ad ministered by the Corp. Ben Pear son of the Oregon State Police Bu reau of Identification of Salem on June 27. The examination in the opinion of the examiner showed without reservation mat tne ae- 'f$!iS For your loved one, choose 1 mmm A CARAT T0TAL weight iijj i n mi bm DIAMOND RINGS Trr I W M JS yM - , Exceptional rofuei in quality diomoods set in your choice M Vj . Il 1 W?'i I rr: of beautifully crafted mellow while or yellow gold. jPStfliJ 8 Sttfl ' sBv f lf'SBL'fPi l", ioroo i va m 1 3 J s I -XsTw. I mo' 125 ff t i vr&rtr4h? 'whl -.B TERMS lOWf AS 10.00 A MONTH tfA fSSSf " '''WWjffitjf .SO S.I.". . Open Friday Til . m-UU 'tliilj.lM Wi ' Z uie atimavit states. Thompson was not present for the hearing before Judge Woodrich, although testimony was adduced that he had been served notice. Thompson, however, shortly before the hearing filed an affidavit stat ing that he had been away and was given the results of the poly, graph on his return July 1, and a written report July 2. The report "did not include any opinion or dissertation as to the eligibility of the defendant as to his susceptibility for a successful test or as to any symptom which would render the test unsuccess- he stated. "The said test indicated certain deceptive reactions recorded in re sponse to certain questions of min or girls in the city of Reedsport, which prompted the district attor ney to advise Mr. Walton that he desired to further investigate the matter." Thompson later stated out of court he wanted it made clear the dismissal was made by the court and not on his initiative. Walton's affidavit stated that he had informed the district attor ney's office that by reason of the failure of the district attm-nev tn honor the agreement and dismiss the indictment, he no longer could be bound by the stipulation to re. frain from releasing the result of tne examination insofar as the in dictment is concerned and would apply to the court for an order of dismissal for the reasons stated in the affidavit. Diehl had pleaded innocent on day night at 8 p.m. when the cur arraignment and was free in S7.000 : tain coes lln on the "Cnrnnalinn bail. His trial had been scheduled j for July 24. Post Installation And Election Scheduled By American Legion American Legion A.L. Fallin Post I ell today. District 9 holds the high 123 of Canyonville will have instsl- est membership rating in the state lation of officers at an event set and has been selected to lead the for this Friday at the Legion Hall in Canyonville. Potluck supper will (Mil. 1 A. II 1 4 H III I Vf5 !ZT"; IS MRS. EVELYN POWELL V"" iLMSJt SstlLfU ... auxiliary president II I lUTf V&&Z's 556? start at 6:30 p.m. with the instat-II Wl I I UTTWL'". 7jU!2'!&t vILumm lation to follow at 8 p.m. I t i -J rjfi- 11 11,1 "g'a ' X W I i District 9 Cmdr. N. Frank 11 1 - vS i W I f ffl . WM X (Ricky) Powell of Riddle will be CMDR. 'RICKY' POWELL fVvl fT J f f I W 11 y the installing officer, performing ... installing officer liCiL.J (i, ft ! I J 19 ? Mi H "X his last official duties in Douglas i-fi g-f 'I I g9l l , . County as district commander pri- be a no-host dinner with the meet- w 1 B f J , Efs. 4 t&ll 11 or to election of new district offi- ing to follow. All delegates and al- Wm W&b. m&S I 1 ij 1 cers set for Sunday, July 14. He tcrnatcs are urged to attend. v i 1 "A fJ Sl 1 I will be accompanied to the meet- For Friday night's installation of JL:J 6vJ m& 3bK ftji Vt Wk t ing by Mrs. Powell (Evelyn), pres- the Canyonville post, all legion-1 SJS&il fn 1 -i f JEM 3 I ident of Dist. 9 Legion Auxiliary, naires and auxiliary members are; tfa&bfkS SjZM 8. & J& g fji I According to a statement by Pow- invited to attend. 1 fl B '3k JrW II . I ' III , , il TRIP TO NEPAL is planned by Dave Wyatt, shown here holding o special gift blanKet for the Dalai Lama, and Steve McCarthy of Rosetjurg, and Gary Payne of Boise, Idaho. The trio, known officially as the Oregon Himalayan Expedition, will leave Sept. 15 for Calcutta, then travel on foot the route of the Hillary expedition to Mt. Everest. Wyatt is shown surrounded by equipment for the trip which was donated to the expedition by several concerns. (UPI Telephoto) Reedsport Fleet Days To Open Friday The seventh annual Fleet Days celebration at Reedsport and Win chester Bav nets under wav Kri. Capers" at which the queen is selected. parade at the state convention to be held in Pendleton Aug. 1-3. The district embraces Coos, Curry and Douglas counties. Sunday s election of new district officers will be held at the caucus set for 1 to 4 p.m. Sunday at the Birdcage caie in Loquille. It will The queen will be chosen from i a quintet of princesses. They are Joanne Barth, Moira Nunnally, Linda Tabor, Patti Todd and Sharon Weatherly. They will be escorted by five members of the Umpqua River Lifeboat Coast Guard unit. Throughout the festival the unit will serve in the role of saving lives as well as taking the parts of honor guards. Full days of activities are scheduled Saturday and Sunday. The coronation of the queen is slated at 10 a.m. Saturday, fol lowed by the traditional planting of roses in Hahn Park by the Portland Rosarians. Following in order will be the traditional salmon feed at noon, tho Fleet Days parade, starting at 2 p.m. from the Reeds port High School, a championship swimming meet at Highland pool and the driftwood bonfire and Beachcombers Ball Saturday night. Also included is a 7 p.m CARTER TIRE COMPANY'S BIGGEST EVENT! FREE Easy wrestling exhibition at the high school by professionals. The big event Sunday at 10 a.m. is the colorful "blessing of the fleet." Foreign Service Tests Scheduled U. S. Rep. Robert Duncan reports that the U. S. State Department has set a deadline for filing appli cations for the testing for positions of junior foreign service office; The deadline is July 22. Applicants from the Oregon 4th District will be ablo to take the written examination in Portland. In addition, oral and medical ex aminations and background investi gations are planned. More information may be secured from Duncan at 125 Cannon House Office Building, Washington 25, D. C. MOUNTING Terms Available - Whether You Buy One Or Two Roseburg Youths Plan Trek Across Foothills Of Himalayas By BILL SPARKS Ntwi-Revitw Stiff Writer The Oregon Himalayan Expedi tion, comprised of two college stu dents from Roseburg and a com panion from Boise, Idaho, will cm bark for Nepal on Sept. 15 with plans already outlined to cross Uie upper foothills on the Himalayas on foot and then continue on to New Delhi, India with hopes of speaking to the Dalai Lama. The expedition has received the official endorsement of Gov. Mark Hatfield as well as support of the Smithsonian Institute, the Chicago Museum of Natural Science and the Oregon Museum of Science and Industry. Undertaking(the trek through the 10-12,0O0-fooM-gh mountains will be Dave Wyatt, 19, son of Mr. and Mrs. Edwin Wyatt, 540 W. Chat ham St.; Steve McCarthy, 20, son of Mr. and Mrs. Gerald McCarthy, Melrose Road, and Gary Payne, 19, whose parents live in Boise. Wyatt is a student at the Univer sity of Chicago and McCarthy and Payne both attend Reed College in Portland. Follow Famous Rout In crossing tho Himalayas, the trio will fallow the path of the 1953 British expedition to Mt. Everest led by Sir Edmund Hillary. The trio hopes to have an Inter view with the Dalai Lama arrang ed by U.S. Ambassador to lii(lia Chester Bowles. The Dalai Lama has resided in Indian since fleeing from the communists who overran Tibet on March 13. 1959. Plans for the trip began to un wind Inst summer when the trio obtained what they thought was a definite ride on an ocean freighter to Calcutta. It was later discovered, however, they could not get firm commitments for jods on tne freighter because union regulations establish priority schedules for seamen. With plans already firmed up to trace the path of the Hillary ex pedition, the trio decided that in stead of coming back tho same! route they would journey on by! fool to Darjecling, India. This pro- ides a total of 400 miles of walk ing through tho Himalayan foot hills. McCarthy and Payne spent the late spring months, April and May, in Portland rounding up support for the expedition. They received several forms of aid. including clothing, equipment, food, special! hiking shoes, mm and a special blanket to be presented to the Da WE'VE SLASHED PRICES dh QD (S) BjfH.& R2 DURING SALE! No Money lai Lama. In addition to the several ! hundreds of dollars worth of equip-1 ment, they received cash support, ! including a grant ol about $400 ; from Reed College. Bakke Steamship IJnes, which had originally offered the trio a clunce to work their way to Cal cutta, nas ouerea to snip tne equip ment to Calcutta free. It will be shipped from San Francisco this week. The three-man expedition will leave from Portland on an airliner Sept. 15 and arrive in Calcutta on Sept. 18. India Airlines has ar ranged to clear all the equipment through customs and will fly the trio and their equipment to Kat mandu, capital of Nepal the same day. They plan to spend 7 to 10 days in Katmandu visiting various officials, including the crown princo of Ne pal. Wyatt said Oregon Sen. Wayne Morse has been extremely helpful in dealing with the Nepalese gov ernment. The trip will be a scientific ex pedition, as the boys will collect samples of insect life for the Smith onian Institute, tho Chicago Mu seum of Natural Science and the Oregon Museum of Science and In dustry. They have been excused from many restrictions, usually ap plied in Nepal because of thd size of the party and the nature of their expedition. They have already obtained a visa to Nepal for seven days and upon their arrival at Katmandu, will obtain a permit for 'the 50 or 60 davs of their stay through the U.S. Foreign Affairs officer. Ar rangements have been made so the permits will bo ready when they arrive. From Darjecling, India, they will travel to New Delhi, whero they Thurs., July 11, 1963 The FRESH PIE CHERRIES PITTED AND SUGARED 30-lb. Q 7A ft 7A tin W.f V ONE DELIVERY ONLY Put your order In todoy. You pick up July 16. 20-lb. boxes vegetables, individually quick frozen WINSTON FOOD LOCKERS, Winston A few lockers now available . . . Ph. 679-5133 ALL WEATHER n n 98 JUL Not A Second Not A Retread 18 Month Road Haxard Guarantee Brand New Never - Been - Used Goodyean CHECK YOUR SIZE TUBELEiS Tube type SIZE BLACKWALL WHITEWALL BLACKWALL I WHITFWAU. 600 k 13 11. 98 ' 14,96 056 IS " li.98' 1.98 750 xU "IW" 16,59' ' 860 k 14' " 15.73 18.44' 850 kU ' 19.16' l89 676 k 15 . ' 7l015 ' 14.71' 760 k 15 " "' '4,23' 16.96' 8008ifll5 2.32' 15.57' WTF Plus Tok And OM Tire OH More People Ride On Goodyear Tires Than On have a letter of introduction to Ambassador Bowles, who they hope will be able to arrange for. the personal interview with the Dalai Lama. From New Delhi, they will travel to Europe, exact destination as yet unknown, to spend several months there and complete a full year's travel. Hospital News Visiting Hours 2 to 3:30 p.m. and 7 to S p.m. Mercy Hospital Admitted Medical: Mrs. Larry Westin, Mrs. Franklyn Hayes, both of Roseburg; Mrs. LcFoy Kesterson, Winston. Surgery: Steve Finnell, Rose burg: Bradford Parazoo, Suther lin; Mrs. Ray Osborne, Myrtle Creek. Discharged Mrs. Charles Stalnaker, Donna Chambers, Mrs. Harold McCor mack, Richard Drake, Mrs. La Rue Crain, Rcnee Schick, M r s. John Blore and daughter Laura Leslie, all of Roseburg; Lee Tra vis, Warm Springs. Douglas Community Hospital Admitted Medical: Mrs. Thomas Mountain, Mrs. Ernest Baziotis, Mrs. Wilford Kincaid, all of Roseburg; Mrs. Carl Westfall, Myrtle Creek; Mrs. Albert Rankin, Sutherlin; Mrs. W. B. Glen Jr., Winston; Mrs. Otto Seheeman, Yoncalla. Surgery: Mrs. Donald Henry, Chester Nordling, both of Rose burg. Discharged Clarence Loving, Roseburg; Tim othy Burkhart, Coquille: Keith' Moon, Sidney Moon, both of Klamath Falls; Ruth Laurancc, Winston. Newt - Review, Roseburg, Ore. 3 61-lb. 2.02 tin 670 i IS Blackwall Tub Typt Plus Tax end Old Tire off Your Car. and PRICE Your Cor. Down! A Set! Any Other Kind!!
