o o i "iai3 Dapt. Box 870 No "'Soccer -Today- Due to uncontrollable trans portation problems, the ten tatively scheduled soccer match between the UNC boot hs and the Univ. of Buenos Ares will not be held this afternoon. Weather Generally fair and some what cooler today. Highs 65 to 75. Thursday fair to partly cloudy with moderate temper atures. The South's Largest College Xeivspupcr lite Sr51 off Vol. 74, No. 21 Circumstantial Evidence Is Not Enough Jurors Say By EI) FREAKLEY DTI I Staff Writer HILLSBOROUGH Four more jurors were selected yesterday in the retrial of Frank Joseph R i n a 1 d i, charged with the murder of his wife in 1963. Two of the new jurors told the court they could not convict the 36-year-old formerUNC graduate in structor on circumstantial evi dence. Rinaldi was convicted last Nov. 18 on a chain of circum stantial evidence presented by the state. The jury recom mended mercy which in North Carolina carries an au tomatic life sentence. The State Supreme Court later granted Rinaldi a new trial on the grounds that first trial Judge Raymond Mallard had admitted prejudicial and incompetent evidence. The venire of 59 prospective jurors was exhausted by the state and defense at mid-afternoon. New Venire Called Judge George M. Fountain, presiding over the special ses sion of Orange County Crim inal Court, recessed the court at 3:10 directed a special ve nire of 125 to be selected to report this morning at 9:30. Three jurors and an alternate must still be chosen. Court officials immediately began selecting the special venire. Rinaldi is accused of killing his four-month pregnant wife in their Chapel Hill apartment on Christmas Eve, 1963 She was found dead with a scarf knotted about her head and she had been beaten about the face. He and his wife, Lucille, 34, had .been married since July, 1963. They had been child hood sweethearts at Water bury, Conn. Jurors Selected The two jurors chosen yes terday who said they could not convict a man on circumstan tial evidence alone are Vater J. Johnson, a Negro janitor here at the University, and Edward McPherson, a Hills borough mason contractor. Both made the statement af ter being approved by the state. The other jurors seated Tuesday were E. M. Fowler, a printer who works in Dur ham and resides in Chapel Hill, and William D. Dorsett, an Efland sales manager for the Curtis Breeding Co. The five jurors seated Mon day include Bruce DeGraffen reid, a Negro worker here at the University; Mrs. Nina Wallace of Chapel Hill, wife of an assistant professor at N. C. State; William Hogan, Chapel Hill dairy farmer; Lee Crabtree, Cedar Grove farm er; and Donald E. Stewart, the Chapel Hill architect who de signed Carmichael Auditori um. In Courtroom The parents of Mrs. Rinaldi sat at the front of the court room. Rinaldi's father and brother sat directly behind him. FROM Mrs. William C. Friday, wife of the president of the Con solidated University, was ex cused by the state during the morning session. She stated that she was "nervous as a cat." She also told the court she did not want to sit on the jury because "my husband would not like for me to serve." Mrs. Friday said she was opposed to capital punishment. The state used its fifth of six challenges in removing jurors to reject Mrs. Friday. Several others were rejected for this reason. Many were turned down because they said they had formed an opinion on the case and did not feel they could render a just ver dict. Solicitor Thomas D. Cooper Jr. has said he will seek an other first degree conviction. Cooper is assisted by Hills borough lawyer Robert Satter field, who is serving "as a personal favor" to Cooper. Rinaldi Defense Rinaldi's defense is headed by Barry T. Winston. Winston is assisted by Gordon Battle, who worked with him at the trial last year, and Victor Bryant Sr. of Durham, a UNC trustee. There were only a handful of about 26 spectators in court yesterday, a,nd most of them were part of the original ve nire. Chief evidence against Ri naldi, who has pleaded not guilty at both trials, is the testimony of Negro handyman, Alfred L. Foushee who said Rinaldi attempted to hire him to kill Mrs. Rinaldi. Rinaldi based his defense at the first trial on the testimony of John F. Sipp, Chapel Hill insurance agent who said he was with Rinaldi in Durham during the time of the murder. UNC Had First Semper Fidelis UNC has the distinction of having the alpha chapter of the Semper Fidelis Society, an organization founded to furth er the interests of the Marine Corps on college and univer sity campuses. The national society has be gun here Oct. 9, 1952 and in the past 13 years has spread to all parts of the country. Semper Fidelis chapters are now located on 51 campuses. The group meets the first Tuesday in each month. At these meetings the Marine Corps' role in the modern mil itary institution is discussed. The meetings feature guest speakers, films and other training aids. The big social event of the year falls on Nov. 10 the Corps' birthday. Persons interested in finding out more about the Semper Fidelis Society may contact Bill Hatch (966-5248) or John Lovell (968-9156). BELL TOWER TO CARMICHAEL AUDITORIUM CHAPEL I' - - . .... -'CSW- V . I . - - ' ' , v. '. - Jr -.j ONE OF THE cars damaged in yesterday! accident on E. Franklin St. is being towed away. Chapel Hill policemen supervise the ac Five Autos Collide On Franklin St. A stuck gas pedal triggered a five-car accident on East Franklin St. yesterday after noon about 3:30. No one was hurt, but damage was exten sive. According to police reports, Mrs. Sally H. Frazier, 150 Hamilton Rd., was pulling out of a parking place near the Village Cafeteria into the east bound traffic lane when her gas pedal stuck. Police reported that she swerved into the west-bound lane, sideswiped two cars in the inside lane and struck a fourth in the outside lane. This car was knocked into a parked vehicle. The two sideswiped cars, driven by Gilbert H. Godfrey, 201 N. Greensboro, Carrboro, and Kenneth C. Joyner, 114B Todd, Carrboro, were still operable after the accident. Investigating Officer Victor Johnson of the Chanel Hill Police Department estimated that Mrs. Frazier s car was going 30-3o miles per hour when it struck a vehicle driv en by Allen W. Markahm. Markahm's car was knocked into a parked car belonging to UNC student Jerry W. Butler. Butler's car was parked about 150 feet from the spot where Mrs. Frazier had been parked. APO Rush Alpha Phi Omega National Service Fraternity will hold fall rush tonight and tomor row night at 7:30 in the More head Planetarium Faculty Lounge. All men, including freshmen, interested in service to the campus and community are invited. No formal invitation is necessary. HILL NORTH CAROLINA Senate Abandons T-H Repeal Try WASHINGTON (AP) Sen ate Democratic Leader Mike Mansfield, D-Mont., yesterday shelved for this session the bill to revoke the power of the states to ban the union shop. Mansfield told his colleagues that the unsuccessful attempt yesterday to invoke closure and shut off the debate had made it clear that he cannot get action on the bill at this time. His action made it likely that Congress will be able to wind up the 1965 session short ly. Republican Leader Everett M. Dirksen of Illinois had said earlier it might be pos sible to adiourn by Oct. 23 if members buckle down. In Monday's vote, support ers of the bill mustered only 45 senators for cloture as com pared with 47 against. Thus it did not win even a majority although two-thirds was need ed. "In view of the margin of yesterday's vote; I no longer find myself looking through a glass darkly," Mansfield told the Senate. "The image is clear, the Senate does not wish the lead ership to press the attempt to take up 15B at this time." The bill, passed by the House and urged by President Johnson, would repeal Section 14B of the Tart-Hartley Law. That section permits the states to outlaw union shop contracts under which work ers are required to join a union. Dirksen, leading the oppo sition to repeal, said he will keep his supporters geared to DTH Photos By ERNEST ROBL WEDNESDAY. OCTOBER 13. tivity as a small crowd watches. Five auto mobiles were involved in the accident. oppose the measure in the new session starting in Janu ary. In The New Auditorium Comments ranged from "It's really cool" to "Wonder if they'll ever finish it?". But all-in-all, students seemed to radiate a great deal of pride yesterday as they walked into Carmichael Auditorium for the first time. The occasion for the chris tening of the long - awaited edifice was Chancellor Paul F Sharp's University Day ad dress. A crowd of about 4,000 peo ple was on hand and there was no scrambling for seats, a situation previously almost unknown to most UNC stu dents. The great orange beams which told the story of the coming building last spring were gone yesterday. Cool Carolina blue covered the rafters as well as the nearly 9,000 seats. Workmen had been careful to remove all their hammers and saws, but the rough main floor and partially - construct ed basketball goals told the story of more work to come. Officials plan to have the auditorium completed before basketball season this year. CROWD OF 4.000 GATHERS FOR CONVOCATION 196; harp Fai By ANDY MYERS DTH Staff Writer UNC sang itself happy birth day yesterday, for the 170th time. Amid convocations and ded ications, barbecues and fire works, it w as fitting that Chancellor Paul F. Sharp re affirmed the University's faith in the student and asked for the State's faith in the Uni versity. Although he never men tioned the Communist speak er ban law in his speech in the new Carmichael Auditor ium, Sharp carefully drove in the point that the University "has passed the critical mass" stage, and to view it in the traditional sense is only con fusing. "External Forces" Sharp said that "external forces would reduce the uni versity to an indoctrination school or would create an at mosphere of ideological con formity." However, he added, these forces "are neither overriding nor are they permanent." "From time to time, they will have their brief day," he said, but "the university builds for eternity." "Of all the revolutions of our age, the quiet intellectual revolution on the university campus, touching almost eve ry field of thought as it does, is the most subtle and per vasive," he said. Harmon Speaks John Harmon, president of the senior class, spoke in be half of the students. Referring to the crisis of the university and its threatened loss of ac creditation, he said the stu dents "are all sorely consci ous of our present problems." "Minorities always shout the loudest and always seem to be noticed first," Harmon said "Let the silent majority raise its voice in support of our chancellor." "Remember, sir, it is our fight too . . . we beg you to enlist our help." Harmon re ceived a loud ovation from fellow students for his short speech. Sharp spoke to some 300 faculty members and almost 4,000 students and guests. President William Friday; William Snider, executive ed itor of the Greensboro Daily News; Professor Corydon P. Spruill; and Harmon, also spoke. Speaking over live state wide television, Sharp said the intellectual revolution is very difficult for the layman "and professionals alike" to inter pret. For this reason, he ap pealed to the people of t h e state to exercise restraint to keep the University free. Public Pressure Changes in the University, Sharp said, "have left nearly all of us troubled and with a feeling of inadequacy. The general public around us is sorely confused since it tends to see the university in its old er image as a small, compact institution, sensitive to public pressure and responsive to th - Asks St University In well - defined public needs." "Thus the voice of the pub lic rather plaintively asks, But don't we own the univer sity?' " The legislators also ask, 'But don't we pay for the university?' And the trustees ask, 'Why can't we know what is happening?' Sharp said this confusion ex tends to the administration and the students. "The facts are," Sharp said, "that as long as we persist in thinking of the university in tradition al, simple, and essentially ru ral terms most of us will re main bewildered and frustrat ed. "The modern university, having passed through its critical mass stage, had de veloped a life of its own that must be respected by all of us if the university is to pros per." The people, the legisla tors, the trustees, the admin istration and the students all have the power to destroy the university, he said. But we must ask, "Who has the power to energize, to build, to create and to inter pret?" We ignore reality if we see the university in a tradi tional sense, Sharp said. "Vested Interests" He asked the political lead ers of the state to use re straint in submitting to "in tense" pressure from "vested interests." Otherwise, "we will Phi Belts Named Best Campus Frat Phi Delta Theta social fra ternity was named the best all around fraternity on cam pus tor the year 1964 - 65 at a meeting of the Interfraternity Council Monday night. Zeta Beta Tau, Delta Kappa Epsilon and Delta Upsilon tra ernities were first, second and third runners up respec tively in the competition. The best fraternity trophy is presented to the house which accumulates the highest point total in academic and intra mural athletic competition. The IFC elected Lindsay Freeman, Dan Howe and War ren Wills to fill three vacan cies on the IFC Court. Two proposals redefining the status of inactive fraterni ty brothers were proposed at the meeting, and the body will vote on them next week. Sterling Phillips of Beta Theta Pi proposed that inac tives without minimum grade averages be allowed to eat and party at their fraternity houses and pay necessary house bills and assessments. Neil Thomas of Kappa Sig ma proposed that inactive rules be abolished altogether. A suspension of the rules to consider the two proposals im mediately failed to carry the necessary two - thirds majori ty of the body. Ken Mann of Pi Lambda Phi moved that the IFC vote to extend to IFC Court mem CHANCELLOR Founded February 23. 1893. ate s surely surrender educational leadership and quality educa tion to the private universi ties." Sharp said much of the con fusion stems from the "cul tural mix and diversity of students and faculty on the campus," And that student concerns often sound "unfa miliar and even frightening to some." He said "the gulf between the serious students and the Mickey Mousers was never wider." Some students, in their search for "the authent ic" life and seif - identity, are robbed of purposeful motiva tion and become "academic casualties." To an observer these stu dents are often frightening and unfamiliar, Sharp said. This leads to confusion in viewing the university. Search for "Authentic" Sharp added that it is not always best for the universi ty to" help release the "full po tential" of every student in his quest for "the authentic." "If a student's great poten tial is as a rascal, please ex cuse me from my obligation. What if his fullest potential is as a selfish, self - indulgent bigot? "He may have a high com petence in his professional field, and even a great love (Continued on Page 3) bers the power to line any fraternity which plays its jute box loudly enough to disturb other houses on Sunday through Thursday nights. Current IFC rules provide for the fining of houses only when the IFC receives com plaints from the police or townspeople. Vote on this proposal will also be held next week. Fraternities planning rush parties over the holidays may send out invitations beginning Nov. 1. The tenative date of Oct. 28 has been set for the annual fraternity highway clean-up day. Pledges are sent to pick up trash along highways entering Chapel Hill. Junior Weekend The entire campus is in vited to combo parties Fri day and Saturday nights w hen the Class of '67 holds its long - awaited Junior Weekend. Sounds of the "Hyster ics" will be heard Friday from 8 p.m. to midnight. Saturday the "Jets" will play from 8 to 12 p.m. Both parties will be in the Naval Armory. No ad mission will be charged. DELIVERS ADDRESS i ,,. ii..-iii-- ii ' " ' ' '-- ' " ' - ----- - - . - - - - ... - , - - - Hi 3

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