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Frfeljry, Kovttnbcr S, 1S74
Tb Bs2y Tit l'.stl
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acdmnssiitoiie. revaciemce
by June Denlson
''" United Press International
WASHINGTON U.S. District Judge
John J. Sirica Thursday declared Richard,,
M. Nixon's secret tapes to be proper
evidence in the Watergate cover-up trial,
overriding defense objections that they were
illegal wiretaps and thus inadmissible.
In a brief courtroom statement, Sirica
ruled that the prosecutors had laid sufficient
foundation to admit the 26 tapes, which
include Nixon's White House conversations
between June 23, 1972, six days after the
Watergate bugging arrests, through April
26, 1973, as the alleged cover-up began to
unravel.
They are expected to be introduced
beginning Monday in the trial of five men
charged with attempting to cover up high .
level involvement in the break-in and
bugging of Democratic national
headquarters June 17, 1972.
In a last-ditch effort to keep the tapes
away from the jury, attorneys for defendant
H.R. Haldeman tried the surprise tactic of
arguing that federal law prohibits fruits of
illegal wiretaps as evidence.
Since the prosecution has offered no
evidence that any of the participants in the
conversations gave their consent to being
taped, Haldeman lawyer Frank J. Strieker
argued, the tapes thus are illegal
interceptions of wire and oral
communications and must be ruled .
inadmissible.
It was an argument never before raised in
the case, but it carried no weight with Sirica.
I think you have a different situation," he
said. "These tapes that are being
offered . . . were made at the direction of the
. President and kept in the general course of
business...
"My ruling is very simple. I don't think
Congress intended that statute to apply in a
situation such as we have in this case."
The prosecution has already played six
White House tapes as evidence, but these all '
8
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involved former White House counsel John
W. Dean III as a participant and were played
when he was on the stand and could vouch
t for them.
The remaining tapes involve participants
who cannot be called as government
witnesses primarily Nixon, Haldeman and
Ehrlichman and so the prosecution had to
lay an elaborate legal foundation for their
introduction.
There seemed to be.little doubt that Sirica
soon will order a three-man team of
physicians to go to California to examine the
former president and report back whether he
is indeed sick enough to be excused from
testifying at the trial.
Nixon's lawyers relayed the latest medical
report on their client to Sirica through a
sworn affidavit Thursday morning. It said
Nixon's recent surgery and subsequent post
operative complications could have resulted
in a terminal event and have left him so weak
he cannot undergo strain for at least two to
three months without a serious danger to his
health.
A.
recap rare
cnty
A . -
JLC JlJL
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by Alberto Zuazo Nathes
United Press International
LA PAZ President Hugo Banzer
marched into the city of Santa Cruz
Thursday with a force of paratroopers and
recaptured it from rebel army forces who
had revolted against the government earlier
in the day, the National Radio reported.
Rebel broadcasts said the insurgents had
seized control of Santa Cruz in a morning
rebellion.
There were no immediate details on the
fighting to regain the captured city, 540 miles
southeast of La Paz.
A government communique said rebels
fought government troops at Montero, a
small town 30 miles north of Santa Cruz.
Banzer first flew from La Paz to
Cochabamba, where he rallied a corps of
loyalist paratroopers and flew with them to
the outskirts of the rebel-held city that was
seized in the morning, the state radio said
With the aid of planes, air force cadets,"
and loyal troops in Cochabamba and Santa
Cruz, Banzer led the march on the rebel-held
city and crushed the uprising, the official
broadcast said.
A government communique blamed the
revolt on dissident members of the 12th
infantry regiment and the American-trained
antiguerrilla Rangers, who only three years
ago spearheaded a revolt that brought
Banzer to power. He formed a right-of--
center government that replaced the leftist
repine of Gen. Juan Jose Torres
Dissident members of two political parties
supporting Banzer, the National
Revolutionary Movement and the Bolivia
Socialistic Falange, backed the rebels, the
communique said.
Rebel radio stations in Santa Cruz
contained broadcasting throughout the
morning, claiming the uprising had seized
public buildings in the city.
The rebels said leaders of the rebellion
were Carlos Vaherde, a former Banzer
cabinet interior minister, and retired Gen.
Julio Prado.
Gen. Prado is the father of Maj. Gary
Prado, who led an abortive coup against
Banzer in La Paz June 5. The younger Prado
also headed the military unit which captured
and killed guerrilla leader Ernesto "Che
Guevara in 1967.
FEA head chosen without study
Wrong vote costs deputy his job
United Press International
CHARLOTTE Mecklenburg County
Sheriff Donald Stahl Wednesday fired one
of his deputies for voting against him in
Tuesday's elections, then fired a second
because he questioned the dismissal. '
Stahl, who narrowly defeated Democrat
John Kelly Wall in the elections, said today
that he first called Deputy Sam McCollum
over and told him he had heard that
McCollum voted a straight Democratic
ticket. Stahl is a Republican.
He said he did and so I told him, 'Well,
you're fired,"' said Stahl. "You know, I can't
imagine a man admitting that to the man he's
supposed to be supporting 100 per
cent . . . that's what really bothers me that
he would admit such a thing."
Later in the day, Deputy Ray Crist
questioned the dismissal and he, too, was
fired.
Stahl said he met with deputies about six
weeks ago and told them he expected 100 per
cent support from them and "If they couldn't
do that they were to leave then so there
wouldn't be any hard feelings.
"When anybody works for a political
candidate, he owes his loyalty to the man he
is working for and if he can't support him
and work for him he ought to leave," said
Stahl.
by Richard E. Lerner
United Press International
WASHINGTON President Ford chose
Andrew E. Gibson to head the Federal
Energy Administration without normal
advance background investigations so that
he could take over the job as fast as possible,
the Wfyite House disclosed Wednesday.
Presidential Press Secretary Ron Nessen
also said that Ford, who selected Gibson to
replace John Sawhill at the FEA on Oct. 29,
now has ordered a full field study including
an FBI inquiry before sending the
nomination to the Senate for confirmation
hearings when Congress returns Nov:" 18"
from an election recess.
But Nessen said that "as far as I know, the
President still intends to nominate Mr.
Gibson."
Nessen's announcements came, after the
New York Times reported that Gibson, 52,
was awarded a severance contract for SI
million over the next 10 years when he
resigned last May as president- of the
Interstate Oil Transport Company. Gibson
had been with that Philadelphia firm Only 1 6
months and, at about the same time that he
left, the company became closely affiliated
with the Cities Service Oil Company.
Nessen said that the President was aware
of the arrangements, although he declined to
say whether Ford knew about them when he
decided to give the top energy post to
Gibson.
"Because of the urgency in finding a
replacement for John SawhilL the usual
background checks were waived," the White
House spokesman said.
"Before the nomination is sent to the
Senate these checks will be completed."
Nessen was asked repeatedly Thursday
why the President found it necessary to move
so quickly in replacing Sawhill. He provided
no details, saying only that it's an important
position and Ford wanted somebody filling
it.
Gibson, 52, was head of the Maritime
Administration under President Richard M.
Nixon.
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CrOSSWOrd PUZZler . Answer to Yesterday s Puzzle
ACROSS
1 Fuel
5 Body of water
9 Liquid
measure
11 Small horses
13 Near
14 Make ready
16 Compass
point
17 Bitter vetch .
19 Blemish
20 Expire
21 Parcels of
land
23 Soak
24 Oceans "
25 Memoranda
27 Bog down
29 Quarrel
2 Spanish
article, '
3 High I"
mountain
4 Civil injury
5. Harbor
6 Number
7 Symbol for
nickel
8 Negation
9 Irishman
10 Approaches
11 Trousers
12 Observes
15 Baker's
product
18 Tales
20 Communicate
22 Rock
24 Dinner course
26 Female sheep
ELt k S2: a k j& i y a
Efriisr:,E a s jmE
EEDnto: .
PTaTs T E Ml V A L I C 16
usS SkS ix
30 Mohammedan 28 Make lace
name
31 Monetary
penalties
33 Barrel slat
35 Liberate
36 Parent
(colloq.)
38 Erase
(printing)
40 Ethiopian
title
41 Seraglio
43 Tattered cloth
44 Printer's
measure
45 Sure
47 A continent '
(abbr.)
48 Expel from
country
50 Walked
unsteadily
52 Soaks up .
53 Tidy
DOWN
1 Sponsor
31
Picture
holders
32 Sting
33 Besmirch
34 Kite
35 Man's
name
37 Worthless
leaving
39 Mild expletive
41 Possessive
pronoun
42 Attitude
45 Policeman
(slang)
46 Born
49 River in Italy
51 Note of scale
j?" 22 n 24
Dintr. by United Feature Syndicate. Inc.
j