Today will be partly cloudy,
breezy and colder with a
high in the mid 50s. The
overnight low will be in the
The Committee on Student
Conduct is proposing some
changes In the Honor Code.
Nine proposals are being
considered. Please turn to
Serving the students and the University community since 1893
Volume 85, Issue No. 36
Monday, October 17, 1977,, Chapel Hill, North Carolina
Please call us: 933-0245
for 216 yards
By GENE UPCHURCH
RALEIGH The Wolves weren't
howling in Carter Stadium Saturday.
In fact, the only howling to be heard
anywhere around was in the Carolina
lockerroom as the players celebrated a very
satisfying 27-14 victory over the 20th-ranked
N.C. State Wolfpack, the first win over the
Pack in two years and the first for Carolina
in Carter Stadium since 1971.
The win was satisfying for three reasons.
For one, Carolina's offense, hampered
during the past weeks by injuries and
uncertainty, put together four quarters of
effective ball-control offense, dominating
the Wolfpack in every phase of offense but
passing. Carolina's defense played another
outstanding game, overpowering and
squelching State's offense while the kicking
game provided support which has been
missing so far.
"This was a tremendous win for us," UNC
coach Bill Dooley said after the game. "I
can't be prouder of our team. We came over
here ready to play an excellent team."
One player who helped to roll up the
statistics for Carolina is freshman tailback
Amos Lawrence, now a starter for the Tar
Heels rather than a reserve. And as he picks
up yard after yard in each appearance, the
whispers grow louder about the possibility of
rookie-of-the-year and all-Atlantic Coast
Conference honors. It isn't unreasonable to
prognosticate about such possibilities. The
small, fleet-footed runner twisted, turned
and outran Pack defenders to 216 yards on
28 carries, including a 53-yard gallop that set
up a Tar Heel score.
"Amos, he's something," Dooley said.
"He's hard to catch. Give him some daylight
and he's gone."
Quarterback Matt Rupee, hobbled with a
leg injury the past two weeks, recovered and
directed the Tar Heel attack.
Carolina's defense, however, was the
mainstay of , the squad for the afternoon.
Linemen and the ends became the pursuers
after crashing through State's porous
offensive line and trapping State's
scrambling quarterback J ohnny Evans in the
backfield numerous times.
Evans and State running backs proved
their potency and explosiveness on big plays
throughout the season so far, but the Tar
Heel defenders snuffed the Pack fuse before
Wilmington 10 attorney pities
three prosecution witnesses
By DAVID STACKS
DURHAM Wilmington 10 defense
attorney James Ferguson said Friday he
feels as sorry for the three prosecution
witnesses who changed their testimony as he
does for his own imprisoned clients.
"It's not just my clients whose lives have
been ruined," Ferguson said. "The witnesses
were all used as tools of the system. Their
lives have been ruined too. It's a tragedy for
The black Charlotte lawyer told a group of
Duke Univeristy law students he does not
believe prosecutors and judges involved in
the case have overtly conspired against the
10. But the case typifies racial injustices built
into the judicial system, he said.
"The whole case is an embarrassment to
justice," Ferguson said. "We've told that to
every judge and juror we've faced."
A jury of two blacks and 10 whites
convicted the Wilmington 10 in 1972 after
burning, looting and racial violence rocked
the port city in 1971. Prosecution witnesses
Alan Hall, Jerome Mitchell and Eric Julius
testified that Rev. Ben Chavis and nine other
defendants were at the scene of one of the
After the trial, the thrc prosecution
witnesses recanted their testimonies. The 10
were given a post-conviction hearing last
spring, where Ferguson unsuccessfully tried
to persuade Superior Court Judge George
Fountain to grant the 10 a new trial in light
of the witnesses' recantations.
Chavis and eight other defendants still are
serving prison sentences of up to 30 years.
The 10th defendant, a white woman, has
Ferguson has appealed the case to the
N.C. Court of Appeals and the federal
courts, citing improper procedures in
selecting the 1972 jury and improper plea
bargaining with the three prosecution
witnesies. All three were being detained by
the state on other charges at the time of the
10s trial. The defense also has accused the
prosecution of withholding evidence that
could have helped the 10.
ft - -
l J) A;
N.C. State's Johnny Evans saw more of Carolina's defenders Evans and the Pack
than his own players in the Tar Heels' 27-14 smothering of the rushing while Evans
Wolfpack Saturday. Tar Heel tackle Dee Hardison here closes Jernigan.
in on Evans )ust as the scrambling quarterback throws a pass.
it could be lit. Evans was limited to one yard
net rushing on eight tries, while running back
Ted Brown led State's rushing with 57 yards
on 12 carries and fullback Billy Ray Vickers
netted two yards.
But when State had the football, it
mingled often with the balloons floating in
the air from the nearby State Fair. Evans
passed 35 times for 196 yards and the Pack's
Ferguson said the appeals process could
take as long as another five years. He said he
is prepared to stay with the case until it is
resolved in the courts or untilGov. Jim Hunt
grants the 10 a pardon of innocence.
"I am prepared to spend the rest of my life
on the case," Ferguson said. "I've already
spent half of my professional life on it."
Ferguson thanked his Duke audience for
giving up Friday afternoon activities to hear
him speak on behalf of the 10.
"1 understand how you feel," he said. "I've
given up my Fridays and Saturdays for the
last five years just on this one case."
Ferguson said he sees a fad developing in
the 10 case and other North Carolina cases
involving black civil rights activists.
"With the Wilmington 10, the Raleigh 2
and the Charlotte 3, I'm going to have to get
a numerical filing system just to keep up with
which of my clients is which."
One of the points Ferguson is basing the
10's appeal on is the makeup of the 1972jury
that convicted the group.
"I've often said I believe the two black
jurors are the same ones prosecutors carry
around in their back pockets," he said.
The Charlotte 3 jury also had two black
jurors who voted against the defendants.
The defense attorney said he had lost all
hope until Alan Hall recanted his testimony.
"Last year Alan H all called me," Ferguson
said. "I dropped everything I was doing,
hopped in my car and drove 350 miles so
Alan could tell me everything he and Jerome
Mitchell had said was not true. Jerome later
said he would change his testimony under
oath if I would get him out of jail.
"I told him, 'Jerome, I can't even get my
own clients out of jail, let alone you,' "
Ferguson said he believes Fountain did
not adequately review defense documents
after the post-conviction hearing earlier this
"It was a 1,700-page document at the close
of the hearing," Ferguson said. "But the
judge announced within 10 minutes after the
hearing was over that his order would not be
Please turn to page 3.
r r v
two touchdowns, both of which came as
flukes late in the game.
"We should've shut them out," tackle Dee
Hardison said. "They threw up some passes
and they caught them. We ran him (Evans)
all over the field and just as we'd hit him, he'd
thrown it up."
Evans threw the first touchdown pass to
tight end Lin Dawson with six minutes left in
The shared-ride taxi system in Chapel Hill
less than an average of 100 persons per
- , k
Prof confronts industry spokesman
Conference on unionism takes unforeseen turn
By MIKE COYNE
The conference on unionism and wages in
North Carolina held Friday at the Carolina
Inn, did not come off entirely as planned.
The purpose of the conference, according
to Dr. Thomas Kniesner, conference
coordinator, was "to correct popular
misconcpetions surrounding the economic
benefits unions do or do not provide for their
members, to identify some of the social costs
of increased unionization of the labor force,
to explore alternative governmental policy
approaches to increasing the incomes of
North Carolinians, and to demonstrate the
ability of the intellectual community to
provide high-quality technical advice on an
important social issue."
The conference, however, became an
arena where an industry spokesperson
denied that a low-wage problem existed in
North Carolina and that unionization would
cause higher unemployment.
svMfe , -?;. ;fi
' . s
running backs managed only 61 yards
threw for 196 yards. Staff photo by Allen
the game and barely avoided getting trapped
by defenders nearly 20 yards behind the line
of scrimmage. The other State score came
two minutes later on a desperation pass by
Evans into a crowd of Carolina white and
State red jerseys in the end zone, which
Please turn to page 9.
is having its troubles. The taxis are serving
In return, a University faculty member
charged Burlington Industries with trying to
give the impression that its report was
sanctioned by UNC, and that it was using the
conference as a platform to attack unionism
in North Carolina.
In his speech, Burlington Industry
spokesperson Richard F. Potthoff said that
if North Carolina earnings, ranked 49th
nationally, are adjusted in consideration of
certain factors, the real earnings will
compare favorably with the rest of the
The factors that Potthoff took into
account were fringe benefits, earnings loss
because of unemployment, cost of living,
under-reported earnings of farm residents,
age distribution, years of education and
quality of education.
Potthoff said that although the original
figures show a definite difference between
earnings in North Carolina and the rest of
the nation, "this earnings differential largely
disappears after adjustments are made to
No charges coming
in 'Avery incident5 :
not enough evidence
77i article was written and researched by
Elliott Potter, city editor, David Stacks, staff
miter, and Chuck Alston, state and national
A group of Avery dormitory residents
involved in a water-throwing incident
directed at a large group of black students
last spring will not face prosecution under
the Code of Student Conduct.
Citing a lack of sufficient evidence,
Student Attorney General Elson Floyd said
Thursday that no charges will be pressed in
what has become known as the "Avery
"There is not going to be any charge in it,"
Floyd said. "There is a lack of sufficient
evidence. And we are dealing with a time
While Floyd decided not to prosecute
because of insufficient evidence, he held for
some months a report, which he was unable
to use, compiled by the University Police
containing signed confessions of
involvement by some of the Avery residents.
Floyd, who would not discuss his
investigation at length, would say only that
"an eyewitness would have been helpful."
As for the time factor, about six months
have transpired since the incident took place.
The Incident, the implications
Following the April 19 incident,
approximately 10 black students
approached Frederic W. Schroeder Jr.,
director of Students Activities in the
Division of Student Affairs, seeking
prosecution of the white Avery residents and
charging that the incident was racially
The Code of Student Conduct prohibits
the physical abuse or hazing of any member
of the U niversity community on state-owned
premises. Expulsion, suspension or lesser
sanctions may result from a violation of the
Under the Instrument of Student Judicial
Governance, possible student conduct-code
violations are investigated only after a
formal complaint is filed. Schroeder said the
black students were "formally complaining."
In a letter to a housing department
official, dated April 22, Schroeder described
the incident denoted in his conversation with
"On Tuesday night, April 19, at
approximately midnight several groups of
black students were assaulted with plastic
bags of water and racial and obscene
epithets. It is their (the blacks') belief that
this physical and verbal abuse was racially
motivated rather than being a prank against
any students who happened to pass by."
In the letter, Schroeder said he and Harold
Shared-ride taxis lack use;
student input sought in study
By DAVID WATTERS
Chapel Hill's shared-ride taxi system will
probably experience modifications in
November because ridership has not reached
the average of 100 persons per evening
required to continue the system.
In a contract agreed upon by University
and town officials, the 100 figure was set as
the minimum tolerable level for ridership of
the shared-ride system. The officials agreed
that if ridership fell below 100, night
transportation would be re-evaluated and
modified if necessary.
Although few students have complained
to Student Government (SG) about the
system, SG's director of transportation is not
certain that students are satisfied with the
compensate or equalize for the geographical
differences in the seven factors just
Potthoff said that unions do not raise
wages, but rather "that high unemployment
is associated both with high percentage of
unionization and with high state minimum
wages," and therefore, "neither should be
Dr. Emil Malizia, associate professor in
the Department of City and Regional
Planning, opened his speech with an attack
on Burlington Industries, saying that it had
helped finance the conference in order "to
dress up" its report by making it appear to be
connected with the University.
"They (Burlington Industries) want
people to think that their report is Unviersity
sanctioned," Malizia said in an interview
earlier last week. He restated this belief in his
opening remarks Friday.
Malizia said four of the seven points in
Potthoffs report were invalid, and that only
the fringe benefits, unreported earnings and
Wallace, director of special programs,
agreed to "fully investigate the
circumstances described with the intentions
of bringing such incidents to an immediate
halt and referring chargeable incidents to the
student judicial system for action."
A subsequent investigation was carried
out by University Police Lt. David E.
Williams. Following his investigation,
Williams filed a comprehensive report on the
incident containing accusations by 15 black
students in the form of depositions.
The blacks were part of a delegation of
Black Student Movement (BSM) members
returning from a Campus Governing
Council budget meeting.
No racial motivation
In addition, the report contains the
accounts of the incident submitted by seven
Avery residents. In the report the Avery
residents confess to varying degrees of
participation in the incident, but all said the
incident was not racially motivated.
In his summary of the investigation,
Williams agreed with the residents: "The
Avery incident appears to have been a prank
incident that later turned racial, rather than
being racially motivated from the beginning.
Please turn to page 2.
gets narrow okay
in OWASA vote
The proposed Hillsborough water
pipeline was approved by the Orange
Water and Sewer Authority
(OWASA) Thursday by a narrow 5-4
The vote marked the town's first
action on the water shortage since
Durham water purchases ended last
OWASA will take bids on the
pipeline this week, according to
OWASA Executive Director Everett
Billingsley. Construction should begin
in November, and the pipeline is
expected to be completed March 21.
Cost of the pipeline will be $1.5
Thirty percent of the money for the
pipeline will be provided by a federal
grant, and 70 percent will come from a
federal loan. OWASA will repay the
loan over a 35-year period.
Please turn to page 4.
new system. Taxis serve less than 65 persfts
per evening, while the fixed-route buses
avereaged 170 riders last fall.
Paul Arne, SG's director of
transportation, said he needs to have more
comments from students on the shared-ride
taxi system before he makes a
recommendation for modifying the system.
Arne said he has had almost no comments
from students about whether they like or
dislike the system.
"If we do not get any input saying students
are upset by the lack of a fixed-route bus
system, then we have to assume the taxi
system is acceptable," Arne said. The shared
ride taxi system is considerably less
expensive to operate, according to Arne.
Please turn to page 7.
cost of living were viable.
The Burlington report was an in-house
study, Malizia said, and therefore is biased
"I think that the best way to hide the
existence of power is to deny its existence,"
Malizia said about the Burlington Industries
report, "and that is what they have done
The conference on unionism and wages
had an unexpected twist. Wilbur Hobby,
president of the state AFL-CIO, was denied
a request to put forth organized labor's views
on unionism in North Carolina.
In denying the request, James Murphy,
conference chairperson, said that if Hobby
were given the time to speak, others also
would have to be recognized.
The conference was sponsored by
Burlington Industries, UNC and UNC's
Department of Economics. Burlington
Industries financed approximately 75
percent of it, according to Kniesner.