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’the red and black
Georgia's only collegiate daily newspaper
r r I M/’ 0" l'J/3
VOLUME 84. NUMBER 105
TUESDAY. MAY 2, 1978 UNIVERSITY OE GEORGIA
UNIVERSITY OE GEORGIA
NEWS 542-2441
ADVERTISING 542-3414
Mooney explains
damaging notes
By TOM BARTON
Staff writer
Taking the witness stand in his own
defense Monday. 29-year-old John
Mooney denied any part in the Aug 30
murder of T K. Harty and offered his
explanation for the two damaging notes
found in his possession
For over two hours in the morning and
another hour in the afternoon, Mooney
was questioned in the fifth day of his trial
in Clarke County Superior Court. As the
only witness called by the defense, he
was asked by defense attorney Ed ToHey
if he had paid to have Harty killed
“No I didn't, no It was not on my
orders, and it’s not on my conscience.’’
Mooney told the court lie also denic-d
killing Harty himself
Both the defense and prosecution
rested their cases in the trial of Mooney,
arrested last Oct. 8 and charged with the
murder of Harty. owner of T K. Harty’s
* Saloon. Mooney had operated Somebody's
Pizza, a business in competition with
Harty at The Station
. AI-SO CHARGED in connection with
I Harty's murder is Elmo Liston Florence.
4f>. an Atlanta electrician arrested Sept
| 23. The prosecution contends that
Florence was hired by Mooney to kill
I Harty.
While he was in Munich. Germany, for
the Oktobertest celebration. Mooney said
he had learned through a phone call to
^ his girlfriend that a warrant had been
issued for his arrest on Oct. 5
He then called defense lawyer Tolley in
Athens, who advised him to turn himself
i in. Mooney testified.
Mooney said he then jotted some notes
to later 'jog my memory'' when he
returned to Athens
MOONEY ADMITTED he wrote, See
1 Elmo - make offer to him - if worse
comes to worse to take the whole rap -
say robbery was motive - we have an
arrangement to take care of his wife and
family.”
The notes were later among the items
seized when Mooney was arrested in
Cobb County on Oct. 8. The defendant
said he had planned to talk to an Athens
attorney the next morning, before turning
himself in to Clarke County police
During a heated cross-examination,
Mooney was grilled by District Attorney
Harry Gordon about his explanation of
the notes.
“Do you expect this jury to believe
your explanation. Mr Mooney'’’’ Gordon
asked while shaking his finger at the
defendant
•THAT’S RIGHT,” Mooney replied
The defendant then claimed that the
notes were not written "in the same
context’’ that the prosecutor implied.
The last witness called by the
prosecution in their presentation was
Danny Whitehead, an inmate at the
Jackson County jail Mooney had served
some time in that jail since his arrest,
and Whitehead told of a conversation he
had with the defendant
“We compared cases,'' Whitehead
testified Whitehead, 22, had been
convicted with four other persons in a
contract killing in Barrow County last
year Whitehead said he was transferred
to Jackson County after flooding the
jail” in Barrow County.
“He (Mooney) told me he was the one
that paid to have TK Harty killed.”
Whitehead testified. "He told us how
stupid all of us were because there were
too many of us in on it.”
Mooney later denied any conversation
with Whitehead.
Closing statements will be made at 9:30
a m Tuesday, before the jury retires for
their deliberations
Art by LINDA WEATHERLY
Defendant John Mooney testifies in his own behalf before Judge Joe Gaines <r)
ON ORDER TO UNIVERSITY
Young talks law
Photo bv DAVID Tl'LiS
U.N Ambassador Andrew Young told Law Day conferees Saturday '...at although
South Africa is different front South Georgia. Ihe process of change doesn't have to be
different The ambassador called law not just an abstract commodity, but a means to
bring about peaceful change He also emphasized that change is attainable by
challenging existing laws See p 3 for details
Buses said fire hazard
B> SKI I’ III LETT
AsuisUnl campus editor
A Philadelphia engineering firm has raised doubts
about the structural soundness of General Motors
“advanced design” buses presently on order by the
University.
The New York Times reported April 22 that
Westchester County. New York, officials are holding up a
$10 8 million order for 105 buses of the same design as
those ordered by the University on the advice of
consulting engineers The engineers have suggested the
buses have structural weakness and dangerously
flammable exterior paneling, the Times Imported
James Farmer, head of the University’s vehicle
transportation and maintenance division, said the
University has ordered three of the buses, the RTS-2
transit coach, at approximately $90.ink) each for fall
quarter.
“This is the first we’ve heard of it <the Westchester
County situation)." Farmer said
GENERAL MOTORS has denied any problems exist
with the new design
The Federal Urban Mass Transit Administration in
Washington said last week it believed tests planned by the
engineering firm. Louis T Klauder and Associates.would
show there was no flammability hazard in the paneling A
spokesman for the administration also said he understood
from Westchester officials “the question of structural
integrity is now resolved." according to the Times
Klauder was scheduled to conduct tests starting last
week on exterior bus panels furnished by General Motors,
according to Keith Pitcher, assistant director of public
relations for General Motors’ truck and coach division
Pitcher said Monday nothing to date has been issued
indicating the results of the Klauder tests
In its February 1977 report. Klauder said information
received Iroin the Alleghenv l.udlum Steel Corporation on
the stainless steel used in the General Motors bus made it
“imperative” to study the problem of "potentially
excessively low-impact strength in the bus’ construction
l\ ADDITION, the report recommended studying
“unsafe conditions" found when a cigarette lighter was
used to ignite “acrylic fiberglass exterior skinning
material .” The report expressed concern about the rate of
spread of the ignited material
“Our position is that allegations contained in the
Klauder report are totally unfounded. ’ Pitcher said He
added Genral Motors is "confident that tests will confirm
the RTS-2’s safety factor ’’
Farmer said the University has ordered the new buses
"to bring our own fleet up to a point where we can
replace some of the older buses we presently have.” He
said the ages of the 17 General Motors and two Bluebird
coaches in use by the University range from 11 to two
years old.
Joseph Broadhurst. administrative director of business
services, said the University's preference for the General
Motors buses was due to "the type of buses we’ve
obtained from them in the past tend to withstand better
the loads and traffic we contend with here and they keep
us from proliferating maintenance expenses ”
BROADHURST SAID the questions concerning the new
buses structural strength and safety provisions will
“hopefully be completely resolved by the time the
University receives its order "
Farmer said the RTS-2 design is "very advanced” with
improved mechanical and design features which make it
less expensive to operate than the older buses
Court clerk
I decided today
Clarke County voters will choose among
(our candidates for clerk of Superior
Court during today's special election The
election will (ill the vacant position left
by the late King Crawford, who died in
office as clerk of court
The candidates are Don Bloemer.
Dolores Brooks Rachael Patton and Paul
R Dick' Williams
Gridder implicated in fight
By BOH INGRAM
Staff writer
Conflicting stories have arisen on the
arraignment of a University football
player in Clarke County Magistrate's
Court Friday on a charge of simple
battery
Judge Pierre Boulogne bound the case
over to state court where the case will be
tried during the court's June term,
according to Richard M. Lewis, defense
Tax exemption spurs controversy
By MIKE ROBERTS
Assistant city editor
Clarke County residents will vote today on the Freeport
amendment, which would allow tax exemption for certain
manufactured goods and raw materials Polls will be
open from 7 a m. until 7 p m
The amendment is in three parts, each of which must
be voted upon separately The first part would drop ad
valorem taxes for raw materials or goods to be finished in
manufacturing and used by Georgia businesses
The second part would eliminate ad valorem taxes from
finished goods of a business that stores the goods in
Clarke County for less than 12 months.
The third part would drop property taxes from finished
goods stored in the county before Jan 1 and which are
earmarked for shipment outside the county within 12
months
Clarke Countv Commission Vice Chairman Jewel John
said the passage of the bill would attract new industry to
the area and make the county competitive with oiher
counties which have Freeport
•'FREEPORT IS another way of attracting the type of
industry we want/' John said She added the county was
seeking low-polluting, non-nuisance industry.
Such industry would not overload the county's water
and sewer system. Assistant City Engineer Ben Williams
said
Another feature of the amendment would prevent an
overload on county taxpayers, commission spokesmen
said
In a statement to the press, ihe commission said. "The
provisions of Freeport would be implemented in stages-at
20 percent increments to minimize Ihe effects on the tax
digest Thus, any reduction of Ihe taxes on the goods and
materials covered by Freeport would not mean a shift of
this burden to the other properly owners "
The commission's statement late-led Ihe adoption of the
Freeport bill "critical" to the county 's future progress
John said the bill would not take effect immediately
The commissioners would have to decide when to begin
implementation, and such a decision would not be made
until an industry large enough to justify the tax cuts came
to the county. John said
"IN MOST CASES, any new industry would justify
beginning Freeport, the commission vice chairman said
Julius Bishop former Athens mayor and currently
member of the stale Board of Industry and Trade, had
said because it is close to Atlanta. Clarke County would
have an attraction for industry.
Two former county commissioners. David Firor and
Jim De LaPerriere. are opposed to the bill Firor said
new industry in Clarke County would bring jobs to
residents of surrounding counties
While jobs were taken outside Clarke County, the
problems nl new industry would be kept inside. Firor
.iddi-d
attorney
Michael Louis Brunson. 19. was
arrested on March 29 in connection with
an incident which occurred on March 1 at
the Sussex Club Apartments The
warrant for Brunson s arrest was sworn
out by Joe Clarke, a University student.
The warrant charges that Brunson
committed battery by "intentionally
hitting and kicking him i Clarke i while on
the ground " Clarke contends that
Brunson is only one of four people
involved in the incident
"MY ROOMMATE and 1 went ouLside
to help this guy - unidentified I push off his
car and four guys jumped me We know
the names of all four guys but he
i Brunson i is the only one we can prove,”
Clarke said
Later. Clarke admitted that the motive
for the fight was retaliation for another
fight that occurred two nights before the
incident at Sussex "A friend of his
< Brunson's i was involved in the first
fight," Clarke said
Brunson allegedly told the court he
asked three men to give him a ride from
the B A I. Warehouse to Sussex to see a
female friend there Brunson told the
court he was just an observer when the
fight started in the parking lot, according
to sources present at the private hearing
When Clarke got away from the other
three unidentified men, Brunson alleged
ly told the court he "got scared" and
joined the three men in a fleeing Camaro
the sources said.
TIIE FOUR men i Brunson was in the
carl then drove to an unidentified
apartment A witness at the apartment
described Brunson as neat and clean, a
striking contrast to the other three, who
were described as "dirty, ragged and
bleeding on the knuckles," sources
present at the hearing said
Brunson declined comment on any part
of the incident and said. "I don't know
who else was involved and if I did know,
I'd tell ” His attorney also declined
comment on the incident
Georgia head football coach Vince
Dooley acknowledged he knew of the
incident but claimed he "wasn’t aware
that Mike iBrunsom was implicated "
David Storey, sports information
director for the University, claimed that
he was unaware of the fight 'T'U have to
plead ignorance on this (the Sussex
incident l," Storey said.
Brunson, a sophomore, is a reserve
defensive tackle on the University team
He saw limited action with the freshmen
team last year
ACCORDING TO a source who asked to
remain anonymous, Brunson was not
identified by the plaintiff on the night of
the incident. Clarke said he later
identified Brunson as one of his
assailants. Clarke claims he "could
identify any picture of him (Brunson) at
any time You don't forget someone
who's beating your face in,” Clarke said
"We’ve been trying to keep this (the
incident) out of the papers but now I
guess all hell will break loose,"- Clarke
said News of the incident went
unreported in the media until the
arraignment