The Daily Journal from Flat River, Missouri • 3

Page 3 The Daily Journal, Flat River, Friday, February 1, 1985 CDS OD'f 1 (QW dld Dim irio (1 2 CHARLESTON, W.Va. (UPI) -Lawyers handling the defense for Monsanto Co. in a multimillion-dollar chemical poisoning trial faced a doublebarrel attack from opposition attorneys and U.S. District Court Judge John Copenhaver. With jurors out of the courtroom when Thursday's proceedings ended, Monsanto lawyer Charles Love asked the judge how costs could be split to pay the federal court reporter to certify a transcript of the seven-month long case which Monsanto's own court reporters have been preparing.

His temper up, Copenhaver said the expense was the obligation of Monsanto. "Monsanto wanted it, Monsanto is the reason it's being done, and Monsanto will have to make some arrangements to pay for it," Copenhaver said sternly. "I don't expect you to leave your carnage here for the court to clear up for months and even years to come. I'm astonished that you're even coming to me with this now." Mouaanio attorneys were under his order to advise him by noon today what arrangements would be made to pay for the federal court reporter's work. Stuart Calwell objected when Love told the court the testimony of a West Virginia University doctor would have to be interrupted and finished later to allow another Monsanto witness to testify.

"This is the third time we've been asked to interrupt our cross-examination because this multinational corporation cannot get its act together," Calwell said. Alluding to Monsanto's "incredible mix-up of witnesses," Calwell said, "We pulled our case off without a hitch." Love attributed the snafu on Calwell's case taking longer than expected. The judge informed the jury that WVU doctors who performed medical evaluations for Monsanto "were not working on a WVU project per se." Monsanto paid about $200,000 for the work. The money went into a fund which is, in part, used to pay the doctors' salaries, Copenhaver told the jury. One of the doctors, Robert Waldman, concluded his testimony Thursday, while another, Warren Point, began his testimony.

Waldman testified that one of the men who filed suit against Monsanto, John Hein, has a better than 50 percent chance of not dying from bladder cancer in the next 5 years. Hein and six other former workers at Monsanto's Nitro plant have sued iheir former employer, contending the St. Louis-based conglomerate failed to protect them from hazards of chemicals. The retirees say the chemical exposures caused serious, permanent health problems. The workers seek $4 million each.

Monsanto lawyers have countered that the defendant company too precautions. The chemical company has maintained that the workers' health problems were caused by their own lifestyles, not exposure to toxic chemicals. its sc oihr choroid with ndciricirincs Farm prices slide downward for sixth month offer daughter nearly froze OLATHE, Kan. (UH) A suburban Kansas City woman whose 3-year-old daughter nearly froze to death after being abandoned last month in a snowy field is to be arraigned on a misdemeanor charge Tuesday, authorities said. Jane Birmingham, 31, of Lenexa, surrendered Thursday to face a charge of endangering a child, said Johnson County District Attorney Dennis Moore.

Birmingham's attorney, Scott Kreamer, said his client was released on $1,000 bond and will enter a plea of innocent at the spent as many as six hours in temperatures in the teens. When the red-haired toddler was brought into the Olathe Community Hospital emergency room, she was not breathing and had no heartbeat. Doctors considered her clinically dead. However, she was revived and released from the hospital less than a week later with few apparent side effects. Upon her release Jan.

22, the hospital said Megan would continue to undergo physical therapy for her frostbitten hands and feet. where she was undergoing psychiatric tests and would probably remain at a Kansas City area hospital until next week's hearing. Moore said he planned to ask a judge to order a competency evaluation for He said that if she is found incompetent to stand trial she will receive psychiatric treatment until she is judged to be competent. Megan was found by a sheriff's deputy huddled in the snow Jan. 17, wearing only a light dress and tights.

Doctors said she may have court appearance Tuesday. The charge was filed against the woman Jan. 18, the day after Megan Birmingham was found with no coat or shoes in sub-freezing temperatures in a rural area. However, because Birmingham was sent to the hospital for psychiatric evaluation, the warrant for her arrest was not served. Kansas law prohibits the disclosure of a pending warrant until that warrant is served.

Moore said after Thursday's court appearance that Birmingham returned to the hospital WASHINGTON (UPI) A downward slide in prices farmers receive for raw farm products entered its sixth month with a 0.7 percent drop in January prices. The Agriculture Department said Thursday lower prices for eggs, apples, turkeys, hogs and cattle pulled down the average, which was offset partially by higher prices for lettuce, broiler chickens, corn, calves and lemons. Average prices were below year-earlier prices for the second month in a row, ending a 15-month period in which prices were higher than year-earlier levels. By mid-January, farm prices had fallen 7.G percent lower than a year earlier. The department revised its December figures, so that the December decline was 1.5 percent rather than 2.2 percent as initially reported.

The half year of price declines began this past August when it became apparent that 1984 crops were more bountiful than 1983's crops, slashed by the worst drought in a half century and the largest acreage cutback in history. The monthly price report also said farmers' expenses were unchanged for the seventh consecutive month. In January, declines in fuel, energy and interest costs were offset by increases in feeder livestock, feed costs and taxes. Compared to a year earlier, farmers' expenses were up 0.6 percent. The January index of farm prices was 134, with 100 equal to 1977 prices, while the farm expense index was 1M, compared to 100 for 1977.

January prices fell to 54 percent of parity, a standard that measures buying power of commodities, down from percent a year earlier. ourt decision fofe eoth row inmates ust rotr offices. Officials then feed the names and phones numbers into the computer and program the device to begin calling parents around dinner time. Some children now stay at home around dinner time and answer every call that comes to the house to screen calls from the computer. In the news BALTIMORE (UPI) Four Maryland high schools are using a computer to catch students playing hookey and tell parents when youngsters are skipping class.

An electronic telephone system calls parents to let them know their child missed school and asks them to send a note explaining the reason for the absence. Officials at Cllenelg, Milford Mill, Kenwood and North Carroll high schools near Baltimore say truancy rates have dropped by an average of 10 percent since they began using the $5,000 machine last year. At each school, teachers take attendance during the first period and send tallies to the administrative LITTIJS ROCK, Ark. (UPI) A federal appeals court decision that will force Arkansas to release or retry at least three death row inmates is an "affront" to the state's criminal justice system. Attorney General Steve Clark says.

In a landmark ruling on Wednesday, the 8th U.S. Circuit Court of Appeals in St. Ixuis, ruling on three Arkansas cases, said the exclusion of a person opposed to the death penalty from a jury in a capital murdercase automatically taints the trial and denies defendants-their; constitutional rights. The court followed up on that ruling Thursday, ordering new trials for or the release of murderers Eugene Issac Pitts, Paul Ruiz and Karl Van Denton, all convicted by penalized." The state Supreme Court has ruled that death-qualified juries do not violate the state Constitution. 'lark said Thursday that it hadn't leen determined whether the state would ask the appeals court for a rehearing or whether the ruling would bo appealed directly to the U.S.

Supreme Court, but he vowed that, one way or the other, the country's high court would eventually he asked to settle the matter. "These cases will eventually get (here, I promise you that," he said. "We can envision that these rulings, if you take them to the broadest extent, could extend to four, six, riuht. maybe 10 people on death row." i riminal justice system of the state of Arkansas," Clark said at a news conference at his office. "The 8th Circuit Court seems to be determined that there will be no executions in the seven states in the circuit.

Clark said Arkansas had the "most prodefendant" statutes in the circuit, contendinu that the state's prosecutors were "bending over backwards" to make sure that defendants in capital cases were Kuilty beyond a reasonable doubt. "What the court seems to be saying is that they are going to penalize us by saying that what our legislators and the Arkansas Supreme Court did is not right." Clark said. "For being committed to doing more than the law requires, we're Ming to be "death-qualified" juries in Arkansas. The appeals court refused to apply the ruling to another Arkansas murderer, Carl Albert Collins, who was convicted in 1974 in the shooting death of John Welch near Fayettevil-le, because he did not raise the issue on appeal. It did, however, vacate 'ollins' death sentence and instead imposed a sentence of life without parole.

At a news conference in little Rock Thursday, Clark said the rulings ran counter to decisions from at least two other circuits, and promised that he would do all he could to see that the ultimate decision is made by the U.S. Supreme Court. "In my judgment, these decisions represent an absolute affront to the SALES is Now In Town 107 COtUMBM HRMI1CT0N mm miwm omir murmi Federal prisoner indicted 4 m. CAPE GIRARDEAU, Mo. (UPI) -A federal grand jury Thursday indicted Donald Freeman for possession of cocaine with the intent to distribute and escaping federal custody one day after he was captured in Sikeston.

Freeman, 23, had escaped from the Cape Girardeau city jail on Jan. 17. He was being held there as a federal prisoner on cocaine charges. A second inmate escaped with Freeman but was arrested earlier this week in Oklahoma. Sikeston Police Chief Dan Hinton said Freeman had lived in this city for several years.

After his escape, police put several places where Freeman formerly visited under surveillance. Police determined Freeman was in one of the residences early Wednesday, and evacuated nearby homes before raiding the hmise. When officers determined that Freeman possibly was hiding in the attic, an order was issued to tear gas the house. Before the gas was released. Freemen He as ordered to stick his hands down from the attic, and was handcuffed.

The police chief said six ounces of cocaine and material used to cut and package the drug also were found in the attic He said five .38 cartridges ore recovered. IV A .3 St to tox receipts 4 r.y seventh month of the current (1985) fiscal year, Missouri has collected almost $1.5 billion in general tax revenue 14.9 percent more than the revenue receipts recorded in the first seven months of fiscal 1984. "Some of the increase can be accounted for by growth in the economy," Bailey said at a news conference. "But most comes directly from those changes (more rapid collections)." Bonne Terre Hospital to serve you yesterday and today. "Something the tradition of an established hospital "Something affiliation with Christian Hospital Northeast-Northwest, St.

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"We are actually collecting taxes faster." General revenue, which provides the bulk of state government's funds for appropriations for public services, comes from three major sources: receipts from personal income taxes, corporate income taxes and sales taxes. Through January, which marks the -X JOIN AAA AND REAP THE BENEFITS Towing changing flat tfarfng dllvrlmi gat AAA MAPS TftlPTIKS ROAD INfO DIRECTORIES THE MIDWEST MOTORIST fat's. CAVANAUGH INCOME TAX SERVICE INC. 13 South Franklin, Farmington Phone 756-2570 OYER 25 YEARS OF TAX EXPERIENCE OPEN 8:30 AM-5 PM Off EVENINGS BVAPPT MON. THRU SAT.

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