KU
THE UNIVERSITY DAILY kansan
Serving KU for 77 of its 101 Years
WEATHER FAIR
77th Year, No.13
LAWRENCE, KANSAS
See Weather-page 8
Wednesday, October 5, 1966
Ruby conviction reversed
AUSTIN, Tex.—(UPI)The Texas Court of Criminal Appeals today reversed the conviction of Jack Ruby on charges of murdering presidential assassin Lee Harvey Oswald.
The court ordered a new trial.
THE UNANIMOUS opinion by the three-judge court said that Dallas Dist. Judge Joe B. Brown should have granted Ruby's motion for a change of venue.
In granting Ruby a new trial, the court ordered that the second trial "be changed to some county other than Dallas."
"During the trial, over the strenuous objection of the appellant that anything he may have said during police custody constituted an oral confession in violation of the statutes of this state and was not admissible . . . Sgt. Patrick of the Dallas police testified as to a conversation which he had with appellant before
Patrick Dean and Secret Service agent Forrest Sorrels arrived in his cell," the court's opinion said.
THE OPINION noted that Ruby agreed to answer questions, provided his answers would be for police purposes only.
The time element between Ruby's arrest and the conversation in question varied between 10 and 40 minutes, depending on whether Dean's testimony at the trial or his written report, made two days after the killing, is accepted.
The court noted that testimony given by Dean regarding a statement in which he quoted Ruby as saying that he would kill Oswald after seeing the "sarcastic sneer" on Oswald's face was ground for a reversal.
"Obviously this statement constituted an oral confession of premeditation made while in police custody and therefore was not admissible," Judge W. A. Morrison wrote.
REGARDING the change of venue motion, Morrison said, "It is abundantly clear from a careful study of both the Estes and Sheppard opinions of the U.S. Supreme Court and the record of this case that the trial court erred in refusing the appellant's motion for change of venue."
Joe Tonahill of Jasper, Tex., one of Ruby's attorneys, said it was "the end of a long hard-fought battle."
Tonahill said he thought Ruby now will get two to five years.
The court said:
"Not only are we bound legally by the holdings of the Supreme Court, but as practical public servants it becomes our duty to avoid the costs which are taxed against the state of Texas when one of our decisions fails to follow the rules announced by the Supreme Court."
ASC tables measure
Vote on oath delayed
By RUTH ROHRER
By RUTH ROHRER
The resolution supporting the test case against the Kansas loyalty oath was tabled last night at a special session of the All Student Council (ASC).
Jerry Bean, Abilene junior (KUPA—large men's) representative who introduced the resolution, said, "The resolution is merely an attempt to voice student opinion in a statement against the Kansas loyalty oath. The oath came about during an era of Mc-
Carthyism and has now outserved its purpose."
THE FOLLOWING resolution was submitted to the council: Whereas the signing of a loyalty oath does not serve as a deterrent to subversion, and whereas the mere existence of said oath restricts intellectual freedom, and whereas the necessity of one's signing such an oath is degrading to those who are sincere in their loyalty to Kansas and the U.S.; Therefore be it resolved by the Associated Students of the University of Kansas that the ASC of the University of Kansas supports those who would seek the elimination of the Kansas loyalty oath.
The resolution supports Gerald Ehrenreich, associate professor of the KU Medical Center in Kansas City, who says the rights granted by the first and fourteenth amendments and article one of the U.S. Constitution are violated by the oath, which must be signed by all state employees, including faculty members of state universities.
Council to start local fund effort
By CAROL DeBONIS
The KU Council for Progress will initiate its fund drive with solicitations in the campus community later this month. The campaign will be financed by a $.5 million grant, donated anonymously and making possible elimination of administrative charges on contributions.
Objectives and procedure for the campaign were outlined in a
letter Monday to faculty and staff members. The drive, to last three years, will be aimed at $18 million.
THE COUNCIL hopes to obtain as much money as possible with a high proportion of contributors, and to create and stabilize good will while doing so.
Soliciting groups will contact staff members. Contributors are not limited as to size of the gift and may specify its use if they so desire.
Buildings and Grounds workmen began Monday repairing the water line near the Museum of Art. They have been working through the night so that water services on the campus will not be affected.
-UDK photo by Dick Doores REPAIRING PIPE LINE
THE FUNDS will provide scholarships, fellowships, faculty development, opportunity funds, and buildings.
U.S. stops Viet bombs
—UDK photo by Dick Doorez
The reason for the suspension is to allow the International Control Commission to investigate alleged violations of 1954 Geneva agreement, press secretary Bill D. Moyers said.
"No bombing is taking place in the eastern sector of the demilitarized zone in an effort to permit the ICC to investigate
WASHINGTON—(UPI) The United States has halted bombing in the eastern sector of the demilitarized zone between North and South Viet Nam, the White House said today.
He read from a statement:
alleged violations of the 1954 Geneva treaty as it relates to the demilitarized zone."
Meyers refused to go beyond the brief statement.
Yearbook given top 66 rating
Cowboys! Shoot the bull at English Pro tomorrow
Tomorrow about 1.500 KU students who have completed their English requirements will take a proficiency examination for no credit.
The 1655-66 Jayhawker yearbook has been awarded an All American rating from the Associated College Press.
John Casady, Wichita senior and last year's Jayhawker editor, announced the award. Sharing the honors with Casady is David Dwyer, Joplin, Mo., first year law student, business manager for the Jayhawker during the 1965-66 printing.
And they must pass it—now or later.
James E. Seaver, chairman of the English Proficiency Exam committee, said the examinations will be given simultaneously at 15 locations.
The student element enters into the picture. And most of those
"I BELIEVE THIS number of students establishes a record," Prof. Seaver said. "Thirty professors have been assigned to proctor the locations."
Most students have received assignment cards, noting the location and time of the examination, Prof. Seaver said. In case some have lost their cards, Prof. Seaver will be stationed in Oread Hall, and another staff member will be in Malott Hall.
questioned don't mind taking the examination.
Walter Mooney, Wichita senior who passed the test two years ago, said, "A definite idea exists within the English Department that possibly some instructors don't place enough emphasis on standardized writing. Therefore, I feel the test is valid."
A GIRL WHO WILL TAKE the exam later thinks it is necessary. Twila Johnson, Cimarron freshman, said the need for good expression is a part of all occupations.
"The proficiency examination seems to be the best method of testing English ability for those majoring in English-related fields," George Mertz, Fort Scott junior, said.
Students enrolled in the College of Liberal Arts and Sciences, and the Schools of Journalism and Education must pass the examination, Prof. Seaver said.