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University Daily Kansan
Tuesday, March 3, 1964
New Judge Probable In Jack Ruby Trial
DALLAS — (UPI) — Judge Joe B. Brown broke out in a cold sweat and went home sick on the advice of his doctor today just before the Jack Ruby trial entered its 14th day. Opposing attorneys quarreled over whether another judge could sit in.
First reports said Brown, 55, had a cold and fever.
JUDGE J. FRANK Wilson, who loaned his big courtroom to Brown for the trial of Lee Harvey Oswald's slayer, was checking statutes to see whether he could take over.
Wilson called District Attorney Henry Wade and defense attorney Melyin Belli into chambers.
"I am convinced it's all right," Wade said.
"It is like coming in in the middle of an argument," said Belli.
"I don't see why we can't wait until Judge Brown gets back."
WADE said he learned that Brown's physician told him last night not to come to court today. The judge was eating breakfast in a restaurant near the courthouse when he started perspiring profusely.
Wade was asked whether Judge Wilson might take over permanently. The question was whether Wilson, if he took over, would remain permanently as trial judge, Wade said it was "a possibility."
"The statute provides that in cases of sickness, disability, death or resigning another judge may be allowed to finish the trial," Wade said.
HE SAID he thought Wilson "will likely preside until Judge Brown gets well" then, he said, "we'll cross the bridge" of whether Brown would be permitted under law to take over from Wilson again.
Yesterday afternoon, there appeared in a corridor close to the press room in the courthouse Maurice A. Melford of Chicago, national director of the National Epilepsy League, Inc. With him were two Dallas press agents.
THEY WERE identified as Mrs. Mickie Sullivan and Thomas W. Armstrong. Shortly the three were served holding subpoenas procured by the defense attorney, who demanded they be held in contempt. The demand was denied, after much shouting and name calling in Judge Joe B. Brown's chambers.
What had happened was that the packets had been handed out containing a "Fact Sheet on Epilepsy" and a "Memorandum to News Media." The latter said that 1.8 million American epileptics were on trial as well as Ruby because of the "psychomotor epileptic" defense. It said there was danger that arguments during Ruby's trial could "even further prejudice the public" against epileptics who are decent, capable citizens.
Defense attorneys Melvin Belli
and Joe H. Tonahill, in furious denunciations, charged that the visitors were trying to pass the literature to prospective jurors. The visitors countered that a deputy sheriff had gone with them to prevent that from happening. Brown ruled that none of the veniremens had received them and no harm was done.
HE DENIED motions for contempt against Mellford and the district attorney who was accused of collusion, and for a mistrial. He also denied a change of venue because of the occurrence, which Tonahill called "one of the most dastardly acts known to humanity."
Tonahill previously, on the record in chambers, had called Melford "trash, dirt, subversive . . ." Melford said he only was trying to inform the press.
The New York Baroque Ensemble, a five-piece group that specializes in 14th and 18th century music, will perform at 8 p.m. to-morrow night in Swarthout Recital Hall.
Ensemble to Perform Baroque Music
Other instruments in the group are flute, oboe, violin and harpsichord.
The Supreme Court also ordered the re-drawing of U.S. congressional districts in Texas but left an avenue open for delaying the change until after this year's election.
al Hall.
The ensemble is under the direction of Howard Vogel, who plays bassoon and recorder.
The ensemble, organized in the spring of 1961, has toured the United States and Canada but has performed most extensively in the New York City area.
A suit involving a hospital in Newport News, Va., is in trial now, he said.
In a written opinion, the court ruled, 9 to 0, that the Federal Power Commission (FPC) had jurisdiction over wholesale sales of electric power in interstate commerce without regard to state regulation.
The program for their KU appearance will include "Quartet in G Major" by Telemann, "Concert Royal No. 4" by Coupin, "Kammer Trio in F Major" by Handel, "Sonatas for Harpsichord" by Scarlett, "Scintet in B Minor" by Loeillet and "Concerto in G Major" by Naudot.
Hospital Lawsuits Set As Result of Court Ruling
Tickets may be purchased at the Murphy Box Office, or at the Bell Music store. Admission price will be $1.79.
The decision was a victory for the city of Colton, Calif., which has complained to the FPC about a rate hike by Southern California Edison Co. Earlier, the state public utilities commission had approved the increase.
New York attorney Michael Meltzner, who represents the legal defense fund of the National Association for the Advancement of Colored People (NAACP), said law suits were planned for a number of other Southern cities. He noted that a spring trial already was scheduled on a complaint against Grady Memorial Hospital in Atlanta, the largest public hospital there.
WASHINGTON — (UPI) — The Supreme Court's refusal to disturb an anti-segregation order against two Greensboro, N.C. hospitals today foreshadowed a hospital desegregation drive throughout the South.
The Greensboro hospitals received construction funds under the federal Hill-Burton Act of 1946, which provides for grants paid to state treasuries.
The law allows "separate but equal" treatment of the two races. The 4th Circuit Court ruled this clause unconstitutional. It held further that the state and federal government were involved enough to permit invoking of constitutional rights by individuals dealing with the hospitals.
The 14th Amendment forbids states—but not private parties—to deny anyone "the equal protection of the laws."
A spokesman for the Health, Education and Welfare Department said the outcome clearly puts an end to any further "separate but equal" grants. As a matter of fact, none has been made since the 4th Circuit Court's decision on Nov. 1, 1963, the department stated.
The department has administered more than 7,000 Hill-Burton grants since the start of the hospital construction programs in 1948.
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The scientist, D. J. Levy, inventor of the technique, says the process has already been used successfully in the design of antennas for space vehicles.
Harold R. Willis, a Denver, Colo., safety engineer, told a meeting of behavioral scientists here that excess sleep causes carbon dioxide to accumulate in the blood. This has a similar effect on the body as too little sleep.
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SEATTLE—(UPI)A technique for spraying gold on—like paint is sprayed—may result in wider use of the precious metal, says a Lockheed Missiles and Space Co., scientist.
PALO ALTO, Calif.—(UPI)—Too much sleep acts like an anaesthesia on the human body and can cause serious errors in judgment.
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