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Show THE HERALD, Provo, Utah, Page 4 Thursday, June 30, 1983 High Court Rules Provoan Retrial OK LAKE CITY (UPI) - The Court has ruled Utah Thistle Benefit Raises Money, Mopes By JOSEPHINE ZIMMERMAN Herald Staff Writer estimated $20,000 was realized from last night's Utah Symphony Pops concert for the Thistle Relief fund, according to Vee Hull, who with her husband Paul is chairing the relief project. An Mrs. Hull said most of the seats were filled for the popular concert, and even the few empty seats had been purchased by local businesses who contributed $200 to $300 for the benefit. With Charles Ketcham, assistant symphony director, at the podium, the symphony played to an enthusiastic audience that called them back for five curtain calls. Gov. Scott M. Matheson, who left the. Governor's Conference in Montana to appear with the symphony and narrate "A Lincoln Portrait," by Aaron CopThe land, was a crowd-please- r. audience called him back for several bows, and he Utah's governor and his sparkling outfit "seemed to mirror visually the western American Mark Bvrnei Photo flavor." Gov. Matheson J. WRIGHT By JUDITH Special to The Herald with The Utah Symphony technical support and facilities donated its provided by BYU evening in concert for the benefit of the Thistle Relief Fund at the Marriott Center on Wednesday. Charles Ketcham conducted and Danny Kramer served as master of ceremonies. Kramer I began the concert, which was Tpart of the Freedom Festival, by introducing the special guests Improves His 'Lincoln7 At who included Governor and Mrs. Scott M. Matheson and some of the former residents of Thistle. He noted that "the arts are fun and are for everyone," which the Utah Symphony proceeded to prove in good measure throughout the program. Although the Marriott Center cannot compare to Symphony Hall in Salt Lake City in acoustical properties, still for this concert with nearly half the seats filled with children the arena setting lent itself to a good view of the orchestra. The audience could easily see the workings of the orchestra, especially the activity in the percussion section, which is any child's first interest and which is often lost to sight when looking up to a stage. Many of the selections had solo parts for violin, flute, cello, and harp, among others and watching the superb artists of the symphony play was as educational and satisfying as hearing them. Many children must have left the concert having definite ideas on how to improve the sounds of the tam my g ("' the Provo schools and had lived in Elmer Roberts Jane Lee - John Arnold and Ellen McKell Lee. She married Arlo B. Schumway on April 3, 1940 in the Salt Lake LDS Temple. She was educated in Springville schools and active in the LDS Church, holding many positions. She was an employee at the Utah State Hospital in Provo for 17 years. Survivors include Jane Schumway Provo ali of his life. He worked as a larmer most of his life. He was active in the Senior Citizens and traveled extensively with that group. He was a member of the LDS Church. Survivors include two sons and three daughters, Dan Elmer Roberts and Glen Allen Roberts, both of Provo; Mrs. Barbara Jean Jones, Ontario, Calif.; Mrs. Wallace (Joan) Hamblin, Springville; Mrs. Jerry (Jane) Jacobson, Or em; one stepdaughter, Mrs. Evelyn Quaschnick of San Bernadino, Calif.; 16 grandchildren; 13 one brother, Jesse Max Roberts, Salt Lake City. Funeral will be Saturday, 11 a.m., in Walker Mortuary Chapel, 85 E. 300 S., Provo. Friends may call at the mortuary on Friday from 6 to 8 p.m. and Saturday one hour prior to services. Burial will be in Provo City Cemetery. her husband of American Fork; two boys and three girls, Gary L. Lee and Mrs. Brian (Jana) Park, both of Orem; Mrs. Calvin A. (Dianne) Wimmer, American Fork; Dale Lee, Highland; Mrs. Jim (Jill) Mills, Woods Mrs. Cross; 13 grandchildren; and Margaret Lee of Bountiful; one brother five sisters, John A. Lee, Bountiful; Mrs. Emma Cressal, Salt Lake City; Mrs. Lucille Hanks, Salem; Mrs. Grace Bate, Springville; Mrs. Ruth Jones and Mrs. Harriett in Burt, both of Mapleton. She was preceded death by one brother, Ted Lee. F,,norai win he Fridav. 11 a.m.. in the American Fork 13th LDS Ward Chapel, 975 N. 60 E. Friends may call Anderson ana Sons Mortuary on Thursday, 7 to p.m. ana Friday from 9:30 to iu:wa.m. ounai win uc in American Fork Cemetery. Elizabeth Mote - PLEASANT GROVE Elizabeth Mote, 74 , 995 N. 100 W., Pleasant Grove, died June 17, 1983 in Salt Lake City. She was born June 19, 1909 in Pueblo, Colo., a daughter of John and Mary Reece. She married Loring Mote He died in July She is survived by a number of nieces and nephews. Graveside services were conducted Thursday in the Pleasant Grove Cemetery, under the direction of Olpin Mortuary of Pleasant Grove. 1978. She was a member of the Episcopal Church. She worked for a number of years as a secretary in the office of Dr. Kartchner in Provo. At the time of her death she was business manager for Alpine Valley Care Center in Pleasant Grove. She loved gardening and handiwork. For News Tips Call 373-505- 0 $&.&&aviw&sx$ Extension 269 MO & 85 E. 300$. K I I PROVO A R V .6668 W '" Elmer Roberts Funeral services will be held Saturday at 11 a.m. in the Walker Mortuary Chapel, Provo. Friends may call at the mortuary on Friday evening 8 p.m. or on Saturday one hour prior to services. Interment Provo 6-- City Cemetery. Jeremiph Rowberry Funeral services will be held Saturday at 2 p.m. in the Walker Mortuary Chapel, Provo. Friends may call at the mortuary frosn 14 p.m. Mortuary Services 373-184- 1 Robert Kip Olson Funeral services will be held Friday at 11 a.m. in the Orem 51st Ward LDS Chapel, 1650 S. 200 E., Orem. Friends may call at Berg Mortuary of Provo Thursday evening p.m. or at the ward chapel on Friday one hour prior to services. Interment 6-- 6 Provo City Cesnetery. Supreme Story, selections from E.T., themes from Annie, and additional numbers from Bizet, that Provo lawyer John D. Mussel-ma- n can be retried on a forgery charge without running the risk of "double jeopardy" being tried twice for the same crime. The court ruled the retrial will not constitute double jeopardy because the dismissal of the forgery charge was not based on the factual question of guilt or innoc- de-Fal- Antonin Dvorak, and The concluding number was a rousing rendition of Semper Fidelis by John Philip Sousa. After the concert, Thistle victims were hosted at a special reception at the Marriott Center. The reception proved to be a cheerful reunion for the former residents, who have been separated in several different communities since the water of This- ence. The Utah County Attorney intends to follow up on a retrial or a spokesman said today. The unanimous opinion, written by Justice I. Daniel Stewart, said Musselman was charged in 1979 with forgery and theft by deception. After the state's presentation of evidence at Musselman's trial, his attorney asked the charges be dismissed, he wrote. Justice Christine M. Durham, who was a Third District Court judge hearing the case in Fourth District Court, found Musselman not guilty of the theft charge after tle reservoir engulfed their small community. Included in the party was Jones, who celebrating her 90th birthday at an LDS Ward party in Birdseye when the evacuation alert came for the Thistle residents. Mrs. Hull reported that between $18,000 and $19,000 was Vi-la- te raised for the Thistle Relief Fund prior to Wednesday night's concert. The goal is $500,000. the prosecution's case was g events Additional are planned, including a July 4 youth record dance, a booth in the Provo Tabernacle area to sell records and handcrafted items by young people of the valley, and later a marathon fund-raisin- presented because the state failed to prove criminal intent, Stewart wrote. After the defense presented its case, Durham granted a motion to dismiss the forgery charge. race. The Relief Fund is also sponsoring a float in the Provo parade Remember with Flowers their schools' instrument caches. Governor Matheson, according to Danny Kramer, had a goal of improving his performance of Copland's " A Lincoln Portrait" because he had received less than rave reviews in his first attempt. The Governor's attire dark suit and white carnation contrasting with black and silver (very fancy) cowboy boots seemed to mirror visually the western American flavor. The governor showed a good send a beautifully designed arrangement, call or visit . . . To sense of timing; his articulation was excellent; the timbre of his voice blended with the music, and he was able to project dynamic intensity especially in the final phrases. He should be invited to perform in further such occasions to increase his confidence. He was obviously delighted with his performance and was resoundingly called out for a third bow. Jeppson's Ith-r- Businen e is Blooming PROVO FLORAL visual presentation, A ffg,? 205 West 400 Morth Provo 373-449- 8 produced and directed by Beti and Vinny Trauth, documented the history of Thistle Lake. & GREETCIOUSE helping you say it right Schumway Jane Lee SchumAMERICAN FORK way. 61, died Tuesday, June 28, 1983 in a Salt Lake City hospital. She was born Aug. 6, 1921 in Mapleton to SALT Our Flowers Say What You'd like To Say f Elmer Morgan Roberts z m works, including Leonard Bernstein's Overture to West Side Marriott Center bourine, triangle, and drums in Obituaries Elmer Morgan Roberts, 87, of Provo, died Wednesday, June 29, 1983 in a local hospital. He was born Feb. 27, 1896 to Benjamin Morgan and Sarah Ann Milner Roberts. He married Ann Priscilla Beck on Dec. 23, 1925 in Provo. She died Oct. o, im. ne men mar- rioH Ruth (imfMnn nn 3, July 15, 1937. They later were divorced. He married Edna lona Frahm on Nov. 23, 1944 in Provo. She died Oct. 31, 1964. He was educated in com- mented with a wide grin, "I do hope there is a living in this sort of thing in the future." Danny Kramer, radio personality, served as master of ceremonies, and a special film produced and directed by Beti and Vinny Trauth was shown following intermission. The film featured footage provided by KSL, KTVX and KUTV, with black and white photographs by Meb Anderson, Daily Herald chief photographer. The Utah Symphony presented a varied program of popular Death Notices WIRE SERVICE University Mall 1 225-- 1 ' 121 and 201 W. J 1st S, Provo 373-70- 01 Rex L. Duke, 49, of San Clema former Orem resident, died Tuesday, June 28, 1983. Funeral will be ente, Calif., Saturday in the Lesneski Mortuary, San Clemente. Burial will be in a San Clemente cemetery. Jeremiah Rowberry, 33 ghpj 2, of Orem, died Wed. June 29 at Utah Valley Hospital in Provo. Funeral will be Saturday at 2 p.m. at Walker Mortuary in Provo. Friends may call at Uie mortuary Saturday from 1 to 2 p.m. Wendell Taylor, 77, of Spanish died Monday, June 27, 1983 at his Fork, home of Parkinsons Disease. Survivors include 11 grandchildren and 25 Funeral was today, 11 a.m., in the Walker Mortuary of Spanish Fork. Burial will be in Springville Evergreen Cemetery. FRIDAY AND SATURDAY ONLY! SIZE SET SET National Obituaries o Joe Delaney - Kansas City MONROE, La. (UPI) the AFC's 1981 running back Joe Delaney drowned trying to rookie of the year rescue two youngsters from a waterhole even though he could not swim. '"He saw them get into trouble," said police officer Marvin Dearman, a member of the police diving squad. "We think he dove down not knowing how deep it was and couldn't find the bottom to push up." deep pit Delaney, 24, leaped into a created by construction of a waterslide at an amusement park in Chennault Park, on the outskirts of Monroe, when he saw three boys in the pond. Two boys died as a result of the accident and a third youth swam to safety and got away before police could question him. Police divers recovered the bodies of Delaney and one of the youths, Harry Holland Jr., 11, of Monroe. Lancy Perkins, 10, of Rayville, La., died early today at St. Francis Medical Center in Monroe. "Joe was like a breath of fresh air," said Jim Schaaf, the Chiefs' general manager and vice president. "He was so friendly and easy going and fun to be around. He loved his family, loved life and loved football, and everyone who knew him or had an opportunity to be around him loved him." Delaney was the second pro football player from Louisiana to die this week. Larry Gordon of the Miami Dolphins died of a heart attack while jogging in Phoenix. Gordon was from Monroe. "He was just a very happy guy," said Gary Green, a Kansas City teammate. "He spent every moment enjoying life. He's just a guy that's liked not just for his football antics." Authorities said Delaney, a former rushing standout at Northwestern State University in Natchitoches, lived in Ruston but was visiting Monroe for the day. 184, was the Chiefs No. Delaney. 2 draft choice from Northwestern in 1981. He underwent surgery May 19, 1982, for a detatched retina and his play was limited this past season. He set a club record rushing 1,121 yards in 15 games in 1981 and had the longest qm (82 yards) and the best individual game 193 yards! of any back in the NFL that season. Delaney was recognized by his AFC peers as offensive rookie ol the year. He was also chosen UPl's AKC rookie of the year. Delaney is survived by his wife Carolyn, two young duiiKhlers and an infant son. KING KING SIZE SET SIZE SET waterbed "Floatation" .IBgjc NlwMtTyptl Tried '209 'TwinSixe, iniM OuM Cm a regular waterbed and didn't like it? Gome stretch nit nn fhie nam only SET SIZE ;floatatioh;;bedand yuuii leany notice the difference. like a regular bed with soft sides ULL-blZ- $24 E OUTFIT. 5 289 a 337 QUEEN-SIZ- E 0UTm- "- looks and quilted top. IkctMMI 5 KING-SIZ- E OUTFIT............ sm . 7 rT . - i . 1 il ' BUDGET COLONIAL finish with laths- Lustrous dark-piturned spincto posts and head and footboards. nt mini-spin- , i STURDY BUNKHOUSE Authentic Eary American trying with distinctive curve top rah. 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