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Show The Salt Lake Tribune 12, 1984 Wednesday September A5 Nazi Comparison Was Rhetorical, Reporter Testifies in Libel Trial ATLANTA (AP) A reporter tes- tified Tuesday that he used a rhetorical device in a newspaper story when he compared physicist William Shockleys proposal for the voluntary sterilization of blacks to Nazi experiments during World War II It seemed to me that as a rhetorical device, there was nothing wrong with saying the Shockley plan was tried out in World War II, aid Roger Witherspoon, 35, a former reporter for The Atlanta Constitution He said it was fair to compare Shockleys plan to Nazi genetic experiments, but testified that his article was an opinion piece reflecting his own beliefs and that he did not intend to suggest that the two plans were literally the same Shockley is seeking $1 25 million in damages from Cox Enterprises Inc , publishers of The Atlanta Constitution, and Witherspoon for the 1980 article, which the physicist claims libeled him Questioned paragraph-by-para-grap- h about the article, Witherspoon cited conversations with Shockley or interviews with geneticists and others as the sources of his information Tapes made by Shockley of his telephone interviews with Witherspoon have been played for the jury Asked by defense attorney Terry Adamson if it was fay to compare the two plans, Witherspoon replied Yes The premise was the same Somebody from a dominant group decides his group is better and that the country would be better off if the bulk of a minority group isnt there Asked by defense attorney A1 Norman if he agreed w ith Shockley s the. ones, Montague replied I certainly do not I don't think Dr Shockley, with all due respect to his accomplishments in physics, is competent to discuss these matters Shockley, 74, shared the 1956 Nobel prize in physics for his role in the invention of the transistor Montague said the subject of genetics demands a kind of knowledge he obviously doesnt possess and added that Shockley "does not read and is unacquainted with the scientific repudiation of his views Earlier Tuesday, Vining rejected a defense motion for a directed verdict in the trial With the jury absent, Norman told the judge that Witherspoon's article, while couched in colorful, strong language, was an opinion piece which fell under the protection of the First Amendment These Shockleys theories are of the most volatile kind There should be speech and counterspeech, said Norman Earlier, anthropologist Ashley Montague of Princeton University told the federal jury he disagrees with Shockleys theory that blacks are genetically inferior to whites, and said he does not think the Nobel g physicist is "competent to discuss genetics Montague was the first defense witness in the trial that began last Wednesday Montague, who has lectured at major colleges and written textbooks on genetics, was accepted by U S District Judge Robert Vining as an expert witness on .genetics Prize-winnin- Associated Press Loserphoto UAW member Robert Hardacre, nick- named Odd Job, displays one of the signs i I union members began stapling together after a strategy meeting held in Detroit. NOW... UAW Claims There Is Time Left To Reach a Settlement With GM DETROIT (AP) - and joint meetings after it was delivwould change the way it does ered business and protect a significant portion of UAW jobs contract expires at The UAW-Gmidnight Friday. The union has told the company to assume that its 350,000 GM members wont work without a contract, although no official strike deadline has been set. Bieber said during a news conference that he was neither optimistic nor pessimistic that a contract settlement could come by Friday. I am hopeful, he said Bieber and Ephlin then left their news conference and disappeared into the unions suite of rooms at GM headquarters The union said no further status reports on the talks would be held until United Auto Workers union President Owen Bieber said Tuesday that General Motors Corp s job security proposal could be a basis for agreement before the contract expires Friday night if we can do an awful lot of reshaping and remolding " Neither side ha" disclosed details of the offer GM delivered Monday But Bieber and chief UAW bargainer Donald Ephlin said it didnt address the unions demands for curbs on overtime, which the UAW claimed would open up work for thousands of GM workers still on layoff The union also said a job security agreement would work only if it ran far beyond the standard three years of most UAW labor contracts Bieber and Ephlin said that demand also was not addresed in the paper but still would be pursued by the union Wednesday In these talks the UAW has placed job security ahead of its traditional top demands for increases in wages and benefits. The worlds largest carmaker said which set off exhausits proposal caucuses tive rounds of closed-doo- r The union says this is the year to draw the line with GM on its plans to reduce its U S. workforce while importing hundreds of thousands of cars from the Orient, and manufacturing and purchasing a variety of car parts n domestic abroad and in plants GM has replied so far that it must have the flexibility to make such decisions in a world market that no longer is dominated by American producers and their unions The company says its document preserves that flexibility while protecting jobs, although GM has declined to spell out details. GM said it probably would deliver a new wage proposal to the union Wednesday. The union rejected GM's initial offer of $900 in lump-supayments m two years, a freeze of the $9 63 an hour average base wage and slower increases in the current $3 04 an hour m cost of living allowances A judge reNEW YORK (AP) fused Tuesday to bar prosecutors from seeking an indictment of Labor Secretary Raymond J. Donovans former construction company or its officers, saying the firm had not shown the probe was politically motivated US District Judge Leonard B Sands ruling cleared the way for a Bronx grand jury to complete its investigation of allegations that the Schiavone Construction Co falsified records m a federally funded subway project He rejected the Secaucus, N J based company's claim that the probe was a veiled effort to embarrass Donovan, ts former executive vice president The company contended federal -- ZCMI CENTER authorities should handle the probe because it involved federal regulations The only interest Bronx District Attorney Mario Merola, a Democrat, could have was as it involves a Cabinet officer of the opposite political party on the eve of a presidential election, it said Donovan already was investigated twice by a special federal prosecutor, Leon Silverman, who found no evidence to support charges that he lied m denying that he had organized crime links while at Schiavone Donovan left the company when he joined the Reagan administration m 1981. Theodore Geiser, the Schiavone firms attorney, said he probably would Not appeal "Ill have many more battles to fight, he said W. According to Assistant District Attorney Steven Kartagener, the investigation into allegations of grand larceny, perjury and falsifying records is nearing an end Geiser said Donovan was among those invited to testify But Donovan's lawyer, William O. Bittman, said he had not been told that Donovan is considered a grand jury target. second Donovan lawyer. Dean Burch, said Donovan is willing to testify without immunity from prosecution if necessary. A Donovan issued a statement Monday saying he would cooperate with the investigation, but it was not im- mediately known whether this meant he would testify n - a ID BANKRUPJGYiRURGHASEHMUST THE CREDITORS' LOSS IS YOUR GAIN! 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