Bennington Banner from Bennington, Vermont • 12

2 2 p.m.. 00 BENNINGTON BANNER BACK PAGE SATURDAY, OCTOBER 15, 1988 'Kissing sailor' settles Time lawsuit PROVIDENCE, R.I. A federal lawsuit against Time by a man claiming to be the sailor photographed passionately kissing a nurse at the conclusion of World War II was settled Friday. The photograph, taken by Alfred Eisenstaedt for the Aug. 27, 1945 issue of Life magazine, showed a nurse arched backwards in the sailor's arms, as crowds of people gathered in New York City's Times Square to celebrate Japan's surrender to the United States.

District Judge Ronald R. Lagueux, in Providence, approved an agreement reached by attorneys for George Mendonsa, a 64-yearold fisherman who claimed to be the soldier, and Time which owns Life. There was no exchange of money in the settlement, although Mendonsa had requested $100,000 compensation in the suit he filed KAREN SCHWARTZ THE ASSOCIATED PRESS I know it sounds kind of funny, but people like me don't often do something George Mendonsa in June 1987 because, he said, the magazine was profiting by selling copies of the photograph for $1,600. "Time was never able to identify the sailor," said Laury Frieber, the New York-based attorney for Time. "We did not, as the result of the settlement make any representation as to who the sailor is." At least 23 men have told Time they are the sailor in the photograph, Legueux wrote in his consent judgement.

"I know it sounds kind of funny," Mendonsa has said, "but people like me don't often do something famous, regardless of how insignificant it seemed at the time. I owe it, in part, to the men I served with." A motion by Time to dismiss the case was denied in February, and a jury trail was scheduled to start next month. "We are very pleased," Ms. Frieber said in a telephone interview. "We consider the result a victory." Mendonsa asserted in his suit that certain characteristics of the sailor in the photograph supported his claim, including a tatoo of the letters on the right forearm; large hands, suntanned from fishing; chevrons indicating the rank of U.S.

Navy Class Petty Petty Officer protruding from his pants pocket; distinctive ears and a scar on the right eyebrow. The woman standing behind the soldier to the right, Mendonsa said, is his wife Rita, then his girlfriend. Mendonsa hired Richard M.A. Benson, a photography expert and instructor at Connecticut's Yale From the George Mendonsa, who claimed taken by Alfred Eisenstaedt, is holding a copy of the photo. University, to examine the photographs and submit his report to the judge.

"While I am satisfied that the tatoo does indeed exist on his arm and that he was indeed a First Class Petty Officer in World War I1, I am unable to positively identify these items in the photograph." 3esnson wrote in his report. He said, however, that the physical traits, which included not only the tanned hands, ears and scar, but "an unusual bump" on the inside of the left arm, which both the sailor in the photograph to be the kissing sallor in the famed settled his federal lawsult against Time SMACK ROUND SEEN AP file photo end of World War Il photo on Friday. Mendonsa and Mendonsa had. ine the consequences if anytime a "It is impossible for me to be- figure could not be lieve that George Mendonsa and recognizable. the involvement of the sailor in the photograph could the subject or its descendants," he share this physical oddity and not said.

be one and the same As part of the settlement, Benson wrote. Mendonsa acknowledges that Time, however, asserted that Time possesses a valid copyright even if the man in the photograph and may use the photograph as it was Mendonsa, the magazine was likes. entitled to use the picture under "All that (Mendonsa's) getting the First Amendment of the U.S. is that he's been given an opConstitution. portunity to get that report in "The ramifications are stagger- there that says he is the sailor in ing," said Harry Johnston, vice the picture," said Mendonsa's atpresident and general consul for torney, Patrick Hayes Sr.

"'We're Time's magazine division. "Imag- 85 percent satisfied." 5-year-old's testimony leads to conviction on June 27, 1987. Carriger called himself as a witness Friday and under Barnard's cross-examination said he felt the allegation was the result of a conspiracy plot against him. In closing arguments, the 35-vearold former Bennington man told the jury the child did not positively identify him, and asked for acquittel, "If you exclude my testimony and every bit of evidence I've submitted and every statement I've made, her testimony alone would find me not guilty." The jurors, who took just over two hours to render a guilty verdict, would not comment on the deliberations "It was a very emotional and intense experience for all of us," the foreman said. "Really, I'd talk to you about any other case, but I'd rather not talk about this one." Judge Mandeville appointed attorney Raymond Bolton to help Carriger prepare his defense.

After the guilty verdict was read, Carriger deferred to Bolton, who will prepare post -trial motions in an attempt to stay the conviction. Bolton has 10 days to file the motions. Carriger pleaded innocent last October to sexual assault against. the girl, who was 4 years old at the time of the incident. Four days later, during, breakfast, the child abruptly brought the assault to her mother's attention, mispronouncing a foursyllable word used to describe the sexual act.

"At first couldn't really believe she was saying that word," the victim's mother, who asked not to be identified, said Friday. "I asked her where she learned it. When she told me we went straight to the "I'm glad this is over. We can finally sleep at night now, knowing that he'll be in jail. And I think she'll sleep better.

She had nightmares for a while, but less N.H. Police: Suspect confessed to 17 of 20 arsons suspected of setting. Jefferson, population 850, has had 21 suspicious fires since May. Nearby towns have had at least three others, including one Oct. 3 In Dalton for which a second suspect, volunteer Jefferson firefighter Lawrence Coulter 19, was charged on Thursday.

At arraignments Wednesday and ASSAULT from page ARSON from page AT AND RIMS IN STOCK PRICES Extravaganza REASONABLE Buffet 1 to BIG BOYS' TOYS Dance to Rte. 67A, Papermill Village Music G.MC Vt. 447-1721 Limited Lots of VFW No. GOOD USED TIRES Oct. Crime of the week Manchester cops seek help catching 'brazen burglars' MANCHESTER The Police Department is continuing its investigation into a brazen burglary that occurred on Feb.

25 at approximately 1 a.m. Initial entry into the building was gained by prying open a rear door on the second story of the building housing several shops in the Factory Point Square in Manchester Center. Once inside, the perpetrators cut a hole through the office over the top of the Makati shop, thereby gaining entry. The thieves used a ladder that was outside to drop down into the shop. When they were inside the Makati shop, they used a chainsaw to cut a hole through an adjoining wall to get into Nina's Jewelry Once in Nina's Jewelry Store, they attempted to open a large safe, but were unable to do so.

They then proceeded to cut a hole through another wall and gained entry into the Gourmet Shoppe. In the Gourmet Shoppe, it appears that they fixed themselves a snack. At this point the perpetrators were BENNINGTON COUNTY CRIME STOPPERS 802-447-7575 802-362-3355 apparently scared off by a person who came to clean the shops. Officers arrived within minutes and searched the buildings and immediate area to no avail. All total, the thieves took a large amount of cash and did extensive structural damage to the building with a chainsaw and other power tools.

A butcher knife taken from the Gourmet Shoppe was recovered as the thieves fled. If anyone has any information regarding this crime, please call Crime Stoppers at 447-7575 or 362- 3355. CAMERA ing. He listened as Morin said that while the state has disclosed the existence of Lalumiere's admissions, it doesn't plan to let the defense see the actual statements and other evidence until a grand jury has returned indictments. The grand jury is tentatively scheduled to meet Nov.

3. Defense lawyer Philip Waystack of Colebrook told Perkins it is unfair for the state to cite the evidence but refuse to disclose it. "The state cannot have it both American Legion Post 13 CHRIS HARRINGTON Past, President HIS COUNTRY DRIFTERS Past Commander AT DINNER DANCE OKTOBERFEST '88 Oct. 15. STATE ARMORY -BENN Happy Hour G-6 Prime Rib Dinner 6 OCT.

21ST per person Music by MAYZ Drunk hiker charged after rescue THE ASSOCIATED PRESS CONCORD, N.H. Fish and Game officials are tired of risking the safety of search and rescue teams who often head up treacherous mountain paths in the middle of the night to help reckless hikers in trouble. This week, Fish and Game charged a Georgia man with reckless conduct after he got drunk on a mountaintop, was almost overcome by hypothermia and had to be rescued. It was the first time the department brought criminal charges against a rescued hiker, but they say it won't be the last. "We did it to make a statement, and the statement is that we are no longer going to tolerate this kind of activity on the part of the hikers," Henry Mock, head of Fish and Game Law Enforcement said Friday.

"Whenever we see something that is this flagrant, we will be considering these charges." Jeffrey Morgan, 30, of Atlanta, was charged Thursday with reckless conduct after rescuers were rousted in the middle of the night to help him off snowy Mount Moriah outside Gorham. He pleaded guilty in Gorham District Court and was fined $500, half of which was suspended. "The executive director, Donald Normandeau, made the decision to 'get tough with this business it's gone too so we charged him," Mock said. Morgan, Mock said, had been hiking the Appalachian Trail for six months. He hiked from Georgia to Maryland, then took a bus to Maine, where he turned around and began hiking south, authorities said.

"When he hit the North Country, he did not like cold weather, so he went into Gorham, bought himself a fifth of vodka and decided that would help him finish the trail," Mock said. He said Morgan was found "violently ill" at the top of Mount Moriah at 8 p.m. Wednesday by two hikers, one of whom was a doctor. "The doctor could see that he was also extremely hypothermic and was not going to make it unless something was done for him," Mock said. He said the two dragged Morgan from the summit to some shelter, put him in his sleeping bag and wrapped him in a space blanket before heading down the mountain for help.

At 2 a.m., they reached a house and called authorities. Mock said a fish and game officer and volunteer. headed up the mountain at 3 a.m., and reached Morgan at about daylight. Meanwhile, Mock said, a sizeable crew was mobilized to help carry Morgan down. Obituary and Funeral Elizabeth Kaywin Front Thursday, Lancaster District Court Judge Paul Donovan set bail for each at $50,000 cash.

In motions at separate hearings Friday in Coos County Superior Court, prosecutors asked that both men be held without bail Lawyers for both opposed the move, and Judge Harold Perkins 11 continued the hearings until next week. Lalumiere was unshaven and looked tired at his 30-minute hear- 1332 Starting Monday, 16 October 17 McDONALD'S 5 will serve breakfast Donation $4.00 until 11:00 a.m. Tickets $8 BENNINGTON Elizabeth Kaywin, 68, wife of Dr. Louis Kaywin of 149 Convent died Friday afternoon, Oct. 14, at Southwestern Vermont Medical Center.

Mrs. Kaywin was born July 19, 1920, in New York City, the daughter of Alexander and Sadie (Drucker) Rankin. She graduated from Brooklyn Jewish Hospital School of Nursing as a registered nurse. She married Dr. Kaywin in 1942.

The Kaywins had resided in Rosyln Heights, N.Y., for a number of years and Mrs. Kaywin had been employed in quality assurance at Queens Hospital and served as a Red Cross volunteer. She paticularly enjoyed cooking and knitting. The Kayw ins moved to Bennington one and a nalf years ago. In addition to her husband of Bennington, Mrs.

Kaywin is survived by two sons, Ralph Kaywin of Berkeley, and Paul Kaywin of Miami, a daughter, Laura Block of Bennington; a brother, Eugene Rankin of New Jersey; a sister, M. Beatrice Adelson of West Palm Beach, and five grandchildren. Services will be held Sunday at 1 p.m. at the Hanson-Walbridge Funeral Home. Rabbi Michael Szenes of Schenectady, N.Y., will officiate.

Interment will follow at the Bennington Hebrew Cemetery at Park Lawn. Wrin services ARLINGTON The Liturgy of Christian Death and Burial was celebrated on Friday morning, Oct. 14, at St. Margaret Mary's Church for Ellen Margaret Wrin of Arlington. The Rev.

George Dupuis pastor was the celebrant. Readings were offered by the Rev. Peter Putis and Joanne Riley. The gifts were brought to the altar by Mark, Megan and Erin Riley. Louise served as organist.

Interment followed in St. Columbans Cemetery, with Rev. Putis, Joanne Riley and great-grandsons Matthew Riley and Mark Kane. On Thursday evening Rev. Dupuis offered the recitation of the rosary during the family visitation at the Hanson-Walbridge Funeral Home.

Mrs. Wrin, a resident of Munn Terrace, died Tuesday at the Weston Hadden Convalescent Center in Bennington at the age of 96. Lewis services BENNINGTON Funeral services were held on Friday afternoon, Oct. 14, at the Hanson-Walbridge Funeral Home for Hazel Pratt Lewis of Yuma, Ariz. The Rev.

Louis Guariniello, pastor of the First United Methodist Church in Bennington, officiated. "The Old Rugged Cross" was offered as a special selection. A number of original selections by Mrs. Lewis' grandson Jeffrey Main were also offered during the services. Interment followed in Grandview Cemetery, North Bennington, with Rev.

Guariniello conducting the committal service. Serving as pallbearers were Mrs. Lewis' grandsons Steven Main, Jeffrey Main, Danny Main, Brian Main, Barry Main and Brian Kelley. Mrs. Lewis, a former resident of North Bennington, died Tuesday in ways," he said.

"It can't make use of alleged evidence, to detain this man, then hold that Waystack added: "We all must keep in focus (that) Mr. Lalumiere has certain constitutional protections. One of them is the presumption of innocence." Waystack asked for copies of all investigative reports on Lalumiere and any statements he has made to authorities; defense lawyer David King made a similar request. '88 3 ARTIC 440 '78 YAMAHA 340 SNOWMOBILES Covers On Trailer. All for $3,000.00 Call 447-2226 Yuma, at the age of 86.

Herow services HASTINGS-ON-HUDSON, N.Y. Committal services for Marion Herow, widow of Louis Herow, were held from Mount Hope Cemetery Friday morning, Oct. 14. Mrs. Herow, a former resident cf Bennington, died Wednesday morning at the McKerley Health Care Center in Rutland, following a long illness.

Funeral Arrangements were under the direction of the Mahar Son Funeral Home in Bennington..