Gorton To Appeal Petty Larceny Conviction
Farmingdale Public Library
Trustee Carl E. Gorton was convicted
of petty larceny by a six
man jury in District Court, Min-eola,
on Monday for confiscating
a literary magazine from the
South Farmingdale Branch, portions
of which he had belived obscene.
The jury took 28 minutes
to come in with the decision after
Judge Julius Chinman told the
jury the only issue for them to
consider was whether Gorton unlawfully
removed the magazine
and thus deprived other library
card- holders of their right to
read it.
Chinman would not allow Gorton's
attorney, Mason Hampton
Jr., to argue that the magazine
was obscene, and thus constituted
a public nuisance and
that Gorton had a common law
right as a citizen to do away with
such a nuisance. Hampton also
tried to interject that Gorton was
singled out by the library because
he was a member of the
John Birch Society. The judge
had earlier told the court, " This
man is charged with petty larceny.
He is not being tried on
the charge of being a Communist
. . . of being a member of the
John Birch Society. . . or being
a member of a country club or
lodge or any other organization."
Hampton said that he would
base an appeal on Chinman's refusal
to allow these portions of
his defense.
In the meantime, Judge Chinman
remanded Gorton into his
own custody and said that he had
to return to court on November
2 for sentencing. Gorton
could be jailed for one year and
fined $ 500, or bom.
Appearing as prosecution witnesses
for assistant district attorney,
James Laurie were
senior Librarian Edward K.
Horton, who had filed the criminal
charges and Orrin B. Dow,
Library Director.
On the witness stand as character
witnesses for Gorton were
Edward Werner of North Mas-sapequa
and the Rev. Charles
R. Grant, minister of the First
Baptist Church, Massapequa.
m the beginning when the attorneys
were selecting and eliminating
jurors, Laurie asked,
" Did anything that vou read in
the newspapers about this story
influence you". " Will you give
a fair and impartial verdict even
though the periodical is worth
only $ 1.25?" Several jurors were
eliminated. One because he said
he would be prejudiced against
the John Birch Society and another
because of forming an
opinion after reading about it in
the newspapers. Four men and
two women composed the jury.
The magazine, the Fall issue
of The Paris Review, had been
taken from the South Farming-dale
Library on April 5. Gorton
had explained on the witness
stand that it was^ my intention to
alleviate what was a moral threat
to my children*.' Werner had
characterized Gorton as being
" extremly truthful." The Rey.
Grant as being ' above reproach.
In charging the jury, the Judge
told the jurors that Gorton was
being charged with violation of
Section 1290 of the penal law, " a
person who with the intent to
deprive or defraud another of
use or benefit of property, or
willfully obtain or withold from
possession of the true owner."
According to Hampton who
spoke with reporters following
the trial, the library board, could
according to their own by- laws,
dislodge any trustee who received
a criminal conviction.
On Tuesday night, Library
Board President Robert Callahan
at the Board of Trustee
meeting read out a statement
regarding Gorton, ( see separate
story).
Capacity Crowd Hears Library Board
Issue Statement on Gorton
About 25 teenagers made up a
portion of the capacity crowd of
over 80 of District 22 library
taxpayers on Tuesday evening
to hear the Farmingdale Public
Library Board of Trustees
issue a statement regarding
Trustee Carl E. Gorton's conviction
on the petty larceny
charge on Monday.
The Board's joint statement,
issued by Board President Robert
M. Callahan and trustees Paul
Tilford and Mrs. Khan Musa,
noted that the conviction of any
person is " always a personal
and family tragedy for those
who must suffer its consequences.
We believe that a
principle has been firmly es-.
tablisfied clearly indicating that
one citizen may not take it upon
himself to remove from the library
any materials to which he
objects." The statement contained
no threat to Gorton's
future status on the Board and
concluded ' with the hope that the
library may continue in a calmer
atmosphere'.
Earlier, during the business
portion of the meeting, Library
Director Orrin B. Dow said that
the library's circulation was
down 2,600 in September over
the previous September and also
was down a total of 2,500 for the
first nine months of the year.
The library director received
permission from the library
board to close down the South
Farmingdale branch library for
one or two weeks during certain
hours of the day during
the construction of the new mezzanine
scheduled for next spring.
It was pointed out that if this
decision were reached now, the
bid specifications could be drawn
so that contractors would know
they could work without worrying
about the public.
Considerable discussion ensued
oh the art classes to be
offered at the library. Gorton
questioned the proposed $ 10
registration fee for the art classes
and asked whether it would
cover expenses. Dow explained
that the fee was not recommended
for this reason but to attract
only serious students. Last year
there was no charge for the
class and the library budget took
care of all expenses. Gorton
asked Mrs. Isabel Witonski, the
art consultant, about her background
and asked Dow whether
he was going to again recommend
the possible use of a nude
model. Mrs. Witonski said that
she was the one who had originally
suggested the idea and there
was nothing wrong with it. She
didn't intend to recommend it
this year since the class was of
a different nature. Dow also explained
that she was paid a consultant
fee for work on exhibits
and other library programs. Gorton
said that he thought it wise
to have fees for programs which
benefited a limited few.
Gorton also asked the Board
to reconsider the rehiring of a
page, David Simek, who had been
dismissed. Gorton contended his
dismissal was due to the alleged
fact that he had passed
out literature supporting the library
budget defeat.
The Board went on record to
commend State University Agricultural
and Technical College
at Farmingdale for opening their
library to the public. Trustee
Tilford suggested that Dow study
ways and means of letting the
public know about the research
facilities available there.
Gorton made a motion that all
trustees be allowed to have keys
for the library. The motion did
not pass. His reasons were for
emergencies such as the other
day when he saw books overflowing
from the library depository
in the central building.
A Gorton initiated motion passed
to have a flag flown from the
main library building daily.
The Board passed a motion
to allow the Youth Board to
make use of the library's community
room for ping pong and
other games at certain hours.
' Don't Procrastinate on Survey
CD. Head Says
" Don't procrastinate I'
That's the two- word message
issued this week by Gen. Joseph
A. Bulger, Nassau County Civil
Defense Director, to this area
homeowners. He said some
homeowners have been very
prompt in filling out the questionnaire
on home protection sent
them by the United States Census
Bureau but that others have
been indulging in the old American
habit of putting things off until
" manana" ( tomorrow).
All homeowners on Long Island
have received mail questionnaires
or personal visits
from Census- takers as part of a
program designed to insure that
each person can be assigned to a
protected place— either at home
or in a public fallout shelter—
in the event of a nuclear emergency.
The Director pointed out
that it is necessary for all homeowners
to answer the simple
questions posed in die questionnaire
and then to return the questionnaires
for the Census Bureau
to obtain accurate results
on how many homes can protect
itself against radioactive fallout.
" Each homeowner will receive
a confidential answer from die
Census Bureau as to whether or
not his or her home provides e-nough
protection," the Director
said. " Government officials will
get only statistical summaries to
show us what percentage of homeowners
in local communities can
be protected at home and what
percentage would have to be
moved to public fallout shelters
in an emergency." The public
shelters are mostly in schools,
office buildings, department
stores, and industrial buildings.
In other states where Census
Bureau surveys have been made,
the ration of returns of questionnaires
have been as high as 90%.
Sponsors Salute
GOP Candidates
A salute to the Republican
candidates in the Town of Oyster
Bay sponsored by the leading
merchants of Farmingdale will be
held on Friday, October 20 at
a dance to be held at the Sons of
Italy Hall in South Farmingdale
beginning at 8: 30 p. m.
Gorton wanted a motion passed
to purchase two or three ping
pong tables for general community
use.
During public participation Dr.
Adib Malouf remarked that he
did not think this a proper function
for the library.
A Charles Nekiunas, of 323
Violet Street, Massapequa Park,
interrupted the business portion
of the library board meeting to
point out that the exit signs in
the community room where the
meeting was held were not lighted
and that one of the taxpayers
present was smoking. He asked
the Board members who was
responsible for the physical
plant. He said " You had better
do something about it, because
Fd like to get out of here alive
tonight.
Nekiunas, who claims to be
a retired New York City fireman,
told The Observer after
the meeting that he would " make
an official protest."
Cono Dezego Named
' Knight of the Month'
Cono A. Dezego was honored
with the Knight of the Month
merit award at the October meeting
of the Farmingdale Council,
Dezego resides at 44 Louis
Drive, Farmingdale, with his
wife Dorothy and children Michael
and Linda.
For Your
Security
Convenience
Service
Re- Elect
YOUR
County
Clerk
Franklin H.
ORNSTEIN
Vote Row B
DEMOCRAT
LIBERAL
Paid for
by the Friends of
Franklin H. Ornstem
Farmingdale Library Trustee Carl E. Gorton left is pictured at Tuesday's
Board meeting after the Board issued a statement regarding his court
conviction of a petty larceny charge regarding a magazine the previous
day. Seated next to Gorton ( left to right). Trustee Paul Tilford , Board
President Robert Callahan and Library Director Orrin B. Dow. Two tape
recorders are used at each meeting, one by Gorton and one by the Library
Board. Observer Photo by Pokress
Farmingdale OBSERVER Thursday, October 12, 1967
55 Years of Service To Our Community
Our Homelike Environment Is App eciated
| Juhicll Jfuttentl ^ Mame, inc.
67 Broadway, A mityville MYrtle 1- 0172 J
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