E The Michigan Daily-Wednesday, July 16, 1980-Page 11 Public allowed to witness 'Pig- pen' trial of Marine private NEW RIVER AIR STATION, N.C. (AP)-A military judge refused to bar the media and public yesterday as a. court-martial got under way for an 18- year-old Marine charged with disobeying an order to retrieve mess hall silverware at a local pig farm. The first defense'motion was to ask that the trial of Pfc. Scott Duncan of Port Huron be closed to spectators and the news media. Judge Maj. Larry Miner denied it. DEFENSE LAWYERS also asked Miner to dismiss the disobedience charge against Duncan on the basis that it stemmed from an illegal order which violated Marine Corps standards of conduct. Attorneys Clay Brumbaugh and Capt. Carl Fisher contended the practice of requiring Marines to go to the pig farm was not in "the best interest of the government," but only served the in- terest of Duncan's superiors in trying to cover up silverware shortages. The judge ruled the question of the order's legality was a question of fact and not of law and would have to be determined by a military jury, still to be appointed.. DUNCAN IS CHARGED with disobedience and disrespect to an of- ficer in connection with a June 10 in- cident in which he and another-Marine, Pfc. Dana Gidney of Buffalo, N.Y., both stationed at nearby Camp Geiger, were ordered to go to a pig farm owned by William Kearney of nearby Jackson- ville. If convicted, they each could receive bad conduct discharges, 6- months in prison, lose two-thirds of their pay for 6 mnnths nr he reduced to the lnwiet military pay grade, or receive a com- bination of the penalties. Kearney has a government contract to pick up garbage from the mess hall, which he feeds to his pigs. DUNCAN AND GIDNEY were told to sift dirt in a search for mess hall silverware that had been thrown out with garbage which was fed to Kear- ney's pigs. Both men allegedly refused the order. Gidney is charged with identical counts to Duncan's, but his trial date has not been set. Defense lawyers argued that in the absence of specific authorization, the practice of sending men to the pig farm was prohibited. BUT MINER SAID that Marine Cor- ps policy is generally regarded to be that "if it is not prohibited, it .is authorized." Meanwhile, Kearney-the owner of the pig farm-said he was surprised by the flap because no Marine ever has to work in a pigpen. In an interview with the Associated Press, Kearney said the 21 Marines were supposed to sift through dry dirt using rakes and find any silverware that had not been discovered when the mess hall garbage was cooked prior to being fed to the pigs. The dirt came from pigpens, but had dried in an open field for several weeks, Kearney said. "He wasn't going through no hog pen," Kearney said. "I can't for the life of me understand anybody backing off duty on the pig farm. I know for a fact it's been used as an excuse by Marines to get off the base for a day." Stuff it! AP Photo A world record for hot-tub stuffing was set Sunday in Lynnwood, Washington when 39 people jumped into a six-foot-wide, four-feet-deep tub. The old record was set last year in California with 25 people. Homosexual delegates fight anti-gay GOP platform provisions (Continued from Page 1) Drake pointed to Reagan's expres belief in "individual's rights" and to, former governor's strong opposit two years ago to a bill which called the firing of school teachers engage in homosexual activity. HOWEVER, IF REAGAN sho choose a vice president such as S Paul - Laxalt of Nevada-who troduced a bill to explicity discrimin against gays-Drake said Reag would automatically write off all of gay vote. "There's no way a gay person vote for someone who doesn't beli (gays have) a right to a job," Dr said. The gay vote Drake speaks of is estimated 8 million persons who vo in the last presidential election. ALTHOUGH GAY activity has celerated in the last few yea homosexuals have yet to becom legitimate constituency upon wh politicians focus their attention.. Gay Vote 1980, an organized lobby of sed gay rights supporters, is attempting to the establish thot constituency. The group tion is attempting to get the major parties to for pay attention to the gay rights issue. who Project spokesman Tom Bastow said the group was quite successful in in- uld fluencing the Democratic Party. More en. than 70 gay delegates will be attending in- the convention in New York next mon- iate th, and the Democratic platform will gan include a supportive gay rights plank. the The group exerted. "nowhere near as strong an effort" on the can Republicans, Bastow said. Although the eve group talked with the GOP platform ake committee, they were "basically ignored," he said. an )ted STAYS FOLDED WINSTON-SALEM, N.C. (AP)-One ac- reason aluminum is popular for irs, packaging is that it will "dead fold," e a repts RJR Archer. This means that ich once aluminium is folded, it will stay t h a t w a i- n i- - - - - - - , l s