European Stars And Stripes (Newspaper) - January 31, 1988, Darmstadt, Hesse                                Sunday january 31. 1988 the stars and stripes Page 5 mistrial declared in cigarette Case judge ends trial with jury deadlocked 7-5 Lexington. Miss. A a judge declared a mistrial Friday in a $7 Mil lion lawsuit tiled against a cigarette manufacturer and a distributor by a lung can cer victim who smoked two packs a Day before he died. The jury deliberated almost three hours thursday and nearly eight hours Friday in the Case against american brands inc. Before announcing it was deadlocked. The jury s vote earlier in the Day was 7-5. Holmes county circuit judge Gray Evans said. Nine Voles were required for a verdict. Evans declaring the mistrial said he did so very very reluctantly. For Rea sons i do not feel i should make known at this  neither Evans nor the jury announced the final Vole or which direction the panel was leaning. But some observers said a vote by at least five jurors in favor of the Plain Tiff reflected gains on the part of anti smoking forces. Family lawyers said they planned to seek another trial. The company said its position was sound. The suit against the Greenwich conn., company which manufactures pall mall and other brands of cigarettes was brought in 1986 by Nathan Morton a 50-year-old construction contractor who died of lung cancer Jan. 27, 1987. His estate continued the Case seek ing $2 million in compensatory and $15 million in punitive damages. Morton smoked two packs of until to Rcd pall malls a Day for about 35 years. His videotaped testimony re corded before his death was played at the trial. The suit was one of the few liability cases against a . Tobacco manufacturer to be tried before a jury and the first to be tried in a state with .1 comparative fault Law. Which allows a jury to find against a defendant who bears Only Par tial responsibility. American brands had contended that cigarette manufacturers should not be held responsible for cancer victims who freely choose to use their products. We will have a Strong position should the Case be retried Charles h. Mullen chief executive officer of american brands said in a statement after the mis trial was declared. Attorneys for Horton s family said they expected to seek another trial. Absolutely we re planning on retry ing this  said chief attorney Don Barrett. This particular Wagon train did t make it to California but there is going to be a Wagon train that makes  earlier in the aft non the judge spoke to the jury but said he did not ask what their vote was at that time. At lunchtime. He said they were dead locked at 7-5. The judge said in would have been improper for him to ask the juror which Way they were leaning. Evans dismissed the jury several min utes before allowing about 200 observers to leave the courtroom and said he had barred the jurors from discussing the Case with reporters or others because he feared in would adversely affect a retrial. Despite the mistrial Legal experts said it represented a Victory for lung cancer victims. A much belter Omen would have been a plaintiffs verdict but this is the first time in the history of tobacco legis lation that a jury has not ruled for the tobacco companies said Richard Day Nard. A Law professor at northeastern University in Boston and founder of the tobacco products liability project which publishes a monthly newsletter on tobacco litigation. Donald Garner a Law professor at the Southern Illinois University at Carbon Dale called the mistrial a Victory for the plaintiff because it s not a  a Victory by the Horton against american brands would have encouraged families of the More than 120.000 smokers who die each year to also sue cigarette manufacturers anti smoking activists Aid. Opening arguments in a Federal cigarette liability Case against three tobacco companies Philip Morris co. Liggett group inc. And Lorillard inc. Arc to begin in Newark . Next week. Antonin Cipollone 64. Of Lak Churm. . Is continuing the Case brought 4 a years ago by him and his wife. Rose a 40-year smoker who died in 1984 of lung cancer. Interest rate Cut Back Seaf Tiger Hurt in car crash to 9.5 percent for a mortgages Washington a the veterans administration is lowering its maximum interest rate for federally backed a Home mortgages a full percentage Point to 9.5 percent. The a said in is making the change to take effect on monday to bring its Rale in line with the mortgage Market which has been moving Down in recent weeks. The Federal Home loan mortgage corp. Said the National average fur 30-year conventional mortgages those without government guarantees fell to 10.16 percent last week Down from a National average of 10.34 percent the week before. It was the lowest level since last april. The lower rate Means that the monthly payment on a typical a Home loan of $70.000 will be nearly $52 less per month. The last change in the a Rale was nov. 10, when in was reduced from 11 percent to 10.5 percent. The new drop pushes i in rate Down to its lowest level since Early last year when it was 8.5 percent. It was raised to 9.5 percent last april. Sands or time in the stars and stripes 40 years ago today. Jan. 31. 1948 Mohandas k. Gandhi India s Man of peace was assassinated before the eyes of hundreds of his followers As he was about to offer his daily prayer for an end to rioting. 30 years ago today. Jan. 31, 1958 Charles Starkweather the accused 19-year-old mad dog killer was charged in Douglas wyo., with first degree murder. He had been sought by hundreds of police in seven states after going on a murderous rampage that left at least 10 people dead. 20 years ago today. Jan. 31, 1968 the Viet Cong shelled Saigon in a stunning  of their attacks on eight other major cities. It was the Viet Cong s mightiest offensive of the War. 10 years ago today. Jan. 31. 1978 the Brookings Institute in Washington . Released a study that said the russians were armed for the first time to fight a modern non nuclear War. A photo Edwin curd is is comforted As his pet Tiger is treated. Prattv1lle. Ala a a 290-Pound pet Tiger Riding smartly on the Back scat of a car on its Way to a Public appearance took a smart lick to the head in a traffic Accident but was Back Home Friday with in devoted  the cat s preferred method of transportation a have gotten its owner in trouble with a Federal Agency. Owner Edwin corders remained at the cat s Side thursday during the seven hours it spent at the clinic of a Prattville veterinarian. Or. Doug Carmichael. He s very attached to the  said Carmi Chaco. He has t left  corders a former drug addict uses the Bengal siberian Tiger named misty Crystal in presentations to share with the Public How religion changed his life said Mac Gober. President of Canaan land boys Home. They re not taking any phone  said a woman who answered the phone at Canaan land in a Tauga county where misty and corders live. The woman who declined to give her name a d corders had raised the 17-Monlh-old Tiger since in was 2 Days old. She said she did not know where corders got the  said corders and misty were in route to an appearance in Tuscaloosa when their car hit a guard rail  cat was bleeding from the Mouth and apparently in Shock and Carmichael Tranquili cd in and treated in at the  re real fortunate she did not have any serious injuries said Carmichael. But she sure had a smart lick to the  or. . Reese assistant veterinarian in charge at the . Department of agriculture in Montgomery said Friday that corders was licensed by the Agency to exhibit the Tiger in Tuscaloosa and met regulations such As caging and fencing to protect the Public. But he said the Agency would not Sanction any transportation of the Pel in the Back scat of a car and would investigate. . Approves import of live lambs Portland Oregon up1 the . Agricula Northwest sheep ranchers have opposed the imports lure department has approved plans for an Oregon and the National Wool growers association has asked company to import live lambs from new zealand and Congress to adopt protective Trade Lep lation. The the first shipload of 10,000 will Dock within a week. Shipment will represent the largest number of animal imported at one time to the United Stales. The sheep ranchers claim the influx of lambs will drive Down prices for Domestic lambs and make it difficult for them to stay in business. They also questioned the adequacy of quarantine measures. Babcock has proposed bringing approximately 189,000 lambs annually through Portland nearly the Lee Babcock president of it and h co., of Brownsville ore., said the shipment is at sea and could arrive at the port of Portland by Friday weather permitting. In will be the first attempt to import live sheep into the United Stales since the 1950s, he said. Babcock said inc us a gave final approval earlier this month to a quarantine facility he has build in Portland. The lambs will be held in quarantine for 30 Days before being shipped to slaughterhouses in Wash Ringlon Colorado and California. Same amount As Oregon ranchers produce. Babcock said Only 10,000 sheep arc coming in inc first shipment to be used As a test. He said larger ship ments could follow