ustxtxb_obs_1957_03_19_50_00007-00000_000.pdf

SLIPPERY PROSECUTIONS GALVESTON , More than a month ago, Sheriff Paul Hopkins set off an intriguing chain of events that now has observers wondering : even if the law is enforced in Galveston County, will those charged be brought to trial and successfully prosecuted? Part of the answer was given last week when liquor store-owning Justice of the Peace D. C. Richards dismissed the vagrancy charge against seven Kemah gamblers without allowing the state to present its evidence or call its witnesses. This use of judicial power was the latest in a series of yet-unexplained behind-the-scenes maneuvers that started after Hopkins closed down a brand-new brothel near Texas City and charged Grace Cooper with operating a bawdyhouse. A few days later, Hopkins and his men moved on the Boneta Club on Kemah’s neon strip, confiscated $10,000 worth of gambling equipment, arrested seven gamblers. on vagrancy charges, and lodged a felony gambling charge against the operator, Wm. rest of Kemah’s gamblers to close up shop were quietly followed. Moving onto the Island, Hopkins began tapering off its vice addicts by shutting down all but four of some dozen white brothels. Another was quickly closed by the ‘sheriff after local police arrested two inmates on narcotics charges. By now, the wheels of justice were in motion. A visit by Mrs. Cooper and her attorney, Raymond MaGee, to county Judge Theodore Robinson resulted in a continuance of that case. State Rep. Jean Hosey put in a call from Austin to Justice G. P. Reddell at La Marque, and the case against Nelson and his employees was continued. Hosey began getting long-distance calls from newsmen, and he did not take the case. It was picked up by Magee and former chief Asst. Dist. Atty. Jules Damiani. They got another continuance for Nelson. With rumors that Hopkins might go before the grand jury anyway should the charge against Nelson be reduced to a .midemeanor, the red-haired gambler was bound over to the Jim Kemp grand jury and rreecl on bond. Charges against his employees were transferred to Judge Richard’s court. Sheriff Hopkins next went into court seeking an order to destroy two Western Union receiving sets seized at the Boneta Club on grounds they were used to transmit race and game information for gambling purposes. The Western Union fought the suit in. a two-day hearing which Report from Galveston On the New Law Team was particularly important to gamblers because it might force the company to discontinue all such service to county bookie joints. Judge Markle took the case under advisement. He indicated he wasn’t sure the company was unaware of the use to which the machines were put. Meanwhile, Rep. Hosey, co-author of a narcotics bill, succeeded in getting a continuance from Justice Orra M. Richmond of a against Joann Owens, one of the pair arrested in the isle brothel. ON FEB. 25TH, Kemah’s new constable, R. B. Oliver, secured a handful of search warants. After a conference with Dist. Atty. Louis F. Benson, he left with his new deputy, Curt Monceaux, a part-time dice dealer who resigned as deputy , under ex-sheriff Frank Biaggne during the scandal over “fees” that led to a bar reprimand for attorney John Scott Scoggins. At Dickinson, the pair entered the plush Cedar Oaks Club long before patrons usually arrive and demanded employees open a locked door. Told they had no key, Oliver went to his car, got an axe and began chopping down the doorwhich led to a store room. Then a shot rang out, and Monceaux stumbled back,’ a bul let hole through his lower chest. At the hospital where he was taken by two club employees in Oliver’s car, Monceaux told an investigating deputy sheriff his own gun had gone off as he bent down to pick up some poker Chips at the club. Dist. Atty. Benson stopped at the hospital, then joined Oliver and DA investigator Richard Frankswho had since chopped down another door at the Cedar Oaksfor a visit to the Rodeo Cafe in Dickinson. As they prepared to break open the doors at the Rodeo; the owner, Joe Salvato and his attorney, R. Richard Thornton, arrived. Oliver immediately “frisked” Salvato as a crowd of his townsmen watched. Finding nothing on Salvato or in his cafe, ‘ the vice-squadders called it a night. Next morning, after denying throughout the night to newsmen that he or any of his staff had been on or even knew of any raid or shooting, Dist. Atty. Benson told a conflicting version of the event and announced he “definitely will file charges of keeping a gambling house against Joe, Mike and Pete Salvato.” As the days wore on, Benson case a littte more.” He indicated perhaps he could file only misdemeanor charges against the Salvatos. Then he said he might not be able to file any charges at all because the club is “operated by a corporation.” Nearly a week later, no charges had been filed against either the Salvatos or employees of the club. Monceau x, meanwhile, was getting along nicely at the hospital. Although some question as to the legality of his appointment as a deputy constable had risen, he at least had no financial worries. The medical tab had been picked up by sympathetic benefactorsthe Salvatos. NEITHER OLIVER nor Benson were through, however. The constable, disregarding the slot machines still operating half a travelled 30 miles to Galveston block from his service station, and vainly searched one of the 23 local. machine distributors, warehouses for slot machines. He then warned seven of the Isle’s some *100 taverns engaged in gambling to have the slot and marble machines removed or go to jail. Neither event has occurr ed. Gambling and club operators have reportedly held a conference to discuss what could be done about the situation. Fearing intervention by state officials, the gamblers reportedly decided to contact a few public officials in hopes of quieting things down. So far, there hasn’t been another said he would “have to study the peep. NOTICE OF INTENTION TO INCORPORATE The State of Texas County of Harris Notice is hereby given of the intention of The Best Tool Cornpany, 7911 Airline Drive, Houston, Texas, to incorporate under the name of The Best Tool Company, Inc., with the same mailing address. The Best Tool Company TO WHOM IT MAY CONCERN: Notice is hereby given that Richard E. Tumlinson, Martha Lane Tumlinson, Jack B. Butler and Mozelle Ann Butler, doing business under the firm name of Tumlinson & Butler Tile Co., intend to incorporate such firm without a change of the firm name. TUMLINSON & BUTLER TILE COMPANY By Richard E. Tumlinson Martha Lane Tumlinson Jack B. Butler Mozelle Ann Butler CITATION BY PUBLICATION THE STATE OF TEXAS TO Gloria Smith Defendant, in the hereinafter styled and numbered cause: You are hereby commanded to appear before the 53rd District Court of Travis County, Texas, to be held at the courthouse of said county in the City of Austin, Travis County, Texas, at or before 10 o’clock A.M. of the first Monday after the expiration of 42 days from the date of issuance hereof; that is to say, at or before, 10 o’clock A.M. of Monday the 22nd day of April, 1957, and answer the petition of plaintiff in. Cause Number 105,590, in which Willie Smith is Plaintiff and Gloria Smith is defendant, filed in said Court on the 16th day of Nov., 1956, and the nature of which said suit is as follows: Being an action and -prayer for judgment in favor of Plaintiff and against Defendant for decree of divorce dissolving the bonds of matrimony heretofore and now existing between said parties; Plaintiff alleges cruel treatment on the part of Defendant towards him of such a nature as to render their further living together as husband and wife altogether insupportable; Plaintiff further alleges that no children were born of said union and no community property accumulated; Plaintiff further prays for general relief; All of which more fully appears from Plaintiff’s Original Petition on file in this office and to which reference is here made; If this citation is not served within 90 days after date of its issuance, it shall be returned unserved. WITNESS, 0. T. MARTIN, JR., Clerk of the District Courts of Travis County, Texas. Issued and given under my hand and the seal of said Court at office in the City of Austin, this the 8th day of March, 1957. 0. T. MARTIN, JR., Clerk of the District Courts, Travis County, Texas By GEO. W. BICKLER, Deputy THE STATE OF TEXAS To any Sheriff or any Constable within the State of Texas GREETING You are hereby commanded to cause to be published, ONCE, not less than ten days before the return day thereof, in a newspaper printed in Travis County, Texas, the accompanying citation, of which the herein below following is a true copy but if there be no newspaper so printed in said county, then that you cause the said citation to be posted for at least TEN days before the return CITATION BY PUBLICATION THE STATE OF TEXAS TO all persons interested in the estate of Don Carlile, A Minor. No. 16,301, County Court, Travis County, Texas. W. H. Carlile, Guardian thereof, filed in the County Court of Travis County, Texas, on the 7th day of March, A. D. 1957, his Final Account of the condition of the Estate of said Don Carlile, A Minor, together with an Application to be discharged from said Estate. Said Final Account and Application will be heard and acted on by said Court on the first Monday next after the expiration of ten days from date of Posting or Publishing this citation, the same being the 1st day of April, 1957, at the Courthouse thereof in Austin, Texas, at which time and place all persons interested in the Account for Final Settlement of said Estate are required to appear by filing a written answer and contest said account and application should they choose to do so. The officer executing this writ shall promptly serve the same according to requirements of law, and the mandates hereof, and make due return as the law directs. Given under my hand and the seal of said court at office in Austin, Texas, this the 15th day of March, A.D. 1957. EMILIE LIMBERG Clerk of the County Court, Travis County, Texas By M. EPHRAIM, Deputy CITATION BY PUBLICATION THE STATE OF TEXAS TO W. A. Little, Pauline Sheldon, Pauline McFarland, Robert Giddings Sheldon, R. G. Sheldon, Charles A. Newning, J. W. Hannig, Simeon J. Drake, James R. Sheldon, if living, whose places of residence are unknown to plaintiff; and if dead, the legal representatives of each of said named defendants, and the unknown heirs of each of said named defendants; the legal representatives of the unknown heirs of each of said defendants, if the unknown heirs of said named defendants are dead; the unknown heirs of the unknown heirs of said named defendants, if the unknown heirs of the unknown heirs of said named defendants are dead; Defendants in the hereinafter styled and numbered cause: You \(and each of yob are here I by commanded to appear before the 98th District Court of Travis County, Texas, to be held at the courthouse of said county in the City of Austin, Travis County, Texas, at or before 10 o’clock A. M. of the first Monday after the expiration of 42 days from the date of issuance hereof; that is to say, at or before, 10 o’clock A. M. of Monday the 8th day of April, 1957, and answer the petition of plaintiff in Cause Number 106,252, in which Marlton 0. Metcalfe is Plaintiff and all the persons to whom this citation is addressed are Defendants; filed in said Court on the 14th day of February, 1957, and the nature of which said suit is as follows: Being an action and prayer for judgment in favor of Plaintiff and against Defendants for title to and possession of the following described lands situated in Travis County, Texas, to-wit: Lot No. the City of Austin, according to the map or plat of record in Vol. 2, Page 158, of the Plat Records of Travis County, Texas; and Lot No. Sweetman’s Addition to the City of Austin, according to the map or plat records in Vol. 1 Page 58, of the Plat Records of Travis County, Texas; Plaintiff alleges that he is the owner in fee simple of the above described lands, claiming title to the same by virtue of the five, ten and twenty-five year statute of limitation and that on Feb. 14, 1957 he was in possession. of the above described lands and that thereafter on Feb. 14, 1957, defendants unlawfully entered upon and dispossessed him of said lands and withhold from him the possession thereof, thereby casting a cloud on Plaintiff’s title to said lands; Plaintiff further prays for judgment removing cloud from title, for costs of suit and relief, general and special; All of which more fully appears from Plaintiff’s Original Petition on file in this office and to which All of which more fully appears from Plaintiff’s Original Petition on file in this office and to which reference is here made; If this citation is not served within 90 days after date of its issuance, it shall be returned unserved. WITNESS, 0. T. Martin, Jr., Clerk of the District Courts of Travis County, Texas. Issued and given under my hand and the seal of said Court at office in the City of Austin, this the 21st day of February, 1957. 0. T. MARTIN, JR. Clerk of the District Courts, Travis County, Texas By GEO. W. BICKLER, Deputy District Court of Travis County, Texas, to be held at the court house of said county in the City of Austin, Travis County, Texas, at or before 10 o’clock A. M. of the first Monday after the expira tion of 42 days from the date of issuance hereof, that is to say, at or before 10 o’clock A. M. Monday the 22nd day of April, 1957, and answer the petition of plaintiff in cause Number 106.433, in which Dorothy Horton Floyd is plaintiff and Elvis L. Floyd