Stephenville Empire-Tribune (Stephenville, Tex.), Vol. 82, No. 20, Ed. 1 Friday, May 16, 1952 Page: 2 of 14
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L '• Ob tV Y,, I *4w - »:
'•cm*'• *j »*• •*i
Number Five—
Made lee; Prof.
1; Jim Mob-
ley, senior end junior; Dr. Terrell
SCHOOL HILL
Mr. and Mrs,
Number One—
• •’ •
Putman that '«)»•- .>*•■! i<»UI
“Poeton* *t» mad end would net
ever it.*
The
cussed a Rain
witness.
was weerinc Ofe/teal, that niqfit.
and it had Jupk’ffcjht' bacjt fro id
the cleaners. AOef’.llar incident
in which her fonndr en(;>U>i«« •**■»
charted with assault with inteat
to rate, she said the cent waa
bloody, dirty, and “the top button
torn off."
Objection Sustained
Shortly before the noon recete,
J. E. Meddus wu celled to the
stand by the proaehition He was
intended as a character witness
for Mrs. Fitsgerald. Defense coua-
&t*i objirted to his testimony. T)i#
state chanted the defease had
tried to impeach Patsy through the
r tettim on y oT tSe Pittman.
tup jury wu TPTiTW Trom
room on order of Judge Belcher
ae the attorneys again argued ad-
misaabitity of testimony to the
court record and before the jury.
Judge H.-eher sustained the ob-
jection of the defense.
Q £JT
Vance
Milton Payne, Johnny Tun*'
end R
judging. Kew
Stephens, Jee
earn, Arnold
roe. Dean Pair, Kenneth Pair."
Attending the banquet ware sev-
eral members «f the Stephenville
school board including Dr. Vance
Terrell, president of the group;
Reecie Jones, secretary a# the
beard; R. L. Meek, Bob Herrin.
Supt. J. B. Morrell and High
chool Principal Chi I in B. Jaaes
were seated at the bead tablf.
Others at tl>s head table with the
speaker included the chapter
“sweetheart” Mias Helen Hamil-
ton, and the president of the
Future Homemakers chapter, Mias
chicken dinner waa
tmbers of the FHA
fywjgS.-- wfris^aipafcjr 7.
PFA group Me: Jim Mobley,
president; Dean Pair, J. D. Walk-
er, vice presidents: Vance
eas, secretary: Ken"
treasurer; Jack Bishop, A porter;
Joe Gains, sentinel; Joe Grissom,
parlimentarian; Ralph Moser, ad-
visor. , — - fl
Unscheduled and exptemperan-
eous were words of praise and tri-
bute from both the speaker of
the evening and the chapter pres-
ident for the leadership of Ralph
Moser, high school ag
and chapter advisor.
By Mrs. T. J. Well.)
visited Mr. and
of last week.
U^’JWuSi: oi
thfer, Mr. Upg, who is very sick.
Mr. and Mrs. Otes Grear vlat-
ed Mr. and Mrs. Ben Tate end fam-
JS& VSTehsw—nwu
Dublin visited Mr. and Mrs. Tom-
mie Petty over the week-end.
Mr.. T. J. Wells, Mrs. F. W.
Wells vieited Mrs. Morton Monday
after noon. »
Mr. and Mrs. William Biddle
and daughter have moved back
from Odessa.
Huckabay, a.
family visited !
Klston
Mr. and Mrs. W. 8. Mo
her children, Mrs. Elsie Stigler of
MeCamey and Herman Eddleman
of Odessa.
of Claud, Is viait-
ing his brother. Clean Eddleman.
Mrs. F. W. Walls, Mrs. T. J.
Wells visited the Riddles Tuesday
aftemoonT
Sunday guests
Mr. and Mrs. Farjs L.
. Elbert
J. 0. Hare
Wednesday ni
visited T. A. Petty
night.
in the home of
L. Miller were
Mr. end Mrs. Elbert Pollan and
children, Toro and Pat of Rosen-
berg, and Mis* Falrbeth Millar of
Dallps-
1 ‘IBg,
GRANBURY, May 12—Sharp
verbal clashes marked the first day
of the second trial of T. C. Poston, bauds by the throat,
CITY COUNCIL—The first meeting of the new city cuuncil of Stephenville was recorded
by the camera ax the group met in the city hall last Tuesday night In a three-hour session. All
ntembon of the city's official family were present. Present at the meeting but not shown In
picture, waa City Attorney Jooeph A. Chandler. Reading from loft to right, Rex Catoo,
city secretary; Henry Clarh, mayor; council men J. T. Maya, Scott Reid, J. P. Hedrick, J. W.
Clements, Clinton Cox. Joe B. Frey, Herman Ferguson. Verne Pendleton. (Staff photo.)
^___________ cut off my
Stephenville seed and grain dealer, breathing” and then when I said
charged by the stete with the at- to him. ‘what's the matter,' he
tempted assault with intent to rap#! dapped me." She told the jury she
bis 22-year-old bookkeeper. Mrs. 1 had told Poston, "Stop, you’ll kill
"Patsy Thompson Fitzgerald me” and he bad said, “I don’t care
Poston was indicted by an Erath ! tf I do kill you.” H waa St, 'this
County grand jury late in Dfcem- point she said she fell down with
bar 1961 after the alleged alterca- j him "on top of me,” that the cotv-
tion took place in bis S. Graham , tzoveray in the cross-examination
Street warehouse offices shortly arose between the witness and ths
after midnight. Dec. lit, 1951. defense counsel.
The first trial ended in a hung Describes Events
jury on Feb. 13, 1962.
District Judge EmeKt Belcher
had set the second trial for the
Hood County court room an April
23 but it was passed wheat District
the judge sn important state’s wit-
Patey continued her description
ef the t van Is by telling bow her
employer said she was drunk and
that “I'd been stealing from him.”
“I was fighting him all 1 could”
Attorney Hem Cleveland informed »when, according to the state's wit-
ness, he had verbally told her what
ness would not be able to testify on be intended to do to her. She de-
thst date.
Three Key Wttneeeen
Three important witnesses be-
came the verbal storm centers dur-
ing the day. Mrs. Fitzgerald, Pot-
ton, and a former Stephenville po-
lice officer. Andy R. Brock, caused
hsAted quest mn snd-answer flare-
ups between counsel and witness
as well as legal scrimmages be-
tween the prosecution and defense
counsels.__;______ ,____
The first sharp clash in the sec-
ond trial came Monday afternoon
between Roy Creighton, co-defense
counsel with Joseph A. Chandler,
acritmd their position on the office
tour and at this point had "started
scratching hie face, pulled his hair,
bent his finger back, bit him in the
face.” At this point, according to
her testimony, “He slackened hia
hold on me, I got out from under
him, end got up.” She said she bed
picked up the phone on Poston's
desk and shouted into the receiver,
“Help, Poston warehouse, police.”
Her employer denied the charges
of having her "on the floor” or
attempting to rape her. In his.testi-
mony he declared they had gone
he had received the call from Mrs.
Campbell and had tcld night officer
Andy R. Brock to Investigate.
Mrs. Fitzgerald was next on the
stand.
The state rested at 6:10 p. m.
after Dr. Robert A, Richmond of
the Stephen vflie Hospital staff de-
esribed bis examination of Patsy
at the hospital and opined the
bruises on her neck, chest, abdo-
men, elbows, knees and ankle were
superficial and needed no ther-
apy.” Mm, Charles W.: Roberson
and Erath County Sheriff R.*B.
George also testified foV the state.
In a surprise raovfc the defense
opened its testimony by celling
former Stephenville policeman,
Andy R. Brock. Brock had been
subpoened in the first trial by the
state but had not been called on to
testify.
Had Bleed on Her Face
Patsy to the then mayor, R. N.
Pittman’s home; the payment of
15,000 by Poston to Patsy “for
damages and
fees” after At
Millan had advised
keeper and her employer there
were grounds for a
the money from
employer
a MtKTTn accept-
Poston, bis
had signed a
which said, in effect, released Pos-
ton from all liabilities and desires
that nothing else be done. Poston
said he paid the money because “I
concluded payment of the $5,000
better than, a lawsuit after
the Stephenville attorney had told
'fn my estimation she has a
I
into both the general office and his
and the former Poston bookkeeper. ! private office, that he turned on
In Monday's direct testimony 1 the light in each office, ‘'I opened
by the chief state's witness, Mrs.' *he safe to get the hooks and she
Kitxgrraid, she had sworn to tKe attacked me.’ He said fie told her,
flee. She hwd made the tame direct'***'"* to protect myself ” Poston.
statement in the original trial. In I on direct examination said, Tier _______
It* Febriairy 'teitTnM»y;i^weVef. tTJirhir wn a* ToW S.TfottnY WEB
the former Miss Thompson had hands.” The (raid man aaid the some 4
said Outt-wf no time during her; third time “she attacked me she
three and one-half years of era- P^ked up the phone and bit mu,
ployment by Poston had he made caused me to bite my tontrue; she
any improper advance* toward her. hit my shoulder, 1 did not slap her
to the floor, I had no intention of
intercourse with her at any time,
I was never on top of her and I
was not intoxicated."
Discrepancies ia Books
Admission of "boqkkeepin* dis-
crepancies of several thousands of
dollars” between the account* re-
He told the jury that when he got
to the warehouse, Petsy was out on
the ramp with Mood on her face
Mrs. Nettie Campbell, night tela-
and coat. He said he asked her.
“Do you want to file anything on
him ” and he swore that she re-
plied) “I do not.” When be asked
her if Poston had triad to rape her,
Brock told the jury she had said.
“He did not.” “I asked Patsy three
time* about filing a complaint and
she told me she didn’t want to hurt
his business or him in any way.”
Brock aaid ha insisted the file a
complain “and she tefuaed.”
r* "On the cross exami
District Attorney Ham
Brock's nfemory was
him. “In my
suit against you.”
A moment of intense courtreom
drama unfolded during the cross-
examination of Mias Thompson by
the defense counsel in the matter
of the $6,600 payment. Counsel and
witness had clashed on her previ-
ous testimony concerning the mon-
ey payment and Counsel Creighton
had asked her, “Will you give back
the $6,000 if, as you say, .you
weren't interested in the $6,000?”
“No!,” was the defiant answer
of the witness.
Unlike ifie February trial the
Hood County court room had no
capacity crowd Monday. There was
never more than 76 spectators at
any time and during the night ses-
sion less than 60 were seated be-
yond the railing of the counsel
table.
Testimony in the trial waa re-
cessed until • a. m. Tuesday morn,
tog.
Monday, when describing the epi-
sode in tbs warehouse office she
claimed that Poston, her employer,
hnd “bis hnnds up my clothes” as
she described her version of the
scene in which she testified, “I fell
down, he was on top of me, choking
me sod I was struggling, kicking.
when tfie prosecuting attorney re-
minded him of hi* sworn ■
(he grahd ’jury
some discrepancies of his testimony
then end bis testimony today were
evident. Brock bed testified on di-
rect examination that he bad “talk-
ed to the defense attorney* after
the last trial.” Attorney Creighton,
cross-examining Brock put this
question to nlm, ‘‘Did the district
attorney get -Wow to change your
statement tV thp grand jury?"
Brock: “die did.” Creighton:
"When?” Brock: “About three
scratching at him.” At this point ceivable ledger and the journal
in her testimony, Attorney Creigh- was brought out in cross-examine-
ton Introduced the transcript of ] tion of Mrs. FTtxgeratd by the de-
bar original testimony in the Feb- fense counsel. Later In the cross-
ruary trial. In that trial, according examination of Poston by the dis-
to the transcript’ she had said in ! trict attorney the figures were re-
answer to the question, ”... and j vealed as $22,890 between January
ha never made any attempt to rape and December, 1961.
you?".—she answered “No." in e t Poeton dm not accuse bis former
flash of verbal temper* between bookkeeper of having taken the
the district attorney, the defense
counsel a ml the witne**. Creighton
pressed hi* witness to answer the
question—" . . . that statement is
true that he did not attempt to
have Intercourse with me’,” to
which the pretty, brunrtt former
employe *aid< ‘Ye* I mad* that
statement at the first trial."
Mrs. Fitzgerald waa on the stand
Monday afternoon for two hours
and 16 minutes.
Denied Rape Attempt
The Stephenville grain operator
denied categorically her charges of
attempted rape.
Testimony of event* leading up
to the entrance in to the warehouse,
the general and private offices
were essentially the same as in the
original testimony.
The Tarleton graduate of 1948
described in detail her version of
the night of Dec. IS, 1961. She
told the jury how Poston.had coat
to her apartment on N. Grahem
shortly before midnight and told
her “there'* trouble at the ware-
house, we’re going over those books
tonight” Testimony In the first
trial concerning discrepancies in
the account* receivable ledger of
the grain firm was enlarged upon
ia Monday’s testimony by cross ex-
amination of the defense counsel,
la her testimony, on direct ex-
by the district attorney,
told how they wfcnt into the
and when she end Pos-
[ in the general office she
Up a telephone to call her
neighbor* "to have Ed-
gat me.” Edwia, at that
r fiance whom she later
Edwin Fitzgerald. She
Poston took the re-
ef her hand and put Jt
fiaok; how he turned
I “took my wrist
Ipto hie private
gmaid, he turned
itffiae. aad
re by the
hylMHi
money. He said, “That much money
went somewhere, I don't know
where it went. I’ve been trying to
find out.”
In direct examination at the
flight session Monday n'ght, Poston
had said he “had to Iwrrow money
alt last ;. ear to keep my burin esc
going." During the district attor-
ney’s cross-examination a violent
v«rbal conflict between the proee-
cjLny couneei and the witne*.-, <le-
veloped over the amount of income
tat Po-don had paid in 1 if'I Tha
figure was not revealed. Pcston
he ! testified he had 'jorrowel $60,-
00i> dJring 1061 fer his buslaeaa.
In later examination the oues-
tin a of Po#to:,’s verbal statement
of his intention to rape hi* book-
keeper came up agairf and Poston
j testified as the long day of testi-
mony was concluded at 9:29 p. m.
Monday night that he did not say
any such thing as she had testi-
*•*— ' -------
Members ef Jary
A venire of 80 had been called
for the trial. Before the jesting of
the jury began, 16 had been ex-
cused by Judge Belcher end 20
were disqualified by prosecution
aad defense counsels in the testing.
Jurors sworn in at 1:S8 p. m.
were Wallace McPhereon. Troy
ryant, Charley Pinchard, Mack
ell, Eldred Bosh, C. L. Gib-
son, H. Celhoun, W. P. Moore, D.
J. Umphress. C. Hartgrevee, J. B.
Hall, E. M. Faut.
8
Poston plead* 1 not guilty to the
grand' jury indl< tment. Hi* attor-
ney, Joseph Chandler, entered the
plea for him..
Mrs. G. 8. Thompson, Palsy’s
mother, was the first state's wit-
ness.
phone operator in Stephenville,
told of how she heard the call fer
‘‘Help, police” from the Poeton
wsreheuse shortly eftor midnight
on Doe. If.
Nath Mclnree, night desk ser-
geant and radio operator, testified
days before this trial.”
Charges Statement Untrue*
In a shouting burst of condemn-
ation for the testimony of Brock,
the district attorney charged the
witness, “You know your statement
to that jury hasn't a word of troth
in It, don't you.”
In the testimony of Brock which
preceded the inferred perjury ac-
cusation of the witness by the dis-
trict attorney, the former Stephen-
vltle policeman said he and officer
Roy Driskill had followed a car up
N. Grahanq and the car turned out
to be Poston’s at the time he and
Patsy were driving to ths wais-
house. The bookkeeper had testified
she put her foot on th* brake pedal
and tried to stop th# Poston car
and1 get out. Brock testified the po-
lice prowl car was about half a
block behind the car and he did
not see any brake light come on
at any time. He said, he saw Pos-
ton and a woman get out of the car
at the warehouse end that either of
them could have seen the police in-
signia on the ride of the car in
which he was riding. He haa alto
testified that he sew anight on in
the warehouse- office as he woe
shortly after
returning to
rt.
Defense couneel had brought out
to the eross-examtoattem of Patsy
that she could have walked away
f rom ths Poeton ear when the two
of them arrived at the warehouse
"if she had wanted to.” According
to Brock’s testimony his car was
passing the warehouse ae the two
had gotten out of the Poeton ear
and the identification ef the police
car was plainly visible.
Much of the heated controversy
between the district attorney and
Brock developed in th* eroes-ex-
amination as tha prosecution at-
tempted to pin the witness down to
definite statements of fact. Brock
dented that his companion officer
had asked “what the trouble was”
early on ths morning of the al-
leged incident. Cleveland repeated
ty jumped to hia feet and shook the
grand jury testimony transcript in
WATER RATES in Stephen-
vill# were raised on the first
of this year. But even with that
raiae we atiH nre be lew simi-
lar charges in • great many
other towns in Taxaa. One good
thing that happened for the eld
people thet we are pleased with
ia the fact that Old Age As-
sistance granted a 91.M per
month increase te those who
were effected by tbe raise. Af-
ter ell K looks like nobody get
hart very bed. Naturally, ell
would like te see cheap water
—the mere tbe better. Material,
equipment and labor all hpva
««te_!P “
revenue had te come,
rates wee the only way to get
it.
that more
l IncrwMM
ALTHOUGH there were several
large electric fans In the col-
lege dining hall Friday night at
the soil conservation banquet the
quartern were none too pleasant
because of tbe warn weather.
Don’t blame college officials. Th#
legislature has prohibited etr con-
ditioning of any kind in any
structure at any state institution.
This seems to hav* been a very
foolish ruling, yet It’s in the books
and there it nothing that can be
done about it. President Howell"
of Tarleton would be more than
happy to announce that these im-
provements were on the calender.
However, he like the heads of all
other state institutions, has his
hands ttsd. It is believed this will
be corrected at the next session
of the legislature. It should be
to say the least. Such facilities
are being included in all new
private construction today. If and
when we can find the money the
quarters of" this' great moral
metropolitan newspaper will be
cool in the summer and warm in
the winter. That will he a happy
day. Also it will be a sensible im-
provement.
4 challenged,
“Isn’t this what you told the grand
Mr. and Mr*. P. F. Carter of
the Glen Rose Highway were hon-
ored Sunday by having a number
of their children, grandchildren
and nieees fer the day. Thoaa pres-
ent were: Mr. and Mrs. Fred Ay-
cock and their daughter and son-
in-law, Mr. and Mrs. Vsmon Ivy
and Mr. and Mrs. M. A. Draper
and daughter, Carolyn. Wrinert;
Mrs. A. C. Parry, Mr. and Mrs. O.
E. Bigs, Fort Worth, and C. G.
Carter, Mr. and Mrs. Roy Adams
and Mr. and Mrs. Glen Adams of
Stepkenvllle.
Jnrj
Fatten Paid *5,500
Other testimony developed Mon-
day, as in the orifinjjl trial, par-
tainlng to the visit of Broek and
Mr. and M**- S. G. Brown spent
the week-end In Fert Worth with
her parents, Mr. and Mr*. Dep Mc-
Coy. Mr. and Mrs, Brown recently
moved here from Oyanbury.
FRIDAY
SATURDAY and
MONDAY
»-u>n to ratsy ror ■
$500 for attorney’s I
tttorney C. O. Me-1
Ivised both the book- I
PIECE GOODS VALUES
COOL VOILES
PRINTED SHANTUNG
1*19
BUTCHER LINEN
i|||Krms|
Judy Bond v
BLOUSES
Crepe Blouses
Regular 3.95 val-
ues, reduced to
Crepe Blouses
1.99
Regular 2.95 val-
ues, reduced to
And solid color crepes. Regu
larly 1.59 and 1.T9, now
Ladies’ Lorraine
Jersey
Our regular 1,19 value butcher
linen, reduced to
WAFFLE PIQUE
And glaxcd
ful solid CO
Piaconl in beauti-
celoro. now
SLIPS HND PETTICOATS
2*99
Our regular 2-58 and 2-45 value
Lorraine slips reduced to
Our regular S.59 value
raine slips reduced to
NYLON HOSE
*lips reduced to
1 Ldrreine
2.29
1.29
Full fashion 61 gnugo 15 denier
nylon hose reduced to
LADIES'SKIRTS
WHITE TOWELS
White towels with striped
borders. Sine 15x29, now
r ’ •
5 ..SI
WHITE TOWELS
4>$1
WASH CLOTHS
10
.3*29
l m
Reg. 4.49 values, now.
R.eg. 3.95 values, now.
Reg. 3.49 values, now.........2.49
Size 17 X 26, regular
value towels reduce*
now
Reg. 2.95 values, now.. /......2.29
Reg. 2.49 values, now. r...... :||}9
to our special sale racks
Our rejrular 25c
waa cloths, slightly soil
ALL SUMMER HATS DEDUCED
Ready-to-Wear Department
Special Lots
MEN’S SPORT SHIRTS
$5.00 to $7.9$ vfthM*................... • .1.95
- ■ • -
$3.50 to $5.00 values.....................2.95
$2.95 to $3.9$ values.....................1.95
i-........ 1.49
$2.95 values, now
$2.45 values, now
11 k 111
cloth ohorta
EN’S SHORTS
49c
MEN’S
r5-
r
m
Reg. 89c men’s brood-
tat dress shirt* of
Spring Mill bread-
cloth
*.L I
MEN’S HOSE
nylon hose Inm
‘3
■■■;
HAM
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SI
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'M
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IBS
>ANY
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Potter, Bill. Stephenville Empire-Tribune (Stephenville, Tex.), Vol. 82, No. 20, Ed. 1 Friday, May 16, 1952, newspaper, May 16, 1952; Stephenville, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1134896/m1/2/: accessed June 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Dublin Public Library.