The Abilene Reporter-News (Abilene, Tex.), Vol. 73, No. 185, Ed. 2 Friday, December 18, 1953 Page: 23 of 30
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Clary Trial Halted; Judge
Will Move It ‘Across State
By GEORGIA NELSON
Reporter-News Star Writer
Cari Runge, Earl Smith, and Joe
Foy, all of San Angelo, and Frank
Spark* of Eastland were attor-
neys far the defense. Prosecuting
attorneys were three district at-
torneys, E. C Grindstaff of Ballin-
cu quesuuneu in me, ger, Eldon Mahon of Colorado City,
If T. Clifton Clary and Joe Nuessle of Ranger. ,
U_ .----.-----After the third trial had ground
to a halt, Clary smiled broadly
and seemed relieved that he would
not be required to endure another
trial at this time
EASTLAND, Dec 18 — A mis-
trial was declared here late Thurs-
day by Judge Turner Collie when
only U jurors were selected out
of 111 veniremen questioned la the
third trial u .. ____,
Twice previously be was fauna
guilty by juries of murdering his
wile, but the convictions were re-
versed by the Court of Criminal
Appeals.
house and then burned the house.
The defense maintains that she
died an accidental death on Jan.
31, 1948.
Judge Collie said he had no idea
where the case would be moved
nest for trial but said It would
probably be sent far enough across
the state that the public would not
be familiar with it.
PAGE ONE
Che Abilene Reporter-News
___________ABILENE, TEXAS, FRIDAY EVENING, DECEMBER 18, 1953
SECTION B
The triri waa nearing the end
of its fourth day in the 91st Dis-
trict Court Thursday when Judge
Collie halted it
Both the state and defense used
all of their peremptory challenges.
Each to allowed to excuse 15 pros-
pective jurors without giving rea-
sons.
Sixty-nine others were excused
by the court for announced prejud-
ices or inability to qualify for serv-
ice.
The trial was highlighted by
skirmishes between lawyers and
atern admonitions by the court
over the qualifications of the jur-
ors.
Exhaustive questioning of jurors
was kept up ell the way through
by defense attorneys, who chal-
lenged dozens of them for prejud-
ice and dictated about half a dozen
bills of exception to the court's
rulings.
Rulings by Judgs Collie were
made in the form of orders to
hold the questioning briefer. Some-
times the attorneys aeemed about
to take over qualifying of the jur-
ors themselves.
However, the mistrial meant
only that there would be some de-
lay before Clary would wait for
another jury’s verdict, since it will
be changed to another judicial dis-
trict.
Clary, charged with murder in
the death of Na wife, Mrs. Odilla
Clary, was first tried in the 119th
District Court at Ballinger in May.
1948, and again in the 32nd Dis-
trict Court at Colorado City in
February, 1950.
In both trials juries found him
guilty. The Ballinger jury act his
punishment at 99 years and the
Colorado City jury at life impris-
onment.
But the Court of Criminal Ap-
peals reversed the verdict in both
trials.
The first time, the higher court
declared that there should have
been a change of venue for Clary
to receive a fair trial, and the
second that inflammatory argu-
ments by attorneys prejudiced the
verdict
Clary is alleged by the atate to
have strangled Na wife to death
in their Runnels County ranch
After the mistrial was declared.
Judge Collie assessed fines of $50
each against two witnesses who
had not answered subpoenas by
the state to report for the trial.
They are Mildred Blackstone, a
woman with whom the atate al-
leges Clary had been having an il-
licit affair before his wife’s death,
and Sue Smith Larimer.
When the trial ended In mistrial,
Z1 veniremen were still waiting to
be examined for jury service. They
were among 50 additional venire-
men called Wednesday when the
original venire of 150 was ex-
hausted.
Air Maneuvers
Due at Formal
Ceremony Here
LETTER TO
THEEDITOR
Jurors who had been selected but
were dismissed without service
were Glen H. West, F. E. Ferrell.
Roy Lyons, James Cunningham,
and M. E. Ewing, all of Ranger:
Charles Rutherford and Curt
Smith of Rising Star; C. C. Coop-
er of Cisco; Bernard M. Campbell
of Nimrod; Berry Greenwood of
Carbon, and B. A. May of East-
land.
Smith and West announced after
the jury waa dismissed that they
were champions of a domino tour-
nament held in the jury room dur-
ing the long watt for the panel to
be completed.
Ground displays of aircraft and
military flights over the field are
tentatively slated to highlight for-
mal dedication of the new Munici-
pal Airport Sunday, April 25.
Thia wM revealed to the City
Commission by representatives of
the Abilene Chamber of Com-
merce Aviation Committee, which
to preparing the program.
The commission approved pre-
liminary plans and authorized the
C-C panel to stage the formal ded-
ication.
Hudson Smart, committee chair-
man, and Elbert Hall, C-C presi-
dent, presented the rough draft of
ideas to the commission.
An acrobatic or fancy formation
flight to one phase of the intended
program. There will be displays of
civilian and military aircraft,
which the public may inspect. A
barbecue r other meal will be
held for flying performers and
visitors who help furnish the en-
tertainment. Speeches by dignitar-
ies will be slated.
Smart said committees will be
Family Praises
Fire Department
Dear Editor:
I would like to express my
thanks and appreciation to the Abi-
lene Fire Department for the ex-
cellent service rendered us on the
night of Dec. 13. 1953. We have
been told that a delay or two or
three minutes would have meant
the loss of our home. I know that
words are of little value but I do
want them to know that we really
appreciate what they did. We also
want to thank our many friends
and neighbors and even strangers
who took time out to help us. It
was wonderful the way they all
worked together.
Sincerely,
MRS. A. H. KEEVER
1973 Santo* St.
44 DECORATE HOMES, BUILDINGS
Yule Lighting Contest Judging
Due Tonight; Entries Listed
Final judging of the 44 entries in
the Christmas lighting contest for
prizes totaling more than $250 will
be Friday night.
Judges consisting of a represen-
tative from the Abilene Gardea
Club, a lighting engineer, a city of-
ficial and a reprensative of The
Reporter-News will meet at 7 p.
m. Friday at the City Hall to be-
gin their final round of inspection
of the various contestants.
Entries are aa follows:
Best Decorated Window—Mrs.
Ira J. Burrows, 902 Poplar St.;
George J. Clark, 1242 Hollis. Dr.;
Dr. M. C. Bessire, 2309 Lincoln
Dr.; Mrs. Grace White, 2929 South
Third St.: Carnegie Library, North
Second and Cedar Sts.: Mrs. H. H.
Rowe. 849 EN 15th St.: Sam Best.
301 North 14th St.; Elsie Jenkins,
802 North Sixth St ; Mrs. Charles
Heard, 1258 Ross Ave.; Troy Car-
away. 658 EN 23rd St.; Mrs. O. T. _______.......... ... .........
Daugherty, 890 Cedar St.; Mrs. Dr.; John C. Mayfield, 1725 Tao-
John Horn, 2905 Hickory St.; and glewood Rd.; W. H. MeMullan,
Mrs. J. L. Pruitt, 1542 Graham St. 1134 Willis St.; Mrs. Grace White,
Best Decorated Doorway—J. C. 2929 South Third St.: R. H. Net-
Hunter Jr., 1018 Legett Dr.: E. W
Hamilton. 933 Albany St.; Mrs. Joe
Gaylor, 1217 Buccaneer Dr.; Mrs.
John W. Storey, 1109 Westridge
Dr.: Dr. W. R. Sibley, 1118 Legett
Dr.; Mrs. Jack Eppler, 1604 North
17th St.; Mrs. H. H. Rowe, 849 EN
15th St.; Mrs. Roy Rickner, 834
EN 13th St.: Lydia Norcross, 1349
Elm St.; N. W. McCormick, 1817
Sycamore St.; Mrs. Guy Cald-
well. 1802 Belmont Blvd.; Mrs.
Grace White, 2929 South Third St.;
Mrs. Ira J. Burrows, 302 Poplar
St.: and Mrs. F. W. Snyder, 901
Sayles Blvd.
Residence Exterior-Glen Tuck-
er. 1618 Graham St.: Morgan Jones
Jr., 3435 South Ninth St.; A. B.
Shelton, 3447 South 12th St.: Bill
Clark, 1310 Glenwood St.; Dr. M.
C. Bessire. 2309 Lincoln Dr.; Mrs.
J. T. Brian, 742 Davis Dr.; Wil-
liam w. Davis, 3901 Monticello St.:
Mrs. Cari Mahan. 1018 Elmwood
McMullan,
man, 925 Palm St.: Mrs. Roy
I Rickner, 834 EN 13th St.; William
Jackson, 637 North Eighth St.; Dr.
Ray Maddox. 1957 Belmont Blvd.:
Mrs. A. H. Armstrong, 685 EN 22nd
St.; Blanton Standefer, 1830 South
Ninth St.; Clarence Snodgrass Jr.,
1800 Barrow St.; Cary Cooke, 1357
Santos St.; Jack Pattillo, 1018
Sayles Blvd.; Mrs. Ira Allen Sr.,
533 Santos St.; Mrs. Moore Rey-
nolds, 1610 College Dr.; Ada Greer,
1118 Grape St.; C. M. Canavan,
1249 Park Ave.; and Dr. Frank
Levett, 1801 University Blvd.
Best Decorated School — Bowie
School, South 20th and Jeanette
Sts.; Windows at Abilene High
School, South First and Peach Sts.;
Houston School North Sixth and
Cottonwood Sts.; and Bonham
School, 4250 Potomac Ave.
Best Decorated Church — St.
Paul Methodist Church, 525 Beech
St. and Temple Baptist Church.
1073 Sycamore St.
“Living Outdoor Tree — Mrs. W.
W. Flippen, 440 Orange St., and J.
C. Hunter Jr., 1018 Legett Dr.
named lor the various parts of the
preparations and planning, to in-
clude members and non-members
of the C-C.
Hall and Smart said their panel
favors holding the show on Sun-
day, because it believes attendance
will be bigger than on any other
day.
Operation of the new airport, 4.2
miles east of the downtown area,
began. Tuesday, when Pioneer Air
Lines moved there from the Abi-
lene Air Force Base.
STORK NEWS
One baby waa born Thursday in
Hendrick Memorial Hospital.
A girl to Mr. and Mrs. Norman
Bonds. Rt. 1. Tye. at 12:50 p.m.
ABILENE 1953
TR AFFIC SCORE
Consecutive deathless days
Fatalities in 1953
Accidents Thursday
Accidents In 1953
Injured Thursday ..,
Injured in 1953 .....
11
2
4
..1,346
... t
.. 153
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STILL WANTS NO GUN
Sheriff ‘Doing Fine,’
Happy Over Capture
Sheriff R. L (Bogue) Wilkins |
leaned back and relaxed in Na I
hospital bed at Rotan Thursday I
evening. Then he went to sleep. I
Friday morning he waa "doing ■
fine," attendanta said. He had 1
spent a “good” night and he was ■
in "good" condition. 1
The genial sheriff, who could E
not participate in the manhunt for •
three jail-breakers who beat Nm I
to his knees Tuesday evening us- ■
ing shotgun clubs, had kept up ■
with the progress of the search,
He had rested only for brief pe- %
Attendants had reported be
spent "rough" nights and days pri-
or to the capture.
The Fisher County sheriff, who
never carries a gun, isn't going
to mend Ns ways now, despite the
.----beating he took.
• a , L “I feel certain that if I had had
Fmnaumant in * gun on me Tuesday night I
LIDIOVITIGII would not be here today." Sheriff
L. i Bogue, Wilkins, 54, said
a from Na hospital bed Thursday.
A fill flu AV Tama Within 111 hour after Amos Ben-
DuU UVPi ollie ny Bolton, 22, Huey Jack Pitts,
V V PGHINV 20, both of Dallas, and John Tarl-
ton. 21. of Snyder, were captured
the sheriff ordered a telephone
brought to his room in Callan Hos-
pital at Rotan.
He telephoned the Reporter-News
to say:
Period in '52
Persona employed in Taylor
County numbered the same in
November as in October, but were
000 more than those of November,
1952.
The Texas Employment Commis-
sion’s Abilene office said over-all
employment stood at 28.700 for
both of the past two months. It
was 28.100 in November a year
ago.
Agricultural workers dropped
from 2.600 this October to 2,500 in
November. ,
TEC gave credit to the Improv-
ed cotton crop this year for the
higher total employment in Novem-
ber, 1953, over November, 1952.
Jobless persona in the county
also increased, from 1,000 this
October to 1200 in November. TEC
said this was due to new entrants
into the labor market, seeking
Christmas sales work or gift wrap-
ping jobs.
Applicants actively seeking Jobe
through the TEC office numbered
1,240 during November.
"No difficulty to foreseen in
meeting forecast labor demand
from this supply,” TEC reported.
"I want to expresa my apprecia-
tion, and that of my family, for
the apprehension of those boys and
the way folks have responded to
everything in this situation.”
He was thankful to West Texas
officers for their part to the cap-
ture of the trio, he said.
When Wilkin* is released from
the hospital, he wants to welcome
the trio back to the Roby jail.
“I am going to let them keep
them at Abilene, until I am able
to be back at the jail,” the sher-
iff said in a voice which revealed
he was in pain
The genial sheriff had a “rough”
day Thursday, be said. A “No Vis-
itors" sign bung outside his door.
He talked to a reporter via the
telephone more than 10 minutes.
“I don’t feel too good today.”
he said "My head is giving me
the most trouble. It feels awfully
big."
Wilkins, recalling circumstances
of Tuesday evening, said he sensed
trouble was in the making. He wag
attempting to move the trio to a
different cell when the jail break
began, be Mid.
WRONG CLOTHES — These flimsy garments worn by three
Roby jail escapees did little to ward off freezingtempera
tures during their two-day cross-country flight. The men
were stripped of all their clothes except their trousers,
pending identification of them. Some of the clothes were
reported stolen from farm homes southeast of Roby.
With a bunk chain in a sock.
Tarlton swung a blow which glanc-
ed off the sheriff* head, the sher-
iff said. The sheriff floored Tart-
ton, who came up swinging and
blinded the sheriff with a chain
blow in the eye.
Remembering two sawed-off
shotguns stood at the foot of the
stairs, Wilkins beaded for the wea-
pons, he said.
However, during the tussle down
the stairs, the prisoners beat the
sheriff to the guns, the sheriff said.
-Pitta hit me first with one of
the shotguns, and then I threw the
door open to the kitchen of the
residence, and that’s where we
really had a battle.”
’"They had set in to kill me.”
-Bolton grabbed one of the shot-
guns, broke it open to see if it
was loaded," he said. “It wasn’t.”
"If they could have gotten hold
of some shells, they would have
killed me. I Imagine.”
After the affray, the sheriff tried
to follow the prisoners in his car
which contained two guns, but
blood filled his eyes and he couldn’t
"1 had just about reached my
limit, when I got to the hospital,”
he said. 4
see, he said.
He asked his wife to spread the
alarm, and later drove eight
miles to Callan Hospital at Rotan.
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The Abilene Reporter-News (Abilene, Tex.), Vol. 73, No. 185, Ed. 2 Friday, December 18, 1953, newspaper, December 18, 1953; Abilene, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1649381/m1/23/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Public Library.