San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-10-04
KlANFACT|0Ns
HALT FIGHT IN
LOCAL COURTS
Injunction Obtain e d By
Evans Crowd Is
Dismissed.
BOTH CLAIM VICTORY
Settlement Reached After
Alleged Threats to
Name Klansmen.
BOTH CLAIM VICTORY

Following prolonged legal Skin
mish in an ante-room of the 73rd Dis
trict Court Thursday morning, Judg,
Robert w. b. Terrell. at the reques
of the plaintiffs, entered an order dis
missing the injunction suit involving
the San Antonio branch of the HI
Klux Klan. Attorneys for both side,
afterward expressed themselves as
thoroughly satisfied with the outcome
and on the surface. each side claims
a victory. Judge Terrells order, II
is believed, finally settles all court
action.
The order was issued Thursday only
after series of long conferences be-
tween attorneys and it appeared sew
eral times as if negotiations had
reached deadlock and that the in
junction hearing, which was brought
BY the II. W. Evans faction of the
klan to restrain the W. }. Simmons
faction from comforting the knights
of Kamelia" degree, would proceed.
For certain reasons, it has been ru-
mored for several days. many were
in favor of preventing the case going
10 trial as it was not thought advisable
to publish a roster of the local khan,
the roster having been demanded by
the defendants.
Defendants Announce Ready.
c. NJ. Chambers, representing the
defendants in the case, announced
ready when Judge Terrell called the
hearing for trial Thursday morning.
Mr.. Chambers stated to the court that
he had read in the papers of a pur-
ported compromise. but that he had
no knowledge of it and "unless adj
vised TO the contrary / shall insist
upon a hearing of the demurrer"
Judge Terrell thereupon inquired
for plaintiffs attorneys and finding
they were not present ordered them
summoned. f. p. Rochester. an
other defense attorney. declared that
he had no knowledge of the reported
compromise. Herbert Oliver, plain
tiff attorney. then appeared in court
with an order for dismissal which he
handed to the court.
Objections were raised Immediately
by Mr.. Chambers who asserted that
the decree set forth a purported "set-
Element" whereas he. as an attorney
of record in the case, had no know
ledge Of it. Mr.. Rochester also took
the same position.
'You don't want the agreement
reached. filed. do you?" Mr.. Oliver
inquired of defense attorneys, but got
no reply.
An "nyisibIe Settlement"
Mr.. Chambers insisted that he had
no knowledge of any compromise, in
quiring if it had been IAN invisible
settlement" Judge Terrell held that
custom called for the attorneys being
called into n case where compro-
mise is effected, unless they pre-
viously have been discharged. He
suggested that the parties first reach
an agreement and then come into
court, Mr.. Chambers al the time was
insisting that the defendants were
ready and wanted TO gosto trial.
The attorneys then withdrew TO dis
cuss the matter and the court pro-
ceeded with another case. Messrs.
Chambers, Watson and johnson. Judge
+. 2. Rochester and 7. d. Cobbs Jr..
and Ben L. Kelly. representing the
defendants then went into conference
with Messrs. Hull. Oliver and Sulli-,
van, representing the plaintiffs. Plain
tiffs insisted that if dismissal de-
cree were entered, it should be I'M
conditional, whereas the plaintiffs in
sisted that the order show that a
settlement had been reached out of
court. At one time Mr.. Hull had
his amended pleadings ready to file
and was bent upon proceeding with
the case. After a conference with