San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-10-21
Statement OF
NJ 'ASK|LL AND
BARTON DENIED
Sheriff. Office Cites Rec
ord to Show Return
on Subpoenas.
SAY CHARGES FALSE
Resent Attempt to Blame
Sheriff for Deferring
Gaming Charges.

Statements attributed to Adjutant
General Thomas ID. Barton and Dis
trict Attorney ID. A. McAskill, OF
Bexar county, at Austin Saturday
morning that the Bexar county sher-
ifs department had not subpoenaed
a single witness in the gaming cases
set for trial in the Ninety-fourth Dis
trict Court on Friday, were branded
as utterly false" by Chief Deputy
Sheriff Alphonse Newton Jr., Satur-
day night. Charges of the adjutant
general and district attorney that the
sheriff's office also had failed to
make proper return on the subpoenas
also were denied by the chief
deputy.
The adjutant general and district
attorney gave out the interview at
Austin Saturday morning, to which
place they had gone after they had
failed to bring the gaming cases TO
trial Friday. Judge W. W. McCrory,
of the Ninety-fourth District Court,
at the time the cases were passed,
declared that neither the state nor
defense had announced ready. Cen
eral Barton. in his interview. how
ever, laid all the blame for failure
to try the cases to the sheriff's de-
partment, charging that the deputies
had failed to summon the witnesses.
What the Record Shows.
The facts shown by the court
records are these: The first case
called Friday morning was that of
ID. X. Carver. His case had been
continued once before on account of
the defendants illness. A doctors
certificate was produced again Friday.
showing that he was i'll, so his case
was passed again.
The next case on the docket was
that of Lennie Anderson. A motion
for severance. however. had been
granted in this case. making it i'm
possible to try him until Carver had
ben tried, so it became necessary to
pass his case.
then was called. The list of wit
nesses included Eddie Ertell. whose
address was given as 1902 River
avenue: w. c. Ford, San Antonio
Fxnress: Mr.. Henderson, st. An
thany Hotel; Jack O'Brien, Evening
News. Svdenstricker," Evening
News. and Frank Kincaid. Returns
showed that only O'Brien and Syden-
stricl;er had been summoned.
sDeruty Sheriff James had not made
return on the first witness. Ford
Deputy Sheriff Speer was informed
he was i'll and his home address was
not available; Henderson. the deputy
was informed was in Los Angeles.
Cal. while Frank Kincaid. the last
named witness, was reported to be
at Uvalde. Tex.
Says McAskilrs Men Not Busy.
Proper returns had been made on
all subDoenas. Chief Deputy New.
ton said. "Had the adjutant general
believed his own statement to the
contrary, he had ADEQUATE recourse
at law. He was at liberty to file
on the sheriff or his deputies before
the district judge if he believed prop
er returns had not been made"
Replying 10 the criticisms of Dis
trict Attorney McAskill, Chief
Deputy Newton pointed out that the
district attorney has three "high-sal-
ariedr special investigators who
could have sought out the witnesses,
had they so desired. These men. the
chief deputy said. have much leisure
time and in many case where the
district attorney is really DESTROYS OF
securing early trials, these special in
vestigators round up the witnesses
many days in advance.
Barton Greatly Disappointed.
Adjutant General Barton's inter-
view created no surprise in San An
tonic as it was known that he had
expressed himself in no uncertain
terms in the office of District Attor-
ney McAskill Friday morning when
the cases did not go to trial. Re
ports in circulation at the court
house at the time. however, were TO
the effect that the adiutant generals
criticism had extended TO the district
attorneys department and that he
had limited that no sincere effort TO
bring the cases to trial was being
made.
General Barton is known to have
felt greatly disappointed when he
failed TO secure a conviction in the
first gaming case growing out of the
ranger "iHyasion" to be tried. This
was the case of George "Shorty"
Mangum, who was acquitted by a
Jury THURSDAY afternoon after less
than half hours dcliberatiOn.
Bexar county officials Saturday de
clared that they would not be surpris-
ed if Adiutant General Barton goes
before the Travis county grand jury
in an attempt to indict in the excess
lfee controversy. in which Bexar
county grand jury a week ago re-
turned "no bills"
90
Prepare for Fratern2l Congress.