San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-10-29
WELL KNOWN
|MEN CALLED IN
GAMING CASE.
Legislator, Doctor, Ranch
er and Promoter Called
as Witnesses.
STATE ASKS DELAY
Ben Ruby Gambling Trial
May Get Under Way
Monday Afternoon.
STATE ASKS DELAY

A state legislator. San Antonio
physician, a young San Antonio pro-
noter and q. wealthy ranchman of
Uvalde county were named as state
witnesses in the trial of Ben Ruby,
Indicted for exhibiting a gaming table
|ind bank. which was called by Judge
Nv. w. McCrory in the Oath District
S,irt Monday morning.
Il They are respectively T. 2. Hull,
pr. Ivy Stansell, Harry NJ. Rogers
lnd Frank Kincaid. All witnesses,
with the exception of DIR. Stansell,
appeared in the courtroom.
Despite the fact that all state wit
hesses were accounted for, the state
Failed to go to trial. Upon request
be Assistant District Attorney w. p.
inhaffey, Judge W. w. McCrory
Issed the case until 2 o'clock.
rhis is one of he gaming cases in
xtich State Adjutant General Thomas
~ Barton is deeply interested and
h adjutant general. with large
tmber of rangers, was present in the
|ifte-room adjoicing the courtroom
when the Dase was called. General
Barton remained in the offing during
(Se entire morning. leaving the court
k,ouse shortly before noon with one
If The states witnesses.
Adjutant General Barton had COM
blamed weA. ago that the sheriff's
was not exercising due
diligence in serving witnesses IN the
ranger gaming cases, so interest CEN
tered Monday in whether the states
witnesses, had been served. Deputy
Sheriff w. G. Speer called out the
names. DR.. Stansell, the first name
eaiied. did not answer. but District
Attorney ID. A. McAskill informed the
E.ourt that his wife was i'll but that
he would be present when wanted.
State Asks More Witnesses.
Frank Kincaid, witness living at
5Jvalde was then called. He did not
answer. Investigate ton shove that Kin
laid had been subpoenaed at his home
In Uvalde. Judge McCrory instructed
|khe clerk to issue an attachment for
|him and he was later brought into
kourt. Two other witnesses, Harry
III. Rogers and T. Z. Hull answered
10 their names.
Zone moment your honor" the as
distant district attorney requested when
HI was found the witnesses were pres
ent. He disappeared into the ante-room
Eyith District Attorney ID. A. McAskill.
|The adjutant generaf ard Wayne
Davis who, it is reported is to serve
Has special prosecutor in the case, were
I'm the room.
A long conference ensued. In fact
BIZ was so long that the court and
those in attendance, including defense
counsel. became impatient. Then the
assistant district attorney reappeared
hind requested the clerk to issue a sub
poena for two witnesses. This was
Hone. But neither of the deputies at
BENDING the court was asked to serve
The subpoena. Instead the assistant
district attorney disappeared again into
the doorway to the conference room. :"
1.-Two rangers later were seen to leave
the room.
Don't Want to Testify.
Tie conference evidently was re-
'sumed for finally Judge McCrory, be-
coming impatient with the delay, sent
for Mr.. Mahaffey. The assistant dis
,trict attorney explained at length
that the state was hurrying all posi-
bile and requested more time. 1t was
granted.
Shortly. before noon the assistant
attorney again came into
S1HA and asked that the case be pass
IEGfil . o'clock as the state was
Waiting Oh additional witnesses. While
lit could not be confirmed it was
|rumored that the state was having
difficulty with its witnesses. Several
IF til m, it was rumored, were re-
iuctant to take the witness stand and
testify. 1t was FOR this reason, 1t
was ramored, that the state had sent
out for two additional witnesses.
Chief Deputy Sheriff Alphonse New
ton inquired + Judge McCrory what
had become of the subpoenas for the
two men which ths state had request
ed. The judge did not know.
II am sure rangers have no author
ity to serve these subpoenas. Judge
Nc(;rory told the chief deputy. The
subpoenas are addressed &c the sheriff
Or constable
Reflect On Sheriff.
ats a reflection on my department"
Chief Deputy Newton said. q. have
never refused to serve subpoena.
either for the STATE or defense aud
II | find a deputy who does I'll fire
him. | don't like to see the district at
torney's office ignore the deputies serv-
ing the court and turn the subpoenas
pver to rangers.
Judge McCrory Instructed the clerk
that hereafter subpoenas must be serv-
hi by n ;heriff or constable.
Neither side would say whether il
soulA announce ready for trial when
fhe case was again called at , o'clock
but it il expected that the state will
make such announcement.