San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-01-06
Prosecution Witness De-
clares Two hots Fired
Into Victim.
KHAN is FACTOR
Defense Attorney to Cues.
ton Witness Regarding
Oath Of Organization.

Il
| right hand extended as IL to shake
hands, when he was shot, was the
testimony given by g. 4. Warren, in
the trial Of Frank Robinson, Joe
Acebo, Lee Petzel and Cleve. Golf, in
| the Forty-ninth District Court Of
| Webb county Saturday. Robinson,
Warren said. fired two shots into Rob
| erts while he was in this position.
| The four defendants are charged joint
" with the killing Of Roberts. War
rem also testified to an alleged assault
made upon him by Robinson prior to
the tragedy.
Only two witnesses had taken the
stand when court adjourned for lunch
at IL o'clock. The state has total
of "a witnesses summoned and the
defense SO. It is not believed. however,
that all Of the witnesses will testify.
The Ku Klux Khan issue figured prom.
| inently in the cross examination OF the
two witnesses Saturday morning and
Judge John A. Pope, for the defense,
expects to question Warren further
| regarding the Khan oath Saturday
afternoon.
John A. Pope for the defense caused
| A stir in the court room when, after
the witnesses had been placed under
the rule, he challenged the right OF
private counsel to participate in the
prosecution of the case. Judge John
VI. Mathis explained that he was en-
ployed and paid by Mrs. Fred Rob
| Crts. =,
"Is it not a fact" Pope then asked
NJ. A. Childers, "that you are employ
ed by the Ku Klux KlaDi" Chiiders
replied that he was not. but that he
was employed by Mrs. Fred Roberts.
| David T. Peel. undertaken. of Corpus
| Christi, was the first witness placed
on the stand by the state. He describ-
cd eight wounds in Roberts body. On
cross examination Peel admitted that
he was member of the Ku Klux
Khan, but denied that Roberts, the
dead man. was the klcagle. Peel adj
mitted having worked with Roberts in
the political campaign but denied that
the dead man was the leader of 1t as
representative of the Khan.
Were you along IN the parade to
Bishop when Roberts said that, in Hwo
years. there wouldn't be n Catholic
or Jew holding office in Nueces
county,"
NO" the witness replied.
No Khan Distress Oath.
The witness denied that the Khan
oath REQUIRED one member 10 come "a
the aid Of another in distress. Mrs
Is. Il. Warren. storekeeper. Corpus
Christi was the next witness. In a
clear and firm voice she described the
events leading IN to the tragedy. II
was early Saturday afternoon. October
IL. she said. that she was in the store
her husband being in the rear.
Sheriff Robinson and AccbO came in
J and purchased a sack Of tobacco. War
rem then entered. she said. and in
discussing business conditions. Robin
} son told him that poor business wat
the result of belonging TO the Khan
Accbo then. he said, accused her hus
band of belonging to the Khan. Rob
inson then drew back his hand. sht
said, and. with the remark. "By God
you know you are" slapped him. TIT
two men then left, witness said. ant
she telcphoned for the chief OF police
He came, went across the street. talke,
to Robinson and AcebO. came back Il
the store, and told the Warrens tina
Robinson said he would make NJ
: further trouble.
Called the Police.
After considerable discussion Of tn
slapping incident. Mrs. Warren said
she called Fred Roberts and told hin
what had happened. Roberts came {,
the store. entering via the warehouse
Mrs. Warren. after Roberts arrival
called the police. explaining that sh
, was terrified because the "two mel
were walking up and down in front o
the store A few moments later Rob
erts left the same way he had entered
/ Looking out the front door, she said
D she saw Acebo beckon to some on
= by making a gesture with his head
I "He walked south on Staples street.
D she said, ~and a few moments later
: heard shots from that direction. The
Warren came into the store from tn
r warehouses. At the same time Aceb
o and Lee Petzel appeared at the from
: door with pistols in their hands.
I "Acebo aimed and fired"
= Defense objected TO this testimony Of
t the ground that assault TO murder in
dictments were pending. Judge Null
d lally overruled the objection to whicl
!, exception was taken.
r Warren, she said, jumped behind tn
d counter and she fell prone on the flooI
: 81 saw my husband raise his hea
: and Acebo aimed. / said. Dow
'uS' hV EplHN 70 euOOJ again. IN
? was positive that Acebo fired tw
= shots. Two men were pointing an
= firing, but I couldn't say how man
i shots were fired.
r Il then telephoned for the police.
: A long controversy then arose owe
the admissibility Of photographs Of tb
interior Of the store taken after Il
shooting. On cross examination Juds
u Pope asked the witness IL Ware
e hadn't fired the first shots. "No,
!, had no gum" the witness replied.
IL Had No Guns.
d The witness denied any knowledge I
= her husbands or Roberts membershi
e in the khan. She admitted hayin
= signed a petition to have the chief [
o police investigate for his failure to con
and stay on the scene prior TO II
shooting. A motion in the city coune
: TO have such an investigation mad
3 witness said was lost Judge Poi
r Intercepted witness closely regardiI
+" the reason for the presence OF Ro
s crts and others at the store prior
d the shooting. Mrs. Warren swore TIL
a with the possible exception Of Jes
Wright, all the men in the store wei
in their shirt sleeves and had no gun