Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-12-02
JUDGE BARS
HIMSELF IN
FIRST TILT
Second Motion To
Quash Is First
Step Taken

The second libel skirmish prelin1-
mary to opening OF the 1000 900
Creager- Golfers libel suit will be
staged 2 D. m. Tuesday when Fed
eral District Judge J. @. Hutcheson,
Jr., viii hear motion OF the defen-
dant to quash citation upon the
p. r. Golfers Publishing company.
"A sudden turn I'm the coming
case was taken when Judge Hut
cheson disqualified himself to sit
in the trial. Judge Hutcheson, a
former class mate or Creager'S at
the University OF Texas, paid high
compliments to the national repub-
lican committeeman I'm diSqualify-
ing himself.
He stated that he was an intimate
friend OF the Brownsville man and
that he could not believe the things
said Of him In the articles in Col
liers which are the basis OF the
libel suit. IL have known Creager
for 30 years as q man Of honesty
and integrity and cannot believe
the things which the defendant
will try to prove. Therefore I shall
disqualify myself TO sit on the case,
the Judge said.
It Is probable that either Judge
Grubbs or Judge Estes Will be
Brought here for the trial.
NO definite date has been set
for the opening Of the suit, but
lawyers believed that it would get
under way the latter part OF this
week, or the first part or next.
AS the case now stands now, only
the =. r.. Golfers Distributing COM
pany is In court. The first citation
served on the p. F. Golfers Pub
fishing company In the northern
federal district or Texas was quash-
ed by Judge Hutcheson nc Houston
recently. One of the reason set out
for the quashing OF this citation
was that 1t was issued by the clerk
Of the southern district and served
in the northern district.
Second Citation
Immediately counsel for the plain
tiff had a similar citation served
in the southern district. The de-
fense then made motion co have
this citation quashed also. It is
this motion which will be heard
Tuesday
AT the opening OF court. the
plaintiff announced ready for trial
but the defense asked for more
time. pending outcome or motions
which it has pending. The defense
has not as yet filed its original
answering petition.
There are two suits, one against
the publishing company and one
against the distributing company
The defense has not questioned the
case against the distributing CON-
pany. which is said TO be a Texas
concern, but they are attempting
to prevent citations from being
served upon the publishing CON-
pany.
The grand jury was empanellec
Monday morning with F. B. Latham
of Brownsville as foreman. Over
200 criminal cases will come before
the grand jury for consideration
F., The majority Of these are liquor
and immigration offenses.
Docket Called Early
The criminal docket was called
early in the day and the judge BE-
gan disposing OF pleas or guilty
He sentenced several immigration
offenders TO deportation before
noon.
The grand jury panel consisted
OF r. L. Wisdom. Pharr; ]. w
Hensley, San Benito; X. u. Lath-
am. brownsville: j. H- Paterson
Brownsville; Paul Cottrell, San
Benito; 4. d. Nance. Harlingeni
FlavIo Gonzales, Rio Grande City
4. III. Cooke. La Feria: Z. B. Wells
San Benito; Jercy Herman, NC
Allen; j. @. Sammons, Edcouchi
r. u. Flynn, Harllngen: j. X. Sum
mers, Pharr: @. NJ. Bellamy. MIS-
sion: @. III. Arbuckle. Combe: Sam
Perl, Brownsville; T. B- Scharn'
berg. Brownsville; l ergorio Pena
Rio Grande Ci... and ]. Fl. McKin'
ney. Mercedes. Several others werl
present but were excused unit
Monday.