St. Paul recorder., 1961-05-12
Probably Prevented Murders:
Case Agoinst Key
Club Owner Thrown
Our Of Court

Our vt ~0WFT
A night club proprietors action
in shooting an armed patron who
returned to the club after being
elected waving a pistol, probably
prevented seven imminently po-
tential murders" a Minneapolis
Judge said in disrnissing an assault
charge against the proprietor.
An assault case against Henry
(Hank) Sabes, Key Club owner,
was dismissed Monday, May 8, by
Judge Lindsey Arthur of the Min
neapolis municipal court after the
preliminary hearing heard 20 wit
nesses.
Sabes was arrested on a COM
plant signed by Cecil w. Carter,
35, US. government employe, of
S99 Charles, St. Paul who was
shot by a stray bullet in the Club
on April IA. The incident occurred
when Sabes in an effort to get
Richard Hockett, 80, 1856 Port
land Av, Minneapolis to drop a
gun he was brandishing shot twice
wounding Hockett and by accident
Carter who sat in the club watch
ing a stage performance.
Carter was wounded slightly
when a bullet grazed his skull He
filled suit for civil damages from
Sabes shortly after the incident
and later signed a criminal COM
plant for first degree assault
against the club owner.
When arraigned in the third
week of April Sabes demanded
preliminary hearing. The hearing
took three days and the judge
took the case under advisement
rendering his decision Monday
morning May 8.
Judge Arthur said in making
his decision which threw the case
out of court: Use Of force (by
Sabes) was legally justified and
whatever force used had to be i'm
mediately and surely effective.
"a blow or a struggle would
not have sufficed nor did the de-
fendant (Sabes) have time to con-
slider the niceties and degrees Of
possible action"
Testimony in the case included
statements by Hockett, who Is
being held in county Jail pending
possible revocation of a probation
ary term imposed in 1860 for third
degree burglary.
Hockett told the court he didn't
have a gun when he returned to
the night club after being elected.
He admitted returning to the
place and said he came back to
"kick out the teeth" Of the bounc-
er who put him out. He said he
didn't own a gun.
Several witnesses said he re-
turned to the club waving the gun
and shouting obscene language and
threatening to kill the person who
had kicked him out.
Carter, the complaining witness
said he heard the obscene shout
ing when it first occurred, and in
the space Of a few minutes found
himself on the floor with blood
running from a bullet wound in
his head.
He said he saw the first flash
of a gun. He stated he thought he
was hit by the second bullet. Other
witnesses say Hockett was struck
by the second bullet and that the
first bullet must have hit Carter.
The gun, it was testified Hoe
kett was waving was found by a
firarms expert to have been altered
to allow the entire load of seven
pullets to fire with one pull of the
trigger.
Sabes took the stand in his own
behalf testifying he wounded
Hockett because of his fear that
the cursing man might fatally
shoot persons in the establish
ment either employees or patrons.
Minneapolis police had previous
ly refused to sign a complaint
against Sabes after thoroughly in
vestigating the incident despite the
insistence of Mayor P. K. Peter
son.
Police investigation found Sabes
was trying to protect his business
and its patrons when he shot Hoe
kett.
Everything you need to live a