The Gatesville Messenger and Star-Forum from Gatesville, Texas • Page 12

12-A THE GATESVILLE MESSENGER, THURSDAY, JUNE 24, 1976 In Murder Case Defense Motions Filed Byron McClellan, 52nd District Court judge, last week approved the employment of Charles R. Young, a private investigator, to assist courtappointed Copperas Cove Attorneys James R. Thompson and Mark S. Knapp in preparing the defense of Richard D. Smith on a capital murder charge.

Smith and Dennis Neal Ripley are charged with the knife slaying of druggist Travis R. Durham in Comanche. Their trials have been transferred from Comanche to Gatesville on a change of venue. The two defendants will be tried separately. Smith's trial has been tentatively set for Aug.

9. At a pre-trial conference here June 16, Judge McClellan approved the appointment of Young as an investigator for Smith's defense with the proviso that the expenses to the state of his employment not exceed $500. Attorneys appointed to defend Ripley are Phil Zeigler of Gatesville and John Guinn of Copperas Cove. Attorneys for both Smith and Ripley have filed motions for discovery and inspection of all evidence assembled in the cases, including statements made by the suspects and by persons questioned in connection with the offense, photographs, drawings, charts, fingerprints, footprints, etc. Also asked is a complete physiological examination for Smith at Scott and White Hospital in Temple and a complete mental examination for Ripley.

The judge is to enter hisruling on the defense motions June 30. District Attorney Bob Cummings, prosecutor in the case who has announced he will seek the death penalty against both defendants, stated he opposes none of the defense motions filed so far except the motion that Smith's tion be given at Scott and White Hospital. "'That provision will be contested," the district attorney said. Mr. Durham, 57, was found fatally slashed in the throat and bound hand and foot in the office of his drug store in Comanche last April 15.

Cash and narcotics had been stolen from the store. Smith, 25, and Ripley, 22, were arrested three days later and charged with the crime. They are being held in Coryell County jail without bond. Ruling (Continued from Page One) charging higher rates, on a temporary basis, until a court decision is entered on the permanent injunction. IN A MAY 27 preliminary hearing in 52nd District Court, John Shirley, a Texas City attorney representing Community Public Service in the suit, declared that Texas statutes require only three facts to be proven for granting a temporary injunction in rate actions.

"First we must prove that the company is entitled to some rate increase," he said. "We must also show that irreparable damage from loss of revenue will be done, and we must also show that we have posted bond for possible rebate to customers should we not (be successful in getting the rate increase approved. We are prepared to prove all three items." we lose the plea in abatement and a temporary injunction is granted, we will try to get to court by mid-August with the permanent injunction hearing," Salter said. "It would be tragic, for both sides, to let this thing drag out for several The city council rejected the CPS request for a rate increase that would amount to 17 per cent for most of its Gatesville customers but would range up to 35 per cent for some. The council had been told by company officials that "there is no compromise built into this rate request." Defense (Continued from Page One) their homeland." He concluded that Congress has the responsibility to see that the U.S.

maintains an adequate defense posture, and said it was up to the American people to we that Congress meets that re Casey Addition Survey Okehed By BILL HERRIDGE The Gatesville city council Tuesday night took the first step toward annexation of the Casey Addition, located on the city's eastern outskirts, by giving voice approval to preliminary survey results. The survey indicates the city's original plan to absorb only an area including 200 feet on both sides of Hwy. 84 east to the vicinity of the Texas Highway Department barn, and extending one lot's depth on either side of Royal Drive in the addition. City Manager Steve Fore told the council that the next step would be to compile field notes taken during the survey and insert them into an ordinance for council action. Acting with businesslike efficiency, the council sped through its light agenda in only 35 minutes--a short time in comparison to marathon meetings in recent months.

The only formal vote taken during the meeting was to approve the budget for revenue sharing funds due the city between July 1 and December 31. ALTHOUGH a public meeting had been called prior to council consideration, no citizens were present to question the document, and the council promptly passed the $29,200 spending bill. Reflected in the revenue sharing budget are expenditures of $4,800 for public safety, $4,000 for a pickup truck, $14,200 for booster pumps i in the city's east and west sectors, and $6,200 for general government. The council had agreed to set aside about $6,500 for possible city auditorium renovation, but Fore reported a miscalculation in figuring the budget, and informed the council that $7,000 would be available for auditorium use. Smoky Moore asked the council for relief in street conditions in the area of his Re-zoning Requests Due Study Gatesville's planning and zoning commission will hold public hearings at 7:30 p.m.

Monday at the city hall to consider four requests for re-zoning. The applications involve changes from residential to commercial classification. The commission will consider requests from Gary Davis, who plans to convert a residence in the 500 block of Bridge Street to a day care center, and from Don Allison, who wants his property on North 8th Street re-zoned from residential to general business to conform with existing use. Other requests to be considered have been filed by Charles Derrick, who plans to locate an electrical supply store on property in Westview Addition, and from Northern Propane, which wants to change a lot on State School Road from residential to retail. The firm plans to operate an appliance store at that location.

Members of the zoning commission are F. W. (Jack) Straw, Loyd Ivy, Frank P. Harris, Howard Franks, Mrs. Barbara Brown, Sotero Gomez and Bill Herridge.

Man Given Probation Perry Gordon Bennett, who pleaded guilty to an indictment charging possession of marijuana, was placed on probation for five years by Judge Byron McClellan in 52nd District Court Monday. Other defendants named in indictments returned by the grand jury in early June were arraigned Monday. The defendants either waived arraignment or entered pleas of innocent, and July trial dates were set for several of them, The judge ordered the bonds of Kim H. Campbell, Don E. Heydorn, Dale R.

Nerby, James Troy Strickland and Gerald Joe Vasek forfeited when they failed to appear when their cases were called. Campbell and Nerby are charged with possession of a controlled substance, Heydorn with burglary of a habitation, Strickland with possession of marijuana, and Vasck with failure to stop and render aid. State Capital News Doctors Eye Risk In Flu Program residence on Golf Course Road. He also asked for speed limit signs in the area and installation of a sewer line. Mayor Creston Brazzil sured Moore that the street would be patched, and signs would be installed.

for the sewer," the mayor said, "we can't promise you a thing. All we can say is that something will be done when and if funds are available." IN HIS REGULAR report to the council, Fore said he had been contacted by a junior college wishing to reserve the city's tennis courts on Saturdays for use by an instructor. Cost for lessons, he reported, would be $10, and the courts would be closed to the public during lessons. The council took no formal action on the request, taking a first-come, first-served attitude on use of the courts. By LYNDELL WILLIAMS Texas Press Association AUSTIN--Texas doctors have expressed increasing concern about the swine flu Jersey) immunization program.

"'The medical risks probably will be low for patients. But health care providers may suffer from a plague of liability said Dr. Jack Haley, president-elect of the Texas Academy of Family Physicians. Haley told public health workers here doctors probably will participate fully in the massive immunization in spite of feared legal risks. Haley predicted pharmaceutical firms and physicians will be major targets for lawsuits.

Such claims, he stated, could "prove troublesome at the CHECKING ASSIGNMENT--Capt. Gary Sharp, right, company commander, and First Sgt. J. B. Cooper check an assignment sheet during a break in annual training at North Fort Hood as their unit, Gatesville's Company of the 949th Maintenance Battalion, was successfully undergoing an Army Training and Evaluation Program test.

In ARTEP Test Local Guardsmen Demonstrate Skills By RICHARD GRIMMETT NORTH FORT HOOD Gatesville's direct support maintenance company of the National Guard's 49th Armored Division served last week as the first Army-wide unit to undergo and perform the Army Training and Evaluation Program for that type unit while in a field bivuoac environment. And, according to Capt. Gary Sharp, commander of Company 949th Maintenance Battalion, the goals which have been outlined in the test program formulated at the Aberdeen Proving Grounds, Maryland, were "'met most successfully." The author of the program, Cloyd Senn of the training analysis and evaluation section at Maryland, was joined by S-Sgt. Steve Harrington, also from Maryland, as the two observed the National Guard unit complete the assigned tasks. Included in the tasks which the unit faced on the rolling terrain of the Central Texas military post was an assignment to remove the engine of a truck, replace a clutch plate and replace the engine and have it operating within an eight-hour period.

According to Capt. Sharp, the auto repairmen within the section accomplished the mission in "about half the time allotted." Later in the day, members of the outfit replaced the turbocharger in a D7E Caterpillar. Sharp was quick to praise his troops, who were bivuoacked while participating in the program. Sharp said the ARTEP is designed to provide guidance for conducting training and evaluating the mission performance capability of the unit. "It establishes minimum training and evaluation standards in terms of acceptable degrees of proficiency and levels of performance, and provides guidance for attaining the standards," he added.

it was designed to evaluate the effectiveness of past training, to provide an assessment of future training requirements and provide guidance for determining the unit training condition of Active Army and Reserve components," Sharp said. At the time of the test, conducted during Company D's second week of annual training. the unit was in support of an least," though collections are unlikely. Jersey flu immunizations should prove "low-risk" to patients who are not allergic to eggs, doctors report. now appears the federal government and the Texas Department of Health Resources will be unable to provide liability protection," Dr.

Haley said. "Some doctors will have to supervise huge clinics immunizing hundreds of people very quickly. There is no way a physician can personally oversee each injection and still have everyone immunized before flu season." Haley reported a Texas Medical Association survey shows more than 50 per cent of physicians responding have quit doing surgery and delivering babies, procedures which cause many suits. The survey showed another fourth of Texas doctors will lose their malpractice insurance within a few months. Dams Need Repair Sixty-two Texas dams need major correction, and more than Hospital Brick Is Changed The grey-colored brick recently selected by the board of directors of the Coryell Memorial Hospital Authority to face the new hospital building being constructed in West Gatesville won't be used after all.

After the order was placed, manufacturers of the brick said that it could not be delivered before September and building contractors figure it will be needed before then. The hospital board was to have met yesterday and picked another color of brick. A total of 45,000 bricks is to be used in facing the $1.9 million hospital building. Social Security Agent Is Here On Wednesdays A representative of the Temple Social Security Office is in the county courtroom in Gatesville at 9 a.m. each Wednesday to help area residents in filing applications for social security retirement, survivors, disability or Medicare insurance benefits.

The representative will also provide information about and assist persons in filing for payments under the supplemental security income program. Dates of upcoming visits by the representative are July 7-14-21-28, Aug. 4-11-18-25 and Sept. 1-8-15-22-29. 600 are in need of repair or some changes.

Another 250 have 1 no permits, as was discovered in inspections going back to 1968. Some steps already are being taken to fix the 62 dams which are in the worst shape. Price Gets Scout Post Harvey Lee Price, Scout Executive for the Heart of Texas Council, Boy Scouts of America, in Waco from 1949 to 1959, has been appointed acting Chief Scout Executive, the top professional position in the five million member Boy Scouts of America organization. While in Waco, Price supervised the Scouting program in Gatesville and has many friends in this area. Since leaving Waco, he has been Scout executive at Oklahoma City and Los Angeles.

He will move soon to BSA's North Brunswick, N. headquarters. To Marry in Pasadena Mr. and Mrs. Jerry M.

Fonville of Pasadena announce the engagement and approaching marriage of their daughter, Paula Gail, to Russell Wayne Box of Gatesville. He is the son of Mr. and Mrs. Howard Bridges of Killeen. The bride elect is a 1971 graudate of Pasadena High School and a 1973 graduate of San Jacinto Junior College, holding an associate arts degree.

Miss Fonville is also a May graduate of Sam Houston State University in Huntsville, holding a bachelor of music education degree. She is a member of South Main Baptist Church of Pasadena. The prospective bridegroom is a 1972 graduate of Gatesville High School and in May he received a bachelor of business administration degree from Sam Houston State University. He is employed with Uniroyal Merchandising Company in Houston. Mr.

Box is a member of the First Baptist Church of Gatesville. The wedding is planned for 8 p.m. Aug. 7 in the South Main Baptist Church, 224 South Main, in Pasadena. HOMEMAKING HINTS Pressure Canner Safety Is Important by LAURA JANE PAIR County Extension Agent Home canning season is under way, so be sure your pressure canner produces a product that is safe to eat.

After all, there's a lot of work that would be wasted if the food is not edible. A temperature of 240 degrees F. is necessary to destroy bacteria spores that are present in low-acid foods, which include vegetables other than tomatoes and rhubarb and most fish and poultry. If the bacteria is not destroyed, it grows in jars or cans of food that are sealed. It produces a toxin that causes the deadly botulism poisoning.

If you're planning to buy a pressure canner, look for features that assure adequate pressure can be safely reached and maintained. Look for these features: 1. An accurate dial or weighted gauge that gives 10 pounds pressure at sea level and up to 15 pounds in areas of Texas 2,000 feet or more above sea level. Ten pounds of pressure is adequate in Coryell County. 2.

Rubber gasket or lugs that enable the canner to be airtight to help maintain pressure. 3. A vent tube or petcock for exhausting air from the canner prior to sealing. Air is a poor conductor of heat. 4.

Petcock or other safety device for allowing steam to escape automatically if pressure goes above the level for which the canner was developed. 5. Metal used that is strong enough to withstand the pressure needed. 6. Heat-resistant handles on lid and kettle that enable safe handling.

7. Rack to hold jars off bottom of canner to allow for steam circulation. Home canning jars can last 10 years or more if used and stored properly. It's good practice to always use' standard home canning jars which have the name of the manufacturer on the side of the jar. These are mechanically shock-resistant to withstand minor bumps against other jars and the pressure required to process low acid fruits, vegetables and meats.

Do not use packers' jars, such as empty mayonnaise and pickle jars. These should not be put in the pressure canner because they are designed for one-time packing and for foods which are not pressure processed. In packing the jars, be careful not to strike the bottom or scratch the sides of the jar with a knife or spatula. This weakens the jars and may cause them to break when they are under pressure. Use jar lifters to remove jars from the water bath or pressure Sanders' Ship In Naval Review Navy Radioman First Class William R.

Sanders, 28, son of Mrs. William C. Sanders of Copperas Cove, is scheduled to participate in the International Naval Review in New York harbor on July 4 as a crewman of the guided missile cruiser USS Wainwright. He is one of the 20,000 Navymen taking part in the Navy's formal Bicentennial commemoration of this nation's maritime heritage. The review will include a total of 50 ships representing more than 30 countries.

Sanders, a 1965 graduate of Copperas Cove High School, joined the Navy in 1965. His ship is homeported in Charleston, S. C. canner. This prevents burns and reduces the danger of breakage.

Cool jars away from drafts to prevent breakage. Remove the lid by sticking an ice pick in the center of the jar lid and lifting up. This releases the pressure for easy removal and also prevents nicking the lip of the jar. Nicks on the lip of the jar can prevent the sealing the next time. Once used, the jars should be stored undisturbed for next year's canning.

Elizabeth Davis, Ernest Nickell Lee Engaged to Wed Mr. and Mrs. Thornton Davis 2nd of Potts Camp. have announced the engagement of their daughter, Elizabeth Ann, to Ernest Nickell Lee Ill of Oxford, son of Mr. and Mrs.

Ernest Nickell Lee Jr. of Rock Hill, S. C. Miss Davis is the granddaughter of the late Mr. and Mrs.

Frank Ira Upton of Lampasas. She is also the granddaughter of Mrs. John Farwell Anderson Davis of Cohasset, and the late Mr. Davis. She is a graduate of Potts Camp High School and is presently a student at Harding College in Searcy, where she is a member of Alpha Chi honor society and Zeta Rho social club.

She plans to graduate next May with a BS degree in nursing. Mr. Lee is the grandson of the late Mr. and Ernest Nickell Lee Sr. of Virginia and the late Mr.

and Mrs. Frank Columbus Hager of West Virginia. A graduate of Corinth High School, he attended the University of Mississippi and plans to obtain a BA degree in management. He is now employed at Graceland's Convalescent Nursing Home in Oxford. The wedding will take place at 7:30 p.m.

Friday, July 23, at the Fant Avenue Church of Christ in Holly Springs, Miss. Saunders Home From Hospital Don Jake Saunders returned home Friday from Providence Hospital in Waco, where he underwent medical tests for a heart ailment. He has returned to his position as medical artist for Medical Plastics Lab on a part-time basis. He expects to be able to work full-time in the near future. VISIT MRS.

CLEMENT armored brigade which was training its maneuver battalions prior to deployment. Sharp said that "emphasis was directed toward reducing the inoperative equipment and establishing the readiness posture of the brigade to insure the success of future combat missions." Gatesville unit members Saturday fulfilled their two week training period at a stepped-up pace, cramming a year's worth of training into the two weeks at North Fort Hood. More than 12,000 National Guard men and women were in North Hood's tent city last week and about 50 per cent of the force, including the Gatesville unit, departed on Saturday while the remaining 6,000 are wrapping up their final training phase this week. Those visiting in the Mrs. Ben Clement home at Mound over the week end were Mrs.

Jack Aufill and children, Jennifer, Ben and Camille, of Lubbock. Mrs. Aufill came to attend the 20th anniversary reunion for members of Gatesville High School's Class of 1956. Also visiting in the Clement home were Mr. and Mrs.

Edgar Crow and Tom of Mobile, and Andy from Anchorage, Alaska. He is aboard a Global Oil Co. ship working with his cousin, Clayton Jones. The Crows were on their way to Possum Kingdom to attend the JonesCrow family reunion. Kimberly Stevens and Jennifer Aufill accompanied them to the reunion.

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