Cherokeean/Herald (Rusk, Tex.), Vol. 142, No. 39, Ed. 1 Thursday, November 1, 1990 Page: 1 of 22
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Home of the
Texas State Railroad
State Historical Park
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UL PASO, TX 79903
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Established Feb. 27, 1850 as the Cherokee Sentinel -- Texas' Oldest, Continuously Published Weekly Newspaper
Home of the
State Historic Site
Vhl, 142, No. 39 - 16 Pages
Thursday, November I, 1990
Rusk, Texas 75785 25 cents
General election set Tuesday
CHEROKEE COUNTY COMMISSIONER Bob Gregg, Precinct I, cuts the ribbon Oct.
24, at the new helipad at the Cherokee County Jail. The helicopter landing site
was constructed through joint efforts of Cherokee County, the City of Rusk, Rusk
Volunteer Fire Department and the East Texas Emergency Medical Services, as
well as other county organizations and citizens. Gregg is surrounded by county,
city and chamber leaders, as well as representatives of the sponsoring
organizations. -staff photo
New trial denied; county may have
to pay for Watkins' trial transcript
Cherokee County will probably
have to pay for cost of trial tran-
scripts in the Terry Watkins capi-
tal murder appeals, according to
Defense Attorney John Heath.
Watkins, 44, of Nacogdoches, is
indigent, although his brother, Bill
Watkins, will probably continue to
pay for his attorney, Heath says.
Watkins is currently serving a life
sentence for the March 11, 1989,
murder of Jackie Hicks of Alto. Bill
I' Watkins has paid about 95 percent
of the defendant's legal fees and
probably will continue to pay
Heath's fee, the defense attorney
But, Heath says, Bill Watkins
has refused to pay for having a trial
transcript made for the appeal.
Heath said the county would have
been required to pay for the defense
' if the family had not decided to
continue to do so.
v Watkins said last week that he íb
broke except for about $50 and some
hooks and clothing.
The case will automatically be
appealed to the Court of Appeals in
Tyler. Had Watkins received a
death penalty, the case would have
been appealed to the Court of Crimi-
nal Appeals in Austin.
Judge Bascom Bentley of the
369th District Court denied a mo-
tion Friday afternoon for a new
trial for Watkins. Watkins was
convicted by a Cherokee County
Jury, Aug. 12, for the capital
murder of Hicks.
Heath said that although the
appeal could be based on about 50
points, he basically raised three
Heath called several juiy mem-
bers to the stand in an effort to prove
misconduct on the part ofthe jurors.
He questioned jurors extensively to
determine if they used the fact that
the defendant did not testify as a
reason for the guilty verdict. They
were also questioned concerning the
nature of discussion of a juror's
experience in alcoholism.
By law, as well as the U.S. and
Texas constitutions, a defendant is
not required to testify against him-
self. Jurors are instructed not to
consider as evidence the fact that a
defendant does not testify. Heath at-
tempted to prove that the fact of the
Watkins' failure to testify was re-
peatedly alluded to by jurors during
their deliberations as a means of
persuading a juror to change their
Also, Heath alleged during the
hearing Friday that there was un-
sworn testimony back in the jury
room. Jurors were questioned con-
cerning an alleged statement for
another juror concerning personal
accounts related to alcoholism.
Heath says there was no evidence in
the trial that Watkins was an alco-
Heath says the case was "ill con-
ceived from the beginning" since it
did not fit the definition of murder
for remuneration for a capital mur-
District Attorney Charles
Holcomb argued that the remu nera-
tion involved was the expectation
that Watkins would benefit from an
insurance policy on Hicks.
Heath attempted to establish the
fact that Watkins should not have
received capital punishment under
the present law.
Heath argued that there was no
evidence that Terry Watkins en-
tered into an agreement with a third
party; and there was no record of
any basis that Watkins would bene-
fit from the death of Jackie Hicks.
Heath said "within an hour of
Hicks' murder, law enforcement of-
ficers were put on notice of other boy
friends of Mrs. Hicks. Now, 18
months later, there is no evidence of
the state having contacted these
In a third point concerning the
motion for a new trial, Heath ques-
tioned if the court had erred in re-
fusing to allow testimony reopened
immediately after the trial.
Tim Taylor, an investigator, hired
by the county testified that he had
not been allowed to interview Mrs.
Holcomb claims that Taylor had
been hired to do specific things and
objected to Heath interviewing an
employee of the district attorney's
Calendar: News Briefs
Society to meet
The American Cancer Society
Board of Directors for the Rusk unit
will meet at 5:15 p.m. Nov. 5 in the
conference room of Rusk State Hos-
pital. Karen Znoji of the Lufkin
Cancer Society will be guest speaker,
according to Robert Arizpe, presi-
dent of the Rusk unit of the Ameri-
can Cancer Society.
Free CPR course
; A free CPR course will be offered
once a month at the East Texas
Medical Center—Rusk, according to
Nancy Sellers, instructor.First ses-
sion will be at 6:30 p.m. Thursday,
Nov. 8. Sessions will continue every
second Thursday. Pre-registration
is requested by calling the hospital at
The Hudson Chapel Church
Homecoming is planned for 10
a.m. Sunday, Nov. 11. Everyone is
invited to come and bring a covered
dish,according to members of the
• A group of area citiaens are at-
tempting to get a Weight Watchers
Class started in Rusk. East Texas
Medical Center—Rusk has agreed
to have the classes at its facility. At
least 75 signatures are needed to
obtain Weight Watchers personnel
Interest person* can sign up at East
Texas Medical Center-Kunk,
to local radio, cable
for election returns
Local and state election returns
will be broadcast over Tuesday
evening over the facilities of
KTLU-AM; KWRW-FM; and
Galaxy Cablevision Channel 9.
The program will carry returns
from the Cherokee County Court-
house and returns through the
Texas State Networth
Band Club meets
The Band Booster Club will meet
at 7 p.m., Nov. 6, at the band hall.
Mr. Robbins will show a film ofthe
band's performance at the recent
marching contest. Reports on three
completed projects wjll be given. The
Band Booster Club extends a thanks
to all of Rusk for the success of the
beef-n-bean dinner, half ofbeef raffle
on Nov. 2, and the band booster club
membership drive which is still in
All parents of band students are
invited to attend and support the
Rusk band program.
Bib - Study Set
Calv. y I' iptist Church will be
ofient o ek course "Journey
Thro . i m 'libit* beginning Nov.
7 at |M< Kor more information
ton' I Frank Hotrathttt214/
Harvest of Love
Harvest of Love is scheduled for 9
a.m. to 5 p.m Saturday at the First
United Methodist Church. Crafts,
Christmas specialty items, baked
goods, books, homemade jellies,
jams and etc. will be offered for
sale. There will be grab bags, white
elephant sale, live pot plants, cook-
books, live music. A turkey dinner
will be served from 11 a.m. until 2
p.m. for $5 each.
Stated meeting set
Stated meeting of WellB Lodge
915 will be held Nov. 6, beginning
át 7:30 p.m. for the purpose of con-
ducting old and new business. All
master masonB are urged to attend.
Refreshments will be served.
Rusk's first Fall Fest has been
termed a success by local organ-
izer Beth Bishop.
Mrs. Bishop says between 3,000
and 4,000 persons came to Rusk
to attend the two day event Ac-
tivities began early Saturday and
continued through late Sunday
Parking spaces around the
square were filled and traffic in
local stores was good. Most mer-
chants reported sales extremely
good for • Saturday
Voters will go to the polls from 7
a.m. to 7 p.m. Tuesday in Cherokee
County to cast votes for a governor,
a U.S. Senator, a Congressman,
Lieutenant Governor, a district
judge, state representative, as well
as other state and local officials.
Most state and federal races are
contested, while only the 369th
District Court judge; chief Justice
12th Court of Appeals and State
Representative, District 12 are
contested on the local level.
The ballot will list:
United States Senator Repub-
lican Incumbent Phil Gramm;
Democrat Hugh Parmer; and Lib-
eratarian Party Gary Johnson.
U.S. Representative, District
1: Hamp Hodges, Republican; and
Incumbent Jim Chapman, Demo-
Governor: Clayton Williams,
Republican; Ann W. Richards,
Democrat; and Jeff Daiell, Libera-
Lieutenant Governor: Rob
Mosbacher, Republican; Bob Bul-
lock, Democrat; and Tom Owens,
Attorney General: J.E. (Buster)
Brown, Republican; Dan Morales,
Democrat; and Ray E. Dittmar,
Comptroller of Public Ac-
counts: Warren G. Hardin Jr.,
Republican; John Sharp, Democrat;
William E. (Bill) Grisharn, Libera-
State Treasurer: Kay Bailey
Hutchison, Republican; Nikki Van
Hightower, Democrat; Suzanne
Commissioner of the General
Land Office: Wes Gilbreath, Re-
publican; Garry Mauro, Democrat;
and Richard C. Donaldson, Liber-
Commissioner of Agriculture:
Rick Perry, Republican; Jim
Hightower, Democrat; and Karen
A. Tegtmeyer, Libertarian.
Railroad Commissioner: Beau
Boulter, Republican; Robert (Bob)
Krueger, Democrat; and C .W.
Chief Justice, Supreme Court:
Tom Phillips, Republican; Oscar H.
Justice, Supreme Court, Place
1: John Cornyn, Republican; Gene
Justice Supreme Court, Place
2: Charles Ben Howell, Republican;
Bob Gammage, Democrat.
Judge, Court of Criminal Ap-
peals, Place 1: Joseph A. (Joe)
Devany, Republican; Frank
Judge Court of Appeals, Place
2: OH ver S. Kitzman, Democrat; Sam
Houston Clinton, Democrat.
Judge Court of Criminal Ap-
peals, Place 3: Bill White, Demo-
crat: Carol Caul, Libertarian.
Judge Court of Criminal Ap-
peals, Place 4, Unexpired Term:
David Berchelmann, Republican;
Charlea F. (Charlie) Baird, Demo-
Judge, Court of Criminal Ap-
peals, Place 5, Unexpired Term:
Louis E. Sturns, Republican; Morris
L. Overstreet, Democrat.
State Representative, District
11 Frances Ann Dear, Republican;
Elton Bomer, Democrat.
Chief Justice, 12th Court of Ap-
peals District: Tom B. Ramey Jr.,
Republican; Melvin D. Whitaker,
District Judge, 369th Judicial
District: Michael B. Dear, Republi-
can; Bascom W. Bentley III, Demo-
Uncontested races include:
Member State Board of Education,
District 9, A. M.Bob Aikin; Judge,
County Court at Law, LeRue Dixon;
County Judge, Craig D. Caldwell;
District Clerk, Marlys Sue Mason;
County Clerk, Fairy Upshaw.
Also, County Treasurer, Diann
Norton; County Surveyor, Wayne
Also, Justices of the Peace, Archie
Cook Precinct 1; Dalford Stewart
Precinct 2; Ray Patton Precinct 3;
Bobby Caveness, Precinct 4; Alton
Hicks, Commissioner Precinct 2; and
Billy McCutcheon, Precinct 4.
Voters will vote on a proposed
constitutional amendment clarify-
ing the senate to appoint state and
district offices for filling vacancies.
Box 5, County Building at Wells.
Box 6 East Alto, County Barn,
Precinct 2: State FM Highway 85.
Box 7, West Alto; Alto Fire Sta-
Box 8, South Maydelle, Maydelle
Assembly of God Fellowship Hall.
Box 9, North West City of Rusk,
Shrine Building, Fifth Street, Rusk.
Box 10, North East City of Rusk;
County Courtroom, Courthouse,
Box 11, North Rusk, Blunts
Chapel Baptist Church, Highway
Box 12, North Rusk (Gallatin),
Gallatin Community Center.
Box 13, North Maydelle, Maydelle
Box 14, South East Jacksonville
(Turney), Corinth Baptist Church
Box 15, South East City of
Jacksonville, Tyler Street Baptist
Box 16, South West Jacksonville
(New Hope), New Hope Baptist
Box 17, South Central Jackson-
ville, Precinct 3 County Barn.
Box 18, West City Jacksonville,
County Tax Office Sub Station,
Box 19, West Jacksonville, Reese
Community Center at Reese.
Box 20, North West Jacksonville,
Cove Springs Baptist Church Edu-
Box 21, Mixon, Mixon Commu-
Box 22, North City of Jackson-
ville, Sweet Union Baptist Church.
Box 23, North City of Jackson-
ville, Public Library.
Box 24, North Jacksonville, Te-
cula Baptist Church Fellowship
Box 25, New Summerfield, New
Summerfield City Hall.
Box 26, Pleasant Hill, Pleasant
Hill County Building, State High-
Box 27, Ponta, Ponta First Bap-
Box 28, Concord, Concord Pres-
byterian Church Educational Build-
Box 29, Forest, Old Post Office
Box 30, South Rusk, Salem Bap-
tist Church, State FM Highway 241.
Box 31, Dialville, Dialville Meth-
Box 32, Mount Selman, Mount
Selman United Methodist Church.
Rusk plans Christmas activities
The Christmas Activities Com-
mittee for the Rusk Chamber of
Commerce has announced plans for
the various Christmas related ac-
tivities that will take place during
the months of November and De-
The parade theme is "A Country
Christmas in Rusk." All organiza-
tion individuals, bands, churches
and etc. are urged to participate in
the parade at 4:30 p.m. Nov. 30,
says committee members. "We
would like to make this the biggest
parade we've ever had in Rusk,"
stated Anita Ocker, chairman.
There will be cash awards which
will be announced later.
The lightening ceremony will be-
gin at 5:15, Nov. 30 on the North
side of the courthouse. Mark Rowl-
ott of KETK56 will be the master of
ceremonies and Perry Eaton will be
i n charge of the music portion of the
program. All businesses are asked
to participate by decorating their
store and store windows with the
clear miniature lights and using
the holiday theme. There will also
be a cash award given for the best
The annual (except for last year)
Kiwanis Pancake Supper will be
from 5 to 7:30 p.m. at the Civic
Center on Euclid Street. Prices are
$3.50 a plate for everyone.
This year there will be a "Tasting
Tea" from 11 a.m. to 2 p.m. Satur-
day, Dec. 1 at the home of Kay and
Jerry Jordan, 212 South Main.
There will be a variety of foods to
sam pie and Christmas music for all
to ejyoy. Admission is $5 a person
and will include a cookbook of all
the recipes submitted. All persons
interested in submitting a recipe
can contact Chris Rozelle at 683-
Omicron Gamma Chapter Tour
of Homes will be Sunday, Dec. 2
from 1 to 5 p.m. Admission is $5
advance and $6 at the door. Homes
to be included in the tour will be
Vicki and David Beard, Joe and
Debbie Daniel, Arlene and Ike
Frazer, Mr. and Mrs. Lynn Taggert
and Mr. and Mrs. Billie Durrett.
Tickets can be purchased from any
Homes will be judged with various
cash awards given for different cate-
gories. Details will be announced
The annual Christmas concert for
the Rusk Junior High and High
School bands will beat 7 p.m. Thurs-
day, Dec. 13 at the Junior High cafe-
Snacks with Santa will be at 2
p.m. Saturday, Dec. 8, at the Shrine
Building. There will be snacks, sto-
rytime and pictures with Santa.
Admission is $3 per child. Reserva-
tions must be made in advance by
The Cherokee Civic Theatre will
present "A Miracle on 34th Street,"
at 7:30 p.m. December 7 and 8 and 2
p.m. Dec. 9. Desserts will be served
A merchants' promotional "Treas-
ure Hunt" is planned with details to
be announced later. There will be
caroling by various groups and
The High School Choir Christmas
concert is set for 7 p.m. Monday,
Dec. 10 at the Junior High School
cafeteria. The Junior High School
Choir Concert will be at 7 p. m. Dec.
6 at the Junior High School cafete-
•See HOLIDAY, p. 2
A HORSE DRAWN carriage wa« among the featured attractions Saturday and
Sunday for the Rusk's First Pall Fest (Please see page 2 for other photos).
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Cherokeean/Herald (Rusk, Tex.), Vol. 142, No. 39, Ed. 1 Thursday, November 1, 1990, newspaper, November 1, 1990; Rusk, Texas. (texashistory.unt.edu/ark:/67531/metapth151979/m1/1/: accessed February 19, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Singletary Memorial Library.