The Palmer Rustler (Palmer, Tex.), Vol. 31, No. 22, Ed. 1 Thursday, May 31, 1956 Page: 2 of 4
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* •
—Ttonfey. May 31, itsc
fton Wins Case
Jury Trial Here
pot plants, shrubs, rose bushes
and nursery stock."
Juror* empaneled Here Ixryd for W'Hifig diwaied plant*.
Pool Ha retail McCollum. Frank Grafton asked Watson if be
’’•-Me /i* immediately before the *a.s pleading "not guilty
• a e wa* called for trial at 10j FIK&T WITNESS
First Witness for tlie
nursery «toHt on the ground*, Taylor replied that at the time he didn't think it necessary to
inat it wa* a pari oi the law he turned Judge Duke Liuke did call any witnesses, bur changed
which would be presented to the not want to tccopt the charges. hi» mind ahd tailed Rp.v Hack*
jury at the proper time. Dube adding that the Duke ‘wrote me iiey, manager of Perry [Brothers
•pithe objection. a letter and aald id 1 would visit {Store, who testified that he han-
illeaaon then took tile wane** !uTr h* W0UW accept the die* nl^”l\hrldi«dmse hushes
again and, after stating that1 9^‘
Grafton wa* charged with sell-' THIRD WITNESS
mg youpon holley and Uguxtrujii, j 'Hie third witness called by | Grafton asked Hackney if lie
asked him if this was floral or (the prosecution was M B. Mose- had a license and Hackney re
nursery stock. ley, city secretary, who testified ' plied that he had an “official
. . . , . . that a bill from Amelia Ann inspection certificate.”
jZTJwtZrlS3 &,he! «—• «**<"*
i- Dubb, TtMWDic Mr« Rob M -v,, theIre,. •!“’* iST.' ^
have tlie tone to make a you^HHi ^jjy plants. *ix ligus-
thorough examination of all lrJ3Taiul other plants,
plants on hi* inspection trips, j cjrafton objected to tlie read , ,,
, , a x t r 11< u . <> ranon men asaen w at von u bttf a *urvt* «,d mg of the lists, stating that only ^ cou,d st‘11
tZ^JlTrjLu luh unlawful* he knew that the law gave him n X‘i^iKl of VOt,,M>fl hol,y aml ll*Ub,rum Gleason allowed the testimony
1 ^ «- r.«M to •»»!*.•. <r«. mmI iT*. “ ,he *“»• •»*»* ltack«yy Had "a re-
plants even on private grounds . plaint tail dealer’s certificate,
jnd slated that tie believed the Grafton objected to the prose' Gleason contented that the "et Hackney testified that the in
law to be in conflict with the altorney using "leading j cetera” in the charges covered spector had never instructed
Hdl of Right* question*” for the ftithcranc* of ehe other items.
Grafton *aid he wa* sure the ,a* ^ ! FOURTH WITNESS
>ury understood that fie wa* not hEt^JNI# WITNESS As his fourth witness. Gleason
a lawyer and asked their indul- Agriculture Department So -called Jack McKay, manager of
gence if fie did not always pre perviior Taylor, tlie cowplainaiit . the Ennis Chamber of Commerce
sent his case in the aooroved wst* the second witness called who was mayor of tlie city of
state manner by the prosecution Ennis at the time the alleged
such term* as et cetera ” j Taylor said My office receiv-1 sale of ’ youpon holley. ligus-
Oration It,on ufed Wm >1 *" * a'M< 1 ““ »»(• «* j ,ru“‘ ** w»s
to make tlie investigation McKay said he was acting as
Taylor stated that limited time ; purchasing agent for tlie city of
and fund* make it necessary j Ennis and that the city had
~ «** “ pUnM.* adding
that his own certificate was for
things including fruit trees, panied
a retail floral stock and that the
law does no; define floral stock.
p took a ftix-man jury ap
i v.mately ten minutes to ele* t
,i foreman and return with a__
vf t’en verdict of Not Guilty’ ert Howard and Clay Mendhr.m around Enm*
listening for more than Gleason stated the (***• in Watson *aid he fiad not, but
two hour* to ihe evidence and *hi<-h M G Taylor of Arling* fbat he had in*peited true* af
arguments in the case ot Paul ton district mpHtinor of the some other towns.
• sf&ffon on trial m Jud.-c ( VI i »iwn< <a a p r i c ii it u r *» Grafton then axkeij tt.ifmn if
Duke's justice of the peace
court Monday on charges o f
idling nursery tlo«k Without a
valid official nursery inspection
' eradicate.
Grafton, co-owner of Amelia
Ann Florists upr.n being offered
opportunity to make a set-
strum et cetera ”
Duke overruled Grafton's mo
tion that the complaint be dis-
nussed on the grounds that it
dealt in generalities, including
Grafton announced that he
fie found azalea* for sale in nur-
series and if tie also found them
'°Wa!so#? replied *thaT "if they ! d*F*rlm*ni make rep j bought and received tlie plants hl,eU,<m
,i m said “The only settlement
1 »“•*•«■?« ,or “ rom',ltu' wa, J C. WMM who M,d ho
tl . , fiad been inspecting for the Mate
G.'ijft n. who calls h<m*e!, a departn*ent of agriculture for
Jiard headed Irishman, announ- approximately 13 years and that
ed hat he would plead his own jft (xiof>er. 1965 he went to the
case and a^ked for a juix Amelia Ann Florists to issue a „.IJU1I ^ ^ ^ ^
lb -aid he did not trunk .he • certificate for floral stock for , ^*1^7,11 t’hlv l’Lh [fruenlstwr' mfepeclion* or in question for a landscaping
h„ violated any *aw or regula- aD(j msped what he had ' either one ” 7 '"spot cfieck* rather than tlie project at the new Ennis Mumci-
Wt»en Grafton asked Watson D«»* consuming examination ot pal Hospital wing,
if lie knew that there was a Grafton then asked Watson each plant He stated that tlie At this point, Grafton intro
green house behind the shop * w-hat is a license'5’ and Wat- law require* that ota* inspection duced a tag from Verhalen Nur-
h< -itGrig there beside a lawyer ^ sef.J; ^ looking Aon replied "fifteen dollars” fie made immediately prior to sory Co at Scultsville. Texas,
, ^ h,m. out t|ie (loor Gleason asked Grafton exhibited his m*pec- the issuance of a certificate and showing proper inspection and
the judge to instruct Grafton Uofl fcrfif»cafe and >taid WatMm that they make ai> many re in- identifying it as the tag which
*hat he would have an oppor- was assuming that a "certifi' spections a* possible aduuttuig lud come on the stuck delivered
cate is a "license ' He then ex- that it is possible for diseased 1 to the hospital,
hibited his license to operate sto< k to be sold even after an "Did you tell me a Dallas nur-
hi» business and said it is the inspection very bad plants you wanted but
flowers ™ly license fie could When Gleason asked him it would not deal directly with the
get the defendant was charged with jCity of Ennis."
Grafton asked the inspe ctor if having sold any diseased stock McKay said he had consulted
he considered lulips and other Tayior said "That is not tlie j nurseries, or florists, in Dallas
such plants to be nursery stock charge/' and locally and that “one wanted
Watson said be did and (hen Grafton broke in with the j *1200"
Grafton asked the inspector if question to the prosecuting at McKay said the plants were
on his visit to tne Amelia Ann toroey "Do you recall that 1 needed lor the hospital grounds
vines, shade trees, forest trees,
seedlings, rose s, ornamentals,
berry plants and cut flowers.
He cited the law on inspec- In‘ hl® f de'
tion fees and said there was no j flared that wfiene y*e dont tmd
question about Grafton having a deftnUtott w* dot,no t as we
t he right to sell retail florai J understand it. saying that he
plants but stated that if Grafton I thought of floral stock as being
had wanted to sell nursery stock "cut flowers ^ ^
he could have gotton a nursery r» building for weddings and the
certificate for $7.50 adding that like; maybe pot plants, such are
on the „tu. dj(1 not h;ivt, a license, or we used for Mother s Day and sun-
Brothers wi„ cal, it a certificate, to sell I ilar occasions.
w'as not being charged. this type of stock.” ! -Our contention is that the
Grafton said Hackneys certi- Aorienliurc
ficate had a bearing on his case "Instead of gettinug a certifi- DepaiUJ^Ilt f t ' ^
because it outlined wdiut Hack- cate, he wen; and sold the stock , ditferei ylJcontention that I "
without a certificate. and it is our contention that he
“Itefe’Tin*' to the claim that j (Grafton) does not have the pro-
thy city had saved the differ.! per type of certificate.”
enee between $1250 and $385, i Grafton rose again and after a
Gleason said ic tue jury few remarks said; “1 was ap-
"Don't you know that if the | proached before you were em-
eitv had savtd all ihis money, {paneled." but his remarks were
the citv vyould iiave been willing cut short by Judge Dukes up
him as to what plants he could,
or could not sell
Hackney said further that the
inspector usually conies in Oct-
ober and that he has no plants
of any kind at that time of year.
Called hack to the stand Tay-
lor said that in the case no stock
ir on hand at the time certifica-
tion is made, it is his practice
to return later to make an ui-
t on of The Department of Agn-
cuHure adding that if he
thought he was guilty he would
sitting there beside a law-yer
.n '.i ad uf pleading the case him
self.
To allow for time to call a
jury Duke ordered the court
reeeskod until 1 15 pin
When Assistant County Attor-
re > James Gleason asked t h e
1 we vie men from which the . .. ...
Juror. wore to bo selected if any ^ ,v> “ “** ."t n‘“w
■ ■ were friend, of Grafton hj’ lns‘*ci*on. >n? t,'a‘ he
San, Davie .poke up and sa.d I a certificate of inspection to
pur... HO are aU prettv fr.endlv Tht Anfba Ann Hon*, in the
around here " name of Mrs Paul Grafton.
Gleason entered the certifKate
t unity to testify.
Watson said that a^ far a> he
could rerr»t-niber. Amelia Anri
Florists had only ' cu;
Grafton attempted to cite the
law against the issuance of cer-
tificates without making an ac-
tual inspection, hut Gleason ob-
jected. *
Gleason read from the law de-
to have come in and paid this
fine. Then, if Mr. Grafton want
ed to sell more nursery stock lie
could have gotten a certificate
to do so."
“1 know Mr. Grafton is going
to get lip here and say a lot ol
things to color the picture and
add to tiie confusion."
Grafton rose to say that the
county attorney had given noth-
ing but a defination of nursery
stock, including cut flowers, say-
ing that if that was the law he
violated the law every day.
Grafton said he had exhibited
the valid certificate of the Ver-
holding Gleason s objection.
The jury retired and returned
with the "not guilty" verdict at
3 45 p in.
After court was dismissed.
Gleason turned to Grafton and
said: "You are a pretty good
lawyer, Mr. Grafton.”
McKay asked Gleason when
it became possible for a city to
pay a line for some one.
Taylor smilingly told Grafton
that he didn’t mind losing a
case and assured him there were
no hard feelings. Gleason. Graf-
ton. Watson and Taylor all shook
hands and parted, smiling.
Grafton ar»xed that Davis be
^beTS:** ’** »'** »—** ."*« »'«•< •»* r««-«|>»t Uwt (Md» w««» g«tting low
cousin of my wilt and i* “ob- fbe jury to notice th^t the
\iOusly prejudiced ir. ni> ixv-' certificate covered a retail
or Davis protested that lie was flower *>hop
not a cousin of Mr* Grafton, but ‘ Gleason asked Watson to ex-
tna( Mr- Davi* was a cousin of plain the d if fere me between a
Mrs Grafton He wa* not *elect-Uloral shop and a retail nursery
ed for jury service
School Transfers
Must Be Made
By June First
County Superintendent J L
lakeland again today reminded
the parent* of children who will
not attend school id the district
of their residence that transfers
must be made by June l
Receiving school districts have
legal grounds for refusing to ac-
eept children who are not legally
transferred by June !. Jf chil-
dren are not transferred, the
per capita apportionment, is paid
to the district who has the name
of the child on it's census roll
A)co the fluids attendancei
would not be considered eligible
attendance m any district except
the district of residence. Wake-
land ‘ta’ed
Tlie County Superintendent
‘aid fie would be glad to discuss
transfer regulations with inter-
i-ted patent*
Watson replied that a retail
nursery is “where they handle
IK I I •
waxanacme
Nip* Bristol, 5-4
In Nine Inning*
Waxaha' hie ie at Bristol
at Bri ’uJ Friday mgnt in an tl
h* 4 nun') .Softball League garn«
but wee nine umingi- hi-veri
tii*- feiqgui
ruling cunh
The gam*
Merchant* i
f or light lia
up Ferns
B tiled ap
approval of
of liie ioo|i
the grothftou*e for all thus >vv and that he talked to “Haul" and
Watson » reply wa* "1 didst l < oiitinuing tun • questioning that the two went to Verhalen
even know you had a g fee re with and selected the plants,
bouse "Did you come in my sliop Judge Duke ordered the jury
He said he considered floral last March and in the presence ' to disregard McKay's statement
stock to be cut flowerv p o * of my wife an employee and that "U pul* me in a very bad
pfent* and tb*ng> that*-way anotfier lady say 1 tiave a com- light to have to testily in this
Grafton asked if he consider- plaint against youv case in which Paul is charged
ed tomato plants to be nursery ■ Taylor said Grafton became with doing something I asked
nursery stock anc that the dn- nock angry and Grafton said he ob- him to do as a favor to the city.”
ference in certificates i* a mat- Watson said be would say it fsurted Die manner in which Duke ahso orcered struck from
ter of $/.o0. was the complaint wa* made i tlie record, Grafton's query;
Grarftcn asked Watson what1 Grafton and "there is hardly Grafton continued with “Did; "Mr McKay dul you ever know
the reason fur the orchard and a floral shop tf*at d^sn't sell to- you some back to my home and me intentionally to violate the
nursery inspection law is and rnato plants " *ay you could not get any court i law?”
W atson replied that he guessed Gleason objected to (jtafUAt'*, in thi* country to accept a com-. Grafton Call* One Witness
’he nurserymen a»ked for it instance that Watson define plaint agaim.t mev | The defendant at first said
Watson's answer was, vague---- ' - ------------- ----------------------
when Grafton asked him if he |
was familiar with the law Graf-
ton told him that he worked for
the agriculture department and
should know the law ’
Watson replied '['here at*- a
lot of things we should know
but dont
W'uen Grafton asked Watson
if the law wa* enacted as an in-
strument for the collection ot
fee*, or for the protection of the
public again*! the spread ol
plant disease* and insects Wat-
son said the law for the prev*n
tion of spreading of disease-, and
insect*.
When GxaiUm a*ked Wat<w/n
if he could identify certain plant
diseases arid blights, Gleason ob-
jected on the grounds that tie-
evident e was not revelerif to D;e
AfiUI
MARSHMALLOWS
Kraft
2 10-Oz. Bags ............35c
PICKLES
Sour • Dill
Va Gallon Whole 49c
When Dune sustained iru- oh
j**ttion Grafton declared >tu*
jo tlie law is for the protection
lot the publu then trie qualifies
4 jlKiRi of an agricultural inspector
should brought out
Gleason !»*♦•#» agreed to allow
the testiniony to nr and
He oOj«Mi*d l*>r t*i/wevi-r
IF...
SNACK
LUNCHEON
MEAT
12 Oz. Cans 32c
IB
Kraft
SALAD
DRESSING
Pint 33c
10 Oz. Can Hi-C .
ORANGEADE.........27?
l^UPTONS TEA .14 Lb. 37‘
Brown Beautv No. 300 Mex.
BEANS...............10f
Shurfine No. 2*a Can
PEACHES.............29c
&
YOU WANT YOUR
CUSTOMERS TO
KEEP COMING TO
YOUR STORE
d► are vtandard in '
htying Grafton wa» trying u» tie !
bet w * *mi the Knnii;
bttle the inspee'or s qualifies j
»d lem at Fern*
tion- This objection wav ,u,
ee»M ailed off Fer
tamed by Judge Ir ike who tat
1, *>ut of the loop
-d (tut Grafton wa not or, trial
i team from ilniii
.................... ............... ||
led b.r I in I
• t*Hi with
Mt-f hathi
S \N(,F.1.F.S L ahf rt»p
t uuiial iur«r\ uf more ......
.(mhki viUutue lies htunjlOH |AD;
d on the t iiivt rAty »< «uofer* only
fina tampu* 1(arr> J IRoi
] Classified Ads
FUR RAlj; Perfection y r a „
) rrtursge bin* Heavy -.feel f»r*
( proof Cash i>t m> p« r • i*nt gov
t-rniueat loan with lout year to
pa> See in# for pm e* mmI
I leililii K V! Love. J(t4 ( *i/ei»
Hank Hlu, M ixatiai ho lev
f M
PA EM IS BUSTLIR
»l Mint •' |*a
Milder l|a Ac
liner I e»
af Out in*
Mur
I'Md'iataO w««*U) )q u«r UtuUrt Pu 1*11*101**; U-
mIvkIi iiiu pudiiMtS* Tlie Tni.u fkll) N*w* hi
Huivl* IVm*)) Lscsl
•pi- Hf
am m
ii)or. upoil U»e tiiara
stir per am. rtin, w
*" rapuut
• nun tits)
or Slso,) sod du')
:4i« pi'^hencr'* si'entiun
All (OHM tinirsti nvi> «<f bu«iiit«i
. teeiM t» uUrnH to
rpur»t
the ‘ wlutnitf wt ttlla pipef
rreeled upon Uetlif hroi*ni
ot n«w«
Mont It*
lUi(1 l*-j,
mm* Ut liir «MMf not m uidlvuivMl
U Rsnurmik Mm
IM «f OMNNf
M* • MBOllW $tj) « Trw |1 Ml
BBS t HsntailDl I ▼*•#, f I •*
III • SionUiH MS t Year Si in
A GOOD IDEA IS TO KEEP
YOUR STORE COMING TO
YOUR CUSTOMERS
THROUGH
The Ennis Daily News
FRANKS, Bulk . . Lb.
RUMP ROAST Lb.
r* *
Pikes Peak
ROAST .. Lb.
laiin
STEAK Lb.
GROUND MEAT Lb.
Boneless
STEW MEAT.......Lb. 39'1
SAUSAGE, Bulk . Lb. 35r
Cheddar 10 Oz.
CHEESE STICKS.......43'
Corn King
SLICED BACON Lb. 49*
KLOBASA Lb. 55'
CATFISH, Fresh Lb. 65*
DRUM FISH. Fresh . Lb. 45'
CHICKEN
J. JEWELS
2 Lb. Pkg.......99c
2 Lb. Box 30c
CHICKEN
BACKS
FRESH PRODUCE
CELERY
Stalk
LEMMONS
432's
Dozen .. 27'
jeoij
PINEAPPLE, Lg. Ea. 25'
\0 | |* ^
POTATOES, Red 10 Lbs. 65'
Yellow
BANANAS.....2 Lbs. 27*
JUNKET
ut: cream mix
Aks’,1
29*
2 Pkgs
MILK
Carnation
Tall
3 Cans . 40c
Chase and Sanborn COFFEE .............Lb. Cans 89°
CREAM CORN, Shurfine Golden 2 No. 303 Cans 33^
CHARCOAL BRIQUETS 5 Lbs. 47c 10 Lbs. 89<
VINEGAR
1’ieklmg
Whit" Swan
Gallon Jug 59c
FRUIT JARS
('oinplete
1*1 111s
Doren 1.10
Yum ('amp
PORK and BEANS
2 No. 300 Cans 27
BABY FOOD
Strained
Heinz
5 Oz. 10c
SHOP OUR VARIETY SECTIONI
MESS MATERIALS. Dorks - Pastels. Value to 79c Yd. 39<
LAUNDRY BASKETS, Mexican Bamboo 18x14 in deep 77c
MEN S SHIRTS
Short Sleeve
WORK SOCKS
CIGARETTES
TOBACCO
Sheer
Each 1 03
Mt*»I \ t ottoll
Pair 25c
Popular
Carton 2.17
Prince Alliert
Lb. Cana 89c
CffecKv
Friday and
KUCERA'S
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The Palmer Rustler (Palmer, Tex.), Vol. 31, No. 22, Ed. 1 Thursday, May 31, 1956, newspaper, May 31, 1956; Palmer, Texas. (https://texashistory.unt.edu/ark:/67531/metapth801251/m1/2/: accessed July 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Ennis Public Library.