The Bastrop County Times (Smithville, Tex.), Vol. 84, No. 44, Ed. 1 Thursday, October 30, 1975 Page: 3 of 20
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THURSDAY, OCTOBER 30, >975
THE BASTROP COUNTY TIMES, SMITHVILLE, TEXAS 78957
PAGE 3
Voluntary Manslaughter Verdict In Bastrop Trial . . . .
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of self-defense The defense
also inquired as to whether any
on the panel might feel art ob-
ligation to one of the state's
chief witnesses, Elgin Police
Chief Oscar Dungan, or to the
Green family or to Mr
Sebesta When the attorneys
representing both sides had
finished with their questions,
the judge declared a recess
until 2 PM
When the court session re-
sumed, the court clerk read
the uames of the jurors sel-
ected, those jurors were
sworn in, (ftd the remainder
of the panel was dismissed
The judge emphasized his ad-
monitions to the jury, remind
ing them that until they re-
tired to consider their verdict,
they were not to discuss the
case with anyone and were es
penally prohibited from going
to the scene of the accident to
take a look at it, Their deci-
sion was to be made solely on
the basis of the facts presen-
ted in the court room
The prospective witnesses
in the case were called into
the court room, sworn in in
a body, and "placed under the
rule" -« prohibited from lis-
tening to the proceedings in the
court room or from discuss-
ing the case with other wit-
nesses
The indictment in the case
that James Houston, on or
about December 14, 1974, did
intentionally and knowingly
cause the death o! one Lee
Arthur Green - was then read
and the defendant's plea of not
guilty and his application for
probation should he be found
guilty were noted
D A Sebesta called as his
first witness Oscar Dungan,
Chief of Police in Elgin
Dungan reUted the events of
that Saturday, December 14,
from his viewpoint -- receiv-
ing the call at his home that
there had been a shooting at
the corner of Central Avenue
and Avenue C in Elgin He
proceeded to the scene and
then, after another call from
his dispatcher, to the home
of one of Elgin's patrolmen,
where the defendant was wait-
ing to turn himself and his
weapon over to the police
Dungan also related the
facts of an incident the pre
vious ►"veiling, when Melvin
Green, brother of the deceased
had, in the company of another
brother Lewis, fired a shot
gun twice at the defendant,
damaging Houston's car.
Melvin Green had admitted the
incident the next day to
Dungan Dungan had told both
Melvin Green and James
Houston that he would meet
them in Bastrop Monday
morning so that each could
file charges on the other in
relation to the Friday evening
shooting
The second witness of the
day was S.L Madison, owner
of the Rendezvous Inn who was
working behind the bar at the
time of the shooting Madison
testified that he was aware of
some trouble between Houston
and the Greens He said that
some three or four minutes
prior to the shooting he had
seen Lee Arthur move a pis-
tol from his left ''.and into hi.s
right and then place in in his
belt on his left side The de-
ceased and the defendant were
at that time seated at a table
in Madison's having a conver-
sation which Madison said he
could not hear Madison saw
Lee Arthur rise and was think
ing that the controversy must
be all over when the shot was
fired Madison hit the floor
behind the bar and when he
'J
I
Times Photo
DEFENDANT AND WIFE
AWAIT VERDICT
came back up, he saw Green's
nickel-plated revolver on the
floor at the comer of the bar
Harry T. Davis was also in
the bar at the time of the
shooting, sitting on a bar stool
across from Madison Davis
related seeing the deceased
come in and sit down on
Houston's right to talk with
the defendant, and that Green
appeared to be doing the talk-
ing Davis had seen no pistol
prior to the shooting,although
he later saw the nickel-plated
revolver on the floor by the
bar He too had seen Lee
Arthur rise as he was
leaving the table After he
heard the first shot, he turned
to see Houston standing in his
chair with one foot on the table
He then saw Lewis Green catch
Houston by the arm and saw
Houston shoot Lewis Davis
had not witnessed the incident
of the previous evening, but had
arrived in time to see Houston
talking with the police and ur
ging Lewis to give up a shiny
gun which Lewis maintained
he did not have
Lewis Gre?n next took the
stand and denied being invol-
ved in Friday night's shoot-
ing episode He told of going
to the Rendezvous Inn on Sat
urday to get a beer, of seeing
his brother Lee Arthur sit and
talk with James Houston, and
of his rising to go out the front
door before the first shot was
fired. He said he then turned
and was shot by Houston
Green testified that he was
unable to hear the conversa-
tion between his brother and
Houston, and that he could not
see behing the table to know
if Lee Arthur was holding a
gun Lewis only saw the
nickel plated pistol on the
floor after the shooting
The court recessed after
Green's testimony until the
next morning
Second Day
The D A entered into evi-
dence the autopsy reports and
photographs of Lee Arthur
Green taken in Austin where
Lee Arthur died Sebesta then
called Clarence Lee (known
as C.L.) Nolan, a sometime
business partner of Houston's,
to the stand Nalan testified
as to the events leading up to
the shooting oo>Satunfciy, stay-
ing that he and Houston, along
with two others, had gone to
the Rendezvous Inn for a beer
shortly before noon Houston
had stopped at the bar for a
moment and then later had sat
down to C L s left at the long
table in the bar About five
minutes later. Lee Arthur and
his brother Lewis had come
into the tavern and had headed
to the back where the rest
rooms were located, speaking
to those at the table on their
way When Lee Arthur return
ed. he asked C.L where James
was, and C.L. replied that he
was there right next to him
C.L got up. yielding his chair
to Lee Arthur, and went to sit
on a stool at the end of the bar,
directly across from where
James and Lee Arthur were
seated He said he had hoped
that the two would square
things between them He first
saw 1 ee Arthur with a i:un
when the deceased referred to
Friday's shooting saying to
James that his brother may
have missed, but he wouldn't
As Nolan watched, he saw Lee
Arthur talking to James while
holding a g:in on the defendant
under the table Houston was
nodding his head while Lee
Arthur looked over at his bro-
ther Lewis, who had come over
to sit at the end of the long
table The second time he did
so, James shot Lee Arthur
As Nolan saw it. Houston rose,
pulled a gun, and shot just aa
Lee Arthur himself was
rising Houston had stepped
up onto the table in the pro-
cess, and when Lewis went
after James, the defendant
fired twice at Lewis. By the
time Houston had fired the
second shot, he was at the front
door, attempting to leave. In
answer to a question put by
defense counsel Minton, C.L
said that he thought Houston
had to shoot Lee Arthur in
self-defense.
In regard to the episode the
previous Friday evening,
Nolan said that he was stand-
ing near his car aiui Houston
was some distance down the
street when C.L, saw Melvin
Green, brother of the de-
ceased, aiming a shotgun over
the top of his car at James
Houston C.L called out to
Houston and the defendant run
to hide behind his car, from
which he took his pistol. As
Houston came up with the gun,
C.L said to watch out for
Green (meaning Lewis) who
was also aiming at Houston
with a shiny pistol Houston
told Lewis to drop the gun,.and
C L. went to get the police
C L. also recounted a brief en-
counter at the police station
the next day between the
Greens and James Houston
Both parties had asked Chief
Dungan to lock up the other
Nolan also brought out the
fact that James Houston's
wife, Gloria Jean, is the sis
ter of Melvin and Lewis Green
The D A next recalled both
S. L Madison and Harry T
Davis, both of whom repeated
their previous testimony as to
when and where each had seen
Lee Arthur Green's gun and
where Lee Arthur was stand-
ing when the shots were fired
The state rested its case,
and the defense called as its
first witness Red Crittendon
who had been sitting to
Houston's left when Lee
Arthur and Lewis had come in
to the Rendezvous Inn
Crittendon's testimony coin
cided with Nolan's as to Lee
Arthur's movements prior If
Sitting down next id
and as to Nolan's movenfeftt'S *
Crittendon also heard the ini-
tial words between the de-
ceased and the defendant, and
heard Lee Arthur say that
Melvin may have missed
Houston, but he wouldn't. At
that point Crittendon saw that
Green had a gun jwinted at
Houston. Crittendon rose and
went to the front of the bar to
the right of the front door, and
continued to watch the conver-
sation He saw Houston rise
and put a foot in his chair,
shooting Lee Arthurasthede-
ceased was getting up from his
chair Crittendon said that
when he was shot Lee Arthur
was {Hunting hts gun at
Houston At that point
Crittendon went out the front
door and saw no wrestling
match between Houston and
Lewis Green. Crittendon said
he could not say how Houston
managed to rise and get a
shot off before Lee Arthur
could fire
The defense next called
James Elmer Houston, the
defendant, to testify in his
own behalf. Houston told of
some trouble in the preceding
week between his brother- in-
law Melvin and himself At the
time. Houston and his wife
were not living together and
the controversy arose from
Houston's trying to see his
live-year-old twins. Houston
had called the police to help
straighten out the difficulty,
but had not been successful
in seeing his children The
police told Houston to work
out some other arrangement
with his wife as to visiting the
twins
Houston's version of the
events of the Friday shooting
episode coincided with C I.
Nolan's. He added that after
the incident he had been angry
and was looking for Melvin and
Lewis, but friends had per-
suaded him to cool down and
forget it
The next day he and C .L had
been taking care of some bus-
iness in Austin and had just
returned to Elgin when they
decided to join some friends in
Madison's tavern Fearing he
might be shot at anothertime,
Houston put his gun in his belt
before going into the tavern,
even though he knew it was a-
gainst the law to carry any
firearm into a bar. Houston
recounted the events leading
up to the shooting much as
Nolan and Crittendon had add-
ing that when he saw the gun
corked in Lee Arthur's hand
he was scared to death. He
slipped his right hand down in-
side his jacket and when Lee
Arthur looked over at his
brother Lewis, Houston rose
and fired two shots in quick
succession He watched Lee
Arthur going toward the back
of the bar and after the de-
ceased fell, Houston jumped
across the table trying to get
out the frontdoor At that point
Lewis Green grabbed his arm,
Houston fired two shots,
jumped to the floor and ran out
the door. Houston told his at-
torney that he fired thegun be-
cause he thought Lee Arthur
would fire on him He said that
had he known Lee Arthur had
a gun, he would not have had
him sit down to his right side;
he thought that Lee Arthur had
initially sounded as though he
were trying to end the contro-
versy Houston emphasized
that Lee Arthur never put the
gun in his belt and that when
Houston fired Lee Arthurstill
had the gun in his hand
According to Houston if Lee
Arthur had "not kiid anything,
he would not have said any-
thing
After the lunch recess the
D A endeavored to introduce
evidence that Houston had at
some time preceding the inci-
dent fired a pistol at his wife
Gloria Jean, but as the evi-
dence introduced was hearsay,
and involved a statement
Gloria was reputed, at fourth
hand, to have made, the judge
ruled such evidence madmiss-
able and barred any further
reference to such a rumor
The defense made a point of
Houston's athletic prowess,
which had won him scholar-
ships from two colleges
Minton even engaged in a
courtroom demonstration in
which Houston removed a
nickel from the counsel's hand
before Minton could close it
In rebuttal, the district at-
torney again recalled S.L.
Madison who once again stated
that he thought Lee Arthur
Green was at the end of the
table or farther at the time
of the first shot, but he could
not be sure because he was
watching Houston He also re-
peated that he had seen the
deceased put his gun in his
belt some three or four min-
utes prior to the shooting and
that he had heard onlv two
For The Record
Bastrop County
Sheriff
Arrests
David Ray Herman, Austin;
Public intoxication,
$36 50
Charles Wayne Bond,
Austin; Misdemeanor,
DWI
Donald WavneWuarles, Red
Hock, DWI, 3300 00
surety bond, Failure to
control speed, $31.50
Kenneth J. Parker, ingle-
side, Possession of a
prohibited weapon,
$300 00 cash bond,
Public intoxication.
V',1 !>0
Kurt LeRoy Ross, Austin,
DWI $300 00 cash bond
Ronnie P. Parker, Ingle
side, Public Intoxication,
$27.50
Warren Emerson Conrad,
Cedar Creek, No l)L,
Fictitious tags, $68.00
Ronald Thompson, alias
Ronald Thomasori,
Channel view. Public in
toxlcutlon
Lorene Larson Carter,
Channelview; Public In-
toxication
Albert Kasper, Austin,
DWI, $300 00 personal
bond
Julie Ann Tojima,
Portland, Oregon;
speeding, $31.50
Divorces Granted
Bertha Yvonne Hobbs v
Jimmy Doyle Hobbs
Donna Ann Potts v
Raymond Douglas Potts
Vertlcs Simmons v
George Simmons
Jerry Ann Wood v. Hugh
Donald Wood
Margie Kschberger v.
Herbert Kschberger
Hetty Hernandez v John
Hernandez
Charlene Estes Pannell v.
Jimmy Joe Pannell
Marriage Licenses
Riley Dean Wilson and
Stella Lucille Butler
Jackie Edwaril Gilbreath
and Catherine Lee
Chamblee
Municipal Courts
Bastrop
John Henry Luke, Exhibi
tion Acceleration, $17 50
Stanley Ray Senters, Ex-
hibition acceleration,
$17.50
Russell E Klaus, Exhibi-
tion acceleration, $17.50
Billy Joe Bulak, Exhibition
acceleration, $17 50,
Drive w/o valid DL.
$27.50
Stephen Gerald Smith,
Wrong license plates,
$22.50; Violate DL re
strlction code A, $17 50,
No head lights, $17.50
Lee Hay Botktn. No DL,
$27 50, Public intoxica
tion, $27 !i0
Elgin
Eddie Lee Townsend.
Elgin, Failure to yield
ROW to vehicle on right,
$27 50
Albert Lee Cook, Elgin,
Improper left turn signal
of less than 100 ft of
intersection accident.
$27.50
Ivan L Burleson, Elgin,
Failure to control speed
-- accident. $27 50, No
DL. $27.50
E^die James Moore. Elgin;
Failure to yield ROW.
$12.50
Beuford Butler Ingram 11,
Houston, Expired I)L,
$27 50
Curtis Wayne Kerr, Elgin;
Misdemeanor theft
(restitution made),
$52.50
Howard Thomas, Littig;
Public intoxication,
$27 50
Alberto Solano, Elpjfe;
Public intoxication.
$32 50
Videl Conrado, Elgin;
Public intoxication,
$32.50
Angel Rangel, Elgin;
Public intoxication,
$32.50
shots.
With both the defense and
the state resting their cases,
Judge Maynard recessed the
trial until Friday morning.
Third Day
The defense, after ascer-
taining that the state had
closed its argument, led off
the morning with a motion be-
fore the jury was brought in
The defense moved that the
judge instruct a verdict of not
guilty on the grounds that the
state's case was legally «n -
sufficient since no evidence
had been presented that Elgin
was indeed in Bastrop County,
that Lee Arthur Green was in-
deed dead, or that the gunshot
wounds inflicted by Houston's
gun had caused his death The
court overruled the motion and
{he jury was seated
The court clerk read the
charge to the jury, defining the
terms under which the defen-
dant was to be found guilty of
murder, or voluntary man-
slaughter, or acquitted onthe
ground that he acted in self-
defense. The judge reminded
the jury that a reasonable
doubt was to be resolved in
favor of the defendant, and
that the burden of proof in the
case was on the state. Further,
though the jury was the sole
judge of the facts in the case,
in matters of law the jurors
must be governed by the
charge.
Mr Sebesta opened the
state's final argument with a
reminder to the jury that their
decision had to be madeonthe
basis of the events of two min-
utes prior to the shooting on
December 14 in the Ren-
dezvous Inn He reminded the
jury of the prominent points
of each witness' testimony,
and called to their attention
the possible interest of each
witness in the outcome of the
case and the relationship of
each to the defendant He told
the jury that he felt that James
Houston was not only a great
athlete, but also a great actor,
and felt that the defendant's
story was told in the most fav-
orable light possible for the
defendant Maintaining that
Lee Arthur Green had indeed
placed the gun in his belt \he
D A. said that nevertheless he
did not deny that Houston was
upset and angry, consequently
he recommended a verdict of
guilty of voluntary man-
slaughter
Mr. Burton of the defense
called the juror's attention to
the smallness of the tavern and
to the various witness' testi-
mony as to whom they were
watching at the time of the
shooting Burton maintained
that oniv those who said they
were actually watching Lee
Arthur Green said that he was
shot as he rose from his chair,
and that the autopsy photos
clearly showed that Green was
shot in the side He then re-
minded the jurors of their
obligation to view the case with
an eye toward the condition of
the mind of the defendant, and
that good law enforcement was
not simply a matter of con-
victing those who were in-
dicted, but of acquitting those
who are innocent
Minton's final argument re-
viewed the witness testimony
and maintained that there were
few inconsistencies in this
case He felt that each witness
Times Photo
SCENE OF THE CRIME
was telling the truth as he saw
it. In S.L Madison's case, he
doubted whetherS L, could see
if Lee Arthur had drawn the
gun again after he had placed
it in his belt Minton pointed
out that Davis had testified to
seeing Lee Arthur only after
the first shot, and that Nolan
had never said that he over-
heard the conversation be-
tween Green and Houston while
sitting on the bar stool across
the bar. Nolan was moving to
that seat when the conver-
sation took place, and, know-
ing of the difficulties of the
night before, he was both
watching and listening. Minton
also doubted whether Lee
Arthur's gun could have fallen
on the floor of the bar as he
staggered to the back of the
tavern if it had not been in his
hand at the time of the shoot-
ing He indicated that the
autopsy photos showed the
gunshot wounds in Lee
Arthur's side, which left some
doubt as to whether the de-
ceased was actually going
away from the defendant at the
time he was shot Minton laid
great stress on the emotional
state of the defendant on that
Saturday mornirtg. reminding
the jury that on the night be-
fo. ^ he had been caught iri"a
cross-fire and might well have
lost his life In light ofthe evi-
dence presented. Minton asked
the jury to find this a case of
justifiable homicide and acquit
Houston
The D A used his rebuttal
to cast doubt on the defense's
argument against Madison's
and Davis' testimony, and a-
gain asked the jury whether
Houston could possible have
drawn and fired before Green
could pull the trigger if Green
was in fact holding a cocked
pistol.
The jury was retired to de-
bate their verdict shortly be-
fore noon, and the court re-
cessed to await their decision.
At 2 00 PM the jury returned
and the court clerk read their
verdict: guilty ofthe voluntary
manslaughter of Lee Arthur
Green After a brief recess,
the attorneys for both sides
returned to present their ar-
guments before sentencing
The District Attorney, re-
calling that Houston was
married to one of the Greens,
that he had five children, and
that the Friday night incident
was an unfortunate precursor
to Saturday's shooting reco-
mmended a sentence of ten
years probation The defense
in turn pointed out that the
defendant had never been con-
victed of any felony, and,
stating that he felt such a sen-
tence would aid in the ultimate
settlement of the matter, also
recommended ten years sus-
pended sentence
The jury retired for some-
thing more than half an.hour,
and returned with a recom-
mendation for a ten year sen-
tence in the Texas Department
of Corrections, on probation
The defense waived its right
of appeal in the case and James
Houston was delivered to the
custody of his probation
officer Judge Maynard
thanked the jurors for their
service and dismissed them,
with the reminder that now,
at last, they could discuss the
case with whomever they
pleased, though they were un-
der no obligation to do so
When Mr Sebesta was
questioned as to the severity
of probation, he would make
no conjecture as to the like-
lihood of Houston s remaining
out on probation, but remarked
that each month more of-
fenders are sent to the Depart-
ment of Corrections for pro-
bation violations than are con-
fined for their crimes, with-
out being granted probation.
Conversation with some
jurors after the trial indicated
that what little doubt there was
as to whether Houston acted
in self-defense was resolve^
in the jurors' minds by the;
autopsy photos The picture?
indicated entrance woundsde*
finitely on the deceased's side*
and somewhat toward the back
of his rib-cage In addition the
jurors polled mentioned the
fact that Houston had carried
a loaded pistol into the bar
that day The panel questioned
whether Houston was really
not looking for trouble if he
had felt the necessity to be
armed
Before the state made its
recommendations as to sen-
tencing, theD.A had consulted
with the Green family. Both
the attorneys for the defense
and the D A expressed the
hope that the verdict reached
in this trial would be a factor
in healing the breach between
the two families.
Smith ville
Willie R Block. Austin.
Speeding - $17 50
Cornelius C. Britton,
Columbus, Speeding - $17 50
Donald W Jacobs, Smithville;
Speeding - $26.50
Walter H Benedix, Smithville;
Loud muffler - $12 50
Kenny P, Watson, Smithville;
Exhibition of acceleration -
$52.50
John H. Jones, Houston;
Speeding $17 50
Charles R Hribek,Smithville;
Failure to yield right of
way - $22 50
Bobby G, Harmon, No
Address; Public intoxica-
tion - $100 00
Margie G. Wilherson, La
Grange; Speeding - $17.50
Albert R Vicedomine
Oklahoma City. Okla ;
Speeding $17 50
Daniel R Bergenhazen,
Smithville; Speeding -
$17.50
Lillian M Randolph. Houston.
Speeding - $17.50
Texans:
If you are tired of bigger government and higher taxes.
vote NO on the proposed new constitution November 4.
Don't give future Legislatures a blank check.
The Houston Chronicle calls the new constitution "a
dangerous document." Governor Dolph Briscoe warns it will
"lead us down the road to a state income tax."
Governor Briscoe says: "It is my personal view that the
current Constitution under which Texas has grown and
prospered tor a century is preferable to the proposed new
constitution. Accordingly, I believe it is in the best
interest of Texas that all eight propositions on the ballot
be rejected "
Ptay it safe. Keep our present Constitution by voting
NO on Tuesday, November 4.
Paid political advertisement by CITIZENS TO PRESERVE THE TEXAS
CONSTITUTION. Senator Peyton McKmght Tylei Chairman Mrs Pat Black.
Treasurer (02 Vaughn Building Austin Texas fS701
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Shapley, Tom. The Bastrop County Times (Smithville, Tex.), Vol. 84, No. 44, Ed. 1 Thursday, October 30, 1975, newspaper, October 30, 1975; Smithville, Texas. (https://texashistory.unt.edu/ark:/67531/metapth290807/m1/3/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Bastrop Public Library.