September 13-16, 1960 The City of Brady late Tuesday afternoon asked the 35th District Court to dismiss its restraining order against Mr. and Mrs. Charles Darley. Judge Conner Scott granted the motion, and John W. Hughes, Brady attorney representing the City, said no further hearing on the case will be held as of now. The City was willing to lift the restraining order in view of the fact that City surveyors and engineers completed their work on the Darley property late Friday and Saturday’while the order was in force. Mr. and Mrs. Darley denied Monday that they have ever ‘refused the City of Brady the right to enter (their property) for the purpose of making surveys.’ Their answer to the restraining order, forbidding them from interfering with a survey for the proposed Brady lake, was contained in a motion filed in 35th District Court late Monday afternoon. The motion asked the court to lift the restraining order. It was field for the Darleys by Brady attorney Sam McCollum III. Judge Conner Scott issued the order against the Darleys last Thursday in Brownwood, on application of attorneys for the City of Brady. The Darleys motion Monday charged that the restraining order ‘was made by the court relying on the truth of false verified complaint expressly made for the purpose of misleading the court.’ It added that ‘no damage would have been suffered’ by the City of Brady if the order had been denied until after a hearing. Asserting that the Darleys have never refused the City the right to enter the property, the motion declared: ‘On the contrary, the City of Brady, its agents and employees have had unlimited and unrestricted access to said land from the year 1957 through the month of May, 1960.’ Jurisdiction of the District Court in the case also was questioned: ‘If this petition seeks an injunction in connection with condemnation proceedings, jurisdiction of such proceedings is fixed by law in County Court.’ * * * Car leaves road; Brady man killed Billy Weeks, a 24-year-old Brady man, was killed, and his wife was seriously injured about 1:45 a.m. Sunday when their car ran off the highway and crashed into a small creek. The accident occurred south of Brady on U.S. Hwy. 87 about two miles south of the Camp San Saba bridge. Weeks was headed north toward Brady and ran off on the lefthand side of the road, apparently when he went to sleep. The car, a 1954 Ford four-door, dived into a drainage ditch about eight feet deep at the end of a culvert which goes under the highway. Week’s chest was crushed against the steering wheel and he died in the ambulance en route to the hospital. Mrs. Weeks, 22, is the former Sarah Sellman, daughter of Mr. and Mrs. Charlie Sellman of Brady. She remains in Brady Hospital with a broken pelvis and a head injury. Her left ear also was severed in the wreck. ‘She is seriously injured, but she looked pretty good Tuesday morning,’ her doctor said. Mr. and Mrs. Weeks lived in Brady at 1903 South High. He was a heavy equipment operator and had been working recently on the Soil Conservation Service dams in Brown County. Weeks was born in Brady July 21, 1936. The Rev. Gene Dickson, pastor of the Central Baptist Church, conducted the funeral at 3:30 p.m. Monday at Wilkerson chapel, and burial was in Brady Cemetery. Survivors are his wife; his parents, Mr. and Mrs. Truman Weeks of Brady; five brothers, Jack of Sterling City, Paul of Alvarado, Merlin and Lewis of Brady and Thomas Weeks of Brownwood; and two sisters, Mrs. Nell Cunningham and Mrs. Norma Dunning, both of Brady. * * * Rochelle lass takes grid guessing cash Donna Mitchell, eight-year-old daughter of Rochelle coach and Mrs. Kenneth Mitchell, is this week’s winner in the football guessing contest. She’along with three other contestants’missed only two games, but she had the best guess at the Rochelle-Lometa score, picking the Hornets to win, 14-6. Rochelle won, 6-0. In second place with a guess of 18-8 is Brady High schooler Hugo Chavez, and in third place is L.D. Henderson of Voca, an old ‘regular’ in the contest whose entries always are pretty close to the winners. Henderson picked Rochelle to win, 20-12. Just out of the money is Henderson’s aunt, Mrs. A.C. Stewart of Voca. She was off 36 points from the score betting on Rochelle, 26-16. The real experts took over things this week, and you had to be good to win. Sixteen contestants missed only three games: Dayton Archer, Mrs. Ray Holt, Amos Lewallen, Eitel H. Hahn, Brenda Snodgrass, Mrs. Jackie Blair, J.E. Harvison, Jr., Allen Gossett, Don King, Victor Schill, Sylvester Solis, Mrs. Jerry Kimbrough, A.C. Snodgrass, Jr., Darryl Clary, Penny Nicholson and Richard Roper. Although Sweetwater has been named as the team to beat in class AAA, quite a few contestants just couldn’t believe that the Mustangs could beat Breckenridge, but they did. Bangs and Rising Star, and the Winters-Anson game’both toss ups’were others that kept the experts guessing this week. And now for the next contest. How will the Brady Bulldogs fare against Winter’ * * * Grand Jury bills 3 men, to meet again The McCulloch County grand jury Monday returned two indictments’for forgery and burglary’and then recessed until Friday, Sept. 23. In other grand jury action, District Attorney Gordon Griffin, Jr., said that one defendant, charged with arson, was no-billed, and three charges of rape were passed for further investigation. Cleared of the arson charge was J.B. McNelly, a Brady man who was arrested after he allegedly set fire Aug. 7 to a house owned by his wife at 1308 Hackberry. The rape cases involve a 34-year-old man charged with rape of a six-year-old girl and two men charged with statutory rape of a 13-year-old girl. Officers said the man charged in the rape case against the six-year-old girl, who has been a patient in mental hospitals previously, will be given a psychiatric examination before the case goes to the grand jury again Sept. 23. Named in a joint indictment Monday were Carl Ray Bates, 29, and Gary Lee Jackson, 25, both of Dallas. They are charged with burglary of Duncan Chevrolet Company here Aug. 3. Both are now in jail in Dallas. Indicted on charges of forgery and passing was Horace Perry Hailey of Abilene, now in jail in Louisiana. He allegedly passed a worthless $25 check, drawn on the Frost National Bank of San Antonio, to the Piggly Wiggly store here last May 31. * * * PERSONAL MENTIONS Guest of Bloomers Sunday dinner guests of Mr. and Mrs. W.H. Bloomer were J.T. Crouch, Derrell Crouch, Doyal Redding, Paul Ellison, Mr. De Friess and Mr. Hall, all of Lubbock. * * * To Amarillo Miss Charleene Brown, daughter of Mr. and Mrs. Charles J. Brown, is employed now in Amarillo as a secretary for the Southwest Finance Co. A 1959 graduate of Brady High, she attended North Texas State College last year. * * * Here from San Antonio Mr. and Mrs. Cecil Redding of San Antonio visited in Brady from Friday until Wednesday of this week. * * * Visits children Mr. and Mrs. J.R. Cochran spent Labor Day weekend with their children, Mrs. Douglas Moore and family in Arlington and Mr. and Mrs. Gary Cochran of Paris. On their return home, they were accompanied by Mrs. Moore and little son, Jay, who will visit in Brady. * * * Back in States Mr. and Mrs. Jamie Morrow and children, Karen and Ricky, are guests for 30 days of her mother, Mrs. Imogene Hairrell. The Morrows, who have spent the past three years in service in France, have recently returned to the states and after a 30-day leave will be stationed in North Carolina. Mrs. Morrow is the former Billie Hairrell. * * * Vacationing in California Mr. and Mrs. George Samuelson left last Saturday for Fallbrook, Calif., where they will be guests of their son-in-law and daughter, Mr. and Mrs. Lloyd M. Smith for several days.