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New Braunfels Herald-Zeitung (Newspaper) - February 23, 1995, New Braunfels, Texas THURSDAYl Unicorns Invitational Relays get underway tomorrow See P 7 50 CENTS COUNTDOWN 26 DAYS New Braunfels Sesqulcentennial March New Braunfels rnHti HeraldZeituiu 9 V 12 pages in one section Thursday Feb Serving Comal County for more than 143 years Home of CAITLYN CRUMRINE Vol 143 No 74 Inside Crime Sports The Birthday wishes from the HeraldZeitung The New Braunfels Herald Zeitung extends the following oirthday wishes to Caitlyn Crumrine John Brotze Jared Molina 1 Melin da Smith Carrie Barber Thomas Reyes James Hark ness Terry Hightower Jamie Mellndez David Johannsen Happy Anniversary to Leroy Hannelore Brotze 32 Lake Dunlap yard sale scheduled for Saturday Feb 25 The Lake Dunlap Property Owners Association will hold a yard sale on Saturday Feb 25 from to 4 at the Southbank Club House Funds raised from the sale will used to treat the hydrilla in the lake in the spring Users of the lake and property owners are asked to contribute items for the sale Items can be dropped off at the Southbank Club House on Thurs day Feb 23 from 4 to 8 and on Friday Feb 24 from 9 to 4 Anyone having large items to donate can call Jack Burkett at 8293237 to arrange for a pick up The Southbank Club House is located off FM 725 in the South bank subdivision on Southbank Boulevard Historical Masquerade Dance set for Feb 24 The GermanAmerican Society will sponsor a dance at the Knights of Columbus Hall on Feb 24 starting at 8 The Seven Dutchmen will play and Prince Solms knights princesses the court jester and settlers dressed in beautiful regional costumes from the Old World invite everyone to come join the festivities Tickets are and can be bought at Centex Office Center chamber of commerce Henne Hardware Old Town Inn and Lepp Juwelier Tickets at the door will be Business After Hours scheduled The monthly Greater New Braunfels Chamber of Com merce1 Business After Hours membership mixer will be held at Kraft Mobiletel 679 S Seguin St on Thursday Feb 23 from 5 to 7 The mixer is an opportunity for chamber members to make new contacts and exchange ideas with other members of the busi ness community The winning numbers Lotto Texas million jackpot TEX US LOTTERY This newspaper Is printed on recycled newsprint Pedestrian struck by vehicle on 135 HeraldZeitung photo by MICHAEL DARNALL Eric Kesel 18 of New Braunfels was In surgery at McKenna Memorial Hospital at press time after he was struck by a car while crossing IH35 last night said New Braunfels Police Lieutenant John Wommack At Elizabeth Hawkins was driving on the northbound lane in the 200 block of IH35 near the Cancun restaurant Kesel In route from his residence to the Ram Store walked across the Interstate As he stepped from the median Hawkins was unable to stop and her car struck him No charges will be filed against Hawkins said Wommack Sweepstakes can end up with big bills By CRAIG HAMMETT Staff Writer With the large elderly population in New Braunfels and Comal County oppjprjunities are plentiful for those citizens to be taken advantage of espe cially over the telephone And with the numerous sweepstakes entries available it is easy for people to mistakenly think they have won a large amount of cash Several people recently have received letters from companies on officiallooking documents telling peo ple they have won a prize and all they have to do is call a 1900 number or mail in their claim County Treasurer Bart Bartholomew received one as did relatives of sever al employees at the courthouse There are no doubt numerous others in the area who received similar letters I learned my said Melba Weyel a New Braunfels resident who called the number and found herself with no prize and a phone bill for that one call You dont realize youre taking that The big print giveth and the little print taketh Bart Bartholomew Mrs Weyel said she did not even talk to a human being rather a record ing The documents often look like those from a law office and many claim they are Sweepstakes Admin The 1900 numbers have become famous or infamous for the socalled sex Many parents have been shocked to find large charges from such lines on their phone bills Now the 1900 numbers are being used in other ways These 1900 num bers are often printed in large type while the actual cost is somewhat smaller Phone companies and the peo ple who set up 1900 numbers split the revenue The big print giveth and the little print taketh said Bartholomew Another courthouse employee said her motherinlaw rang up a S55 bill very quickly and again won nothing While these firms may not be vio lating any laws and in fact some may very well be legitimate they often tar get those in the elderly population The states Attorney Generals Office does have an office in San Antonio that deals with consumer com plaints Several calls to that office however were unsuccessful District Attorney Bill Rciiner said unfortunately local officials can do little about individual consumer com plaints He said the state will look at cases if there is a sufficient number of people or dollar amount involved They will put a cap on it below a certain he said If there are numerous complaints involving a certain company howev er he said higher agencies may look at it If it involves communication between states such as outofstatc letters or calls the FBI can become involved Perhaps the best method however is to simply become more aware and read the fine print HeraldZeitung wins education coverage award By CRAIG HAMMETT Staff Writer The New Braunfels HeraldZeitung was selected to receive the first Media Award from the Texas School Public Relations Association for outstandig efforts in public education The paper shared the honor with the Copperas Cove Leader Press Were grateful to NBISD and CISD and to Leslie Kriewaldt and Don Clark for their submission of our stories and features We strive to keep our commu nity informed of what is going on in local education and in our said David Sullens publisher of the Her aldZeitung We have two fine school districts with many exciting things being done Our mission is to show these things to the public and keep them Sul lens said Among weekly items published in the Herald include the Education Page shown each Wednesday and Sunday and Class of the a photo page highlighting classes throughout the two districts which runs once each week HeraldZsiwngphoto by MICi uAHNALL The Ice Man cometh Former San Antonio Spur star George Gervin talks to two classes at Memorial Elementary School about black heritage and the importance of education Wednesday Kahlig has his day in court By SUSAN FLYNT ENGLAND Staff Writer Gary Kahlig former Dist 4 city council candidate presented his own case before District Judge Joe Dibrell yesterday in the trial to settle Kahligs lawsuit against Mayor Paul E Fraser Jr Ken Alexander and Elizabeth Hen ry Kahligs attorneys withdrew as the case went to trial Kahlig said his opin ion differed from theirs on how to set tle portions of the case Fraser was represented by Attorneys Ed Nolan and Atanacio Campos Because I like their onion rings City Secretary Veronica Sarkcsi on why she was lurking at Molly Joes after the election Kahlig filed the lawsuit against Fras er June 10 1994 He alleged in the suit that election irregularities had made the May 7 city council election invalid Dibrell said yesterday he could make summary judgment on one point in the case that the vote of Juan R Rodriguez was illegal because he vot ed in the wrong district Fraser and Kahlig came before the judge in district court Jan 25 requesting a summary judgment on the suit Dibrell made no Riling at that time City Secretary Veronica Sarkosi tes tificd that the total amount of irregu larities in the election amounted to the one vote of Juan Rodriguez The one vote that was cast in error could not have affected the she said Sarkozis opinion was allowed as testimony after she was accepted as an expert witness on municipal election procedures Kahligs suit alleged that Sarkozi had been seen lurking in the parking lot of the restaurant where Kahlig sup porters gathered after the election Mol ly Joes Kahlig asked Sarkozi why she hap pened to choose that restaurant out of the many in New Braunfels Because I like their onion rings she said Kahlig called Clarence John Kahlig Elvira Kahlig and Brenda M Kahlig his father mother and sister as wit nesses They all campaigned for Kahlig at the Frazier Elementary polling place on May 7 Each testified they were kept farther away from the entrance to the polls than the prescribed 100 feet too far to effectively campaign Kahlig called Stanford Thorns judge of the Frazier polling site Thomas was absent due to illness but Kahlig read from a deposition taken from Thorns Thorns had said that the 100 foot distance wasnt measured precisely but was stepped off roughly The 100 foot distance came out in the middle of a driveway 1 brought it a little bit further and that shouldnt have made any difference at said Thorns deposition Thorns said in the deposition that Kahligs supporters tried to come with in the markers they should have stayed behind They kept coming in and 1 kept chasing them he said Kahligs sister Brenda M Kahlig testified that she had followed Thorns in her car when he drove the ballots and ballot booths to the courthouse after the polls had closed She testi fied that Thorns had stopped the car on the way and was doing something in the back Ms Kahlig took a pho tograph at the time wluch was entered into evidence Thorns stated in his deposition that he stopped because his wife thought she had left her coat I lifted up the voting boxes to look for the he said and it was in there and thats Kahlig called to the stand Daniel Benitez son of City Council member Ambrosio Benitez Daniel Benitez was a Bluebonnet Motors employee at elec Rule 13 could cost Kahlig cash If District Judge Joe Dibrell rules against Gary Kahlig in his suit against Mayor Paul E Fraser and he considers the Kahlig lawsuit to be frivolous it could cost Kahlig said Frasers attorney Ed Nolan yesterday Kahlig his attorneys could be liable to reimburse some costs the trial Before a attorney signs any motion that goes to court he must conduct reasonable investi gations into the merits of the said City Attorney Jacqueline Cul lom If a judge feels that a suit is he could call Rule 13 of the Texas Rules of Civil Pro cedure into effect The rule states that the court upon motion upon its own initiative after notice and hearing shall impose an appro priate the person who signed it the groundless a represented party or Its been an expensive Nolan said Nolan took Frasers case after Fraser had spent of his own money and was at the point of giv ing up his defense I took the case at no cost to he said Nolan estimatesthat his firnvhas spent on the case already My contention is that Kahligs intent all along was not to prove the case but to spend Fraser into said Nolan Kahlig feels Nolan is premature in considering that his case may have been groundless I think he needs to win before he pursues v said Kahlig tion time and Kahlig was the General Manager of Bluebonnet Benitez was campaigning for Kahlig Kahlig asked Benitez how he went door to door encouraging elderly vot ers to vote by mail Benitez said he helped them to fill out affidavits regard ing whether or not they received bal lots He said he explained the mail bal lot process to the residents Nolan showed that Benitez had filled out the affidavits incorrectly and that Benitez a notary public did not request proof of identification when he should have Benitez received an affidavit from a Ramirez Morales who was physically disabled I never did see said Benitez You took an affidavit from someone youve never even seen said Nolan said Benitez Ambrosio Benitez preferred not to comment on his sons testimony He denied however that Kahlig coerced his cooperation in any of Kahligs political involvements Kahlig called Dist 4 retiree Lillian Heard to the stand She voted early but also signed a mail ballot affidavit brought by Kahligs campaign director Virginia Gonzales and Daniel Heard was responding to Kahligs question whether she signed the affi davit 1 signed it to get rid of her said Heard I didnt know what it said and at the time t really didnt Kahlig rested his case after reading from Thorns deposition After the days proceedings Kahlig said that he would not pursue any fur ther action if he lost the suit Im very level headed but very dogged and stub bom when I think Im he said Its been our contention all the way along that this was a malicious said Nolan He did not however find any evidence of fraud in Kahligs case Kahlig was asked if he would think justice was served if he should lose the case he said The defense presents its case today Call 6259144 for subscription news or Advertising information
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