Victoria, Texas
VICTORIA, TEXAS
By Hank Henderson
WHILE I WAS WATCHING THE FAST FOUR GAME WORLD SERIES DURING THE PAST FIVE EVENINGS I HAD A FLASH BACK TO 1957. IN THOSE DAYS A LOT OF THE GAMES WERE PLAYED IN THE DAYTIME, IT WAS TIME FOR THE SERIES TO START BUT THE DEMANDS OF THE BORDER PATROL CREATED OTHER PRIORITIES THAN SITTING AT HOME WITH AN EAR GLUED TO THE RADIO, REMEMBER THAT FEW PEOPLE HAD TV IN THOSE DAYS SO MOST OF US HAD TO USE OUR IMAGINATIONS AND LISTEN TO SUCH EVENTS ON THE OLD FASHIONED RADIO. HOWEVER, MOST ANNOUNCERS WERE VERY ADEPT AT PAINING A GOOD WORD PICTURE.
I HAD SOME GOOD INFORMATION THAT A USC AND AN ILLEGAL ALIEN (THEY WERE KNOWN AS "WETBACKS" IN THOSE DAYS) WERE TRANSPORTING A LOAD OF MARIJUANA FROM MEXICO TO CHICAGO, MY SOURCE HAD OUTLINED THE PROPOSED BACK COUNTRY ROUT FROM THE BORDER NEAR LAREDO THROUGH TEXAS. BOB SHORT AND I, WORKING OUT OF WHARTON, TEXAS, MADE OUR WAY DOWN TO VICTORIA, TEXAS, THEN WEST INTO THE HILLS TO INTERSECT THE PROPOSED ROUTE. WE ESTABLISHED A GOOD OBSERVATION POST ON TOP OF THE HIGHEST HILL IN THE AREA WHERE WE COULD MORE OR LESS CONCEAL THE PATROL CAR AND WAIT OUT THE LOAD. THAT WAS ALSO THE ONLY SPOT IN THE AREA WHERE MY PORTABLE RADIO COULD RECEIVE A SIGNAL.
NOW SINCE IT WAS THE STARTING GAME OF THE WORLD SERIES I HAD CARRIED ALONG A LARGE HEAVY BATTERY OPERATED "PORTABLE" RADIO. I PLACED THE RADIO ON TOP OF THE CAR AND EXTENDED THE ANTENNA AS HIGH AS IT WOULD GO. AND I GOT LUCKY. THE RECEPTION WAS PASSABLE AND THE SERIES ANNOUNCERS VOICE STARTED RINGING THROUGH THE HILLS OF SOUTH TEXAS.
I DON'T REMEMBER WHO WAS PLAYING OR ANY OTHER DETAILS BUT I DO REMEMBER THAT OUR SUSPECTS NEVER SHOWED. I LATER LEARNED THAT FOR SOME REASON THEY HAD CHANGED THEIR ROUTE AT THE LAST MINUTE. SOUND FAMILIAR?
HOWEVER, THAT IS NOT THE END OF THE STORY. A COUPLE OF MONTHS LATER BOB AND I WERE MEANDERING ALONG SOUTH OF VICTORIA ON NO PARTICULAR COURSE EXCEPT TO SEE WHAT WE COULD SEE. WE WERE HEADED SOUTH ON HIGHWAY 59 THROUGH A CONSTRUCTION ZONE. THERE WAS ONE LANE WITH A DEEP DROP OFF ON EITHER SIDE OF THE PAVEMENT AND TRAFFIC WAS BUILDING UP AND MOVING VERY SLOWLY THROUGH THE ZONE.
SUDDENLY I REALIZED THAT THE CAR AHEAD OF US WAS A STATION WAGON WITH AN ILLINOIS LICENSE. HEY - THAT IS OUR PIGEON WE HAD MISSED A COUPLE OF MONTHS EARLIER. NOW THEY WERE HEADED SOUTH PROBABLY TO PICK UP ANOTHER LOAD.
I SAW THE DRIVER OF THE STATION WAGON LOOK IN HIS REAR VIEW MIRROR. HE HAD APPARENTLY SPOTTED THE PATROL CAR. IMMEDIATELY HIS LEFT HAND CAME OUT OF THE DRIVER'S WINDOW AND MADE A SHREDDING MOTION THEN OPENED LIKE WE WAS SHREDDING SOME SMALL OBJECT AND THEN DROPPING IT.. THIS OPERATION WAS REPEATED SEVERAL TIMES.
I TOLD BOB "HEY - LOOK AT THAT! I THINK THAT THE GUY IS DUMPING SOMETHING, POSSIBLY MARIJUANA CIGARETTES".
WE WERE RATHER HELPLESS AT THAT POINT BECAUSE WE COULD NOT STOP THE CAR ON THE SINGLE LANE WITH NO SHOULDERS SO JUST HAD TO SIT PATIENTLY AND FOLLOW ALONG FOR SEVERAL MILES.
AS SOON AS WE CLEARED THE CONSTRUCTION ZONE I FLIPPED ON THE RED LIGHT AND PULLED THE STATION WAGON OVER. THE LEFT HAND OUT OF THE WINDOW AND THE SHREDDING MOTION HAD LONG SINCE STOPPED SO WE FIGURED THAT WHATEVER HE WAS GETTING RID OF WAS LONG GONE. NEVERTHE LESS, MY INFORMATION WAS THAT AN ILLEGAL ALIEN TRAVELED WITH HIM SO I MADE THE STOP.
I TOOK THE DRIVER'S SIDE AND BOB SHORT TOOK THE PASSENGER. THE DRIVER QUICKLY IDENTIFIED HIMSELF AS A U,S. CITIZEN. HOWEVER ON THE OTHER SIDE OF THE CAR THE PASSENGER IMMEDIATELY ADMITTED THAT HE WAS AN ILLEGAL ALIEN FROM MEXICO. BOB THEN REMOVED HIM FROM THE CAR AND PROCEEDED TO SEARCH HIM. SUDDENLY BOB CALLED TO ME AND SAID "COME LOOK AT THIS". HE HAD EXTRACTED FOUR MARIJUANA CIGARETTES FROM THE ALIENS SHIRT POCKET.
AT THAT POINT WE PLACED THE ALIEN IN THE PATROL CAR AND INFORMED THE U.S. CITIZEN DRIVER THAT WE WERE TAKING THE ALIEN TO THE COUNTY JAIL IN VICTORIA AND HE WOULD BE CHARGED WITH BOTH BEING ILLEGALLY IN THE COUNTRY AND POSSESSION OF MARIJUANA. AT THAT POINT THE DRIVER ASKED DIRECTIONS TO THE SHERIFF';S OFFICE WHICH WAS SEVERAL MILES NORTH OF OUR LOCATION. I SIMPLY TOLD THE MAN THAT SINCE WE WERE HEADED THERE HE COULD JUST FOLLOW US. NOT AN ORDER - JUST PROVIDING THE INFORMATION HE HAD REQUESTED..
NOTE" THE ALIEN HAD READILY ADMITTED HIS ILLEGAL STATUS BECAUSE HE ASSUMED THAT WE WOULD QUICKLY SEND HIM TO MEXICO WHERE HE COULD REJOIN HIS COMPANION. THEY HAD A PRETTY COULD OPERATION GOING. WHEN THEY REACHED A REMOTE SECTION OF THE BORDER IN THE LAREDO AREA THEY WOULD SCOUT THE AREA AND IF THERE WERE NO BORDER PATROL PRESENT THE ALIEN WOULD SLIP ACROSS THE BORDER, PICK UP THE PREVIOUSLY ARRANGED FOR LOAD OF MARIJUANA, BRING IT BACK ACROSS TO THE VEHICLE, AND THEY WOULD BE ON THEIR WAY. WHEN THE ALIEN WAS FERRYING THE STUFF ACROSS THE BORDER IF THE PATROL SHOWED UP THE CITIZEN WOULD JUST DRIVE OFF CLEAN AND COME BACK AFTER THE PATROL HAD MOVED ON. THE ALIEN WOULD CONCEAL THE LOAD AS HE BROUGHT IT ACROSS AND THEY WOULD NOT LOAD THE VEHICLE UNTIL THE LAST MINUTE AFTER A FINAL CHECK OF THE AREA FOR THE PATROL
WHEN WE ARRIVED AT THE SHERIFF'S OFFICE WE INFORMED THE SHERIFF WHAT WE HAD. HE THEN ASKED PERMISSION FROM THE U.S.C. TO DO A BODY SEARCH. THE MAN, CONFIDENT THAT HE HAD DISPOSED OF ANY EVIDENCE OF ANY ILLEGAL SUBSTANCE COOPERATED AND AGREED TO BE SEARCHED. HA HA. THE SHERIFF CAME UP WITH A SMALL BATTERY POWERED VACUUM AND PROCEEDED TO VACUUM THE MAN'S POCKETS. EXAMINATION OF THE CONTENTS OF THE VACUUM BAG PRODUCED MINUTE AMOUNTS OF MARIJUANA. THE SHERIFF USED A NEW BAG FROM A NEW SEALED CONTAINER ON EACH SUCH SEARCH. LATER ON SEARCHING THE CAR WE FOUND TWENTY FIVE POUNDS OF THE WEED CONCEALED IN THE DRIVER'S DOOR PANEL.
THE PAIR HAD BROUGHT ALONG SOME WEED TO SELL ALONG THE WAY TO PAY THE EXPENSES OF THE TRIP AND ALSO FOR THEIR PERSONAL USE.
BOTH WERE THEN CHARGED WITH POSSESSION OF A CONTROLLED SUBSTANCE AND PLACED IN THE VICTORIA COUNTY JAIL TO AWAIT TRIAL. THEY WERE GRANTED A COURT APPOINTED LOCAL ATTORNEY. HOWEVER A HIGH PRICED ATTORNEY FROM NEW YORK SHOWED UP TO ADVISE THE HICK TOWN COURT APPOINTED LAWYER.
I DID NOT MENTION THAT MY SOURCE HAD INDICATED THAT THIS PAIR WAS WORKING FOR A LARGE CRIME SYNDICATE OPERATION OUT OF NEW YORK. OF COURSE I COULD NOT USE THAT INFORMATION IN COURT BUT IT BECAME RATHER OBVIOUS ANYWAY BECAUSE OF THE PRESENCE OF THE HIGH PRICED NEW YORK ATTORNEY.
DURING THE TRIAL THE QUESTION OF ILLEGAL SEARCH AND SEIZURE CAME UP. I INFORMED THE COURT THAT THE ILLEGAL ALIEN HAD IMMEDIATELY ADMITTED HIS STATUS AND THEN WE LEGALLY TOOK HIM INTO CUSTODY AND LEGALLY SEARCHED HIS BODY.
"HOW ABOUT THE U.S.CITIZEN? WHAT AUTHORITY DID YOU HAVE TO SEARCH HIM AND THE VEHICLE?
I ANSWERED THAT WE DID NOT SEARCH EITHER THE U.S,.C. OR THE VEHICLE. AFTER ARRIVING AT THE JAIL THE SUBJECT GRANTED PERMISSION TO THE SHERIFF FOR THE SEARCH AND THE SHERIFF CONDUCTED THE SEARCH OF BOTH THE PERSON AND THE AUTOMOBILE.
THE DEFENSE ATTORNEY DUG IN ON THE SEARCH QUESTION AND ASKED "WHAT IF THE DRIVER HAD NOT ASKED TO FOLLOW YOU TO THE SHERIFF'S OFFICE AND HAD NOT VOLUNTEERED TO BE SEARCHED BY THE SHERIFF.? "
I ANSWERED SIMPLY "THAT SITUATION DID NOT ARISE"
THE DEFENSE ATTORNEY WAS LIKE A DOG WITH A BONE AND WOULD NOT TURN LOOSE. AGAIN HE ASKED " WHAT WOULD YOU HAVE DONE HAD THE SUBJECT NOT AGREED"/
AGAIN I ANSWERED "THAT SITUATION DID NOT ARISE"
THE ATTORNEY JUST KEPT ON WITH THE SAME QUESTION AND THE SAME ANSWER RETURNED UNTIL THE JUDGE INTERVENED AND SAID " HENDERSON HAS ANSWERED YOUR QUESTION HONESTLY AND COMPLETELY . THAT SITUATION DID NOT ARISE AND HE CAN NOT BE REQUIRED BY THIS COURT TO SPECULATE ON ANY AND EVERY POSSIBLE ALTERNATIVE SITUATION THAT COULD HAVE TAKEN PLACE".
END OF MY TESTIMONY. BOTH SUBJECTS WERE CONVICTED AND SENTENCED TO SERVE FIVE YEARS IN THE TEXAS PRISON SYSTEM.
WHAT IS THAT SAYING? "DON'T MESS WITH TEXAS".
AFTER THE TRIAL WAS OVER THE JUDGE, THE PROSECUTOR, THE DEFENSE ATTORNEY,THE SHERIFF, AND BOB SHORT AND I JOINED FOR COFFEE AT THE LOCAL COFFEE SHOP. THE DEFENSE ATTORNEY COULD NOT HEAP ENOUGH PRAISE ON ME FOR MY STONEWALLING OF HIS REPEATED /ILLEGAL SEARCH AND SEIZURE" ATTACK. HE WAS A GOOD GUY AND A FRIEND AND HE REALLY WANTED TO SEE THOSE BAD BOYS CONVICTED BUT OF COURSE HE HAD THE OBLIGATION TO GET A FAIR TRIAL FOR THEM.
INCIDENTALLY, THE DEFENSE ATTORNEY WAS THE ONE WHO ALERTED US TO THE 25 POUNDS OF WEED CONCEALED IN THE VEHICLE DOOR PANEL. OF COURSE THAT INFORMATION WAS NOT USED IN THE TRIAL.
SO THAT WAS HOW THE FIRST GAME OF THE 1957 WORLD SERIES TURNED OUT. I DON'T REMEMBER WHO WON THE BALL GAME BUT I WON MY GAME. IT JUST TOOK A LITTLE TIME AND A LOT OF LUCK.
HANK HENDERSON. ---------------------------------------------------------------