Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1896-02-04

OF the evidence brought out at the
Cnaves mhrder trisl before Judge
Hamilionl and the circumstances
surrounding The notable trial; ex-
plains ihht the disbarmont pro-
coedings against Messrs. Cotron
and Spices came originally before
the supreme court IN the form Of
charges preferred BY District At
torncy Cdisk and describes 10 de-
tail the trial Of these charges by a
committee Of the court and Che
able defebse OF counsel for TIE ac-
cused The charges and specif-
cations, ab printed in these col
umns 3 he time, r repeated.
Ihe be testimony of Ike Now
Ell, i ia Martinez Dc Strong,
Max dc, Rasalia Comedies y
Baca other important Witness
ee fol prosecution IN the Cav
es md trial, that the respond
ents s ht improperly to infiu-
ence testimony at both the
murder rial and in the disbar-
ment proceedings, is recited IN
full, together with the evidence Of
the respondent IN contradiction
thereof Commenting on this
testimony Ju ge Laughlin says:
These hYs six witnesses tes-
tilted each Il c barate and discon-
nected facts, sb1ich, il is alleged,
occurredie t different and distinct
times< I'D places, 40 motive. rea
son d conspiracy is either alleged
or shown as an inducement why
they should have so testified, ei-
ther at the preliminary hearing,
or on the final trial, or at this in
vestigation. They each separate
~ testified to substantially the
same state Of facts on each par
ticular occasion covering q period
OF sonEke eighteen months. IL is
not contanded tna enc single
cause usually assigned as a reason
for the giving of false testimony
by witnesses was shown or existed
in this case. And 1t was perfectly
apparent to the court from obser-
walton Of these witnesses, their
conduct upon the stand and their
manner while testifying, that they.
we're wholly incompetent from
want of education, natural ability
and experience to fabricate the
facts 50 testified to by them, nor
is it shown or commended, that any
malace or i'll will on the part Of
any of them existed toward the
respondent but, GU the contrary,
it is shown that at least 1of them,
who testified to very damaging
facts WAS a very warm personal
and political friend of respondent.
Nor is it contended or shown that
any illegal or improper influences
were brought to bear on any Of
them by the prosecution, or by
any n else as a reason for their
so testifying; while on the contra
ny, it is shown that many efforts
we're made by and on behalf of re-
spondent and his friends to Intim-
idate and suppress the testimony
Of at least some Of them, and their
testimony stands uncontredicted
by that of any disinterested wit
nesses.
Therefore, the presumption is
that these witnesses testified to
the truth, and to presume that
they testified falsely, under such
circumstances, seems to me is a
clear disregard Of the most ele-
mentary rules of evidence estab-
lished by reason and experience
for the guidance Of courts and iu-
ries in the administration Of JUS
tice from time immemorial, aud is
contrary to the deduction of the
truth by the process of ascertain
ing one fact from the existence Of
another. That is, in this case, re-
spondent did obtain one affidavit
and did not attempt to obtain an
other for the purpose of suppress
ing or destroying the testimony
of those witnesses; and did rem
der valuable assistance to Knodt,
and did interview other witnesses,
and the jury would be presumed
to reason that, it being shown be.
yond a reasonable doubt that 70.
spondent did attempt TO suppress
OF destroy the testimony of two OF
three of the witnesses, and did 10.
teryiew the others, that therefore
the testimony Of such witnesses
is true unless controverted by
other disinterested testimony anC
nothing of that nature appears II
this record. To hold that such
testimony, under such circum.
stances is unworthy of belief
simply because the moral charac
ters and standing of truth and We
racity of some of the witnesses
are Improbable, is to destroy th'
most fruitful source of tostimon.
I for the detection and suppression
Of crime, and to break away thl
barriers and open wide the gate
f, Of the criminal classes, and to sub
: jet the lives, liberties and proper
/, ~ of the weak and law-abidine
to the will Of the strong and vic
ious."
{ Touching the statement in thI
opinion that much testimony wa
offered to the effect that the wit
nesses for the prosecution wer