El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21
JUDGE.FALVEY'S
ARGUMENT
Consumed All Of the Satur-
day Afternoon Session
A REPORTER ATTACKED
In Open Court Because He Reported
Damaging Evidence In FulI.-At-
torney Falvey Doesn't Think Much
of Lambs Witnesses.

vi LdmO B WltucSecS.
Judge Falvey talked Saturday even
ing in the district court room arguin g
In support of the Patterson will from
Up. m. until nearly five.
Judge Falvey admitted that he did
not know the reputation of their Utah
street man, Chambers, or he would not
have permitted him to go upon the
witness stand. He apologized to the
court and the lawyers for Chambers
presence in the court room and paid
high compliment to the HERALD, oy
charging that it was arraigned against
Patterson and his cohorts, and scoring
. HERALD reporter because he had
published disclosures made on the
witness stand by Patterson witnesses
When court opened after dinner the
speaker referred frequently to the sta
tute of frauds and declared that oral de-
clarntions to show who IL to receive or
not to receive q mans property after
his death or what particular portion
should be received by anyone of his
heirs, were not admissible. He read
from his books on the subject and ar
gued that the testimony of many OF the
Lamb witnesses should have been ex-
oluded and should not be considered by
thecourt.
"a man may swear he Is going to do
90 and so and IL will amount to nothing,
because IL shows nothing; he may
change his mind the next moment.
"Had 1000 credible witnesses sworn
that Patterson, Wallace, and Van Pat
ten were un worthy of belief on oath it
would have been entirely foreign to
the Issue.
ar Jones wants to make his will and
calls In Smith and Brown TO witness 1t,
and after his death IL turns out that,
both were notorious liars,
10 does not, under the law, affect the
validity of the will.
BURNS requested both Wallace and
Van Patten to witness the will. Do
you suppose that Wallace knew that
his reputation was so bad that he
would be assaulted numerically simply
because he witnessed that will At
Burns's request.
1.-THE proposition that Wallace had
an interest in the legacy Is preposter-
Gus, nor can 1 see that his being inter-
ested would have bad any bearing on
this Issue.
81 have heard many witnesses
abused in this court room, but In all
my career / never heard so much vitrol
injected into an argument as into Sena-
tor Turney's.
81 used to think that Dean ate raw
meat to get ferocious in order to abuse
witnesses. / think now that Turney
must have been drinking gall q week
or two in advance so as to be ready for
Chambers and to slaughter every body
else in this case.
"The opposing counsel are perfectly
willing to admit that Patterson and
Wallace and the rest were entirely
competent to witness and frame the
Lamb will; but when they Witnessed
the Patterson will they were unworthy
of belief on oath.
s'That reminds me of q story 1 once
heard an old negro tell: He was fish
ing and caught big catfish. 1t was
SO big that he concluded he had all the
fish he wanted and laid down and went
to sleep. After while another negro
came along. he had little catfish
and when he saw the big one and its
owner asleep he decided to swap fishes
and he did. When the sleeping negro
awoke aud looked around for his big
fish he found the little one. He rubbed
his eyes aud said: ''Fo' God, how that
catfish done swunk."
"The regulations of our witnesses
'swunk, according to our opponents.
APOLOGY FOR CHAMBERS.
"a terrible assault has been made
upon the character OF our witness,
Chambers. 1 frankly confess that
had known Chambers's true character
Il
on the witness stand. Mr.. Turney said |
that Chambers introduction was an |
insult to this court and to the lawyers. |
did not intend to insult any one with |
him and offer an apology to those |
who feel that thew were insulted. !
did not feel insulted by the characters !
of some of their witnesses and none |
was intended when chambers testified. |
So let's call it square"
AA L..
about a justice of the peace. 1t was |
told In order to show that though the |
regulations OF men might be white as |
snow they were liable to be blackened |
and impeached.
The testimony of Wallace was next |
reviewed, and after going over 1t bit by
bit the lawyer remarked with great !,
emphasis:
''The court will have,to determine
whether he swore to villsinous lie or
not"
In reference to the envelope deposit
ed with Austin he said:
at must have been will or IL /
would never have been marked as such
on the face of the envelope. Because
It was a will and a valid will they as
sault Wallace's character.
"Who are their witnesses for this
purposee Harry Wood, a self confess
sed crank; man who can see thing
but one way and Is is ready TO accuse
every body not agreeing with him, of |
being a rascal.
"Now Msurics McKelligon Is a nice !
boy but he is sn enemy of Wsllsce's.
aud is prejudiced. That's all L care /,
TO say for him.
Nov, If there's any place on earth
where spite and hatred and personal
luminosity in politics is given freer rein
than in FL Paso don't know of it. o,
yes, there is. TOBIAS Cruces. I'll /
back Las Cruces against the world; but
e. Paso l. second.
''Now Horace Stevens Is Eel Capt.
tan, as the Mexicans say 10 this par
ticulRr. He Is one of the most rahid