El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-15


tina, Joe Fitchett-is liar; that Dar
Fitcbett- a liar; that Bailey-is
liar; that Oliver Lee-is liar; tina
Mrs. Lee-is a liar. If Max we'll told the
truth you must believe that these five
men and woman are perjurers-are
worse than perjurers, are murderers,
for they are implicated in this case.
If you believe that Maxwell told the
truth, you must believe that George
Curry is liar. and that Bud Smith is
lia-. Now take your choice-either
all these eight witnesses are liars
Jack Maxwell is liar.
The story that the prosecution at
tempted to put up about that contract
of Maxwell's is most foolish. The pro-
secution made Garrett swear that the
contract means exactly what is on it's
face. That means that he was to be
paid to testify against these men. Can
you doubt it? Before you can go out
into the.case at all and speculate on
what might be, you must believe that
Jack Maxwell is telling the truth.
1--WE had about SIXTY witnesses here
on our side. We have introduced only
ten of them. We discharged the 9th
ers because the prosecution did not
succeed in making out any case against
these defendants. The territory has
not done its duty; it has not been hunt
ing for the real murderers of Col.
Fountain and his little boy. 1t has ex-
erted all its power, and has spent its
money, to fasten the crime on these
men. It has held these men without
bail, and has required them to come
here and prove their innocence, saying
to them, I'VE shall not attempt to
prove your guilt" Gentlemen, that is
the position in which we find ourselves.
'They say you may find verdict of
guilty of murder in the third degree.
Then why in the name of God are
these men held without bond? L ask
for no white mantle of charity for these
men. l desire no vindication. 1 ask
simply stern justice. If the evidence
in this case .convinces you that these
men murdered little Henry Fountain,
you must convict. There is no alter
native. If you are not SO convinced,
turn them loose.
"You are no doubt surprised to learn
that such state of affairs can exist as
that in Dona Ana county. In many
streams there is a point at a sharp
bend in the course where the water
pauses in its onward flow and forms
an eddy. Around the edges the slime
gathers, and the froth, aud logs, and
dead leaves, and all manner Of floating
filth. The moss and ferns grow dank,
and the shadowy places are haunted |
with creeping things. Snakes come |
out of their hidiog places and |
bask in the sun on the Shiny logs, |
and if they are disturbed in their |
retreat they sting in the heel the |
man who is so foolish as 10 venture
there. Dona Ana county is just such |
a dead eddy. Under the territorial
form of government the public officers
DO not hold Office by the choice of the
sovereign people, but are appointed by
the federal powers. There in Dona
Ana there have gathered together, as
does the Shiny filth on the edges of the
lead eddy, q lot of broken down old
political hacks. They bask in the sun
Dents stretched out on the dead logs.
They nevergOt an honest dollar IN
heir lives. and do not know how to
earn one except by serving the people,
Orsooth, In pubic office. 1t was n
ust such dead eddy as L have de-
cribed that there arose this plot for
he persecution of Oliver Lee.
"FrOm 1896 to 1898 there was no
Ittempt made even to arrest this men.
The prosecution has all the time been
n possession of the same evidence that
hey brought here for you to consider.
NhY was there no Indictment? Why
vas there no arrest? Mr.. Garrett. tries
o explain it by alleging that L was so
III powerful that | clogged all the
wheels of justice in the territory. He
must needs wait for a change of ad
before taking steps to
'unish these men for an alleged
leinous crime committed in February,
S96. Mr.. Garrett affects to think
hat all the power of the territory, all
he influence and money of the
dasonic lodges, all the influence and
money of the cattle mems associations,
II the money put up to convict these
x.fn do Inv 1;Ns @s
scoundrels, could be and were
successfully Offset by me, and he had
o wait for change of administration
efOre bringing these men to trial. So
here was no indictment found or war
ant issued until l had left Las Cruces
nd gone into the army.
1T m ght have been more interest
ng or more satisfactory TO some people
f we had put on the stand all our wit
lesses, and have shown just what we
'elieve to be the facts in this case. But
t is not our business to find Col. FOun-
ain or his murdererS and Er.pg them
ere. 1t is absolutely nothing to these
whether any crime as been
or not.
"These defendants are paying all
be expenses of their defense. The
does not help them out; they
lust defend themselves. 1t costs lot
f money to put sixty witnesses on the
tand, but more than all this we do not
ropose to show our hand until we are
Ompelled to. There are two more
Asses for US to meet. AS long as this
ersecution persists we want to have
in reserve.
"Our defense is an alibi, clearly
roved. Put yourself in the place OF
lese defendants. The prosecution
as made out no case st all. Their T
)nteutions are sheer nonsense. The 7
LEGGED case seems to need no defense.
We have simply attacked their wit r
h1r hni !