El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-12-06
DISTRICT COURT
PROCEEDINGS
Goggan Arrives Today
And Begins Work
THREE MURDER CASES
To Be Tried This Term Before
Judge Walthdll-SpeClal Venire
In Each And In One Other Case
Case Dismissed

Judge Goggap, of the 41st judicial
district, who ls to sit h ere during the
Decem Der term, arrived from Eagle
Pass this morning. No case being
ready the court took recess until 2
O'Clock, when the case of Wellington
| against the Southern Pacific railroad
| for personal damages began. Patterson,
Buckl Ter, and Ed wards are the attorneys
for the plaintiff and Bean and Kemp
for the railroad company.
The suit is an old one. 1t has been
| tried ahere three times already, each
trial being set aside on some technical
flaw. In the last trial the jury
brought in a verdict for
the plaintiff in a considerable
amount, but 1T was afterward discover
ed that one of the jurors had served in
| q previous trial of the case, which set
aside the verdict.
w. c. Wellington, the plaintiff, was
an employe of the Southern Pacific
| tracks he was caught between two
| freight cars and badly crushed. He
sued the railroad company for dam
| ages, the first trial being held in 1892
| The talesman in the regular panel
for this term in Judge Walthal's court
were sworn and tie jurors elected from
their NUN Der.
a volunteer fireman, and gave that as
an excuse for being relieved
from jury duty in Judge Wslthall's cour
Monday, offered the same excuse to
Judge Goggan aud it was accepted.
Judge Walihsll refused to accept this
excuse holding that since Krupp
| is not member of the
regular fire department. he is
not exempt from jury duty. He fined
Krupp 85 for refusing to serve. Krupp
stated at the time that be purposed
bringing the case before Judge Gogean
on habeas corpus proc eediug to test
the liability of volunteer fremen to
jury duty. Such proceeding has not
yet been begun.
In Judge Walthall's court this morn
ing, District Attorney Dean asked for
special venires of sixty jurors each In
the following cases.
The state against Jesus Martinez,
charged with murder; set for trial on
December IA.
The state against Newton Matthews,
charged with murder, set for trial on
| December IL.
The state against Eduardo Bustillos,
charged with murder; set for trial on
December 20.
The state against Charles Macarthur,
charged with robbery by the use of
| u OoTus. oS0 AoT 0IAoA III DSSOAOOf
%.
Judge Walthall ordered the special
| venires. Four special venire cases
coming SO close together is unusual
| and the court thought that some diff
Guilty might be found in securing the
venires. The district attorney said
that the same men might be called on
all the venires If such were the case.
The December term ia q short one ard
IL Is necessary to try the special venire
cases in rapid succession.
AS indicated by the foregoing, most
of the time of the court for this term
will be taken up by special venire cas-
es, three of them being murder cases.
Matthews, a colored man, is charged
with the murder Of one Hunter. "a color
ed cook on the private car of Manager
Eddy of the White Oaks
road in October last. Mar
tipez is charged with the
murder of another Mexican. Bustillos
ia charged with the murder of Genera
Trevizo.
Macarthur Is charged with the rob-
berry of q railroader who passed through
Ell Paso some months ago. The rail-
rosder is now in Los Angeles. An
effort will be made by the state to have
him present to testify during the trial.
District Attorney Dean moved the
dismissal of the charge of assault with
intent to murder against Frank @.
Quiros, stating that he had not sufti-
eDt evidence to convict him. The
motion was granted.