El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-16


For the Prosecution
Judge Parker's Charge
To the Jury, With All Addenda, And
Exceptions Noted By the Defense,
Printed In Full The Jury
Reached a Verdict of Acquittal In
Eight Minutes, And the Scene In
the Court Room Was IndescribabIe.
HILLSBoRo. N. M, June Ii. lex
clusive).-When court met last night
Mr.. Catron at once began his closing
argument for the prosecution. It was
expected that he would make q great
effort to bring out all the points in his
case, and would make q telling speech.
The large audience was not disappO:nt-
ed. Mr.. Catron spoke substantially
as follows: 1--WE have endeavored on
behalf of the prosecution to present
before you evidence to satisfy you as
= to The true state of facts. We have
made no effort to bring into this case
appeal to your prejudice or passion,
or anything that is not directly con-
Eected with this case. However, our
opponents seem to feel that they must
do all this that they must appeal to
your prejudice and complicate this
case with matters that are entirely ir-
relevant. They have striven by every
means in their power to prejudice you,
gentlemen of the jury, against not
81 ~
but against the counsel on this side as
we'll.
81 care nothing about the slurs and
insinuations that may be thrown out
against myself. / have been in this
country too long and I am too old q
man TO take notice of such things.
They need not think to hurt me or
turn me from my course one hairs
breadth by such attacks. 1 shall 60
right straight ahead with what have
to do, and l am we'll able to take care
of myself if it should become neces-
cary. But do not Like to have mat
tiers brought up before q jury in order
to influence them, that are not con-
nected with the case on trial in any
possible way.
81 do not know what your political
belief is, gentlemen of the jury, and 1
care less. It was allegedsby the gentle
that politics has been brought into this
case and that political animus against
the democrats is responsible for the
bringing of these men before the bar of
this court. The gentleman who just
preceded me Judge FslD misquoted
remark of mine, made only by way of q
joke or passing remark, and put into
my mouth words [ never uttered, in Or
der to prejudice, your minds against
the side of the territory. What said
was this: There ia nothing showing
that fact unless it may be that they be-
ing indicted for murder may establish
that fact 1t will be seen that did
not mentio democrats, and the defense
have seized hold of this passing re-
mark of mine and distorted it for the
purpose of misleading you.
7 shall confine myself to the facts IS
understand them. The keynote of
this whole case is Oliver Lees remark
to Wayne: Say nothing about what
with our plans. This WAS but short
time before the disappearance of Col.
Fountain. But the defense say the re-
mark could not have had any reference
to anything connected with the indict-
ments against these men, for the rea-
son that the men did not know at that
time that they had been indicted. Let
us see. On the oath day of January,
just one week before the day of the dis
McNew WAS in Las Cruces |
and gave bond for his appearance to /!
answer the Indictment that had been |
brought against him at the same time !
as those against Lee and Gilliland. OF
course they knew. They could't help i
knowing. So the indictments could !
have been a motive for the crime and |
have excited that remark, contrary to |
the assertion of the defense.
"What did that language mean?
Wayne had made no particular obser-
vations. What plans were they that
might be interfered with? Lee did
not deny the remark nor did he offer |
any explanation.
Zone week before the first of Feb !
ruarv, the defendant Gilliland came to |
McNew's house where little Jim Gould |
worked and got fresh horse and a lot
Of cartridges. He said: If any body |;
inquiries for me while 1 am away, tell /
hem that l have gone to Roswell
But he did not go to Roswell. He |
has this with Lees plans?
''Tom Tucker was there too-the !
man who bears the earmsrks of the |
notorious Tewksbury feud. He was a |
1eputy sheriff at Santa Fe, three !
hundred miles away. What was he !
1oing there? He had come down and |
then telegraphed back for his gun and :
saddle. Had this any connection with !
Oliver Lees plans? !
''Soon after that McNew went by /.
way of Roswell to Las Cruces. He |
made the remark, referring to the in
that they knew they could !
rot convict US but they were going to |
break US up or words to that effect.
Did this have anything to do with
'hose plans?
'Joe Morgan was there. He had T!
not been tas en- into the plot,
md he was sent away. Ii Tom Tucker !
had remained 80 far 8way from hia