El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-12-06
Jury Quickly Found Him
Guilty Of Cattle
Stealing
THE DEFENSE FAILED
To Convince the Jury That Tiague
Was An ACKNOWLEDGEMENTS a
Surprise Judge Falls Closing
Argument - Judge MaIthd11'S
VnefrnrfinnC

Inc jury III tne 1)uu Dldck Case
brought in q verdict of guilty late yes
imprisonment at two years. The YER
dict was something of a surprise, most
of those who had heard the arguments
in the case believing that Judge Clark
and Judge Fall had convinced the jury
tb at the states chief witness, Tiague,
was an accomplish, and that the other
evidence offered was not sufficiently
ccrroborative as to important facts to
convict Black beyond q reasonable
doubt.
Judge Fall in his closing argument
for the defense attempted to tear the
states evidence to pieces. He made
ore point as follows: 1.-THE district
attorney has told you, gentlemen of
the jury, that Tisgue was not au ac-
complete because he did not know
when he saw these % cattle dead that
honestly. Tiague was the only man
who saw the brand. Ii he did not
know how can you know that any theft
was commit ed?"
District Attorney Dean strengthened
his case in bis closing argument.
Judge Walthall, in his instructions to
the jury defined theft aud an accom-
plice. He told the jury that it was
for them to decide upon the questions
considered Tiague to be an accomplish
they must be governed by the law and
decide if the evidence of the other
witnesses was sufficie ntly corrobOr alive
to convict Black.
The Jury was out but short time.
The verdict which they brought in
had some slight omissions. which
were corrected by the unanimous con-
sent of the jurors.
LII
other charge of cattle stealing and
smuggling. His relatives are also in
trouble, as tod in yesterdays HERALD
COMFY BLACK ON TRIAL.
The trial of Coney Black. an uncle OF
"Dud" Black, charged with the same
offence as that for which "Dud' Black
was convicted, namely the theft of cat
tie from o. L. Lockett, branded "22''
on the left side, at Grow Flat, in this
county, about seventy miles down the
river, on December 9 last, was begun
before Judge Wslthsll and jury In
the district court this morning. The
case is similar to that of ''Dud"
Black.
Judge Clark challenged the array of
jurors summoned by Ed Bryant, the
ground that Bryant summoned them
with a view of convicting the defendant
and that he wilfully summoned such
persons knowing them to be preju-
diced against the defendant In auy
criminal case. That Bryant, who Is
witness in this case, is greatly preju-
diced against the defendant. was shown
by this testimony in the case against
"Dud" Black. Further, THAT the
Jurors 80 eummonsd are not and would
not be impartial jurors in this case
that with the exception of w T. Stew
art, w. Evans, William Young and
one or two others, the said jurors have
no other business or means of support
than that derived from jury service"
Judge Clark started to argue the nc
tiou when Judge Walthall said be
would hear the testimony of Bryant
Bryant was thereupon placed on the
stand and Judge Clark asked him q
question or two as to his testimony and
offic al connection with the case. The
court refused to allow these and said
that only evidence as to the prejudice
of the jurors would be heard. Judge
Clark said he could not show this by
the witness and excused him.
After the district attorneys exami-
nation of the panel Judge Clark ex-
amined each one sharply as TO his quail
from the regular panel and the special
venire OF fifteen. They are:
David Andrews, T. ]. Grey, b. r.
Mccain, D. B. Halderman. 81. A. DON
nelly, @. M. Dinwidie, P. Murtha and
F. Daily.
The panel being exhausted, the
court took a recess until ten more jurors
could be summoned.
The jury was completed after the
recess, the following named being
chosen: ]. Monahan, w. E. Will
kerson, J. IB. Hartley and W.
A. Jennings. The with esses and
the evidence were the same as in the
"Dud" Black case. The case will pro-
badly occupy about the same time and
will probably go to the jury tomorrow
Afternoon.