El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-05-26
ATTORNEY
DEBARRED
Judge WaIthaI| Said That
Public Policy Required 1t.
THE PRICE MURDER CASE

THE PRICE MURDER CASE
Is Attracting Unusual Attention
Owing to the Prominence of thu
Parties Involved And the Tense
Feeling Evident.
Yesterdays developments in the
trial Of o. L. Price, county attorney OF
JEFF Davis county, for the alleged muir
der of G. E, Mulhern last fall At Fort
Davis we're of very interesting ma
ture, and the defense sprang great
surprise by fling an affidavit asking
that the court debar Judge w. W.
Gate wood, of Maria, special attorney
for the prosecution. on the grounds
that he had been previously engaged
by the defendant to look after his case
and hence the relations of attorney and
client had been established which dis
qualified Judge Gatewood for the pro-
secutiOn.
The allegations upon which the be-
lief are based is set forth in the follow
ing affidavit.
The state of Texa-, vs.O. L. Price. In
district court Ell Paso county, Texas.
Now comes o. L. Price, defendant in
| the above entitled cause, and it appear
ing that w. w. Gatewood, Esq is now
acting as counsel in behalf of that
state in the prosecution of him the de-
| PENDANT herein, in the trial of said
cause. be the said o. L. Price defend
| said w. w. GatewOod from further par
ticipaticn in the trial of said cause as
counsel for the state and to prohibit
said GatewoCd from further acting
| in the capacity as private prosecuting
attorney in this cause for the following
reason to wit:
Defendant o. L. Price shows to the
court that on or about the 18th day of
| Novemb Der, 1898, said w. w. Gate
wood was employed by him to defend
| him in this cause, that the contract of
employment was entered into and fully
| agreed to by and between said Gate
wood and himself, and that by the
| terms of said agreement defendant was
to pay said Gatewood three hundred
dollars, and ]. r. Chad burn, sheriff of
jeff Davis county, agreed with said
Gatewoo6 and this defep dant to stand
| as surety for said mOnev and agreed to
sign q note for said amount as surety
in payment of said fee; that said Gate
wood fully agreed to all this and the
employment was in all things complet-
ed and the relationship of attorney. and
client thereby created as between said
Gatewood and said o. I. Price, the de-
PENDANT herein, and that b ,cause of
said employment and said relation
said Gatewood Induced this &C.
PENDANT to disclose to him on said
18th day of November. 1898, the day
after the shooting of Charles Mulhern
by defendant, his line OF defense in full
and caused this defendant while rely
ing upon the relationship of attorney
and client to make to said Gate |
wood full statement of the details of |
his defense in this cause, and defend !
ant shows to the court that he has !
never discharged said Gatewood |
from his case IS bis attorney and did |
not consent to his abandonment of his |
defense. and Notwithstanding all this |
said W. w, Gatewood has accepted & |
fee to assist in the prosecution of this |
cause. so defendant is reliably inform
ed and therefore so charges the fact TO
be.
Wherefore, defendant prsys the
court to hear evidence in support Of
the allegation of this motion and
moves the court to exclude the said |
Gatewood from this cause IS counsel
Tor the state and to pI ohibit him
rom in any manner appearing or actf
ng as counsel in the prosecution o.
,his defendant in this cause.
j. E. YANDIS, attorney for o. L.
Price. defep dant.
Judge Walthall set the hearing for
hree O'Clock, and when the case wasl
.alled I'll e court room was crowded with
awyers and citizens.
PRICE ON THE STAND Il
o. L. trice was first called to the
witness chair and testified that Gate !
Vood CT N to him at the Jail in re-
pouse rs Gatewood said, to summons !
rom Price. Price further stated that
hey fire. agreed on the fee which was
300 and Judge Gatewood agreed to !!
ccept Prices note endorsed by
heriff j. r. Chadburn. Price also de-
Jared that they talked of the case e
nd when tbe line of his defense was
old to Judge Gatewood, the latter
aid. "Why I can clear you in twenty
minutes on that"
Gstewood left Price shortly after o
mis- saying he would return in about +
n hours time. In the meantime \
Judge Gstewood received word from
lulhern, that he wished to retain him T.
> counsel in the case against Price. "
atewood drove over to see Mr.. Null II
ern and while there entered into an Ii
greement, verbal or otherwise, to
rosecute the case against Price for p
of $500 which Mulhern T
ad offered him.
Judge LAKEWOOD then returned to the
Ill and informed Mr.. Price that at the
me he came to see him be was labor Ct
~ under a misrepresentation and as be OF
as under prior obligations to Mr.. .
ulherp, he would be compelled to I
ithdraw from this case as he had r
zen engaged to represent the prose- u
ltion. u
JUDGE GATEwOOD'S ANSWER. -.
Judge Gatewood next testified on the
and but the following affidavit which VI
an answer to the one offered tn the oil