El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-05-12
Attorneys Warmed Up While
Arguing the
RACE-TURNER CONTEST
In the District Court Room This Morn
ing.-The Matter Was Brought Up
Again When DIR. Races Attorneys
Sought to Induce the Court to
Modify His DecisiOn.-El PasO
Newspapers Not Worthy Of Be-
lief.

A warm wrangle took place in the
district court room this morniug be-
tween w. 81. Burgess, attorney for DR..
Turner, and Messrs. Beall & Kemp and
Pat terson and Buckler for DR.. Race.
The school board question wac
brought to the attention of the court
again this morning by DR.. Races at
Walthall modify his finding in the re-
cent mandamus proceedings and de-
eide whether or not DR.. Race can le
gally serve as chairman. In other
words their object was to have DIR.
Race recognized by the court as chair
man of the school board SO that, as
they claimed, the business of the board
might proceed and be no longer OBJ
structed by the controversy between
the two factions.
The arguments were prolonged and
at times heated and personal but re-
suited in nothing. The judge at one
time appeared inclined to consider fa-
vorably the letter of the state sup
erintendent upholding DR.. Race. but
strong arguments we're quickly pres
ented to him by Mr.. Burgess against
the stand taken by the superintendent
and Judge Wslthal1 rendered no deci-
sion but asked for authorities on the
point.
During the progress Of the debate
DR.. Turner was styled an interloper by
Captain Beall and Attorney Foster was
reproved by the captain for bringing
up the name of Mr.. Morebead.
1t is probable that the jude of
the court will not be carried out until
Mr.. Martin returns on the 18th, as the
court seemed particularly anxious that
the dispute be arranged amicably by
compromise and several times this
morning told the lawyers that be was
anxious only to administer Justice to-
ward both contestants.
Captain Beall was anxious to have q
decision without loss of time, for the
good of the schools, he alleged, and
after exhausting every argument said
the opposing counsel and asked them
to agree to abide by the decision of the
court and they had refused. In refer
ring to Mr.. Martins absence Captain
Beall contended that Mr.. Martin had
already said what he was willing to
do.
''How do you know" asked Mr..
Burgess.
"I've been told go and I've seen it in
the paper. No doubt you've seen it
too," replied Captain Besll, turning to
the opposing counsel.
"Haven't you lived in Ell Paso long
enough to know that when you see any
thing in an Ell Paso paper it's q ie"'
exclaimed Mr.. Burgess. "That's al
ways my presumption. When I see
anything in an Ell Paso paper take it
for granted it's a lie!"
II don't know about that" said
Captain Beall, 'but do know that Dr..
Race has done more for the free schools
of Ell Paso, spent more money and
given more of his time and attention
to them than any man in Ell PAso and
I know him we'll.
II do too" retorted Mr. Burgess.
"Yes, but you are prejudiced. l am
entirely free from prejudice in this
matter and unhesitatingly say ttis in
regard to DR.. Race"
After further talk the lawyers with
drew without the decision of yesterday
having been modified.
In regard to his statement in open
| court rejecting upon the veracity OF Ell
Paso newspapers Mr.. Burgess told q
HERALD reporter who was in the court
room that he intended no personal in
suit to the newspaper men pre.en and
that the HERALD usually acted on the
/ SQUARE