El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-15
DAUGHERTY
AND FALL
Address the Jury in Behalf
of the Defendants
APPLAUSE IN COURT ROOM
Promptly Suppressed By Judge Parker
Who Says Quiet Must Be Main-
tanned By People in Attendance
Upon the Trial.-The Case of the

Defense Ably Expounded.
Special correspondence Of the Herald.
HILLSBoRo, N. M, June 13.-Mon-
day afternoon II. M. Daugherty for the
defense made long address. He said
in part: st is not for US to determine
the facts of the Fountain disappear
ance. We have only to show that we,
the defendants, had nothing to do with
his disappearance, or his death, If he
be dead. The territory has entirely
failed to show that the defendants had
anything to do with the Fountain case.
There has been much confusion in
this case. These defendants are not
on trial for the killing of Col. Foun-
tain or of Deputy Kearney. They are on
trial for killing little child. Fix that
fact firmly in your minds. The imagi-
nation of some of the witnesses for the
prosecution is of the dime novel order.
They can, it seems, tell all about the
feelings and thoughts of people from
their tracks. OF course 1t was hard for
them under such fire OF questions as
was poured out upon them by the coun-
sci for the prosecution to discriminate
between what they knew and what they
thought they knew.
"The prosecution brought politics
and outside issues into this case to pre-
judice the minds of the jury. They
derers, desperadoes, and fuRitives from
Justice. The defense has had to go to
q certain extent into the facts about
the real conditions at Las Cruces in Or
der to show that it was not for the
murder of Henry Fountain, but for per-
sonal and political reasons, that these
defendants were prosecuted Don't
charge this state OF things on the de-
tense. The prosecution brought it
Nd ha6
prove it. l am glad the matter has
been brought so prominently to the |
front, however, for it will give the |
Jury an idea as to the real animus that |,
lies beneath this persecution.
"You have heard much about the
corpus deficit. Understand me, it is
not necessary in order to convict for
that the body of the victim be
produced. But it is customary to bring
into court some part of the body, Or
that carries absolute con-
viction that q crime has been commit
ted.
"I never heard of a case where
men were put on trial before jury for
when there was not scintilla
Of proof that crime had been commit
ted.
THE proof that these men commit
ted murder upon the little boy Foun-
tain must be cogeut and irresistibl
There must be more than reasonable
1oubt. You have no reason TO believe
that crime has been committed. They
prove thai a blackboard disappeared on
, main travelled road. Soon afterwards
Albert Fountain went along the road
ind examin ed every sign carefully. He
iidn't see any blood. Has there been
my evidence that any fight took place
Is was suggested by the counsel for the
Again, is it reasonable
% believe that men as DESTROYS of avoid
ng suspicion as the perpetrators of
his cruel crime are ssio to have been,
would have left a great pool of blood {
reside the road in plain sight of every ]
,ody passing? On direct examination
hat fine expert of theirs swore the
blood WAS human blood. On cross ex- ,
animation his testimony was shaken {
nd he admitted that not by any or sill {
# his tests could he distinguish human ]
Hood from animal blood. He finally s
efused to make even guess as to i
which of several Walls of blood contain '
d human blood, although he had said 7
lie could tell by the taste. What kind /
f an expert Is that? And vet they ask =
ou to hang two men on such testimo-
~. {
"Mr. Childers laid stress upon the /