El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-05-26

set out in defendants motion, but say
that the same was made by him, tn
said Gatewood. under q misapprehen
sion and mistake of the facts concern
ing his relation to said cause, in this
That when said contract was mad
said Gatewood had good reason to be
lieve and did believe that defendsn
had sent for him from Fort Davis tt
Maria to employ him .for the defense
but that Immediately after making
said contract said Gatewood wal
advised of the true state
of facts, namely, that Charles Null
hern, ST., had sent for said
Gstewood to employ him as special
counsel for the state to prosecute said
vised of this state of facts he promptly
notified said Price of the same and
told said Price he WAS under prior
obligation in said cause to said Charles
| Mulhern, ST., father of G. E. Mulhern,
deceased, whom said Price had killed,
and that said Price assented to res
cission of said contract with said Gate
wood, and thereupon the same by mu-
tusl agreement of said Price and said
Gatewood was rescinded; that said
Gatewood received no retainer or
from said Price or from
any other person to defend said
Price, nor was any promissOry note
or other written obligation executed
or delivered to said Gstewood from any
other person 10 defend said Price; and
that said Gatewood rendered no serv-
ices whatever for said Price, and that
the alleged contract of Unemployment was
not in existence more than an hour un-
til the same WAS rescinded; that said
Price never at any time divulged to
4 hi 4f Of
the facts concerning said homicide or
any part thereof; that Immediately up
on the rescission OF said contract with
Price, that is to say, within q few hours
thereof, said Price employed
other counsel to defend him !;
that said Gatewood appeared as attor-
ney for the prosecution in said cause
at the examining trial of said Price,
without objection upon the part of said
Price or his attorney; that soon after
wards said GatewOod appeared ss cou1-
trial of said Price, in which habeas
corpus trial he was represented by his
present attorneys, without objection
from said Price or from either of his
present attorneys; that afterwards said
Gatewood appeared for the state in the
district court of jeff Davis county
wherein q change Of venue of said
cause was taken to Ell Psso county
where said cause is now pending, with
out objection on the part of said Price
or either of his attorney 8 who still re-
present him; that afterwards by agree
ment between said Gatewood
and the district attorney, on the part
of the prosecution, and M. w. Stanton,
one OF the present attorneys for the de-
Tense, this cause was set down for trial
on the 18th day of May, inst, and no
objection was made to said Gate wood
as special counsel for the state by said
Price or by either of his attorneys; that
this objection to the appearance of said
for the state in said cause
was not made in this court until the
state had announced ready for trial
and only few minutes before defend
ant had announced ready for trial; that
said Gstewood was given no notice of
said motion until after the same had
been filed.
w. w. GATEwooD, A fiant.
JUDGE WALTHALL s DECISION.
No arguments were made bv either
'ide, and Senator Yantis said while |
here had not been case of the kind |
n Texas he had two authorities on |
land OF similar cases in two other |
states. Judge Walthall then rendered |
lis decision. 1T would appear i'm
n sterial. in deciding this question,
whether there Is now in existence q
contract OF employm between Gate
wood and defendant Price. However,
t would not be to the best interests of
lther the state or the defendant to
llow Mr.. Gatewood to appear. 1t
night have the effect of causing a re-
ersal of the decision of the lower
curt on appeal, and it is the duty of
he court in the interest of state
nd defendant not to allow Mr.. Gate
rood to appear further as counsel in
his csse.''
STORY OF THE CRIME
The cause which led up to the killing
.. l.. Price at Fort Davis, was the
atcome of the late full election. The
story, necessarily one sided,
made uD from the testimony at the
rellmlnary hearing, at which the de-
,nse waived examination.
In opposition to the old regime which
ad been dominant factor in pol
les Tor years, a new party movement
the "Parte Nueva." was launched
nth Prominent in this new party
as George Grierson, candidate for
lerlf. Another, third ticket, was :
1T In the field having one candidate :
the ticket. d. L. James for sheriff.
warm supporter of James was E. E.
ulhern, county assessor The old
cket was completely successful.
Several days after the election, on 9
e afternoon preceding dance which
as to be held at the court house.
lends, including the car didates, were
one of the popular cafes of Fort Da- 8
drinking to the health of those
esent. In the party were Jesse .
ruett, 0. l.. Price, G. E. Mulhern, 70.
Gooldrup, Bob Brown and the pro-
ietor of the cafe, Tom Hawthorne. 3
While they we're standing there =
att!ng and having a j lily good time,
e OF the DartV ram arkad to D.;oo | -