El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-13

|
By Judge Fall: How much money die
you get off that negro you murdered q
Fort Selden three years ago?
| objection sustained).
Witness said he was deputy sheriff
in July, 1898, and that he went back
and reported to Garrett after he had
seen Lee. Witness denied having
said ''Cuidado" in Spanish as he said
good bye to Lee at the gate.
FALLS LITTLE JOKE.
The prosecution then put on the
stand successfully Messrs. Wayne,
Teaford, and Engleman. Wayne testi-
fed that he knew Lees white horse
and he would say it would take larger
shoe on the fore foot than on the hind
foot. The other witnesses were black
smiths in Hillsboro: They testified
| that the front feet of horses were al
most invariably larger than or as large
as the hind feet. Exceptions were al
most unknown. The examination of
these witnesses consumed good deal
of time and the defense made a show
at cross examination. The evidence
was introduced by the prosecution in
reouttsl of the statement of Tom Tuck
err that the hind feet of Lees white
horse we're larger than the fore feet
After much time had been consumed
in hearing the evidence of the Eek
parts," Judge Fall laughingly eaid:
s'Y our honor, there does not seem to
be any nse in pursuing this examina-
| tion any further. We admit that Mr..
Tucker made slip of the tongue and
ahat the fore feet of Lees white
horse are larger than the hind feet
1.-The greateagerness of the witness to
testify will doubtless account for the
error, - snapped Mr.. Catron.
20, you gentlemen ara always ready
| to look for corrupt motives in other
people, aren't you?" replied Judge
Fall.
Eyes," said Catron. associations
generally account for them"
"At o. time your associations with
me benefited you cOnsiderab4 Mr..
Catron,'' said Judge Fall, quietly.
The court requested counsel to re-
frain from going outside of case or Sim
dulging in personal remarks, and ask-
ed that they address their remarks to
the court.
Maxwell was brought on by the pro
secutiOu to rebut evidence OF Bud
Smith that witness had said to Smith
on his return from Tularosa shortly
after the Fountain disappearance that
1T would be useless to try to connect
Lee with the Fountain case as Lee was
81 his ranch setting out fruit trees on
the day of the disappearance" Wit
ness admitted On cross examination
that he had some such conversation.
Witness testified positively as to dates
this time, although he admitted that
GU the direct examination he had said
he was uncertain.
A man named Wright was brought
on to testify, il is to be presumed, to
something. Mr.Childers made repeat
en- attempts to get that something out
of the witness but the witness seemed
to be il q sort of stupor and wasn't
exactly satisfactory. At last Mr..
Childers said: "Well, do you know
any thing bout it at all?
mo SIR, said the witness.
"That's all'', said MIR. Childers.
THE CASE CLOSED.
Both sides announced that they were
ready to submit the case to the jury.
The court then took a recess until Sat-
urday morDlng.
Before the jury were called in Satur-
day morning the court ANNOUNCED that
as there was q differences of opinion
among counsel Is to whether the charge
to the jury should include all three de-
grees Of murder or only the first de-
gree, he would hear argument by
counsel upon the point.
ARGUMENT.
Mr.. Childers cited the law as to the |
three degrees of murder and contend |
ed that if the charges were confined to |
the first degree only, the court would |
have to assume to judge the facts for |
himself and to consider that the evil |
dence had shown that the defendants |
must have been lying in wait to kill |
with generalization and deliberatiop. |
There might be other circumstances
and the jury should be allowed to de- |
t=rmiue as to the facts and their signi-
fcance.
Mr.. Ferguson made short but |
pointed speech. He contended that the |
alleged crime was murder in the first
degree or it was rothing at all. If the
prosecution had proved anything it was
tn at the alleged murderers bad lain in
wait for their victims-that they had |
Swallowed them all the wsys from Lin
coin with the intention to commit q
horrible crime. He emphasized that |
the defendants were on trial for the |
murder of nine-year old child. There |
was no evidence that any body had been |
killed or was dead. At any rate, in |
the case of the child, there could have |
been no motive other than cold blood
ed murder. Counsel said it was absurd |
to claim that the alleged murder of the |
child could have been committed in
the heat of pasSiOn-calling for q |
charge ss to second degree murder.
Mr.. DOugherty spoke in the same
strain. He referred to the evidence
by the prosecution as
having been intended in every part to
show plot to kill, that the crime was
first degree murder or nothing at all,
and that the defendants were either
guilty or not guilty.
Mr.. Fall said to charge the jury On
any but the first degree would cause
them to run off into the wild and
shadowy realms of speculation" aud
,onjure up possibilities that were not
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