El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-14

worthy of belief. He impeached Lee
tale of the Kearney fight by citing tn,
defense's own praise for Gsrrett's hon
est and straightforward tale. The de
tense stood by Garrett, but Lee tells
different tale. Lee must be wrong.
"As for the alleged fear that Lee hao
for Garrett, that is all abs olutely base
less. What about the man Ellis in Las
Cruces? Why did not the defense cal
him to testify? There is nothing W hat.
ever in what the negro said when it is
considered that Lee knew fully the
character of Garrett, and knew he
| would be safe in his hands whenever
he should surrender to him.
Gentlemen of the jury, you are
about to decide one OF the most i'm
portant cases ever tried in this terri
tory, if not the most important. If you
can conscientiously believe that these
men are not guilty of this murder the
interests of society do not demand their
conviction or the improper conviction
OF any man. If you are satisfied that
guilt rests upon these defendants, or
either of them, it is your duty to con-
vict. You cannot shirk this duty for
any consideration of politics Or person
al friendship.
"To hold that you cannot con-
is to condone murder, to put premium
on crime You cannot so hold. It is go
easy in this country to waylay a man
and conceal his body where it cannot
be found. There is evsry evidence
that these three men were the perpe-
traitors of this crime. These men have
wholly failed to explain any of the in
eliminating circumstances that form
the web we have woven go tightly
\
our evidence, they have resorted to
mud singing and have raised the cry
of politics. Is there any politics in
this case? Was that then political
murder? We never heard of politics
in this case until the term was inject
ed by the defense.
"Gentlemen, leave out every conside-
ration or issue but the one you are call
ed upon to decide. Did these defend
ants murder that boy? That is what
you have got to determine"
At the close of Mr.. Childers's re-
marks Mr.. Ferguson for the defense
asked that certain remarks of Mr.
Chllders be made part Of the record,
as follows: Referring to the testimony
OF Riley Baker as to certain express
s1ons, statements, or confessions made
to him by defendant Gilliland, the
counsel used these words: "They are
not denied by any body, not even by
the defendant Gilliland.' He asked
that these remarks be preserved in the
record as a violation of the statute
that counsel cannot comment on the
fact that the defendant does not testify
in his own behalf.
Mr.. Catron asked to have it preserv-
ed in the record that no.reference was
made In open court or in the hearing
of Mr.. Childers to the foregoing and
that he was not stopped, and that
nothing was done until counsel had
closed his argument and the jury had
retired.
The court said that it would appear
in the record that the counsel for the
defense privately suggested to the
court during Mr.. Childers's address
that he bear in mind that counsel
must not refer to the fact that the
defendants in q cause do not tsstify in
their own behalf; that nothing further
was done until after Mr.. Childers had
concluded and the jury had retired.
when counsel stated as above related.
ri n STATEp