El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-03-10
"How Could f." He Cried,
HWhen | Had No
Gun?"
COMEBACKNOW TOPR0p
The Argument Of Captain
BealI And Send Him
Back To Mexico
For Trial

| When Judge Sex ton reconvened
ner, Capt. F. J. Be all began the Open
ing address on behalf of the Mexican
government. He spoke for two hours
and half, concluding at 4:30 O'Clock.
Judge Sexton then ssid that as it was
evident that there would not be suf
! fcient time left that day 30 enable
Judge Wilcox to conclude his argu-
ment, he would adjourn until $50
| this morning..
THE DEFENSE'S ALIBI.
Capt. Beall attacked the efforts of
| the defense to prove an alibi for Bias.
n order to do this he said the evidence
must be not only positive and clear,
but consistent and in accordance with
| reason and common sense. These re-
quirements, he contended, were lack
ing In this case. He laid stress upon
the fact that none of the witnesses
were able to explain why they were SO
positive in remem beriug the exact
dates when there was nothing partio-
ulsr to impr sss them upon their minds
Time was the most essential point in
esta blishing an alibi.
WHY SUCH GOOD MEMORIES.
Now, Capt. Besll IN msintained if Bis
were entirely innocent Of the murder
of Esquej ada and he knew nothing of
his death until he learned of il from
his uncle at Colorado, New Mexico; at
ter all these events he was so positive
whatihad occurred and there would have
been nothing to particularly impress
them upon his mind or that of his re-
latives. Why were they then so
positive about the exact dates' One
Of them when further que stionei had
so poor memory he did not know the
day on which he was married.
Then too, counsel maintained the
witnesses contradicted each other and
themselves. Bas's own testimony
contradicted itself. At one time he
said he.arrived in New Mexico on the
9Th of April and az another time he
said the 13sh.
STRANGE COINCIDENCE
It was strange, too, If they were in
nocent men, that all three Aguirres
Immediately after Esquej ada's death
had found it necessary to go to New
Mexico, one to earn money to pay
court expenses, one to visit sick un-
Gle and a third for something else.
h.a foo har af
them ever thought of returning until
brought back under arrest.
Capt. Beall then called attention to
the fact that Aguirre had virtually set
up two defenses. One was an alfbi.
the other was that he had no firearms
The latter plea was q tact admission of
the falsity OF the form sr a1d in direct
contradiction of it. When asked the
direct question If be had killed Esque-
jada Bias answered: "How could [
when l had no gum" This was ruled
out by the court IS being argument and
not evidence. But, said Capt. Beall,
II was a tact admission thas he was
there in the saloon at San Ygnacio
when Esqueiada was killed.
LAW OF EXTRADITIONs.
Capt. Beall proceeded to point out q
long line of further alleged incon-
sistencies snd contributions in the evil
dence offered by the defenda ant. He
closed by reading the law governing
eXtradition cases and reviewed the tes-
timony taken in the Mexican court at
Juarez and submitted by the prosecu-
tion. This he commended made out q
clear prima facie case and that there
was good reason for believi ing that
Bias was guilty of the murder of Es-
quejada, and that was eli that was re-
quired in the case at bar.
A TECHNICAL DEFENSE.
This morning Judge Wilcox spoke
on behalf of the defendant. He virtual
ly admit, I'D the collapse of all attempts