Durango semi-weekly herald., 1901-12-19


ed every letter that came to The
Herald.
In rebuttal Geo. N. Raymond testi
fed that he had been in California
from early in May till the latter part
of June and came home sick and was
not about the consolidated office dur
ing the first days of July. FranA p.
Warner being editor in June.
Mrs. G. N. Raymond was put on
stand simply to corroborate the above
that Mr.. Raymond and herself had
been absent as stated, and she
had diary kept during that year
and since. showing the time absent
and that upon returning home Mr..
Raymond was sick, the diary show
ing days he was sick at home and
leaving for the Animas valley, that
Mr.. Raymond was in miserable
health. This the counsel for defense
admitted without showing the dates
or the book.
Mr.. Day upon being recalled said
Geo. N. Raymond was well on the
day of certain fire at the Muldoon
office because he remembered the
fact from having taken his first
drink at Chesebro's. He did not deny
the statement of 8. W. Raymond in
any particular.
On the above statement of facts
Mr.. B. w. Ritter opened his argument
as follows: (In this connection we
desire to state that owing to rapid
delivery at times all his remarks and
occasional sentences we're left out
which would make his remarks lit
tie smoother.
Gentlemen of the Jury: AS | said
in my opening statement, l appear
before you in a position to me un-
usual. / have before appealed to jur-
ors of this county when represented
an individual client, who paid me n
fee for my services, and whose inter
est alone / was endeavoring to con-
duct the defense or prosecution. But
have not heretofore appeared before
you in the capacity of prosecuting at
torney. For the purpose of this case
represent the district attorney, rep
resenting in fact the people. l am
not here representing Mr.. Raymond
any more than / am representing you
gentlemen of the jury, as individuals,
and | am not here with this prosecu-
or to vindicate him.
AS l understand the purposes of
the criminal prosecution, we may say
the object to be accomplished, is the
punishment of crime. The state
does not. as l understand it, in any
criminal prosecution undertake to
prosecute simply to vindicate the one
who suffered under the act of the de-
fendant, but it does prosecute in or
der to infiict punishment. that
crime may be discouraged and, so far
as it is possible, prevented AS
take it. the main object to be accom-
plished here by the prosecution is to
show the public that such things
shall not occur-to discourage the
scattering broadcast of such things,
look upon the duties of the dis
trict attorney a little differently from
some people, and l may or may not
be right, but l have always entertain
ed a very high ideal of that Office
That person who undertakes to pro-
tect the interests of the people, and
whose duty it is to prosecute in the
name of the people, it seems to me
should be as nearly impartial in the
matters before him as he can be.
want to say to you that do not want
to take any position in this case ex-
cept that which will be as fair to the
defendant as to the people, and also
| want to say that | shall not let any
fear or favor of any man or individ-
ual, or any paper. or whatever it may
be, influence me in what l believe to
be my duty. l will do my best to pro-
tect the rights of the people, as well
as the rights of the defendant here
and come here with perfect fearless
ness.
The court has told you in these in
structions, perhaps in so much better
language than l could put it, that
am going to ask your Indulgence in
quoting from them. The burden is
on the state and remains on the state
all the way through, and the pre-
sumption is that the defendant is not
guilty. He comes in here with the
presumption that he didn't publish
the article and we must overcome
that presumption SO that the evidence
taken as a whole, containing the evil
dence of the defendant as well as the
evidence of the state, will Danish the
presumption of his innocence before
he can be convicted.
Now let us see what we have to
prove. | will not read the charge of
the Information, but in the instruc-
tions it is said that 1t involves upon
the prosecution to prove every materi-
al allegation, beyond all reasonable
doubt and unless it has been done,
and unless you do believe from all
the evidence in the case it has been
done. you should acquit the defend
ant. However, IL you believe from
all the evidence, beyond all reason
able doubt. that within the county
of La Plata and State of Colorado.
on or about the time alleged in the
the defendant David-F.
Day. unlawfully. felonlously and