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

nose OF. trial. Mr. Johnson knows
cannot Introduce IN chief witness
whose name .s not endorsed on the
Inform alton, and that ! can only use
sue. witnesses for the purposes oi
rebuttaL
What did Mr.. Coston know
What was the State lead to believe
that MIR. Coston knew about this
What information bad he that ought
To have gone before this jury, that
would have affected you In this case
They say II is contained In the word
ing of that article. I have introduced
in evidence only one other article and
that is the article headed Just Per
sonal" which | read to the jury.
The State had notice and had notice
only that this defendant believed
that John y Coston could give tho
names Of the pcrHona mentioned in
that article Unless II was necessary
for the protection Of Dave Day J
would not call Mr. Ccston TO give
those names Why should " Was
II net esaary for the protection of
David y. Day that John =. Coston be
called hero 10 give those names
Dave D,Ss 1cid me on the witness
stand be sOuld give those names
himself Wha, bench, would :, give
him VI CoHiou was called to give
them? DO You want 10 dnd the yer.
diet in this case fOf the defendant
because refused to drag into tho
case the names OF those girls and be.
cause did not subpoena John T..
Coston to come here and give those
names The article says we be-
lieye John T. Coston can give the
names OF the Innocent girls the dirty
wretch sought TO dobanch." II does
not say John =. Coaton knew any
thing about the case ! would not con
ccal any thing from tn" jury which
thought wsh pertinent either for the
protection of the defendant or fof
tho interests OF the state I did not
and do not deem IL necessary or that
II can In any way protect this defend,
ant TO have those names given oh
the stand
want to state that when. ON the
second day OF December. this cas-
was set for trial, the defendant had
notice of II the samo as tho state
had John y. Coston was here on
the street last week He made n nnlc
ON the atope OF the court house last
week Don't you think II they had
had any ldea that John =. CoHion
knew anything they would have
brought him here. They would not
take any chances and let witness
get away. The whole thing 10 my
mind In stage play brought Ia 10
pretend they wanted a witness they
did not want or they would have had
him here. In my opinion the defend
ant did not want him ON the stand
aud think ! am justified In saying
that here.
have no criticism 60 make of the
regular district attorney, or his nc.
tion in this case, | don't know any
thing about it know the district
attorney for reasons OF his own want
cd TO be relieved from the conduct
Of this case. don't blame him.
was not on, hunting the Job ! prom
Use you. | do not blame him for do
ing that and n he could got relieved
by the court and have some body
else appointed II was all right.
There are n good many who do not
like to prosecute newspaper man
but when the court appointed mo to
the prosecution last Monday In thls
court room, what WAS to dof The
court calls on me and wants To know
IA there Is any reason why | could
not take the case and answered mo
Hir. except tha, do not want II and
| presume that IL not sufficient eN
cse. your Honor" Gentlemen, | VIII
ray to you that am not AFRAID OF
Dave Days newspaper wont say
any one olso IL. but | viii say ! am
not. won't be hampercd In this
ease by any ioar of what he might
say about me In his paper | do not
know why the district attorney did
not prosecute. That is not my huSi-
mesa
The dofona. In this case has been
represented by two OF the best mea
IN their line In the state, Men who
are orators. something do not claim
To be and who can present the case
to you as well MS any person living
Mr Spickard Says Where are the
people Interested" What interoat
had the people In this cGse7" I am
a tax payer. not u large one. but IN
my limited way ! help 20 support all
the expenses of this county and each
one of YOU do the same, aud ! VIII
say that the result OF this prusc'
ton win be that the papers hereafter
will be less ready to take up aud
libel any individual ana have less oi
the matter which appears In the
newspapers all over the country In
that way the expense oi the county
will have been well expended and
each small part that falls upon you
one and an, ain have been well eN
pended II you say tho article was
not libeluus you throw Wide open ths
door and one can say what he please
Of whom he please, On the o,he'
hand If you say IL was lbelous yo'
are safe guarding the interest of th'
community. The community want
to check the license Of the nows