The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-08-11

clently to comprehend what he is told to
do In the line Of work. Witness declared
that Lqbor Marcello doesn't speak Eng,
llslI. II am friend In whom they have
confidence" said the witness. II live at
Pickering La. | was present when the
sheriff refused me Ambulance to the jail:
the sheriff who telegraphed sheriff Ander-
SON 10 release Labor. l Will be a wit
ness In the case
Sheriff A. A. Anderson was the next
witness called. lie said: II have been
sheriff for three years. There are sixty or
siXty-hye prisoners in jail. | have been
Investigating the killing Of John Liycri.
The men are charged with killing John
Liveri l told Mr.. Brockman that any
Italian ! knew would not be obiectional
as mn Interpreter ] never take prisoners
out of the jail except during a term OF
court. When man wants to be admitted
to the Jail ! want TO know who he Is as
| am responsible for the safe Keeping Of
the prisoners ! have conyersed with the
defendants In English, both at Leesyille
and At this place"
MIR. Anderson was asked II he cond un.
derstand what the prisoners said to him.
Mr.. Brockman objected to the question,
saving the question was not what the
sheriff could understand, hut what he.
Brockman, could understand,
Mr.. Anderson was asked what his reasons
were for refusing to allow Polcma admit
tance to the jail. Mr. Brockman objected
to the question. Judge Allen ruled TINT
the. question relating to Sherin Ander-
sons conversation with the defendants was
q proper one, and tending to show their
knowledge of English. MIR. Anderson 10.
sumed his testimony. ~ talked 10 Charlie
on several subjects, and he talked better
English than do most OF the Italians He
asked him"
Charlie Marccllo, one Of the defendants.
was put on the stand and told 10 tel tn
court whether or not he gould speak Eng
llsh. This he did not succeed In doing vcrv
lnlrugehtlN, lie was asked II he had IN.
dersIood what Mr.. Anderson had said Ia
ann IN a previous conversation, bur was
unable to either understand or make him
sell understand except through the medium
OF an Interpreter.
Labor harcello. the other defendant ,vas
placed on the stand to air his Knowledge
OF the kings English. lie passed n ,eTv
poor examination and was not able 70 mako
an ineligible answer TO any of the ones.
tons propounded 10 him.
Mr.. Brockman began the argument ne
reading from several authorities eycernt.
on the doctrine of privileged communico-
lions Mr.. Brockman said II might he
good detective work, hut Il was mighty
poor law that would leave the shorid freo
10 name person for the Responsible nost
tion OF Interpreter between counsel ana
hiient. me man who Interpreted between
nun ana hts client must be free OF M,
rant or employment at the hands Of thc
prosecution In the case. The sheriff ~
the prosecution had no right to load fhc
iro1ln horses with spies under tho s,nise
the penal statutes the penalty against m
oniccr for wllfully refusing 10 allow client
ana attorney to communicate, the nenolty
l heing Imprisonment IN the county inii ~,
not less than sixty days and not more man
Sly months and a fine not exceeding SiOno
Mr. BrocEman said he felt sure fbaf NJ
Anderson was not assuming any extrnordt
nary prerogatives In the case. He was
simply mistaken as to his duty and rights
In the premises.
After hearing the arguments Judge Auau
said he did not care to pass on the maihods
or eNpediency resorted TO nv sheriff Andsr
SON and would enter no order IA The ease
hut that clients and their attorney ana nv
fah8oed interpreter might retire 10 c,,r
nor Of the room and consult together NJ
knckman remarked that under the rpiins
81 the court II would be necessary FOR XIX,
70 sue out writ OF habcas corpug eyer1
time he wanted to hold conversation Win
his clients ~" Win
MIR Broekman and his, clients retired ia
small room and closed the door shor
~ Anderson objecteh 10 the door bbIn.
closed and Judge Allen gave instrpetianss
for II 20 he opened, but told Mr.. Brorkma " 1
ne could place a man On guard at tho Ian,
70 see that no one came close enongh ~
bear the conversation. This was dons ~
togney EhrenswoEth taking q positie. I,