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

eoiu yous ne COulu COutTOL any article
that went into the paper. and MS 1t
appears from the testimony OF Mr..
Day. himself. he wrote that article
and the article appearing ON the fol-
lowing day. The publication of that
article has been proven in manner
and form as charged in the indict-
ment. The Colonel says: II wrote
that article" why did he say he
wrote that article? Wasn't there al
ready sufficient evidence before this
jury to show beyond reasonable
doubt that he wrote it, and If he did
not write it that he was responsible
for the publication of 1t? Did You
see Mr.. Higgins display any enthusi-
asm when called on the witness stand
and we asked him for information
that we wanted. There was no pur-
pose to be subserved by defendant
denying he wrote it. You would not
have believed him If he had done so.
The publication of that article was
proven and you have no doubt about
it.
The court has charged you how
matters are to be construed. You
have the right to judge the law and
the facts and we have right to pre-
sent to you the facts and say ii 1t is
not true 1t is not fair to select
word only, but you must take the
whole thing as it stands. The only
sense to be given the article is the
sense taken from the whole. Ray
mond secured passes for two young
girls to Rico picnic. He was not
allowed to work the debauch. This
occurred in '92 and we believe John
p. Coston can give the names of the
innocent girls the dirty wretch sought
to debauch. Neither was over six
teen" 1t was and has been said. and
referred to in the statement made by
the defense, that this was perfectly
innocent publication. They say de-
bauch does not mean to seduce and
| undertake to give you specific
meaning but they do not give you
the definition of the word debauch
| where the term is used in connection
| with a woman or girl. II you take
the authorities, II you take into con
| sideration the authorities and the In
formation that Colonel Day had Of
| the use of language, you must see
he knew and understood it to mean
the seduction and defilement of those
girls and that is how we intend to
| judge that article.
1 say further that when a man has
written an article he will not be
heard to say in defense True, that is
the article. and it menas SO and so;
did not intend it to mean that"
That will not be heard in law nor &C
cepted in the minds of the jury. And
under the original meaning, the
meaning that was conveyed to the
mind of the ordinary reader when he
wrote that, he is bound by it and
| held to it, and it does not Increase
my respect for Col Day, gentlemen
of the jury. that he should maintain
| tended than that those girls should
ride on the train to Rico where some
beer might be drunk. Is that what
it means to your mind? Suppose
this paper came out and said that
one of you gentlemen went to Denver
with the intention to debauch young
| girl, and you came to him in right
eous wrath and he says 1t is true,
that on the train in the smoking car
sat drummer with bottle of beer
and you debauch that woman when
you take her on that train. Does
that go? l say that we must prove
that Genorge N. Raymond was the
person meant by that, that the inten-
ton of that article was to injure
| George N. Raymond. We have a
| right to comment before this jury.
Two innocent girls were brought into
| that .pnd it does not help the matter
| to my mind that they are not named.
The very fact that they are not
| named brings the breath of suspic-
ion upon many and sets every tongue
to wagging about them. Gentlemen,
| ask you If that charge was not
libelous and does it not charge That
he intended and sought to seduce
| those two girls?
Let us go little further. Ray
mond secured passes for two young
girls to Rico picnic and he was not
allowed to work the debauch" Does
not that convey the impression to
your mind and my mind that those
passes were secured under some sort
of an arrangement and that but for
the interference of some one the de-
bauch would have been accomplish
ed? He said John p. Coston could
give the names and there is the d.
rect imputatlon of the attempt to do
it. Why does he say neither was
over sixteen? Gentlemen, 1t was a
plain reference to the age of con-
sent law so that it might not only be
debauchery but 1t might be rape un-
der the statue. That article not libel
GUS? Gentlemen, how would you
like to have that published of some
one dear to you? Would 1t not tend
to provoke wrath and have tend
ency to bring up a breach of the
peace? | confess that If that article
contained reference to any one dear
to me, there would be a tendency to
the breach of the peace. One of the
reasons why the law says the crimin-
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