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

| those dear to us. Because that poor
cripple, unfortunate. perhaps in mind
as well as body should have said an
unkind word about me, or to me, or
charge me with something unprin-
cipled, should not have contained
my anger, instead of coming back
bringing scandle and libel against
the daughter of one who might be
nv dearest friend
II that article is true. whether 1t
is libelous or not, you must bring in
a verdict for the defendant Do no,
forget that. If that article is true
he must be acquitted What is the
testimony as to the truth or falsity
of that article. Mr.. Raymond was
on the stand in chief and he testi-
fed that it was absolutely false. and
that he did not do these things. IT
the case had been stopped there and
there was no further evidence, there
would certainly be no doubt in your
mind as to the truth or falsity of the
publication. Col. Day comes on the
stand and swears 1t is true
Counsel for defendant said in their
opening statement II was true, that
they would prove 1t was true, and
did they do 1t? | suppose they said
so because the Colonel gave them
that information and they thought
they would be able to prove it Did
they do it? Col. Day comes on this
stand and tells you he opened the
envelope addressed to the editor OF
the Durango Herald and in that ed
velope were two passes for two girls
| nd hat ha ;pix L., o.,
Knows the names and that
he handed the envelope and
said something to him about what
he was going to do and some remark
was made in reply about his going to
have some fun. Those passes were
not for Raymand. There is no i'm
plication he was going with them.
The colonel says he opened
THE LETTER and when we asked
him about 1t In cross-examina-
tion. he tells me that when the rail
road company sends you pass they
simply send it with a little piece of
white paper around 1t and there ia
not word on 1t. 1t is wrapped up
in that way. Let us see? That was
addressed to the Editor of the Du-
range Herald. There was absolutely
no dispute about the fact that during
the month of June Frank p. Warner
was Editor of the Herald Up to the
29th day of June when the consoli-
dation of the Muldoon and Herald
was made, during all that month
Frank p. Warner was the editor of
the Durango Herald.and thereafter
Day and Raymond were the editors.
Do you notice that on that witness
stand Mr.. Day didn't tell you he did
not get those passes. He did not
undertake to tell you who ordered
them, that he had not ordered them
himself. Is Is not fair to suppose
that If those passes came in with the
mail that some request went IN for
them. Col. Day says 1t Is true that
two passes came for two girls to go
. to Rico and return. Does that justi-
fly this article published ON the 3lst
i. of August and marked Exhibit A?
1t Is undisputed evidence here that
George Raymond was not in this
county from the 11th day of May 10
the 18th day of June. He had been
on the coast with his wife and
daughter. He came back here sick
and they all told you he went on the
third OF July up the valley and stay
ed up there. Mr.. Sol Raymond testi-
fies to you that up to and until the
fourth of July. after the consolidation
OF the two papers, there was not a
letter come to the Herald that was
not opened by himself, that the let
ters came to the postoflce box to
which he carried the key; and no
one has undertaken to say Sol Ray
mond could have been mistaken
about this. The fact Sol Raymond
cannot remember what occurred in
'93, "a. or '95 makes no difference
to my mind. Many things occurred in
'92 to fix events in his mind George
and his family went to California
and did not return until the 10Th of
June. George was sick and did not
work at the Office. On the 29th day
of June they signed the article of
consolidation. This was thing he
was liable to remember. Heretofore
the Herald had been owned by
George and Sol Raymond and on the
29th they went into the new com
pany. George Raymond and Dave
Day thereafter were the editors.
Frank Warner had heretofore been
editor of the Herald and he was let
out by the agreement signed on the
29th of June. Isn't that enough to
make man remember dates.
Mrs. Raymond testified about the
dates and she repeats that testl-
mony. They put Col. Day back on
the stand and he goes on to tell you
there was fire sometime in that
Office and that George Raymond was
to work and helped put it out and the
colonel knows when that fire oc
CURED. 1t occurred on the day he
took drink at Frank Chesebro's!
Hereafter let all be ixed form the
date the colonel took his first drink
at Frank Chesebro's. Does the col
onel contradict Soils statement that
he carried the keys and got the mail
I<n bA nIA ant "A