The copper era. (Clifton, Graham County, Ariz.) 1899-1911, 1902-05-08
THE CHILDERS CASE.
The Jury Thought Him Guilty but
Acquitted him Because
he Was Rich.

Graham county, i: seems, IS not the
only section Of the wild and fuzzy west
where Justice miscarries and red-hand-
ed criminals are turned loose on long
suffering public. John Childers, Sill
yer City gambler, who was always in
trouble, was indicted in Grant county
/ for the murder OF Thomas S. Heflin,
one OF the most prominent lawyers in
/ New Mexico. At the time OF the
trouble the people OF Silver City were
so incensed against Childers that it
was with the greatest difficulty that a
! hanging without the judicial sanction
of the court, could be prevented. And
there is where the first serious blunder
/ in the case was made. Had the people
carried out their intentions, and hanged
Childers, the country WOULD have been
spared the disgrace of seeing him ac-
quilted without eveh ling put on the
witness stand in his o.. defence.
+ Childers was afraid that he vould
get justice in Grant county, SO /
managed by the liberal use OF his
fathers money TO get a change OF venue
to Dona Ana county, where jury COM
posed OF ten MeXicans and two Ameri-
cans was finally empanneled to try the
case. Witnesses who had never been
heard Of by the attorneys for the terri
tory, suddenly bobbed up in droyes, and
had the jury believed their testimony
one could not have blamed them so
much for their verdict, but the jury, it
seems, was not affected by the testi-
mony. Tho Independent in COM
menting on the case says:
"At least two members OF the jury
said after the verdict that they lad
been told Hehin was u. bad man, Il
said to have declared that they be-
lieved the defendant guilty, but that
ono of the jurors told the others that
Judge Parker, Major Llewellyn and
Fall wanted him to be acquitted and
that they only tried him because the
case had been sent Eere from Grant
county and had to be tried. The state
mont which is repeated on what APP
pears to be the best authority is in
effect. we did not discuss the evil
dence. We thought he was guilty,
but we were told that he was a very
rich man and was goiug to live here,
and that all the ladies in the court
room were friends of his wife and had
come to see him acquitted, and that
the judge and the lawyers wanted us
to acquit him. We are very sorry we
were mistaken There is an accum-
mutation of evidence which leads al
most 10 the possible conviction that
for a long time rumors have cir
culated hero detrimental to the repu-
tation of Mr.. Helm, by people brought
from Silver City for the purpose. This
is said to be the first trial on record in
this part OF the country, in which the
defendant pleaded SELF and did
not take the stand in his own behalf
This jury was composed principally
of ignorant Mexicans, who, after all,
are not so much to blame as jury of
Americans who would acquit a man
whose own evidence showed him to be
guilty. In the Childers case there
were some mitigating circumstances.
Both men were armed, and while it ap-
peared that Heflin was very drunk and
Childers sober, the evidence proved
that Helm offered to step outside and
pull triggers" with Childers. The evil
dence further shows that while Child
ers fired the first SHOT, Hcflin did pull
his gun and empty it without results.
All this was OF course in Childers favor,
still the jury brushed the evidence
aside, and acquitted him because "un-
due influence had been brought TO
bear on them. 1t shows that the ex-
penditure of $4,000 will corrupt and de-
moralize almost an entire community,
but it is not the intent of the ERA to
criticise Dona Ana county's jury for its
verdict in this matter, though the
Lord knows it deserves it. The ERA
refrains from criticising the jury out
OF sympathy for the feelings OF the
many good people who reside in that
county. 1--WE have troubles Of our
own even in Graham county. 1t
would be like the pot calling the kettle
black for newspaper in Graham
county to criticise any verdict eminat-
ing from even Mexican jury in Dona
Ana county. Graham county is not
above reproach, aye, even suspicion,
in such matters. There is room for
much missionary work in this line at
home.
Henin was the attorney OF ChilderS,
and through his ability as a lawyer
had several times kept him out Of the
penitentiary. Childers was always in
trouble OF a serious nature, and had al
most constant need Of a lawyer, but |
was not particular as to settlements. |
Perhaps he expected his lawyer to |
trade it out" at his crap game. |
Heain, like most lawyers, had oc-
casional need for money, and it was due
to his efforts to collect from Childers !
that the difficulty came up which re-
suited in his death.
This case sets an example for lawyers. |
In the first place they should collect |
their fees for defending such hard |
cases in advance, but if they fail 10 do !
so, when the fee is to be settled by six
shooters, it would be well for them to |
have their battery in good working |
order, and If possible get shade the |
best OF the argument. \ lawyer, who |
Is sworn to support and defend the |
laws. should always have a couple OF |
pistols on his person, and be ready at |