Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-12-01
BRIGHTON LIBEL
CASES ARE ON
TRIAL
Arizona Socialist Editor is
Fighting Hard; Claims
Grand Jury Which Indicted
Him Is Prejudiced.

JuuRc Kent
The motions are based on the nj.
legged prejudice OF ThoR. W. Tough.
W. Il. Moore. =. II. Dfachman, G. r..
Rule. Harry A. Drachmnn and other
grand Jurors. They are also based
on the fact that nllghton was called
10 Testify against himself before the
grand Jury and his name not endorsed
on the indictments.
The matters were stu being heard
lat 2.a0 ~ the conclusion OF the tcs'
|timOny OF Mr.. Tough Judgc Kent
indicated that according 10 the testi-
muny as given ho would have 10 set
aside the indictment aEninRl Bllghlon
IN the Newsom and Williams cnscs,
the defendant having appeared as
witness before the grand jury during
the examination against NcwEoml and
Williams and the indictments being
based on articles appearing Ia a
paper which Bllghton then produced,
unloas he waived his rtkhts when ,es-
tify Ing before the grand jury.
District Attorney Dick Tor the Ter.
rltory. argued that u fhin were the
law whom charges and counter
charges were brought justice would
never be done on either side.
Thomas W Tough was called by
the defendant Ia support of his mo
lions. lie testified tnnf he was a
member uf both the federal and tor
ritofiai grand iuries a. this term OF
court. lie wna asked about con.
versatlon he had with L. J. Baud.
reanx between the time the federal
grand lury convened. lie said thar
he had such conversation but "niy
attempted 10 Justify the acts OF the
United states grand jury ana denied
that AZ the time he was called on ths
territorial grand jury ne WIS pre)n.
diced against BliEhion- lie stated
that he told Bonrneanx tnat ne his-
approved OF the Heney tetter relative
"a the grand jury and knew that
Eeney had lied. He snid that Mere
be q defendant he would be WILLING
10 have a Jury made up OF men OF nus
frame Of mind hear the case ass'ns,
him. Mr. Tough was on the slanu TOT
1.-TWO hours relating In detail the pro-
ceedinHs before grand jury IN tne
NewAum and Nhn1ms cases IN whieh
the changes were, Ignored ana IN Tue
Biighton casrs IN which ihaictmenis
we're returned lie said biienton was
49, '.. =
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we grand lnss sag nc walssn ~
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make y9on MS cnarsss asalnsa s'~
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grand Jury hocoeainb 20 ipusn.
AT. LoMsh teseInea 'nas s"e sg.s.a
REPORTS OF me k,ahu July o's a'a..
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and MS paper suppressed; ne sale
that when bhEnton wac called 70 u.s
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