Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-11-23
MEN WHO ATTACKED
GIRL TEACHER
/ De ENOU need
AS BRUTEs
States Attorney Declares Tar
ring Of Miss Chamberlain
Has Never Been EQualIed in
EnOrmity Of COwardiCe,
REGRETS LAW PROVIDES
NO ADEQUATE PUNISHMENT

iNOo NlNNlll llNllO VI DOl OCll ~
Times But Never PractiCed
on a Woman.
tBy Morning Journal Special Leased wlre.I
Lincoln Center, kas. Nov. ga
With but two more closing arguments
to be delivered II looks tonight as
though the tar party case will be in
the Iury's hands by tomorrow noon.
All the testimony was completed
shortly after the afternoon session of
court started. A recess of two hours
was then taken while the Judge pre-
pared his Instructions. ana Prosecut-
or McCanless completed his address
before adjournment
AT the night session ]. j. McCurdy
and z. c. Milliken spoke for the de-
A. n. Hawkes. representing the de-
fense TO speak tomorrow.
Prosecutor McCanless says he Is
satisfied with the judges instructions.
The Instructions were that the de-
PENDANTS might be found guilty OF
then II they We're not present, and II
could be proven, said the court, that
the attack was direct result OF coun-
sci or advice given by the defend
ants then they should be found guilty.
But the mere fact that the defend
tnl hA la nj
of Miss Chamberlain regarding the
contemplated attack. was not OF it.
self sufficient ground upon which 70
base a conviction. This however
might be taken into consideration in
reaching q verdict, the court instruct
..e,g "a. fsagt tfrat tho .nea were seen
walking toward the "tarring" might
also bo considered.
The court room, which was less
than hah filled this afternoon, was
again crowded when Prosecutor Me-
Canless began to speak.
Many persons brought their din
ners with them and remained In
their seats during the recess preced-
ing the night session.
Miss Chamberlain occupied seat
near the jury box. where she had
full view of all the jurors. Her
mother was with her. The three de-
PENDANTS, A. n. Slmms Sheriff. Clark
and John Schmidt. also switched their
chairs about SO they faced the jury.
Simms wife sat by his side. The
other two men were unaccompanied.
Another auditor of the speakers,
was Ed Ricord, who is confined In the
little one-story jail, under the north
caves OF the courthouse.
when County Attorney Mccanless
began speaking Ricord, who rcams at
random in the interior OF the Jail be-
cause he Is the only occupant, chuck
ed a shovelful OF coal in the stove and
went over to the front door to listen.
As the prosecutors voice became
louder Ricord said
"Ill bet he's giving it to us. I'm
sorry | can't hear those speeches"
Two of the defendants, John
Schmitt and Sheriff. Clark were the
chief witnesses today. Both cor
roborated the statement of Simms
that the three defendants never In
tended to be parties to the "tarring,"
to reach the scene OF the crime. Clark
explained he was at the mill from
which the party started because busl-
ness called him there and Schmitt
said he just dropped down to the mill
to see the boys, as was his nightly
custom, schmitt recalled having
heard Simms warn the "tarrers"
against painting the school teacher.
A dozen other witnesses, among
them Il. G. Clark and Chester Ander-
son. were called In rebuttal evidence.
None of their testimony affected the
case materially.
Addressing the jury Prosecutor Me-
Caness said In part:
II have sent men to the peniten-
tlary for felonies, but | have never
had case that could equal the one
at bar In enormity of cowardice and
II regret indeed that our laws are
SO lame, our legislatures so lax, that
we find It necessary after an offense
OF this nature has been perpetrated
In our midst, that we must be content
to send the offenders TO jail or heap
upon them an insignificant fine. Ger
tainly an offense Of this nature will
never be committed again, and be
subjected To a similar punishment,
and yet our legislature, our people,
our students of political economy.
never dreamed that law
Of this nature would be found neces-
sary to be put into effect.
Tar and feathers A relic of an
cient times. Tarrlng a girl. Think
OF it. One of our own girls; one of
our own citizens; right here In the
center Of civilization. ! have heard
Of such things taking place in bar
barrie times, but ! never believed It.
have heard that they would some
lines take a man and tar him and
hen ride him on rail. But did you
ever hear OF q bunch OF men tarring a