El Paso herald. (El Paso, Tex.) 1901-1931, 1911-07-29

not want TO do my duty in this matter.
you are not telling the truth. When
you or any other man says that L am
not doing my duty you are not telling
the truth
Then justice McClintock called a
halt
The action OF Mr. Brown, to which
county attorney Bridgers referred.
was the filing of a complaint against
Eugene Hennessey, on the charge Of
violation of the election laws. The
original intention of the prosecution
was TO hold an Investigation in regard
TO the issuance of the alleged poll tax
receipts, for which no tax had ever
been paid, by the parties to whom they
had been issued, but just before the
time set for the hearing to take place.
Brown filed a complaint for J. L
Campbell against Hennessey, charging
him with violating the election laws.
Hennessey was formally arrested and
put on the stand. but refused to an
swer any Of the questions asked.
MeCIintock Calls stenographer.
In opening the case Mr.. Brown in
formed the court that he would ask
that the witness be required to testify
in the case, and quoted from several
statutes in behalf Of his request At
this juncture, Bridgers stated to the
court that the law provided that the
justice Of the peace should take down
all testimony.
Justice McClintoek retorted by say
ing: Where is the stenographer? I
am going to quit representing the
county attorney" and te1ephoned for a
stenographer.
After ascertaining the name and adj
dress Of Hennessey. attorney Brown
then asked the defendant if he knew
II. J. Hyck. to which Hennessey, on adj
vice Of his counsel, refused to answer.
Brown asked several other questions
regarding Hyek and ]. A Short, the
defendant saying in each instance, II
refuse to answer"
Bridgers Shows Spirit.
Brown then appealed to the court
again 10 make the witness answer the
questions, but the court held that the
lions that would likely incriminate
himself Brown then asked that the
case against Hennessey be dismissed.
but county attorney Bridgers objected.
saying, You filed that complaint with
out asking me and 1 do not want the
case dismissed"
W. H. Burgess, representing the de-
PENDANT. then took the floor and showed !
reasons whereby Hennessey could not |
be made to TESTIFY, as long as ne was |
a defendant in the case
After quoting from several statutes |
or the matter, Burgess said: 1.-THE fact |
Of asking man to testify in his own /
case where he is the defendant, wheth |
er for or against himself, where the |
testimony may incriminate him on any
charge has never been heard of in this /
state before. You might as well try |
man for murder or burglary and in I
sist that he testify against himself"
Hennessey is Silent.
Brown once more returned to his
line of questioning, to which Hennes-
sew refused to answer. Again Brown
asked the court to dismiss the case, and
II was at that point that for the Sec
ond time Bridgers refused to allow the
case TO be dismissed and the words be-
tween the attorneys were passed.
After having been instructed by JUS
ice McClintock to stop the argument, !
Bridgers asked that the case be passed
over until Monday, as he wanted to
look into the matter and ascertain
whether he wanted the case dismissed
DIT not
Justice McClintock set the bond of
Iennessey at 5000.
Bridgers VIII Prosecute.
County attorney w. w. Bridgers said
Saturday morning in regard to the ac-
ion he intended taking in the ex-
animation of Hennessy, Monday. "a
rave decided to hold an examination
rial and will have the case passed to
he grand jury. After looking into the
natter have decided not to have the