El Paso herald. (El Paso, Tex.) 1901-1931, 1913-09-18


~ the court Of justice of the peace
AIcClintock Wednesday afternoon and
Z ma king eVasiYe or 4 don't know an
swers caused Helen Godsey to be ar
/ rested on a charge of perjury. The
| prosecuting officers assert that the
| testimony she gave Wednesday was
| dramatically opposite the story she
| told before the grand jury.
The Caples case has been set down
/ for Nov. 10 and if the girl at that time
I sticks to the line of testimony she gave
! Wednesday, the state will have no case
! against Caples. On the other hand, the
/ prosecuting officers declare they have
I sufficient evidence against the girl to
I convict her on the perjury charge I'M
! less she releHts sand testifies against
( Caples as she did before the grand jury
] last week.
/ The Girls Arrest.
Following the giving of her testi-
{ mOny Wednesday afternoon in the pre-
/ liminary hearing of Dave Marshall and
! Harry Davis, charged with being ac-
cessOries after the fact in the capleS'
/ case, she was arrested on complaint
( charging her with perjury. The COM
plant was filed in the court of justice
I of the peace James J Murphy by dis
trict attorney W. w Bridgers and was
signed by Jesse c. Stansel chief Of
the city detectives.
In order to file the complaint We'd
stenOgrapher of the saith district court
who took down the testimony, was
rushed from the justice court room to
his office, where the girls testimony
was transpOsed and part of it incor-
Dorated into the COMPLAINT That part
read: Il know William Caples. I do
not know that he struck me. do not
know that he attempted to criminally
assault me. I do not know that he
struck me on the nose, and in the
mouth The complaint ends with the
charge that the statements We're de
liberately and wilfully false"
Arrested After Hearing.
The Godsey girl was arrested and
lodged in the county jail Wednesday
afternoon about o'clock, some time
after the conclusion of the examining
trial. She left the court room, after
giving her testimony, apparently in a
high humor. On her way to the place
where she is staying, she stopped to
chat with Dave Marshall
At noon Wednesday, the girl was
visitor at the county jail. She went
there to call on county jailer VIII
Ten Eycke and Mrs. c. H. Webster,
matron of the Jail That night she
was a prisoner in it.
Her examining trial on the charge
of perjury will come up before judge
Murphy. 1t is probable that bond 10, Ior
her will be applied for today. This Z
may be done before the preliminary
hearing is arranged for.
GIFTS Statements Change.
Caples was indicted on the state
ments made by the girl to the grand
jury. The intimation is that the state
ments she made at that time and the
testimony she gave during the examtn-
ing trial were wholly at a variance,
which was the reason for the filing
of the perjury complaint.
Ellen GOdsey is the prosecuting VII
ness for the state in the case against J
Caples. On her, the state relied to '
make out its case against the defend
ant. In addition to showing Wednes-
day afternoon that she was unfriendly (
to the state, her testimony was not /
damaging to Caples. To important !
questions involving Caples. asked her I
by county attorney P R. Price, she in I
variabIy, answered: I do not know" I
Whether intentional or not, the girl 4
succeeded in shielding Caples.
Attorneys Disagree.
In the long argument that followed I
the objection to the question of the /
county attorney bringing CapleS into 4
the case. county attorney P. r. Price I
stated that he intended to show by the 1
witness, if possible that the principal I
was guilty of an offence, this being, /!
he said, necessary factor in the case 4
against the defendants, Marshall and /
Davis. The county attorney was not 4
allowed to proceed with the eXamina- /
attorney for the girl, NJ. W. Stanton,
J. F. Weeks, state senator Claude Huds-
peth and LeandOr Dale, attorneys for 4
the defendant and also for Caples,
argued their objections. NJ. W. Station /
for the defence did most of the talking.
District attorney Bridgers held with
county attorney Price that the defence
was attempting to conduct the states
case. He said the objections of the de-
fence in this instance were ridiculous.
The district attorney NAV grow
white IN the face and call things ridi-
culous," said Weeks, but we are talk
ing about a question of law"
County attorney Price made a remark
to Weeks. soto vOce- 4 can take care
of myself" snapped back Weeks.
Il can take care of myself, too" said
the county attorney.
We won't have any of this" said
justice McCIntOck, and the argument !
on the objection proceeded.
Fails to Make n Case.
If the state intended to make out a
case against Caples by the girls testi-
mony, it failed. 1t also failed, accord
ing to justice AIcClintock, to make ont
a case against Marshall and Davis as
accessories after the fact. The testi-
mony introduced at the examining
trial, only. showed, if anything, that
taking the girl to Deming was a case
Of spiriting a witness away. The judge
so intimated. After the preliminary
hearing. the county attorney recon-
mended that the defendants be released
on their personal recognizance but
justice McCIintock made no ruling on
this score, stating that he would wait
until the testimony in the case was
signed by the witnesses.
GOdsey Girl on Stand.
Ellen Godsey, who was in the JUS |
tee court promptly at o'clock, was
1uleter than she was Monday after
noon She rested her cheek on her
hand and kept her gaze on the floor. |
There was a sad look in her blue !
eyes when she looked up. The girl /
took a chair next to the defendant.
Marshall. The draped checked skirt I
and bOlerO, she has been wearing,
was replaced by a tan coIored dress !
with the collar trimmed with blue and 4 !
1 similar cOlored waist band.
State senator Claude Hudspeth was
seated at the table with N. w. Stan
on and J. r Weeks. These attorneys
are representing 'BilP Caples.
The Godsey girl was the first wit
less called Tuesday afternoon. She
estified: Il am Is years old I was
'orn at Springfield, Ala have
ived here a little over a month"
What has been your business?'
sked county attorney Price
Oh.