El Paso herald. (El Paso, Tex.) 1901-1931, 1913-11-10
.CAPLEs ASKS FOR
CHANGE OF VENUE
Publicity Due to Herald s
Large Circulation Is
Given as Argument.

Alleging that a prejudice exists
against him here and that he cannot
get a fair trial, William Caples, better
known as "BilT' CapIes, when ar
| raigned for trial in the S4th district
court Monday morning on a charge Of
! criminal assault, asked for a change Of
| venue In support of his motion, Caples
| declares that The FL Paso Herald has a
! large circulation and on account OF the
| publicity given the case IN that paper
/ it would be difficult to secure jury.
/ He also alleges that the articles rela-
/ tive to the Caples case were "fnflama-
/ tory and sensational and that the in
1 were untrue" The affiants who signed
/ the petition for q change Of venue were
/ w. II. Austin, ". R Piper, Max Mayer,
| w W. Barbee, D. D. Marshall and d. F.
/ White.
OverruIes Contention.
! Judge Jackson, of the saith district
court, Overruled the motion for a
! change of venue, asked for on the
i first showing, but allowed the defence
! to introduce testimony IN support OF
4 the allegations in the motion.
W. H Austin was one OF the first
| witnesses introduced in support of the
other things, that he did not believe
| Caples could get a fair tria! here.
Copies of Articles Attached.
Attached to the petition were copies
OF every SLOIg printed III Inc L1ELd4u
in any way dealing with 'the Caples
case" They had been clipped from
I The Herald issues The Demlng, n. n,
story of September u, which told of
the arrest of Ellen Godsey, the girl
in the case" at that place, and the de-
tention of Caples at SocorrO, n. N, were
included among the stories on which
the attorneys for the defence are seek
/ ing to have the case taken to some
other place
The account Of the examining trial
OF Dave Marshall and Harry Davis,
charged with being accessories after
the fact, and as a result Of which the
Godsey girl was held to the grand jury
by judge E B. McClintock on a charge
Of perjury, was also pinned to the pc
tition- The girl was indicted on the
charge, but on proof of her age, the
charge against her was dismissed by
judge Dan NJ. Jackson, of the saith dis
trict court, and she was charged on
the juvenile docket Of the district court
with being "a delinquent child"
Object to CulbersOn County.
For the reason stated, that The Her
aid has wide circulation in Culberson
county" the attorneys for Caples are
objecting to having the case trans
ferred there
District Attorney Makes Reply.
In his answer cOntesting the motion.
district attorney Bridgers states, among
other things, that both Mr.. Piper and
Mr. Austin are agents and employees of
Mrs Margaret Caples, the mother Of
the uELEnQduLs anu LudL L0ey were IN
strumental in making bond for Caples.
W W Barbee the district attorney sets
out, was cashier Of the Commercial Ma
tional bank, of which institution, state
senator Claude Hudspeth, one of
Caples's attorneys is president The
district attorney also declares that he
is informed that Mr.. Barbee is closely
associated in a business way with Mrs
Caples, and with the Caples estate.
Max Mayer and Mr.. White, the district
attorney says, are business men and
are closely confined to their offices and
have not had the time to familiarize
themselves with the allegations in the
petition for the change Of venue. Mar
shall, the other affiant, the district at
torney alleges, is an emplOye OF Mrs.
Cap1es- District attorney Brdgers con-
cludes his answer by saying that the
affiants are acquainted with but few
of the qualified jurors of the county.
He says that there are some 5000
jurors in the county.
Stanton Asks More Time.
n W. Stanton, after the reading Of
the petition for the change of venue
and the district attorneys answer 70
II, asked for an adjournment to allow
him time to prepare further issues in !
the case, among which it was init /
mated that motion would be made to /
quash the special venire summoned for !
the trial Of the case. 1t was agreed /
between district attorney Bridgers and |
the attorneys for the defence that I
sheriff Peyton ]. Edwards be instructed |
u proceed 20 iii out the panel OF the |
special venire. but in this it was to be I
understood that the defence did not |
waive any rights in the matter.
Further hearing on the case was post !
poned until 2 o'clock Monday afternoon |
Caples Is Present.
Promptly at o'clock Monday morn 4
ing judge Jackson convened court /
Deputy district clerk G. n. Phillips was /
instructed to read the names Of the |
jurors for the week of the court. The 1
f1rst name on the list was that of Will /
liam Caples William Caples," called /
out Mr.. Phillips
Here" answered Caples He was /
seated on the inside of the railing
After the reading of the names, Judge |
Jackson said: The first case on the /
docket is the state of Texas versus viii /
liam Caples, What says the sta te2"
The state is ready" replied district /
attorney W. ". Bridgers
What says the defendant" asked /
judge Jackson, turning to state sena-
tor Claude Hudspeth and l. A. Dale, /
two Of the attorneys representing Ca
pies. J. T. Weeks had not come In i
yet NJ ". Stanton, the other attor- /
ney for the defence, was in the dis 1
trict clerks office. When he returned I
to the court room, Mr.. Dale said TO I
him; What says the defence%D For
reply Mr.. Stanton delivered a handful /
of motions to district attorney Bridg-
Il will have to be given a little time /
in which to go over these" said the /
district attorney to judge Jackson. The /
jurors were then excused.
RTTCurE AN, sr.tr cnnCe