El Paso herald. (El Paso, Tex.) 1901-1931, 1913-11-11


the way he has been doing" replied
the witness.
"Against Capies.v
W. R Piper said he knew Of the
prejudice referred to in the motion Tor
a change of venue. He stated that he
had heard persons say: "Caples is go
ing pretty wild"
The witness said that on the spur of
the moment he did not believe he could
name any individual he had discussed
the case with. He said that he had
heard CapIes's marriage of last spring
discussed He expressed the opinion
that this had given Caples considerable
nOtOriety The witness estimated that
he met zoo or 900 persons in the office
during the month. With a small per-
centage 90 this number ne said he had
discussed the case. Almost all of them,
ne said, spoke unfavOrably of Caples-
The witness admitted that his firm
collected considerable rents for Mrs.
Caples.
He knew of two cases where Caples
had been arrested for speeding He
thought that this, taken in cOnnec-
ton with Caples's marriage and di-
vOrce, would cause persons TO talk, and
have it in for -CaDles."
In answer to a question of Judge
stayed at the Caples home for two
months
Heard Case Discussed.
D. F. White said that he lived in
Highland Park. He said he had heard
the case discussed. At the time the
case arose, he said. nothing else was
talked about. The discussions he said.
were all unfavora bic. He stated that
he had heard the case discussed in
Highland Park, and on the street cars.
I have heard them say that he had
gone far enough and ought to be pun
ished," said the witness
Ought to be made an example of"
suggested state senator Hudspeth.
Aae araTT
In Favor Of Prosecuting.
Dave Marshall testified that he had
known "BilI' Caples four years.
All people I ever talked to seemed
TO think that BIZ ought to be prose-
cuted, Marshall said He judged that
The Herald had a large circulation.
They got out an extra IN Salt Lake
City on the -GOdsey case" said
the witness The witness said that he
had not heard any favorable discussion
about the case. 7 was in Juarez about
two weeks ago" said the witness, and
/ heard the case discussed in the keno
hall"
On cross examination Marshall ad-
mitted that he was an intimate friend
of Caples. He said that he had been
IN the employ of the Caples family for
three years.
Helped Get Girl Away.
He had gone with Ellen GOdsey to j
Deming, the witness said. Marshall
said that he had talked to Ike AIderete
about the case but had never heard |
Alderete express any opinion. Two
days ago, he stated. he heard AIderete /
say that he thought Capies was going
to have "a pretty hard time"
state whether OF not II 1t isn't a fact |
that the interest Of a very few is to !
help Caples?" NJ. ". Stanton asked /
Marshall
Very few" Marshall answered.
Ex-POIieeman Testifies.
Eugene HenneSey, expatroIman, tes-
@ he h1 n
were unfavorable to CapIes. Hennesey !
said that he favored Caples personally. |
On cross examination the witness /
stated that ne had heard these discus
sions in saloons and on the street. He !
thought he had heard 200 or 500 per
sons discuss the case
I know that all the police force are /
against the boy" HenneSev said "be-
cause I went down there after he was
arrested for speeding, TO get him out |
They took him out but after a few
remarks remarks rearrested him and locked
Can Get Jury.
Chief deputy sheriff Stanley Good. 1
senior, thought there were between 5000 |
and 5000 qualified jurors in the county |
He did not think the Caples case had /
been as widely discussed as the Leach /
case.
L A. Dale, attorney for the defence,
objected to the comparison. His OBJ |
lection was overrUled.
The witness said that he believed a 4
fair and impartial trial could be had.
NJ W. stanton wanted the deputy to /
agree to secure one juror who had /
never heard Of the Caples case. Mr..
Good maintained that fair and honest |
men could be secured to try the case. /
That he could get men who could I
qualify.
Stanton contended that no man with /
any intelligence could be secured who |
mad not heard OF and discussed the 1
case.
.'Penitentiary on General Principles. /
Ike Alderete said that he was district /
clerk for IA years. He had known
CapIes Tor many years. Discussions he 1
had heard of the case, the witness said.
We're hostile. They said he ought to
be sent to the penitentiary on general
principles" Alderete said. Some said
that a few years in the penitentiary
would do him good. Some said he
ought to be hanged. 7 do not believe
ne could get fair trial here"
On cross examination Alderete said
mat the general opinion was prejUdic-
ial to Caples.
Well, jury didn't convict you, did
II IkeF asked Mr.. Bridgers.
NO, but an FL PasO jury did not try |
me- Alderete answered.
You have natural prejudice
against these cases. haven't you, Ikeg'
Mr. Brldgers asked Alderete.
YES" the witness said. He smiled. |
Ike Is CapIes's Friend.
The witness thought that he and
pave Marshall were the only friends OF
Sheriff Peyton J. Edwards said that
ne mad heard some discussion of the |
Caples case but he thought the defend
ant could get a fair and impartial trial. |
He was confident that jurors could be
secured who had never heard of the
case.
Recess was then taken until 9 o'clock
Tuesday morning.