El Paso herald. (El Paso, Tex.) 1901-1931, 1913-11-12

ton singly. After the continuance mo.
tion had been overruled senator Huds-
perh turned to Caples and said; What
says the defence2"
CapIes answered: 1--WE are ready"
Examination of prospective jurymen
then began at 2;30.
say Agreement Was Made.
In the application for a continuance,
the attorneys for the defence set out as
the first ground an alleged agreement
Z for continuance of the case between
I district attorney ". W. Bridgers and NJ.
( W Stanton. The matter of the cOntn-
! Uance, it Is alleged. was first discussed
/ with judge Jackson. It was discussed,
1 II is averred, on the ground that it
I would be advisable on account of the
( health and mental condition Of Mrs
/ Margaret Caples. mother of the defend
/ ant. After receiving the approval of
/ judge Jackson, it is alleged that Mr..
! Stanton discussed the matter with Mr..
! Bridgers. In the application, it is al
] legged that the district attorney agreed
! to the continuance.
The Alleged Agreement.
/ Soon after this alleged agreement,
/ the application sets out that judge
/ jackson went to Van Horn to preside
over the court there. and the attorney
I for the defendant failed to notify him
I OF the agreement for the continuance.
/ At Van Horn, the application ayers,
/ gudge Jackson was apprised of the
agreement by a letter. and that Judge
Jackson wrote a letter to Mrs. Caples, in
[ which he stated that he had been ad-
2
alleged that in an interview with judge
Jackson and the district attorney, the
letter was discussed and confirmed. The
, agreement for continuance seems to
be in dispute. Mr.. Bridgers says: of
there was ever any agreement, it was
only conditional"
The application further alleges that
the defendant is not ready for trial on
account of the absence of Gunther Les
sing, said to be a material witness II
IS alleged that Mr. Leasing was served
says She Was Coached.
It is stated in the application that
Ellen Godsey. the prosecuting witness,
has stated in the presence of others
that Mr. Lessing had coached her, gone
over the testimony with the GOdsey
girl and ha ,dadvised her in regard to
certain facts that should Oe suppressed
and others that should be testified to.
the application alleges that the de-
1endant proposes to show that the
prosecuting witness, on account of con
Trajectory statements, is unworthy of
belief and there is no other witness
that can make the proof of these al
legged facts.
Testimony would be introduced.
said the application, for the pur-
pose of showing the habits of
with other testimony showing such
habits on the date on which it is
charged in the Indictment that the Of
fence was committed by CaDies. The
knows Of no other person or witness
by which he can make such specific
and definite proof as by the absent wit
ness Gunther Leasing"
Wants Mother to Testify.
The defendant. in the aDDlication
further represents that he IS not ready
Tor trial on account of the absence and
illness of his mother. Mrs CABLES. The
testimony Of Mrs Caples is material
Tor the following. the application reads.
That upon hearing that a charge of
some kind had been made by Ellen
GodSey, claiming that the defendant
had committed a criminal assault. the
said Mrs Margaret A Caples investi-
gated and learned from this defendant
and other witnesses in this cause that
mere was no basis in fact for the said
charge and she thereupon sent for the
prosecuting witness on the night of the
10th day Of September and had a con-
Versatlon with the witness in which ,
the witness stated TO Mrs. CABLES that |
the whole transaction was nothing but
drunken row and fight. and that the
defendant BIZ Caples. had not done
anything to her-that is had not COM
united the crime of criminal assault"
Mrs. CapIes III.
It IS further alleged that Mrs.
Caples after making inquiry and hav-
ing been informed that no Indictment
was found, and, believing that none
would be found against her son. ac-
cording to previous arrangements, di- |
recIed her son to 90 to Las Cruces,
hoping that no Indictment would be
round and that no prosecution would /
be instituted.
It is declared that had she known !
lhaI an indictment would have been
found and warrant Issued, she would |
not nave sent her son away On I
learning that an Indictment had been /
procured, it is said that she immedi- /
ately caused the defendant to be d. /
rected to return to Fl Paso.
1t is declared that Mrs CapIes 1
would be material witness to a num-
Der Of other transactions, but on az /
count of her Illness at this time, she 1
IS unable to attend court
Other Grounds for Continuance
other grounds for the continuance, !
contained in the preliminary applica- /
ton filed by the defence some time
ago; are also included in the present /
Application. One is thar Mr.. Stanton
IS engaged as leading counsel in a /
case pending in the court of civil ap-
peals at Amarillo, Texas, which is set l
down for a hearing on Nov. Is. An
oJher ground alleged is that the de-
fendant has not been able to obtain
deposition testimony from Los Angeles
Calf, where the prosecuting witness
formerly resided. showing that her
reputation is bad. If given time the
defendant says that the dispositions Of
credible witnesses. who will testify to !
these facts, can be produced
Fair Trial Possible.
VIII / Watson, county tax collector,
testified Tuesday afternoon that he |
thought Caples could get a fair trial
Notwithstanding the fact that Caples
had been given wide publicity.
Judge Jackson, after instructing the
Jurors and members of the special !
venire not to allow anyone to discuss |
the case with them, excused both until
8 o'clock Wednesday morning.
I think I viii put mayor Kelly on
the stand" said district attorney /
Bridgers. Don't you want to testifyg'
MI Bridgers asked the mayor. Mayor
Kelly shook his head
e4Caples Spending Lot of Money"
Walter Williams a former pztrolman,
was placed on the stand. He thought
that Caples could get a fair trial He
said he did not know anything about
the general opinion in the county Will !
Hams said that he had not heard the
police make any adverse remarks about
Caples- He knew that he had been
arrested Williams admitted that he
had heard remarks to the effect that
Caples was running around, spending a
lot Of money, and not doing anything.
Thinks He Can Get Fair Trial.
John NJ Wyatt vice president of the
First National bank, admitted that he
was member of the grand jury that
Caples- He said that he had
heard the case frequently discussed. Mr..
wa g-fa ~...z hot