El Paso herald. (El Paso, Tex.) 1901-1931, 1913-11-11
BILL GAPLES FIGHTS AGAINST TRIAL HERE

berson county Is years. Citizens Of
that county, he said. had not seemed to
take any interest in the Caples case
rhe witness said he did not see any
reason why CapleS could not get a falr
trial in CulbersOn county. Caples was
not known there, but he said the de-
PENDANTS father had been
Withdraws Objection.
After the testimony of Mr.. Cox, Mr..
Stanton rose to state that the attor-
neys for the defence desired 10 with
draw the objection in the motion for
a change of venue as to CulberSOn
county. The defence here rested.
state Offers Testimony
J. Porter Bender, the first witness
introduced by the state, testlfled that
during the day he met 500 persons. "A
good many were for him and good
many against him. said the witness.
On denomination the witness
testified that he had heard adverse
criticism against Caples, but he be
Heved Caples would get fair trial
on redirect examination the witness
said that he heard q Few persons say
that Caples was guilty and ought 10
be punished.
member of the grand jury that in
dicted Caples and I don't care TO dis
cuss the case" Mr.. Schwartz was eX-
cused.
Thinks Fair Trial Possible.
y s. Mitchell, said mat he had heard
discussions for" and against Caples,
but he did not see any reason why
Caples could not get fair trial IN
FL PasO.
on cross-examination the witness
said that he had heard unfaVorahIe
comments about Caples.
Ed Bryant deputy United states
marshal said he was well acquainted
with the Jurors of the county; ne had
heard the case discussed, but did not
think the defendant had been pre-
+ StoIaroff testified: 7 have heard
that Caples ought to be prosecuted.
on cross examination the witness ad-
mitted that the general expressions ne
heard about Caples were un1aVoraole'
Tom Powers Testifies-
Tom Powers said he was saloon
man and a farmer. He heard the case
discussed pro and con. I heard the
crack Well, they ought TO souSe Ihdt
fellow Another would say; Mother
Door widow woman Good picking LOT
the lawyers / have heard the case
discussed in every matter shape anu
form. I heard that the Herald man
agement called up Mrs. Caples ana told
her about the extra and asked her II
she was going to do anything about II
Some time after that I asked Uncle
Jimmy smith about this. He said that
The Herald management Woulu hoL 40
such a thing, that they might call MIS-.
Caples up and tell her the paper nau
the story and ask her about II; that
they would not hold it out for any
money
stories Net PredjudieiaI.
Senator Hudspeth wanted to know II
stories about the case printed IN l2-. Inc
Herald were not calculated to preJudlce
persons, but the witness did not thlnh
So He thought that a fair trial could
be had here
Charles Pollock testified that ne ula
moi see anv reason why CapleS could
not get q fair trial.
Horace B. Stevens, in the real estate
business, testified that he had heard
partial remarks about the "CapIes
case He had heard nothing, he said,
that would make him believe Caples
could not get a fair trial here
On cross examination he said he
thought The Herald had good stand
ing, and a large circulation.
Mr.. Stevens said he was a friend Of
the defendants father. He doubted
whether persons would come to him and
make remarks about the case
Mr. Stevens said that he knew ".
H. Austin and that Mr.. Austin was an
agent of the CapIes Estate He thought
that persons would discuss the case
with him as readily as they would with
Mr.. Austin
six Thousand Jurors.
District clerk J A. Escajeda testified
that 1900 jurors mad served in the three
district courts since last year He
jurors in the county Seventy five per-
cent of the qualified voters, he thought,
were qualified jurors.
After the introduction Of this wit
ness the state rested
Heard CapIes Assailed.
Senator Hudspeth announced that in
rebuttaI A. W. Bittick would be placed
on the stand. He testified that from
what he had heard, he did not think
Caples could get a fair trial He had
heard, he had said, that Caples was
ALWAYS in trouble" The witness said
he had heard expressions Of sympathy
for the girl" He stated that ne based
his opinion that Caples could not get
a fair trial on the conversation Of those
he had talked to.
An Actors Idea.
F. c Paxton said he was an actor.
The expressions against Caples, he
said, were rather unfavOrable." He
had heard some favorable comments.
remember one remark the wit
ness said, 'the fellow said they ought
to tie a rope around his neck and tie
him to the nearest tree"
Amongst theatrical folk the wit
ness said, the discussion was very IN
favorable"
You say you are an actor?' asked
Mr.. Bridgers.
yes, sir"
What are you doing now?"
associates With Bankers
Where do you hang out. mOstly?"
AT the SWastika-"
"WhO else hangs out there?"
Bankers, lawyers, others"
What bankers2"
There's Buddie Ward. 0. I don't
know Maybe not bankers, but fellows
who work in the banks"
The witness could not name any law
3 cv he had seen in the club
To Tall