El Paso herald. (El Paso, Tex.) 1901-1931, 1913-11-15
GIRL TELLS ON WITNESS
STAND Of TRIP IN AN AUTO
Jury Is Secured in Case Fri day Night and Bill Capes
Arraigned; He Pleads Not Guilty to Charge;
Testimony Starts on Saturday.

Of her trip down the valley with
'Blr' Caples and of the alleged as
sault with which he is charged. She
was the only witness examined sat
urday morning.
L. s. CHASER, c. 7. Carson, William
Stein, J. F. Klbourn, Sam Celum, L. p
ions. J. A McGonagiH, O. c. Green,
Robert Carr, Karl SchaiTer, D. A. Car
penter and F. B. McElvain compose the
jury before which Capies went to
trial
In the selection OF the Jury the de-
fence used 10 peremptory challenges
Judge Jackson gave the defence an
extra challenge. The state used Il.
Jury Complete Friday Night.
At SIS o'clock Friday night during
the first night session held by judge
Jackson. f B. AIcElvain the 18th juror
IN the case, was accepted by the state
and defence. D. A. Carpenter, the 18th
juror, was taken shortly after the
court went into the night session. At
adjournment Friday afternoon 10
urOrS had been secured " hen McEl-
vain was selected. judge Jackson ad-
ministered the oath to the full jury
following which district attorney W.
W. Bridgers read the indictment
against Caples- The indictment charges
the defendant with two counts growing
cut Of the criminal assault charge.
ATruiEBed in the Charge.
It was $40 o'clock Friday night when
Caples was arralgned on the 1ndlct-
intent During the arraignmeut he stood
erect beside his chair. He was sur
rounded by his attorneys In both
hands Caples held a copy Of The Her
aid of Friday afternoon. The paper
was folded but Caples kept rolling It
tighter and tighter.
TO which the defendant Pleads"
concluded district attorney Bridgers-
Pleads Not Guilty.
Caples's attorneys looked at him.
Not guilty" Caples said in a low,
but distinct voice. Tne Jury was then
retired for the night. in the custody Of
a deputy sheriff Saturday morning
little before o'clock the jury filed
into the court room and took its place
in the jury box Shortly after that the
real trial of the case was commenced.
Ellen GOdsey Goes on stand.
The feature of the Saturday morn
ing's trial was the Introduction Of FL
len GOdsey, the prosecuting witness in
the case She was wearing the same
blue bolero coat and checked skirt
that she is claimed to- have made the
trip from here TO Deming. n. NJ, in. In
place of the poke bonnet, the witness
was wearing a black tango Uurban
with an xray brim. The nat came well
down over her face. Black lace was
around the edges Of it.
The GOdsey girl gave her testimony
in 2 positive manner She made direct
answers TO the questions asked her. In
the examining trial the ma Jority Of the
questions, considered material to the
issues in the case. were answered by
was no hesitancy shown IN her man
ner on the stand in the district court
Once, while she was on the stand, Mrs
Emma Webster county probation Of
ficer, passed through the court room
Mrs. Webster smiled encOuragingly at
the witness. The girl returned q con-
fident smile.
on Stand More Than Two Hours.
Although the GOdsey girl was on
the stand two hours and 20 minutes,
she did not appear to be affected by
the experience She was the first wit
ness placed on the stand Saturday
morning and was not excused until the
court adjourned at noon, to convene at
1880 o'clock, Saturday afternoon, when
the witness took the stand again.
In spite Of the gruelnug cross exam
inatiOn she was subjected to by L A
Dale, one Of the attorneys Of the de-
fence, the girl refused to break down
OF become confused in any way.
Throughout the entire examination she
remained confident, giving every evil
dence that she was sure OF herself
and her replies.
As brought out the defence. among
other things appears to be relying on
proving a bad reputation Of the girl.
She was questioned closely about her
age and the knowledge of il. Also her
stage experience and escapades since
32ldng up that work
Is Not Embarrassed.
The witness appeared to be embar-
Passed by direct questions asked her
=
times she gave an embarrassed laugh,
but quickly. recovered herself. The
defence made every attempt to embar-
rass her, but failed.
firms Of Stanton and Weeks and Huds-
peth. Dale and Mcdonald. Seymour
ThurmOnd is assisting attorney Bird
gers IN the prosecution.
At 9:15 o'clock Judge Jackson IN
structed both the state and defence to
call the witnesses.
HAS either side asked for the ruler"
Judge jackson asked Mr.. Bridgers.
I don't care to invoke the rule" re-
piled Mr.. Bridgers
AN right" said judge Jackson.
Gust a minute" said Mr.. Dale Of the
defence. After a brief consultation
with the other attorneys for Caples
Mr.. Dale announced that the defence
would invoke the rule.
Deputy sheriff J. 3. Fitzpatrick then
read the names Of the witnesses, who
we're then administered the oath.
Ellen GOdsey First Witness. !
Ellen Godsey. the prosecuting wit
ness. was the first witness called
MY name is Ellen Gedsey." she tes-
titled. q am stopping at the Camp
bell apartments on Mesa avenue I
came to FL Paso from Los Angeles with
the Tri-State Amusement company. I
went TO work at the Crawford theater
81 know the defendant. I first met
him in the lobby. I don't remember
the date Harry Davis introduced him
10 me 7 had been in FL PasO about
/
ing at the AngeIus. on September s I
met him IN the Angelus cafe. It was
about 5 o'clock in the evening.
Goes Riding With Caples.
we ate supper together. After that
we went to the show together. Then
we took the machine and went riding
Davis was with US. We got back Just
about the time the show was out. Rose
Bailey, Edith Campbell and Davis were
n the machine with US. We went to
re Florence cafe. Everybody got out
Nth the exception OF me He said
wait till 7 turn the machine around
He had some beer in the machine and
said, Wait until we drank the beer, /
and then we would come back:
Go Down the County Road.
Going down the county road, he was l
Just as nice as anyone could be until
he stopped the machine. He said I
would have to do what he said or walk. !
Says CapIes Clicked Her.
Y ran and he ran after me He hit
me and choked me. I said he just as
well kill me anyway. There was a (
little ditch there. halloWed and
every time I did so he would grab me
IN the face or mouth.
This was near the five mile bridge. I
When he took hold of me I was in I
the middle Of the road.
sCFEe Threw 8Ie Down.
mo. 7 was not standing uS all the /
time He threw me down. I jumped /