El Paso herald. (El Paso, Tex.) 1901-1931, 1913-11-20

GONE time Friday the fate of Will
~ lam Caples charged with criminal
assault viii be IN the hands OF
the jury.
At 1:4O o'clock Thursday afternon
Judge Dan NJ. Jackson, of the 34th dis
triet court, delivered the charge IN the
case to the Jury.
Judge Jackson's charge to the jury
included q paragraphs. The Jury was
charged on criminal assault, an attempt
with intent to commit criminal assault
and aggravated assault. The charge IN
cluded the death penalty.
Seymour ThurmOnd, assisting the
prosecution, at 1=30 began the opening
argument in the case on the part of the
state. He viii be followed by J. f.
Weeks, who viii open for the defence
State senator Claude Hudspeth viii fol-
low Mr.. Weeks. /. A Dale, also one
of the attorneys for the defence, viii
then address the Jury. The closing argu-
ment for the defence VIII be made by
NJ. ". Stanton. District attorney ".
W. Bridgers viii close for the state.
The defence was given SIX hours IN
which to make the argument The state
viii be allowed the same time. 1t Is
not believed that the u hours allotted
viii be consumed
Thursday morning was taken up by
the arguments on the exceptions to the
charge.
Mr.. Thurmond was compelled to 90
to Las Cruces, n. NJ, on legal business,
but returned Thursday morning. He
was not IN the trial of the case We'd
nesdaY.
It was exactly 1855 o'clock Wednesday
afternoon when both the state and de-
fence announced the case closed The
1vr-fror 4ho trial
were then excused.
The perjury Indictment against Ellen
GOdsey, the prosecuting witness IN the
case, was then offered in evidence. The
fact that it had been dismissed by the
district attorney was also included N
the record.
The motion of the defence then to
strike out all testimony given relative
to the girls trip to Deming, n. NJ. was
oYerruled. The dispositions of W. E
and Halle Godsey, parents Of Ellen
Godsey, reciting that the girl was IL
years old, were stricken out. Judge
Jackson instructed the jury to disregard
the testimony. The testimony Of Min
ME Marsh. a witness for the defence, on
motion of the district attorney, vas
also stricken out on the GROUND thas
it was immateriaL. The woman testl-
fled that she was running a IoOming
house on West Overland street and at
one time she had seen Ellen Godsey there
talking to a man In the parlor.
District attorney Bridgers Withdrew
his objections to a picture of the girl
that the defence earlier IN the trial tried
to introduce IN evidence The picture
was then shown to the jury.
Dave Marshall and Harry Davis were
recalled BY the defence Wednesday aft
ernOOn to testify to a statement claimed
was made BY Ellen Godsey at the Cen
fury club on Broadway. Prior attempts
had been made to get the statement IN,
but the district attorneys objections to
1t were sustained. Wednesday afternoon
the district attorney withdrew his OBJ
jections and the testimony was given.
While both Davis and Marshall testified
that the statement was made, Rose
Bailey and Mildred Meredith denied it.
". R Piper was called by the de-
fence to testify about cookie burrz He
SAID they grew In bitches along the
county roOd-
Eugene Stem, q witness called by the
state Wednesday afternoon, testified
that he saw the Godsey girl lying on
bed and blood was being washed off
her face. This WIS the night Of the