El Paso herald. (El Paso, Tex.) 1901-1931, 1913-09-18

principal was not an accessory after
the fact Stanton wanted to know
why the state was going into the Ca
pies case He sad he wanted the
court to eliminate that phase from
the proceedings.
Trying to show Offense.
Price argued that it would have to
! be shown that the principal was
! guilty of an Offense before there
| could be an accessory This, he said,
! he was intending to do. He declared
that no questions touching the brib-
cry charge against the girl would be
! asked.
J Justice AIcCIintock declared that I'M
| less it could be shown that the de
{ fendants-Davis and MarshalI-did
I state he would sustain the objections
/ made by the attorneys for the de-
! fence.
owen still maintained that the girl
J should not be made to testify relative
to any connection with CapIes.
District attorney Bridgers said: Il
/ think that all this argument is simply
/ one of the many instances wherein
I the defence is trying to conduct the
( states case" The district attorney
/ contended that the girl could not pos
/ sibly be incriminated by testifying
against Caples.
IF you can't show that these de-
PENDANTS did no more than to run this
/ witness out of the state, then you
haven't any case said Judge Nc
( ClintOck. why don't you dismiss this
case and file a case against them for
running a witness out of the state?
"All the testimony that the court
has heard up TO this time" continued
case of running a witness out of the
state"
"Stayed at CapIes' Home.s
The state has been INSTRUCTED at
every issue in various ways" de-
clared county attorney Price.
L have information that this wit
ness and one Of the defendants and
William Caples and others were pres
ent IN the home Of the mother of Will
liam Caples- That is a circumstance.
Caples did get out of town. This is
an unfriendlv witness.
I never heard of the state being
asked whether it was going to make
out case or not" declared district
attorney Br:dgers- You had better
start the rule in examining trials to
ask the state whether it * going to
make out a case or not"
1T isn't that" said AIcClntock. IF
you haven't any more to show than
that they ran this witness out of the
state, you haven't any case"
Owen wanted the argument post
poned so that he could be present. He
said he was called from the trial OF
another case. Stanton agreed with the
suggestion.
Anxious to Hear Her.
The state has particular reasons,
which I will not disclose for want
ing to examine this witness at this
time. said county attoraey p-ice Il
thinz judge Deaver VIII wait on YOU"
Price said, turning to Owen. 1--WE will
not ask your client any questions that
VIII 1ncriminate her district attorney
Br1dgers said to Owen.
Mr.. Price and Mr.. owen left the
court room to consult with judge J.
M Beaver. They returned shortly.
You know William Caples?' Mr..
Price asked the witness
Z presume So" she repIied
do I understand the court has
overruled my objection asked owen
am asking you" McClintock
said to Mr. Price, what the state in
tends to prOve?"
4 am in doubt that the state can
make out a case in view of the tao
tics that have been pursued by GER
tain parties said county attorney
Price.
District attorney Bridgers declared
that the court was only conducting an
examining trial, and the grand Jury
was entitled to have the testimony.
Grand Jury Not Through.
MI: Price said that the court might 1
9lsnlss the defendants but the grand
jury should have the testimony.
whether an
oIIense has been committed and leave |
Mr.. Price.
IF the only evidence you have
against the defendants is the spirit !
ing away of this girl then you haven't |
again.
DO you know William sCap1es?,
county attorney Price again asked the |
-. y presume So" she answered.
DO you know him2" insisted Prico |
him" D--'e l Aiio"
., Did d! YOU ever go aut0mobiling with |
him? asked Price.
Girl talks to Lawyer.
This was objected to-
see mere the girl said. motionine-
10 Mr.; owen who walked over to her.
MI Price Is abiding to the time 7
was with Bill Caples-See! It isn't fbe !
bribery case He told me that"
fTlce; Were you ever on the !
county ,td,,5 road with Bill Caples in an
the show" after
VINO else was in the machine be-
sues i you and Caples?" asked Price
don't want to answer that" she
Who Was In the Car.
Ou LeLuSe- asked Price.
~. don't want TO give their nam4s.Y
s,. "a you ever have your nose hurt?'
YES Many times" she replied.
Yes
Eye blacked?9
Yes many times. I was a DrIze
iSnter'' She laughed.
ia BIZ Caples ever black vour |
Eye: was asked.
..I,- refuse to answer that" she said
were you ever at the five-miIe
u ius son on the county road?" was asked
- es; many times"
~ DID you ever stop there?"
Has Bad Memory.
a. was down there several times
- LII uoIl Know whether the automobile
Tipped or not. I think it did"
.Dld you get Out?"
- Il don't know" ,
DIDN'T he say you would have
get out or submit?"
n .e1es- got out. I got back in"
Did Caples get out?"
- g., on had better ask him"
i am asking you"
a a. Il think he got out
DID he strike your" $
a Accidentally"
y