El Paso herald. (El Paso, Tex.) 1901-1931, 1913-09-17
HEARING Of DAVIS
AND DAVE MARSHALL
Billy AdOlph Proves ReIuc-
tant Witness in the
Caples Case.

made up the small audience.
The entrance of Ellen Godsey, "the
girl in the Caples case" in the justice
court was the only incident of the eX-
! aiming trial Tuesday afternoon that
created any unusual interest. She was
wearing the checked draped skirt and
bolero in which she made the trip to
Deming in the Pathfinder with Mar
shall. She was also wearing a pan
| deau. The girls entrance was a little
I Uardy, but she came IN with SeIf-
! assured manner and took seat On The
front BENCH, where she kept up lively
Soon after her arrival, constable
! Brown brought in members of the
we are going TO have the whole
| show here" gleefu1Iy exclaimed the
After Brown brought in the COM
| pany he went after sheriff Peytop J.
Billy Adolph, heraIded as the states
! main witness, reluctantly gave MS tes-
! timOny. County attorney z. R. Price, in
| his examination of the witness, sought
! to bring out two conversations AdOlph
| held with Harry Davis, which were
! evidently thought to have an import
! ant bearing on the case. The cOnversa-
/ stance of Davis telling Adolph that he,
! Davis, had some money" Later on
/ AdOlph said that Davis told him he
had a ticket for Los Angeles.
| So reluctant was AdOlph about Civ
/ ing his testimony that county attorney
/ Price sought to lead him. This was
objected to several times by J. Z.
I View and NJ W. Stanton, attorneys
/ for the defence. AGOiph reminded the
county attorney several times that he
I had already answered questions.
It was brought out in the testimony
/ of AdOlph that CapleS, Ellen GOdsey
and Davis remained at the CapleS resi-
dence until 8 o'clock Monday morning.
I The day specified, it is believed, is a
mistake: Tuesday morning was evil
/ IDENTIFY meant That the grand jury is
making further Investigations in the
Caples case was also brought out in
the examination of the witness Fur
Their testimony will be taken in the
case this afternoon
Witnesses Under Rule.
Arthur Schuster Billy Adolph, sheriff
Edwards and Ellen GOdsey, witnesses
for the state, were sworn and placed
under the rule.
Sheriff Edwards testified: 7 know
William CapleS, Mrs Caples, Ellen
GOdsey, Dave Marshall and Harry
Did you have an attachment issued
out OF the 34th district court for Ellen
Godsey2" asked Mr.. Price.
NJ. ". Stanton objected. The question
was Withdrawn for the time being.
County attorney Price showed the
sheriff a capias for Caples. The sheriff
identified it and said he had it for Ca
pies The capiaS was offered in evil
dence, with the promise that it was 10
be withdrawn.
Its Introduction was objected to.
At the CapIes Home.
for Caples," said the sheriff. The
capias came TO hand on Sept. 10.
l went to the Caples residence. 1 saw
Mrs. Caples, Harry Davis, Miss CapIes,
and think a Chinese cook" The ques- !
ton as to what conversation was held I
with Mrs CapleS was objected to- Mr.. /
Price stated by such procedure he in /
tended TO show that there was a con- ]
spiracy to get Caples out of the way. l
The objection was OverTuled.
went in the house" the sheriff !
continued Mr.. Davis let me in. My /
recollection is that this was Friday |
afternoon. 1t was about o'clock in the 4
afternoon. I told Mrs. Caples the pur-
pose of my visit; that I would have TO /
search the place for her son, Bill, and |
Ellen 6odsey. She told me that she had l
sent Ellen GOdsey to Anthony and |
mat she had two hours start I told l
her that l would have to search the
house, anyhow, which I did.
Meets GOdsey Girl.
STANLEY Good, IT., was on the autside I
Of the house. 1 saw Ellen GOdsey about !
two hours after that at CanutillO. She |
was with Dave Marshall.
I had no conversation with Ellen |
Godsey in the presence of Marshall and |
Davis l asked Davis who the girl was !
in the automobile. He said She was 1
Margaret Bennett; that she lived on
Myrtle avenue and was just out for a
Joy ride.
Before got to CanutilIo I saw an
automobile that 1 thought was the Ca
pies automobile I speeded up and
caught it The girl then told me her
name was Margaret Bennett and that
she was out JOY riding"
The attorneys for the defendants
contended that the statements of the
girl were hearsay and objected to them.
Mr. Price maintained that the testi-
nony tended to show that the girl and
Davis and Marshall were acting to-
sether, and, therefore, admissible.
Judge Weeks argued that witness /
eaving the country could not be guilty
u conspiracy; only contempt of court |
The Attachment Shown.
Sheriff Edwards was shown an at
achment writ for Ellen GOdsey. Mr.. {
rice offered the writ in evidence Mr.
stanton wanted to know where his af- |
idavit was. The objection was over
uled.
Il had the attachment when I
earched the house." said the sheriff. :
With the parties at Canutillo. 1 also
lad the capias for Caples. y
"On the same day l sent Jim Fulgham
0 CanutilIo and deputy viii Crosby to
)eming- :
I can't say whether either one said 7
hey We're going to proceed beyond q
or not" /
On cross examination the sheriff said
hat he did not find any of the parties Z
[ the Caples house He said he made +
thorough search. 7
w X Adolph testified: know a
larry Davis and Dave Marshall {
Did you have a conversation with ! \
IT. Davis relative to matters growing 7
ut of the Caples case?"
Talks With Davis. ~ g.
The witness answered that he did I
nd that it occurred near the Caples | I
Il saw Davis coming up and
topped the car. 1 asked him how Billy 2
-as. Davis said he had some money =
! his pocket I saw him the same eve =
ing later at the Angelus hotel. He :
sked me how much a ticket TO Los /
ngeles cost 1 told him l thought $35. =
lie said he had one. l did not see 1t. q
did not ask him who the ticket was =
)r." q
1T was u o'clock Monday when the .
)nVersation about Bill Caples and Ell =
n GOdsey staying at the Caples home ] :
ntil a. m before leaving, was held |
State whether or not Mr.. Stanton's
anne was mentiOned% asked Mr.. Price.
Mr.. StantOns name was not men
oned." replied the witness n
Harry said he had bunch of | c
oney." witness went on "A bunch or ! Is
,me money. whatever you want it" T.
Adjournment was taken until u
lock Wednesday afternoon. II
WIS LIFE, RATHER THAN in
LIVE WITHOUT HER HUSBAND r
Chicago. Ill. Sept. 12.-At the inquest W
bodHr If Mrs Grace Scott