The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1914-03-10
SHARP DENIAL BY
ATTORNEYS Of
FAXED LETTER
CHARGE
Sensational Challenge by At
torney Wood to Prove
Statement Made in the Gar
cha Case.
CASE CONCLUDED By
D POPE TODAY

-
Judge W. n. Pope this morning
completed the hearing Of the case OF
Garcia vs.. Garcia which has been be-
fore the court FOR some time and
which, because OF It's nature and the
bitter way in which Il has been
tested. has attracted wide attention
here ana throughout the state. The
taking of testimony was concluded
yesterday ~ arguments heard in "a
special night session last night and
this morning, being concluded at
noon.
The title Of the case is Florence
Lillian Garcia vs.. Petra G. Garcia ct
al and is "A suit To establish he
rights of the plaintiff, a six year old
child. in the estate OF the late Elias
Garcia. a prominent wool merchant
of this city. whose child II n alleged
he 10. Marion and Wood represent
the plaintiffs and Mann and Venable
and Felix Baca are attorneys for the
defense.
Charged Faxed" Letters.
Upon the former hearing evidence
ot an expert had been given that four
letters purporting 10 have been writ
ten by Garcia TO the mother Of the
plaintiff were all written on the same
typewriter and contention was being
made that they we're not genuine let
ters but had been faxed.
George Jay Gibson. an ~attorney-nt.
law from Salt Lake City, Utah. WIS
produced as "A witness for the plain
TIFF and testified that the plaintiffs
mother. whom he then understood to
bo the widow Of Elias Garcia. con
suited him In the early part Of Sep
tenher. 1910. in salt Lake City. u lit
De more than a month after Garcia's
death; that she then told him OF hc-
relations with Garcia and the birth
Of the little cAild. the plaintiff in the
cause, n informed him that she had
o number 81 letters. She brought
these letters To- his office late IN
September. 1910. within two months
Of Garcin's death. He had previous
81 been Ia correspondence with the
firm OF Marion a Wood Of Albuquer-
que and at their suggestion he had
asked her 60 bring in the letters. lie
Testified that he. az that time and for
the Information OF Marion a Wood
NAAM NANNANt M fNtNilNlkfAlttf vi NNANf
letters and copied them in a letter
which he then sent Co the Alhuquer-
lque attorneys. This letter was pro-
duced in court and contained verba-
tim copies al the four letters which
ale claimed to have been later faxed.
Dispositions were hen read IN evil
dcnce to contradict the testimony Of
J. y. otherwise know as Fat shearn,
who on the former trial had testified
that between October. 1901 and Jan
uary. 1909. he and Tony Wilson. who
afterwards married the plaintiffs
mother. We're In partnership running
the Sunnysidc Inn, and he testified
10 improper relations between Wilson
and Bessie Speight during May and
June of 1905 az S%unnyslde, while he
and Wilson were partners.
The evidence produced yesterday OF
Roy Mcdonald Of the State National
bank, Albert Soell. formerly sales
agent Of the Southwestern Brewery
4 Ice Co. and Charles Bottger. the
owner of S~unnyside. all sought To es-
tahl.sh that Wilson wasn't In partner
ship with Shearn at the time but i'm
stead one Charles Rathburn a that
| IAAAAAtAH - ANI'LAtANh "a AAAtM ANA'
from the head OF the Bureau OF En-
craving aud Printing at Washington
to whom the court had submitted an
envelope that figured largely upon
the first hearing OF the case. the
plaintiff claiming That when Il was
introduced In evidence IL contained =
two-cent stamp, but which at the
close 81 the case was found 20 have
two one-cent stamps. The defense
claimed that the envelope when ii
went through the mails a but d
single One-cent stamp and carried q
card and no letter and that the let
Ter in IL had been manufactured and
enclosed later The plaintiff on the
other hand charged that when the
letter was introduced IN evidence u
had a two-cent stamp on. which had
been afterwards removed and the
two ones substituted 20 form "a basis
Tor that argument.
Expert Testimony Introduced.
The Bureau of Engraving and
Printing reported their conclusion
that neither of the stamps nov OF
the envelope were ON there when II
went through the mail but bAat ar
~oriEinal stamp had been removed and
the two now on the envelope were
substituted since; when. they were
unable TO say. Reply 10 tho question
as 60 what denomination tho original
stamp on the envelope was they re.
piled that 4 was somewhat "a matter
of conjecture but that n 10 mad beer
n two-ccnt stamp Il would have ief
I, some race OF the red ink used II
printing such stamp. upon the en-
Nelope which could be discovered b,
microscopic examination aud that al
, examination OF this envelope undei
the position formerly occupied hy tn
stamp did show distinct patches o
red ink from which they concluded
: that u was mo- improbable hat tn
stamp on the envelope when a wen