Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-07-25

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hood u her child. tears from it ths
protecting cioak With which her mar.
rlaae had invested a. and entered
upon what the court must hold a
have been an uniHsiifiea action. Thai
a had BEGINNING leads 70 bad ending
WAS never moro ferciblY illustrated IN
litigation
Evidence 81 Spuriousncss.
The opinion aya further
exhibit i44-b also has this strong
internal evidence Of iis spuriousness.
Writing IN this exhibit from Aibuquer-
que under late 81 April s. 1909. The
wilter. whose name is signed F.lias'
in typcwfiung, mys ~ has not been
any too aEreea lo here. for il has been
rnininn every dny The records Of the
weather bureau introduced in cvi-
dence show that there Was ~ rain ut
Albuquerque upon tho da;e named or
upon any of thc dates surrounding L..
This statement Ia The letter. in the
/ liFht of The government records. very
strongly indicates that The letter was
manufactured and ~ a date when tho
physical facts We're not known. The
lnfFument of Plaintiffs counsel that
the word raining as here used mems
a sand storm hicks even FEASIBILITY
Coming now 60 exhibit lis. which h.
sronsly relied upon as recognition
because Of So containing tho words
our little darling II Is 10 be- noted
that that letter closes with the words
your l0mcsom hoy This mia-spell-
ing ~ The word lonesome Is "a snspi-
eions circumstance Perhaps no IN.
usual word occurs more frequently
Throughout the course Of these letters
thhn this, MS u seems 60 have been
used 10y Garcia 10 describe his cundi-
ton and feelings during the absence
Of Bessie Speight from him ExhihHa
in which appears the word lonesome
are AZ follows T. 3. q. AZ 1.-TWO
timesl so 1.-TWO tlmcs1. i0f. f04 two
timesl. l05 1.-TWO times), 106. 1OT
u. 1873, lsf. i72. t76 In all Of
these instances the word Is correctly
spelled, showing that Garcia was
thoroughly familiar with It. In ox-
hihit ~ the word is used, ana while
not mis-spelled is written IN elidcd
form. In III it Is used. and while
erased, Il is not mls-apelled II thus
follows that in exhibit ti5, AM in OK
hibiI l&G-b 20 be presently considered
ARE the only instances where this
word, sn familiar 10 him. is mis-
spelled, and IN each Of these letters
there is not only one miA-spellng Of it.
bui two. The substitution Of m for
N ia the first syllable. ana the omis.
zion OF the final e in the last ayll-
ie la extremely peculiar The theory
.ot plaintiff In explanation le that these
mistakes We're not Of the head but of
the hand. That Gafcin knew how to|
spell bat ala not know how To write
However there are q large number
of typewriter letters from Garcia IA
evidence. lie seems to have been
iHiilN Well acquainted with the opcr-
alton Of The typewriter, and these mis-
takes, occurring In familiar words.
present only ia the letters rendered as
evidence of recognition. are subjects
oi unaonbtcf suspicion. II Is mutual
ly conceded that all three Of these let
icis relied upon 10 constitute acknoWl-
edHment are written on the same
typewriter These letters, however.
were at long intervals, ana even If
M the beginning Garcia was not IA
miiiar with he use OF this particular /
typewriter there would have been the I
fore The hast letters were written. and /
vet as Wp have seen. and as we shalt |
see ln a moment with regard To cx-
hlbtt ite-h, there were still present /
after an interval OF a number Of /
months. The character OF mistake +
found IN exhibit i44 b. Another sus-
hleiauH circumstance connected with /
thr exhibit i45 Is the final clause.
Dear, that little tfunk Is not IN my
WAY and You can leave u as long les
you want ana II You want the to
send II to you, let me know Intro
dueed s. plaintiffs exhibit No. 1876.
aud found during the course Of the
tllal ll AN envelope Is the following
iraAnirnl w lhe handwfiting OF Gar
eia Ihe trunk Is not in ms way ana
YOU can leave as long as you want
ana u }nu want me 20 send IL to YOU.
lri me know and | Viii send il Ia you
4 comparison of this fragment With
NE language above quoted from eN-
hiht Is shows most peculiar re-
production of the language Of one
nom the other This would tend a.
suggest The theory that this ietiof
~ Was made up hy the writer
hereof from fragments in letters act
NAlly received from Gafca. hut made
iN y one VITO Was not wen acuualni
'd with spelling. ana who, as IN tho
'Nse VI the word iomesom failed %
.peu as Garcia would have spelled had
ne Been actually writing the letter
this latter theory would explain ihr
'aei THAT much Of the expressions
throughout exhibit l44-b, t4b ana
ts=h are those OF Garcia. For ia
stance the introductory words this
'ring sunday. found in exhibit NO
i8. Is characteristic OF many Of the
letters c0ncededly written bv Garcia
-eming 10 exhibit 18f-h which Is aise
'tiifd upon as an acknowledgment.
because 81 the nerds my little LII.
.lea there is again the suspicious cir-
umsianee of the mis-spelling of
irmeson aS above pointed out Sus-
aiming the genuineness % this letter
however is the presence Of the sn
'eiope IN which Hessle Speight and
ner sister say il was inaioSed which
Envelope hy uncontraiicted test.
'nohs. is addressed IN the handwrit-
ing 81 Elias Garcia There is also.
accompanying this letter. an envelope
"a the handwriting OF Elias Garcia. II
aaafessed TO him, which the testimony !