El Paso herald. (El Paso, Tex.) 1901-1931, 1916-04-24
JURORS ILLNESS
HALTS A TRIAL
Smith Case is Held Up at
Alamgordo on Saturday
Night Until Today.

AIarnogordo, n. NJ. April 2f-The
rather sudden illness or juror Julio
SaIcido saturday night halted the trial
Of Turner r. Il. Smith, former president
of the defunct First State bank. of Las
Cruces. charged with the embezzleme1t
of $3.50 Of the banks funds on july Is.
n was S:45 Saturday night, while 7.
A. Dale. Of counsel for the defence. was
making his argument, when Salcido be-
came too i'll to continue consideration
Of The case DR.. J. G. Holmes. countv
health officer was called to attend SAL
cido He is about back to normal to-day
, and no further delay to the trial is an
ticipated on account Of his illness. The
argument was commenced at 2 o'clock
saturday. by II. B. Hamilton. district
attorney. who spoke for an hour After
a brief intermission, judge Dale smoke
for a little more than an hour, when
recess until S o'clock was taken
May Go to Jury Today.
Judge Colin Neblett announced a re-
cess until 1870 this afternoon. when
Judge Dale will resume his argument.
He will be followed by A B. Renehan
and H. B. Holt win close for the state.
It is possible that, by holding a long
session tonight, the case may be given
20 the jury. Judge Neblett was com
PEELED to leave yesterday afternoon for
for Lincoln county He will Immediate
" adjourn court until May 8, and re-
turn today to AlamOgordo on the lin
tied. The juries at Carrrzozo have been
summoned to appear on May s, the time
being set back on account Of the belief
that the OterO county term would con-
tinue much longer than usual
Defence's Action a Surprise.
Renehan's announcement Saturday
morning that the defence would stand
upon the case made by the state. and
not introduce any testimony, or try to
explain the testimony offered by the
state. created a mild sensation. No in
timation of cOunsels plans had leaked
out and the surprise was complete Ru-
mOrs were current the night before,
purporting TO be based upon cOnfiden-
tial information. that the defendant
would take the stand and undertake to
explain the transactions which the state
has made the basis Of its case.
Eighteen Witnesses Heard.
Eighteen witnesses were examined
by the state. several Of the accountants
appearing often enough to make Rene
han offer his plea 10 the court to stop
the "unending parade of the bOOkkcep-
ers." J. W. McCarty, accountant, was
on the stand five times, as was J. B.
WoOters. former assistant state bank
examiner while John Birdwell ir.. for
mer bOokkeeper of the defunct bank.
ana - NJ GIlueTt an accountant ol Ii
PasO. were examined four times each.
The documents admitted in evidence, on
behalf Of the state. reached a total Of
100, while the exhibits introduced by
the defence on cross examination num-
bered 10
Widely Opposing Views.
Members OF counsel for the state hold
that the state has made a case so clean
cut as to be unmistakable while coun-
sci for the defence swings so far to the
opposite view as to contend that their
motion for an instructed verdict in IA
vOr Of the defendant was absolutely
good 1t Will be for the jury to recon
Gle these opposing views, or to choose /
between them.