El Paso herald. (El Paso, Tex.) 1901-1931, 1916-04-18
SMITH TRIAL IS
NOW UNDER WAY
Vice President Testifies He
Was Mere Figurehead in
the Las Cruces Bank.

Alamogordo. " NJ, April 1s.-No
great progress was made yesterday
/ and last night in the trial Of T. r. H.
( Smith, former president Of the defunct
/ tlrst state bank, of Las Cruces, in
/ dlcted ON charge of embezzlement
| The jury was completed at p. m,
| When the state had exhausted its three
/ its five.
The states challenges were directed
I against II. G.. Torres, Faustino V Acu-
ma, and NJ. II. Jhel the defence chal-
Longing b. Z. Stallburg. W. B. Bates,
j. +. Wasson !. w. Bennett and c. c.
Counsel for the defence. in examin-
ing Jurors, asked particularly whether
lhey had bank accounts, and il they
had ever had bank accounts with in
sulutlons which failed or had trouble,
or II they had ever had any friends
who had accounts in banks which failed
or were in trouble
The principal questions of the state
were as to whether or not any of the
Jurors had ever discussed the case with
=; Candalarlo' former resident Of
Alamogordo, but who now lives in Ell
Paso. Fred Crosby was excused be-
cause he had formed an opinion as to
the case.
Jury as Completed.
The completed jury is composed of
Tail mercantile business: w. f.
Thompson, Penasco, farmer and stock
raiser, George \. Daugherty. Avis.
sheep raiser; Julio Salcido. Tularosa;
farmer; Carmen Baca, La Luz canyon,
farmer; GregOriO Torres farmer Ia
Luz; NJ G.. Barber. Alamogordo. dairy
man; Carlos Granada, jr.. ranch labor
er, AlamOgOrdO; Guadalupe Ortega,
farmer, Bent; Augustln Duran, lula
rosa, farmer; Lee Wilkerson, Weed.
farmer and stock raiser. j. T HObson.
AlamOgordo, farmer.
Holt Aids Prosecution.
When the jury was completed. dis
trict attorney Hamilton announced
that the depositOrs Of the bank at Las
Cruces, were making an effort to Sc
cure II. b. Holt Of Las Cruces, to as
sist in the prosecution of the case
Recess was asked for until p. m. to
allow Holt to reach Alamogordo. re
quest for recess was allowed by the !
courts It was intimated that counsel /
for the defence would object to the I
bringing in Of associate counsel after /
the jury had been empaneled.
The point which the defence sought !
to raise was that additional counsel /
could not be brought into the case /
after the selection Of the jury had been /
Holt had not arrived when
court was convened at s D., m. and
when the recess was announced at $40 T!
p. m- still had not arrived, so the OBJ
lection was not raised last night.
Holt Enters Case.
At the opening Of the morning ses-
sion district attorney Hammond asked
to have the name OF Mr.. Holt entered
as associate counsel for the state
Counsel for defence objected, claiming
that TO let associate counsel enter a
case after a jury had been selected I
would be prejudicial to the defendant.
It was argued that the jury might
have been selected differently if it had
been known that associate counsel was
20 appear
Hamilton declared that in ali his
practice he had never heard such an
objection.
The court overruled the objection,
holding that no prejudice had been
hoWn.
Tucumcarl Man Called ms Witness.
J. W. Mccarthy. assistant cashier OF
he First National bank Of Tucumcari,
vas the first witness this morning. He
vas not allowed TO identify and testify
- to the books and records Of the