El Paso herald. (El Paso, Tex.) 1901-1931, 1917-05-26
HOLD
CROWD SILENT.
Attorneys for Prosecution
and Defence in Sands
Case Exhibit Orators.
The Sands ease was given
TO the jury a few minutes
after 3 p. m.


The Sands ease was given
TO the jury few minutes
after , p. M
Bitter arraignment Of ranger "
3. Sands. on trial for murder in the
saith district court, as q ''gun-man
and killer" and equally fervent de-
fence OF him as man who defend
ed his life as he had a right to do
were the features of the arguments
Saturday morning. Sands is charged
with the murder of Sgt owen Bierne
in the Coney Island saloon on Sept
q, 1916
I A court room crowded to the doors
with spectators, a dozen women
among them. listened eagerly all
morning to some of the most elo-
quent arguments ever made in a muir
der case in FL Paso county.
Dan NJ jackson, Victor Moore, SEN
ator Claude Hudspeth and district
attorney Leigh Clark made the con
Guiding arguments. Seldom have
more brilliant speeches been heard
here. as was attested by the deep
silence in the court room while the
talks were being made. Scarcely less
eloquent and forceful were the argu-
ments Friday afternoon by attor-
neys c. L. Vowel, W W. Bridgers'
S. J. Isaacks and ". II. Fryer.
Many Lawyers Present
Thirty-eight lawyers were in the
court room when the speeches began.
Only three soldiers we're among the
spectators.
Senator Claude 3. Hudspeth. Of the
defence. made the first argument. He
opened with a stirring eulOgy OF the
Texas ranger force and attempted TO
shred the previous arguments Of the
prosecution. wherein Judge S. !.
Isaacks had attacked the testimony
OF ranger witnesses as being preJu-
diced by their friendship for the de-
PENDANT In the course of his defence
OF the rangers and their exploits, SEN
ator Hudspeth recited portions Of the
old western ballad. Sam Bass"
Hammer EIIIOtt's Testimony.
He hammered numerically on the
testimony of Buck" Elliott, consid
cred the star witness for the state.
Every attorney for the defence who
has argued thus far has attempted
to shatter Elliott's testimony, which
contained a positive statement that
Sergt. Bierne did not strike Sands At
any time. The pistol used by the
ranger. to which the prosecution
brought attention as having a notch
on the handle, was used by senator
Hudspeth in his argument He de-
clared the notch was made by the
pistol having fallen.
Senator Hudspeth was followed by
Dan Jackson. chief spokesman for the
prosecution
Appeals To Jurors Emotions.
oh" said Jackson, sit is a pity
that Rfarna n %
the water where he could see the
Stars and Stripes floating with the
tri-color of France, instead OF being
shot to death like a dog by an as
sassin. Gentlemen of the jury. OF
all the buckets OF blood spilled in
this country. this crime is the most
cold blooded Of all The 'gun-man
and killer has no place in the mod
ern community. The place for the
gun-man is on the gallows or in the
penitentiary."
Appealing to the emotions Of the
jurors more than to their reasoning
faculties, Jackson held the jury 10
rigid attention for more than an
hour. He scored police sergeant
Simpson and exranger Charles Bell
for not having arrested Sands or dis
armed him Immediately.
IF Simpson or Bell had done their
duty" jackson exclaimed, sgt owen
Bierne would have been alive today
ana IL Skl- Ad4 olEuCA
with his club, as the defence has en-
deavored to show that he did. Bierne
would have been up here on trial
instead OF this man. If your duty il
done in this case, your children VIII
be safe from gunner who Kill citi-
zens- It will mean the emo Of the
gun-man in this part of the west.
Moore Appeals to Reason.
Victor Moore made a special appeal
to the cold reasoning of the jurors.
He dwelt on the fact that no evil
dence had been produced to show
fore the encounter with Bierne. while
on the other hand. the defendant was
bloody after the killing This proved
conciuSively, he declared that the SER
geant had struck Sands with his club
and was the aggressor in the tragedy
that brought about his death
You men know" he said. that
Bierne came into that saloon filled
with anger against the man who had
beat up q soldier. And when ne got
in there, he walked up to this ranger
and said, w here is the - - that
beat up that soldier? Was he on a
peace mission when he made a remark
like that and then followed il up by
striking SANDS on the head with his
club? The defence has tried to show
while on the floor I don't believe
he was There is no evidence to show
it But even If he was. say that II he
was in danger of death or serious in
jury, or If he believed he was in dan
ger of these things, he had a right to
keep on shooting until the danger
was gone"
Attorneys in n Clash.
Shortly after Mr. Moore began his
argument he referred TO n statement
made previously by jackson. and said:
When counsel for the state made
that declaration he knew that It was
not So"
Instantly judge Jackson was on hiE
feet and demanding an apology from
Mr.. Moore on the grounds that he was
accusing him Of a deliberate false
hood The apology was given at once
and the argument went on.
Clark Makes Closing Argument.
When court convened at p. NJ, af-
ter taking recess at 1890, district at /
torney Leigh Clark made the closing
It was cOuched in Ian |
guage that made every bit OF evil I
dence favorable 10 the state stand out
In hold relief.
Women Hear Arguments.
For the first time since the trial 4
5egan, women were present IN the I
courtroom when arguments were be-
gun Friday afternoon. Ten or - /
yomen heard the opening arguments. I
me courtroom was crowded when the