El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20

. AAAUAr4 ne EdN6 me certain memo
Z ranua and made certain suggestions
| Immediately I began an investigation
! and thereafter with the January term
/ 1917, grand jury. of which Mr.. j. T.
I Wilmarth was foreman, ] continued
I the Investigation. but the term of the
/ grand jury expired, by law, before il
Z had concluded its Investigation.
| continued the investigation.
DR.. White. of Gsleta, who was
7 much interested in the cation
I was greatly disappointed because
] there was no Indictment against Pen
dell, and he, as I was led TO infer
did not have the same esteem for the
members Of that grand jury nor for
me, as district attorney, as he had
formerly. at least he complained 10
Mr. Robert Lander, a member o. the
grand jury and TO myself because Of
the failure to indict Peudell Bear in
mind. that during all Of this time Dr..
White was asserting, and ] believed
as l believe the members Of the grand
jury believed, that his reason for pur-
suing the commissioner was by reason
Of his high ideals Of the duties Of a
citiZen,-that other than to serve the
public interest he had no motive, no
interest. no ak to grind Be this as il
may, 1 accepted Dr. Whites state
ments as to the waste and the
alleged criminal misrepresentation of
the county's road money at par and
as true, and il true il was utterly
immaterial to me what his motives
We're. and I courted his aid and
assistance both before the January
term, 1917. grand jury had been con-
vCned, while IL was in session and
after its adjournment. but evidently
my lack Of partisan prejudice against
the commissioner, my constant and
repeated probing and request for
suggestions as tC hoT and Of what
witnesses / could obtain evidence to
criminally implicate commissioner
PendeM did not appeal very favor
ably TO the dauntless doctor. for dog
matically he thought suspicion was
proof, his conclusions based on sus-
picion and conjecturaI differences.
legal evidence, and as I did not agree
with him he concluded that I was not
the sort Of a district attorney he
needed Nevertheless. after the adj
Journment Of the January term. 1917.
grand jury, 1 continued the investi-
cation. had all the evidence OF the
many witnesses examined. which had
been taken down in shorthand, writ
ten out, while Mr. Wilmarth. at my
request. was making and did make
careful analysis Of the numerous pay
rolls OF the road foreman When the
May term. 1917, grand jury was con-
yened, they were given all the data
had gathered and the benefit Of 1Ir
Wllmarth's work I was not present
at any time when the May grand
jury had the county road matter un-
der investigation 7 was not present
Tor the reason that I was informed
that two members OF the grand Jury
thought that as commissioner Pendeu
had supported me politically. e might
be embarrassing TO me to give the
Grand jury whole hearted assistance
in an Investigation which might dis
naMH
MIN, the county commissioner. and.
hence. the two grand jurors. thought.
II would be better TO have Mr. EIfers.
who was political antagonist of
comm issioner Pendell, to assist them
As had made an extensive iuves-
ugation OF the matter Of the alleged
malIeasance OF Commissioner Pendell.
and had reached the conclusion that
the evidence did not show him guilty
or any criminal Offense. and as
knew the May Term Grand Jurors
very naturally. from all that had been
said and charged. as I did before the
investigation made by me. and the
public generally. were inclined 10
presume guilty Of peculatiOn any one
VINO may have been. however. remote Z
~ connected with the expenditure Of
the County's road money. and as ] {
thought il possible the May Grand
Jury. assisted by Mr. Elfers. might ]
pursue a different method of iuves- I
tigation than that pursued by me. /
and the January Term Grand Jury
with my assistance. and that pos
Sibly they might discover evidence to I
implicate Commissioner PeudeIl. I
which I had failed TO discover, I very I
readily and 1 think properly I'm the 4
circumstances acQuiesced in the re-
quest that Mr.. Elfers should assist I
the Nay Term Grand Jury.
What passed before this Grand .
Jury, when was being considered BY Z
1t the County roads matter. what. il
any. additional evidence they dis ;
covered to crlminally implicate Com
missioner Pendell. I do not know.
Evidence Against PendeH. /
The only evidence 7 could find
which in any way connected him with I
the alleged misapplication or misap- I
preparation Of the County road money. /
was that he had o. KID the road I
foreman's pay rolls for road work .
done in his. Commissioner PendelTs Z