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

No Reversible ErrOr-They Are
Unresrained.
Counsel for defendant can commit
no error. They are uurestrained by
the fear OF reversible error and they
have a wide latitude. they can trans
cend the rules Of procedure. and the
bounds Of proper and legitimate ar
gument to the full extent of the oft
times liberal relaxation for them By
the trial judge Of the rules Of prac-
/ tice and procedure. And the trial
judge in the exercise Of his judicial
discretion may relax. and generally
does reasonably relax, such rules that
the defendant may not unduly suffer
from their too rigid enforcement.
Acquaintance With Trial Jurors Val
liable.
Since the beginning Of my present
term Of office. it has been my pleas
ure and profit to personally become
acquainted with those who have
served as Grand Jurors and many OF
the Trial Jurors, and during the same
time We have become acquainted with
many who are qualified to serve as
Jurors With our acquaintance with
those who have served and those
QuallIleu 10 serve. We were given TO
know much of their individual char
acterlstlcs and trend Of thought. and
10 the extent Of such knowledge we
are further equipped TO render more
efficient public service.
More, Instead Of Fewer, Indictments.
Since ] have been in office, and as
long as may continue in office
neither my Assistants or myself have
ever or ever viii do so foolish a thing
as 10 attempt TO dictate to the Grand
Jury that they shall return fewer in
dictments than they. in the couscient-
ious discharge Of their duty, deem
proper 10 return. It has been. and
VIII continue 10 be. the rule Of the
District Attorneys office so long as
/ may hold the office TO advise the
Grand Jury only when requested. and
as the law provides. Article 42S OF
the Code Of Criminal Procedure pro-
vides: When any question arises be-
fore the Grand Jury respecting the
proper discharge Of their duties. or
any matter Of law about which they
may require advice. l. is their right 10
send for the attorney representing
the State and take his advice there
on"
District Attorney Booted Out.
We believe that a District Attorney
who would be so unmindful Of Off
cial prOpriety, so disrespectful as to
attempt TO dictate to any self respect
Ing Grand Jury that they must return
fewer indictments than they deemed
il their sworn duty TO return, would
be made painfully to feel the heft OF
the foreman's boot TO emphasize his
order for the extensively officious
District Attorney to leave the Grand
Jury room
Not Mental Wsaklings.
The Trial Juries are not a set Of
mental weaklings to convict contrary
TO their conscientious judgment based
upon the facts and law Of the case.
Foolish Statement.
The statement Of any one 10 the ef-
feet that il he was district attorney
there would be fewer Indictments.
more convictions, more economy" is
10 give utterance to that which re-
Eeals the author as unwittingly say
ing that he does not mean, or does
not understand. or else reveals him
as entirely innocent Of any knOwl-
edge Of the duties province power.
proprieties and limitations Of the dis
-rict attorneys office, such a state
ment Is lneEplicable unless the author
Of It in some way, somehow or some
where, is deluded into the belief that
II he was district attorney he. in one.
would be district attorney. grand |
jury. trial jury. trial and appellate
court, and being all in one he would
be within himself to use the Ian
5uage Of the street urchiu-the whole
cheese, the big show, the main guy
In the center rush, and that the grand
ana trial jurors and the judges would Z
be nOthings. headless. brainless. con-
scienceless, thoughtless. reasOnless /
to indict only when I
he said indict, and 10 convict when ]
ever he dictated conviction. For such I
an imaginary district attorney I know ]
u but one parallel, and that only fic- !
ion, and il is found in The Yarn Of I
he Nancy Bell" wherein we are told /
hat there stood on the lonely sea- I
more an elderly seaworn man. who. !
his wild delirium. was proclaim /
ng TO the rollickins waves
oh, am the cook and the captain
bold.
And the mate of the Macy brig;
m the bosun tight, and the midship- I
mite
And the crew Of the captains gig.
And as he swore, an echo came from /
sea
To shore. a second voice was heard
inquiring.
)h. elderly man. it's little ] know
OF the duties of the men OF the sea I
But III eat my hand. If understand
How you can possibly be at once
cook and a captain bold.
IND the mate OF the Nancy brig.
And bosun tight and q midship-
mite.
md the crew Of the cantain's gig"
In Serious Truth.
It is not conceivable that the vot-
rs Of this district are yet prepared
o elect any one as district attorney
Who would like the elderly man Of the
ca be Obsessed with the hallucina-
ion that he would. II elected district
ttorney, be the official cook. captain.
nate, boatswain, midshipman and the
n one.
The law prescribes the duties and
overs Of the grand jury. OF the trial
ury, the sheriff, the district attorney.
he judge. the district clerk. each
eparate and apart from the duties Of
he other. and IL the district attor-
ey efficiently performs his appoint
O duties. he will have all he can do,
-ithOut attempting 20 usurp the pow
rs and duties Of the grand and trial
uries.
PsndeI Matter.
As 7 am informed it has been stated
g one individual. and is being stated
y another. that because OF some i'm. .
roper motive 7 failed to prosecute
ounty commissioner George PendellI
or his alleged malfeasance in office
% those who know me and my Off
ial integrity. such a statement would
e ridiculOusly absurd. II commits
Toner Pendell was indicted for NAL
easance IN office or upon any other {
barge. and there was evidence to sus-
ain the Indictment. it goes without 4
aying that I would prosecute him ,
and vigorously The two in j
ividuais above referred to. are the ]
MY two individuals i'm this enffre