davidaulloa/AmericanStories huggingface dataset:
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
Joe NeaIon employed.

About this time Joe Nealon, an able
lawyer, and EX-District Attorney. was
privately employed 10 assist the State
by whom he was employed I did not
inquire. nor was il necessary for me
TO know. but / welcomed his employ
ment and proffered him every assist
ance the District Attorneys office
could give. The nature OF his en-
plOyment being TO assist the Septem-
Der Term, 1917, Grand Jury iu its in
vestigation, and to assist in draft
ing an Indictment against Commits
sioner Pendell which would be legal
ly sufficient.
Mr.. Nealon had several consulta-
tions with the district attorneys Of
flee, but more especially with assist
ant district attorney Elfers, and he
also presented memoranda Of aIlega-
tions which he thought legally essen
tai 10 be MADE in The indictments to
be drawn. Assistant district attor-
ney Elfers thereupon redrafted the
indictments in lieu Of those which had
been Quashed so as to meet any OBJ
lection which on the respective mo-
tons Of the defendants might other
wise be urged 20 their legal suffi-
cheney These indictments against
commissioner Pendell were with the
indictments against the road foreman
presented to the September term
grand jury for their action. They
returned the Indictments against the
road foreman. but voted No Bill as
10 commissioner PeudelL
As the indictments against the road
foreman are still pending. and as he
viii in due order of time be tried on
the indictments, it would be quite
improper for NE TO express an opinion
as TO the guilt or innocence. for that
question is to be judicially decided
by the trial jury and the court.
The above, in brief, is the resume Of
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20

To the PEOPLE OF Fl Paso city and
county. I feel most grateful. and from
the bottom Of my heart I can truth
fully say there IS not one among YOU.
not one I'm this entire district FOR
whom I would not gladly do a kindly
service ard as long as am IN office
nv purpose and ambition VIII be to
serve Won faithfully and wen
To each Of the women who NAV
cast their vote for me, 7 say unto Won.
mine would be more or less than MOI
tai heart u 7 did not treasure vour
vote as an Inspiration to avouch 10
you that 7 was worthy OF IT, And ~
reelec-ed The ever present thought 81
your having supported me by your
words and vote viii rebuks me III
uob1er effort
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
Laboring Nan.

To the laboring man. it IS my pleas
ure 70 say that during my tenure Of
office. have come to know Won No.
ter and therefore TO like and admire
you more. for 7 know when 60 comes
70 a matter OF patriotism-its hats
off TO YOU.
Ny name appears second on the Of
fetal ballot under the words For
District Attorney OF the 34th Judicial
District, and 81 you will vote FOR me
scratch the name first above mine
Very respectfully.
Leigh Clark.
District Attorney and candidate for
rejection
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
Penden Indicted.

The May Term Grand Jury returned
three several indictments against
Pendell in which he was charged with
conspiracy to swindIe the County.
and at the same time indictments
were returned against the road fore
man These indictments were drawn
by Assistant District Attorney Elfers,
and they were afterWar1 on the sep
arate motions or the defendant
quashed by Judge Howe because they
were not legally sufficient
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
Conscientious Purpose.

Ny assistants and myself with
conscientious purpose have endeav-
ored to exercise the powers and per
form the duties Of the office Of dis
trict attorney justly and solely for
the public good. and this we have
done at all times and without fear.
save when in doubt, the fear Of doing
wrong
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
We Must UphoId the Law.

Unless we uphold the law for the
protection Of the Innocent by enforc-
ing it against the guilty transgressor.
civil government could not exist. If
the district attorney efficiently pre-
pares and presents in evidence and
argument the states case to the trial
jury that is all he can possibly do. We
have done this in every case.
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
The Citizens Of CuIbGsOn and Huds.
peth Counties.

To the splendid citizens OF Huds-
peth and Culbersou counties. would
be without gratitude. it, having op-
portunity, 7 did not publicly acknoul-
edge a never ending debt OF gratitude
70 you for your hospitality and many
acts Of real substantial benefit TO ne
for your kindness to me could not
have been more whole hearted Nv
ambition is TO ever retain and always
deserve YOUR good eufrfou OF me
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
District Attorney Must Be Cautious
at an lines.

In the trial Of every criminal case
the district attorney must conduct
the states side Of the case in strict
accord with the rules Of practice. pro-
cedure and evidence. for the introduc-
ton Of improper evidence harmful to
defendant. might be cause for a new
trial or the reversal Of the conviction
by the appellate court. and so must
the district attorney in his address to
the jury remain well within the rec
ord and the limits Of proper and le-
climate argument In other words.
in the trial Of every criminal case.
the district attorney in the conduct
Of the trial from the beginning to its
conclusion must move with careful
and measured tread. for it would be
a useless waste Of the states and
county's money. and Of the time Of
the court. the jurors and the wit
nesses'. and a probable miscarriage
of justice TO obtain conviction
which by some error of the district
attorney could not be sustained. The
state has all the burden to establish
by legal evidence. beyond a reason
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
Appreciate Assistant Counsel.

And in this connection I want to
express the appreciation OF myself
and my assistants for the very able
assistance Of the lawyers who have
respectively assisted Us IN the prose-
cutiOn OF state cases and matters IN
which they were privately employed
and these we would be pleased TO
mention by name If time and space
permitted
We are also grateful 20 1lr. c. "
Groom. the attorney for the Good
Citizens Committee OF twenty five. for
his splendid assistance in several
cases
Since I have been in office It IS
most satisfying TO US 10 be able
trurhfully to say that no lawyer has
ever complained that we were unfair
or unjust or discourteous IN the pros
ecuti0u Of any case or matter, but
upon the contrary we have been Of
tentimes commended by them for our
uniform. fairness and courtesy. and
al che same time compiimented for
the vigor of our prosecution We have
always been glad 10 accommodates the
lawyers and their clients. W hen We
could do so without injury 20 the
state
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
Lawyers Of This District Able and
Honorable.

1T is as pleasing for me TO say, az it
viii be for you to have me say. that
the lawyers Of this District and those
from other parts Of the state. whom
il has been my pleasure and profit
TO meet in the trial Of criminal cases.
are as high toned. honorable and able
lawyers and men worth while as can
be found i'm any State-they would
be big men in any other City or state.
Why They Are So.
This comes in part. If not wholly,
from the fact that they have lived
among the wholesome people OF the
great southwest. a country with linn
stars. daily sunshine, splendid schools
and able teachers, and above all spIen-
did churches and Inspired ministers,
which with song and sermon make
country the breeLes. the breath Of the
Almighty coming pure and fresh from
over the mountains and the plains,
chasten away from the minds and
hearts and souls OF the men and Wo-
men who breathe TT. all that is mar
row, mean, little, unwholesome. IN
Cody, for with such a people their
scope Of vision Is as broad Is their
prairies, their purpose exalted above
their mountain tops. their faith be-
yond the stars, beyond the sun-in
God With such a people ever IN
spired and humbled by the daily and
nightly object lessons OF the Almight-
mess Of their creator. IL is my good
fortune 70 abide. and I deem IL the
highest honor TO be your public Of
fetal servant. 20 be hOnored by you
with the district attorneys office. to
which office the law abiding must
look for the protection OF their
riEhts. their lives and their prop
ertv. To be such IN official. the law
officer. Of such a people is an honor.
which deem as great as any honor
in your power 10 bestow. and as your
district attorney my earnest effort
has been. and as long as 7 may hold
the office viii De 20 elevate the office
to its just standard and further TO
not only have your good opinion. but
70 deserEs Il
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
The Value Of Your Words.
The District Attorneys Office the
Most Important Of An Offices.

The District Attorneys office L re-
[ gard as the most important office in
I the gift Of the people. Tor it is just
as big or just as small an office as
7 the one who may hold il. Ii is an Of
flee Of almost unlimited power for
Z good Or evil, as we'll as an office Of
wonderful possibilities in enhancing
the wholesome respect for the law. Il
is an office which properly TO fiji re-
quirss great ability. mental and phys
1cal vlgor and virility. a well balanced
judgment judicial fairness, love for
and disposition for work. and the
ability 10 speedily dispatch work
coupled with undaunted courage and
a warm and generous heart. and
again 10 even approximately measure
up to some Of the indispensable re-
quirements of the office. the District
Attorney should be a graduate Of the
University Of Experience. that he may
discern the character. thought and
motives Of men-he should be In the
prosecution Of every case so candid
and fair that every word he uttars 70
the Trial Jury in the discussion Of
the case will to them avouch it's
truth II is essential that the Dis
trict Attorney should know the law.
the rules Of evidence. of procedure
and practice. and ne should be men
tally quick and accurate. and of great
mental and physical endurance for
hard and constant work day in and
day out IL is an office you cannot
afford to trust to q novice
The Ideal District Attorney and Our
Efforts Towards That High Stand
ing.
Both my assistants and myself have
as our Inspiration held IN view the
ideal District Attorney, and while
with earnest effort We have fallen far
short of the Ideal" we have strfven
mate what w believe a District At
torney. clothed with the grave re-
sponsiblites Of the office, should be
II Is an office which to measurabIy {
fulfil requires many versatile attain
ments. for the reasonably efficient Z
District Attorney in this day and time
OF able lawyers and trained and ex-
perienced criminals must be in one. a 1
good civil and criminal lawyer. a I
sood Judge, a safe councillor, an able /
advocate. a student Of men. courte- E
GUS official. and tempermentauy a I
man Of great patience. tolerance and +
charity, and above all he must con-
stanrly and cheerfully recognize that
he is the official servant Of the hum 7
blest as Of the highest He must 4
have the respect and confidence OF the 4
court and the attorneys.
knowledge Of Lawyers.
A personal acquaintance with the /
lawyers WHO engage specially or fire.
quenuy IN the defence Of criminal T
cases. knowledge OF their temper
ment, their ability. their fairness. their
honor their fidelity 20 the court. their
limitations and their possibilities. Is D
most helpful 10 the District Attorney.
as is also helpful 20 him their knowl-
edge Of the District Attorney and his
knowledge Of the methods and fair
ness Of the personnel Of the District
Attorneys office is helpful 20 the
court, TO counsel for defence and alike
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
20 De Reeord Va Mada.

The record made by the district at
tCrney's office was so made by hard.
constant. never ceasing work. not only
on the part Of the grand juries. the
petit juries, the county attorneys Of
flee. the sheriffs office. district clerk
office and Judge Howe. And the rec
ord was made in spite Of many diff
culties i'm the way OF scattered wit
nesses in a number Of old pending
cases when I came into office. The
number Of acquittals would have been
less but for the witnesses in the then
pending cases being cut of reach or
their whereabouts unknown The per
centage Of convictions in cases aris-
ing after 7 came into office is ex-
ceDtioua1lv large
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
No Occult Power Claimed.

Neither Of my assistants. or myself
claim, as does my opponent by his
campaign card claim, to be blessed
with supernatural or even eXtraor-
binary ability. We have no occult
power over the minds and viii OF men
who serve on the grand or trial juries,
but we do claim that the interest Of
the state. your interest. in every case
and in every matter has been well
cared for and in no instance has ever
been neglected or suffered because of
the lacS OF conscientious effort OF
raasonahIe ahIIitv On our nat
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
ETidence Againgf Pendel.

The only evidence 7 could find
which in any way connected him with
the alleged misapplication or misap-
preparation Of the County road money.
was that he had o. KID the road
foreman's pay rolls for road work
done in his Commissioner PendelTs
precinct, and that at least three OF
the pay rolls so o. KID. by him con-
tained an item for $500 for twelve
days services as foreman at $500 per
day. and which item bearing the same
date in each Of the three pay rolls
appeared to have been charged three
times, and II in fact so charged. the
County was thereby defrauded out OF
S72-00. If we assume that one charge
for Saf- 90 Vas cnrract
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
10 THE VOTERS OF THE 34TH
JUDICIAL DISTRICT, WHICH IS
COMPOSED OF Ell PASO, Gull
BERSON AND HUDSPETH
COUNTIES:
COUNTIES:

A S your district attorney, I have now
"A served for approximately Is
months. AS a candidate for reelection
I respectfully request your influence
in support Of my candidacy. and your
vote at the ensuing primary election
TO be held on Saturday, the 9th OF
this month The polls viii open at s
o'clock In the morning and remain
open until o'clock in the evening Of
that day Hence. you can vote at any
time between the hours Of 8 O. m. and
Z p. m. on Saturday. the 2Tth OF July.
NY request for your influence and
vote. believe I have the right to
make because OF the record made by
the district attorneys office during
the brief period I have held the Of
flee
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
How the District Attorneys Office Is
And Has Been Conducted Under
It's Present Administration.

Since I came into office not one
moments delay has been occasioned
by the district attorneys office in
any case OF matter before the court
or grand jury by reason Of any neg
lect, fault or lack Of preparation. OF
lack Of foresight, or because Of a de-
fective Indictment. During office
hours from s a. m. to $50 p N. OF
each week day the office has been
open and some one or more OF US in
the office to serve the public prompt
" and courteously. The correspond
ence Of the office is promptly at
tended to. and the receipt Of each let
ter is acknowledged the day it IS re-
ceived. The office and its affairs are
conducted in a methodical business
like way. as we believe in the time
saving economy Of system. method
and the wisdom Of the rule-'Do It
now" and, hence, we endeavor to
manage the office and its affairs in
the same methodical way as is man
aged a railroad office. a bank. a mer-
camille or other well managed busi-
ness institution. We believe the peo-
pie appreciate and demand system in
the management Of public offices
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
So GO for the Sc.

We have never requested. nor have
we ever objected TO. the employment
OF special counsel to assist in the
prosecution Of any case. and whenever
special counsel have been employed
10 assist US, we have always welcomed
them And we have insofar as the
interest Of the state could be sub
served deferred 20 their wishes, and
II at any time OF on any question We
differed. they very readily convinced
Us that their view was the sounder,
or we as readily convinced them that
our view was the correct one As
we were Striving for the one pur-
pose. and that to do the best we could
for the state in UNFOLDING It's laws in
the given case, we were glad TO adopt
the course or method. which after
discussion, was unanimously deemed
hest
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20

helpful to counsel who may assist lla
state. for as we know each other pct
ter, the better we get along togetner-
The Deeorous Trial Of Two Csie-
brated Murder Cases.
All this is exempIified by the fact
that in the comparatively recent trials
Of two very celebrated capital cases
in which were engaged special counsel
for the state. and a distinguished ar
ray Of counsel for the defendants, In
neither case was there not an tll-tell-
pered word uttered Dy either Of the
attorneys throughout those strenuous
trials Each case was tried with
decorum. which regrettably was so
exceptional in cases Of such intense
interest, that IL was the subject OF
commentator. The court should not
ever permit lawyers to make q rough
house Of the court room. and judge
Howe never does The ethical lawyer
is never offensive The bigger the
lawyer. the easier e is to get along
with him This. however, is the uni
versal rule, for the great man or
woman is too big to think themselves
great-they are big enough to know
that the greatest man or woman who
ever lived was nothing more than
man or woman The greater they are
the more democratic they are. the
more easily can they be approached
for they are ever ready to help.
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
Protect the Innocent and Prosecute
the Guilty.

The district attorneys office. as it
is now administered. believes that It
is as much the duty of the district
attorney to protect the innocent as It
is TO prosecute the guilty. The state
Of Texas. the people Of the district,
you would not sanction the couvic-
ton Of any citizen. or the stranger
within our gate, unless he or they
were guilty Of transsressing the
criminal law and not then unless by
the due and orderly process Of the
law, and then only when the guilt Of
the defendant is established by legal
evidence beyond a reasonable doubt.
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
You VIII Approve

and agents has been and is Of ma
terial aid to the District Attorney E
office and we appreciate and thank
them for their cooperation The news
papers and their editors. the churches
and their ministers. always powerful
auxiIiaries for the moral uplift, for
good. for law enforcement. have been
Of great assistance to US in creating
a more wholesome respect for the
law.
Federal Authorities.
The United States District Attor-
uey's office. with its most efficient
local Assistant Judge Richard Z.
Crawford. the MarshaTs office. the
Treasury officials. immigration off
Gals. Special Federal officials ard
agents. the Post office and its off
cials and inspectors. and the Military
authorities. and the private Detective
Agencies. have cooDerated with US at
all times as we have with them. and
for their assistance we are most
grateful Knowing many Of them il
person as many Of them know US.
knowing each other dependable. the
mutual acquaintance is invaluable 10
this office. and I trust is Of like ser
vice to them.
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
Re crew Of the cantaiu's gig"
In Serious Truth.
Pendel Matter.

As I am informed it has been stated
by one individual and is being stated
by another. that because OF some i'm
proper motive failed to prosecute
county commissioner George Pendel
for his alleged malfeasance in office.
To those who know me and my Off
ctal integrity. such a statement would
be ridiculOusly absurd. II commits
sioner Pendeu was indicted for NAL
feasance in office or upon any other
charge. and there was evidence to sus-
tain the Indictment IL goes without
SAYING that I would prosecute him
willingly and vigorously. The two in
dividuais above referred to. are the
only two individuals I'm this entire
district whom I have heard Of as be-
ing so reckless as TO reflect on my
official integrity. But as both are
candidates and one my opponent.
forgive them, as they know not what
they do
The Facts Of the PendeI Matter.
Soon after assumed the office Of
district attorney, Dr. White, OF Ysleta.
came to me saying that he believed
there had been misappropriated much
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
The Proper Creed.

Ny political and official creed Is
rot fewer indictments" for you
know the number OF indictments must
or should be commensurate with
crimes committed. and the decision
alone Of the grand jurfes nor is my
creed more convictions" but TO care
fully prepare every case to be prose-
cuted for trial. to present all the evil
cence Obtainable, argue the case fair
y and fully. and then leave the case
where the law says IL shall be left
with the trial jury to pass upon the
guilt or innocence Of the defendant
Nor is my creed economy" when
that old worn out fossil, as applied to
the district attorney. can mean moth
ing but a puny attempt TO hoodwink
and mislead. but our creed is by time
u preparation to speed the trial Of
cases as we have done. try them un-
derstaudlngly and thus save the court.
the jurors and the witnesses useless
waste Of time, which means economy
and the only economy the district at
torney can practice. If reelected. in
part my official creed will be the
same during my second term as during
the first and that is. 10 regard the
time Of the business man who may
be called as a juror or a witness as
valuable 20 him. and that being bust
ness men, their sacrifice Of time viii
be so respected. that every case will
way and without aVoidahle delay. for
when this Is done those called as
jurors or as witnesses feel that none
Of their time is trifled away. that no
more Of their time is taken than is
necessary. The main objection the
business man has TO serving as a iu-
Tor or being a witness. is the time
wasted by avoidable delays-but no
such AFFECTION is applicable to the
3ath district court
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
= Grand Jury Indictments.

GRAND 1urIes DO and slCuId often-
times indict. that the supposed Of
fender may be held for further inves-
LEGATION. The grand jury often indicts
upon ex-parte or one sided evidence.
they often indict upon evidence insult
ficient TO convict. they often indict
IN misdemeanor cases. which ludict-
Dents are by law sent to the county
court. and with the trial Of which the
district attorney has nothing to do
They often indict when they believe
the accused guilty and yet doubt If
the evidence against him is sufficient
TO convict. II in doubt in any case
they indict because they know with
out an indictment there would be no
way for the district attorney to pro-
coed with an Investigation Of the de-
PENDANTS guilL the grand jury very
properly resolves all doubt against
the accused, and If in so doing an in
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
District Attorney Booted Out.

We believe that District Attorney
who would be so unmindful Of Off
cial propriety, so disrespectfuI as to
attempt TO dictate to any self respect
ing Grand Jury that they must return
fewer indictments than they deemed
it their sworn duty TO return, would
be made painfully to feel the heft OF
the foreman's boot 10 emphasize his
order for the extensively officious
District Attorney to leave the Grand
El Paso herald. (El Paso, Tex.) 1901-1931, 1918-07-20
lime and Money Saved.

BY timely preparation in advance
Of the trial. we speed the trial, facili
tate the progress Of the Court. save
the jurors and witnesses useless
waste Of time. and save the County
money And this is our method. and
it is the only possible method for
economy on the part Of the District
Attorneys office. as the office ex-
ponds no public money. creates no
debts. makes no disbursements and
handles no public money The office
is handled in a business way and as a
business office