Jeff Morey
“Provables”?
Fri Aug 30, 2019 14:53
198.47.49.251

Gary,

It’s good to see you back on this Forum.

I don’t know what to make of the question to Billy Claiborne asking if he “enjoyed” watching the gunfight. It’s hard to understand why the Prosecution didn’t object to it on the grounds that it was irrelevant. As for the two questions directed to Ike Clanton, Steven Lubet called such questions, as I recall, “provables”. The purpose for asking such questions was to find out how the witness would respond and then, when the case went on to full trial, those answers could possibly be impeached by other witnesses and more conclusive evidence. Of course, this case never went to trial. So, we don’t know for sure if this, indeed, was Fitch’s strategy. But, the question about Ike having sent a telegram for reinforcements could have been definitively answered by the telegraph operator. Yet, that telegraph operator was never called to the witness stand by the Prosecution or the Defense. It has always seemed feasible, to me, that calling that telegraph operator to the stand as a witness may have been a contingency Fitch was reserving for the possible future trial. I’m not saying such was definitely the case. I’m simply offering it as a possibility. Since this was merely a preliminary hearing, there remains a very good chance that Thomas Fitch did not play all of the cards he had at his disposal.

My Best,

Jeff Morey

  • Lack of Stuff?Gary Roberts, Fri Aug 30 08:39
    Tom, I'm not sure what your problem is with Fitch's questions. His job was to raise doubts about the prosecution's case by impugning the testimony of the prosecution's witness (and using some other... more
    • P.S.Tom Gaumer, Fri Aug 30 22:56
      Gary "Tom, I'm not sure what your problem is with Fitch's questions. His job was to raise doubts about the prosecution's case by impugning the testimony of the prosecution's witness (and using some... more
      • "What kind of pistol?"Steve Gatto, Sat Aug 31 05:24
        Tom, One of my favorite examples of clairvoyance between Fitch (presumably it was Fitch asking the questions) and a witness occurs in Hatch's testimony when describing Doc's pistol: "Q. What... more
        • This can get a little complicated--Yes?Tom Gaumer, Sat Aug 31 12:27
          Howdy Steve With contradictory information it is hard to understand what was going on. The question of Doc's armament and how he used it is a tough one. Fitch would not give up on a story he found... more
      • Are you serious?Jeff Morey, Sat Aug 31 02:40
        Tom, Are you being serious? Do you actually believe that Thomas Fitch was wickedly trying to hoodwink Wells Spicer by posing the questions you cited? I swear, sometimes I think you have lost your... more
        • Senses! I don't have no stinking senses!!Tom Gaumer, Sat Aug 31 13:22
          Jeff I think the lying Fitch was using is usually used in cases where a jury is present in hopes of poisoning the thinking of a least one to get a not guilty. Can also be used to undermine a witness... more
          • You outrage is outrageous!Jeff Morey, Tue Sep 3 08:51
            Tom, Your sense of moral indignation is histrionic. hyperbolic, excessive, extreme, over-the-top, exaggerated and woefully unconvincing. Fitch isn’t “lying”. He’s asking Ike Clanton questions. Does... more
            • our outrage at my outrage you perceive is funnyTom Gaumer, Wed Sep 4 04:50
              Jeff I'm not outraged just observant of ethics by sleazy and/or tricky lawyers. Obviously a lawyer’s questions and the answers are meant to influence the jury and/or the judge and now days the... more
              • You are just repeating yourself. (nm)Jeff Morey, Wed Sep 4 07:36
                • Jeff no testimony by the telegrapher or the gun clerk and ignoring anything else that might reflect on the questions. And we are both happy. Sounds good to me. Keep Laughing Tom
                  • Incomplete casesBen Harleman, Wed Sep 4 21:30
                    Hi Tom, I've always regarded the cases as incomplete, due to the fact that both sides were probably keeping their powder dry in case they went to a full trial. I'm not applying this to any specific... more
                    • I think you are right and it makes dealingTom Gaumer, Wed Sep 4 21:57
                      HI Ben with some of these issues difficult to impossible as we just can't know everything about their positions and tactics about a possible trial. Keep Laughing Tom
    • “Provables”? — Jeff Morey, Fri Aug 30 14:53
    • Gary, Gary, Gary - Since You and I have neverTom Gaumer, Fri Aug 30 13:02
      Gary met or communicated before I can understand why you might be unaware of the existence of a red tail and black horns protruding from myself. Had you that knowledge you might be more sure of which ... more
      • Fitch's legal skillsGary Roberts, Sun Sep 8 14:19
        Tom, I'm not a lawyer, nor do I play one on TV. Nor do I claim to be an expert on legal history or Tom Fitch. But I continue to be troubled by your concept of legal practice and what you call "lies." ... more
        • Fitch ethical/lying problems and legal skillThomas Gaumer, Mon Sep 9 00:54
          Now, you may have a record of Fitch's lack of character, dedication to winning at any cost, and lying, but, though controversial at times, I have not seen the case made. And I disagree that the... more
          • Hell, TomGary Roberts, Wed Sep 11 13:13
            I've been trying to figure out this bloody half-minute since 1957. It hardly seems worth the effort, looking back, but I don't regret it. I'm tramped the streets of Tombstone figuratively for all... more
            • Hell GaryThomas Gaumer, Thu Sep 12 12:34
              I don't expect to figure it out, having gone from one view to another and back again several times. However there is one thing I am sure about Everyone agrees that Gary Roberts is someone we should... more
        • so I have no reason to respond to your biography of Fitch as a well known and famous and accomplished man and will skip that. I also used the word lie to focus on the issues, apparently it worked... more
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