El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-18
The BURNS
WILL CASE
Is Nearing Completion, and
the Lawyers Are
NOW READY TO ARGUE

NOV nIhOI ~ nuOOG
A Few More Witnesses To Examine. |
and the Case Will Probably Be De-
cided Tomorrow.
The Burns will contest in the dis |
tYict court Is rapidly nearing its end |
and the lawyers will probably begin |
their arguments today.
One or two witnesses are yet to be
examined and such testimony as re |
mains to be heard will doubtless be |
concluded this forenoon. IL 10 under |
stood that . legal proposition
concerning the case will first |
be argued aud then the |
attorneys will follow one another with |
addresses to the court concerning the |
law and the evidence. The argument
will probably be concluded by Satur
day at noon and unless Judge Walthall
wishholds his decision day or two to
consider the important features OF the
case, it will doubtless be published In
Saturdays HERALD.
The proceedings OF the trial yester-
day afternoon were decidedly tame,
when compared with the sensational
evidence given by witnesses during the
forenoon and the previous day.
Soon altar Geo. X. Harvey, the
court stenogrspher, had finished read
ing che testimony of Constable Farrell
given on the former trial, considerable
stir was created among opposing
counsel when Mr.. Coldwell asked that
Mr.. Harvey be sworn az witness.
They were at loss to know just what
was coming.
The witness was asked to
state whether or not Charles
Patterson had 1t the former
trial testified that he visited Burns IN
the spring of 1898 and asked him for a
settlement and Burns replied that he
would remember Charley and told him
not TO worry"
Patterson on cross examination at
the same trial corrected this statement,
saying that IL was in the spring of 1897
instead of 1898 when the conversation
occurred.
When asked concerning the state
ment Wednesday Patterson denied that
he intended saying 1898 but that 1t was
simply an erroc in dates. He and At
torney Coldwell became considerably
wrought up over the incident during
the hearing.
Mr.. Harvey when asked whether or
not Patterson had made the statement
as recorded in the transcript replied
that he did.
Cross questioned by Judge Falvey:
O.-Wa nov an eXplAndtlOQ 10 LQlS
statement made by the witness?
Ayes, on cross examination.
Judge Coldwell objected on the
grounds that witness was at the mo-
menti in the courtroom and could not
be examined on the subject.
1.-THE witness hadn't been off the
stand when he corrected himself, had
he, Mr.. Harvey?' asked Judge Fail
vey.
No, sir
Falvey:-Your honor, we want to
prove by the same evidence that the
statement was corrected.
"I think" said Judge Walthsll,
that according to the agreement you
may refer to the record of evidence
taken in the county court as much as
desired"
The statement of Patterson, correct
ing himself, was thereupon read and
will 90 in the transcript to the supreme
court In event the case is appealed.
The testimony of Horace B. Stevens
and n. II. Wood, the two real estate
agents, given on the former trial con-
corning the reputation OF G. B Patter-
son for truth and verscity was read
by the court stenographer. Their testi-
mony WAS published when first given.
Both then asserted that Patterson
was unworthy of belief under oath and
gave their reasons for forming the
opinion.
The next witness called to the stand
was Richard Tsbin, barkeeper at the
Gem.
He said he had recide1 In FL Paso IA
years and had known James Burns
ever since he had been here. Witness
and Burns were intimate friends, Wit
ness assisted Burns financially when he
first came to FL PasO.
A week before Burns left for Los
Angeles he and witness had a CONVEX
sstiou about the disposition OF Burns's
property.
Burns explained that he had made
up his mind to go away and that he
might die while absent He said he
felt easy however, for he had made his
will and left all his property in the
hands of ]. j. Taylor. Burns asked
witness IL he did not think that ne had
done right and witness said he had.
WIFI H;9"Aa' did Burns say about his
AIT that particular time he said
he had willed everything to Lamb and
two nieces in Ireland; remember
distenctly that he said he wa ted his
nieces to get all of his property
When did this conversation take
place?
In April about week before Burns
left town.
How many times did Burns tell you |
that he intended leaving his property |
to his Irish kindred?
He always told me tn at and besides |
| used to write letters for him, to Ire |
land to Lamb and family and in these |
letters hc would tell them that a will |
had been made in their favor. He sent |
them money two or three times up to |