El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-05-29

an exception, contending that the
court should either have fallen back
on the common law or followed the old
| jury law, the latter method having
been recently sustained by q supreme
court decision.
Court adjourned until this morning
to allow the sheriff to summons the
other venire.
The failure OF the territory's witness.
Jack Maxwell, to attend court created
great CONSERVATION among the attor-
neys for the prosecution. Pat Garrett,
the tall slayer of ''Billy the Kid" i'm
mediately left in haste for Three Riv-
ers to arrest the witness and bring him
in. Maxwell is said to be i'll at Tula-
rosa and unable to travel. He is con-
sidered the most important witness for
the territory and without his evidence
the prisoner will readily prove an alibi.
Ell Pas6HERALD Bureau. Hillsboro,
May 81, via Lake Valley, N. M, May
28.-Court opened this morning
promptly at ten o'clock and the first
act of the defense was to file q chal-
lenge to the entire special venire sum-
monsed according to Judge Parker's
ruling of yesterday.
The objections when reduced to
writing are as follows:
Now GOMEZ Oliver Lee and James r.
Gilliland in their own proper person
and enter q challenge to the special VEN
ire for talesmen and to each separate
tslesman' and for grounds of such chal-
lenge show
1st. Because the same were not
chosen and selected in the manner au-
thorized and directed by law.
I'd. Because the said talesmen
we're selected by commissioners ap-
pointed by the court which is wholly
Unauthorized by law.
Sd. Because the said list of talesmen
lie not made in manner and by the per-
sons required by law.
A. B. FALL,
II. B. FERGUSON,
81. M. DOUGHERTY.
Attorneys for defendants.
The prisoners and their attorneys
retired for q five minutes consultat ton
and then the sheriff called the names of
the special venire of twenty four tales
men summoned since yesterday at 2
O'Clock. About fifteen answered and
they lined up inside the rail and were
questioned by the district attorney re-
sulting in the qualification of twelve of
them. These were told to remain in
the court room until the other members
of the special venire arrived. Court
then took recess until 2 p. m.
AFTERNOON SESSION.
The afternoon session was of less
than one hours duration. AS soon as
court convs ned the Kingston con,in-
gent of the special venire of talesmen
was called and the prospective jurors
took their seats one by one in the box
and were subjected to the usual tests
touching their qualifications to serve
on the jury, by Prosecuting Attorney
Barnes.
At precisely ten minutes before
three O'Clock the last man needed to
complete the panel was obtained. He
was juror Nichols and he would doubt
less have been rejected but the special
venire WAS nearly exhausted and the
defense feared that they might be
compelled to wait several days longer
for the summonsing of another venire
of talesmen. Owing to that fact
the last juror was accepted and the eel
ebrated Fountain murder case was an
nounced ready.for trial.
THE JURY.
upon the guilt or innocence of o. M.
Lee and James Gillilsnd follow:
Thomas !Maher. Henry Patrick,
Oscar Greeley, Prsjedes Torres, Tom as
Chavez. Thomas Ingils. Louis Kruse,
A. Bentley, Abel Chavez, August
Reingardt, John E. Wheeler. r. A.
Nichols.
AS soon as the jury had been sworn
in and instructed to refrain from talk
ing about the case or with outsiders,
court adjourned until Monday morning,
on request of the district attorney,
whose associate counsel had not arriv-
ed.
Monday tie trial begins in earnest.
Jack Maxwell will probably be the
first witness If Garrett catches him.
On the stand when the McNew preli-
minary hearing occurred Maxwell tes-
tilted that he was stopping at Lees
ranch the day of the Foun ain murder
and that late in the day Lee Gill;
land and McNew came in on faded
horses. He reluctantly gave other
evidence damaging to the defendants,
admitting that he had said that he
feared to testify as he wanted to live
in Otero county. On cross examine
ton witness told Judge Fall that Gar
rett had signed a contract to pay him
$4,000 for his evidence The contract
was missing.
SNEED.
Moving Pictures Tonight Free.