El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-12
Several Lively Tits in the
Court Room Between the
Attorneys
FOUNTAIN NOT ACTIVE
In Procuring Indictments or Trying
Cases Against Alleged Cattle
Thieves in January, 1896.-Lee
Made Deputy to Disarm Williams.
Numa Raymond sSaid to Have Of
fered Five Thousand Dollars For
the Lives of Lee and Fall.
the Lives of Lee and Fall.

the Lives OF Lee anu Fall.
Special Correspondence of the HERALD.
HILLsBoRo, N. NJ, HERALD Blu
reau. June 9, via Lake Valley, June TO-.
-[Exclusive.] -Oliver Lee WAS still on
the stand when court reconvened this
morning.
Mr.. Childers, continuing the cross
examination, asked the witness it he
knew any thing about what Judge Fall
did to secure the appointment OF Fat
Garrett as sheriff. Witness had heard
q good deal of talk ABOUT 1t, and had
had some conversation with Judge Fall
about it, but could not recall the exact
words.
O.-Didn't Fall try to get Garrett
appointed sheriff so as to Keep Numa
Raymond out of the place!
Al know nothing about that.
Mr.. Childers asked several more
questions along the same line. when
Judge Fall objected to continuing that
line OF examination. The court, ex-
planned that the testimony WAS all
along the same line chat haQ been
pursued, to try to establish THE fact
that Lee had reasons to and (dio in
fact resist arrest. Objections were
withdrawn, and Mr.. CnilderS asked
witness If Fall did lot make a "trip to
Santa Fe for the express PURPOSE of
getting Garrett appointed as I sheriff.
Witness did not so understand it. He
understood that Garrett came to Fall
for his aid and assistance.
Odd you know Charle Is Bodius
and Mark COffelt?
Ayes.
Odd you have anything to do
with killing them?
Here the defense opposed strenuous
objection to the method used by coun-
sci for the prosecution. Judge Fall
Iii la6 l~,,%
went on TO state that 1t was incom-
petent to introduce evidence relative
to indictments merely. No evidence
not relating to the case at issue in
some way could be considered COM
petent unless conviction was shown
in order to impeach the OK aracter or
credibility of the witness.
The jury was Withdrawn and the
question argued st considerable length.
Mr. Catron said that the Case had been
proceeding on acquiescence by both
parties that allied issues might be gone
into. He contended that indictments
might be brought up as evidence to
impeach the moral character of wit
ness.
The court opined that in trial for
murder especially, the rule as 70 com
and after asking If the prosecution had
any authorities to produce on the sub
ject he ruled that questions conc erning
Indictments where conviction was not
had, were inadmissible. !
The cross examination was here end
ed and Judge Fall questioned the wit
ness as to the conversation with the
Pinkertou detective in Falhs Office.
Q.-What reason did 1 give Mr..
Frazier in your presence as to my rea-
sons for not desiring YOU to state your
Whereabouts at the time of the Foun-
tain disappearance?
"A bout like this, 81 will advise
Mr.. Lee professionally not to make any
statement now, for If he does those
will try to break down our case"
Witness testified that he had been in
several business ventures with Judge
Fall since 1889. besides the profession
al relations that existed.
WHY RAYMOND WAS INSPECTED.
O.-You stated on cross examination
that you thought Llewellyn, Lehman,
and Nums Raymond were against you.
Have you any reason to think that