El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-10-18
He was Found Guilty. as
Charged, by the District
Court Jury.
WELL KNOWN "CON" MAN
Who Has Been a Familiar Figure In
El PdsO for Years nd Who Has
Helped to Entertain Many
Strangers, Will be Missed From
His Usual HauntS.

1t took the district court jnry exact
ly fifteen minutes this morning to find
J. L. Sullivan, alias Curly Sullivan,
guilty of theft from the person, as
charged in the Indictment.
| His punishment was fixed at five
years in the penirentiary.
During the proceedings this morn
ing Curly wore an anxious expression
of countenance and when he heard the
verdict he was completely crushed.
His Attorney, D. A. Richardson,
made vigorous fight, but it was un-
availing. AS last resort, fully real
izingsthe hopelessness of his case, Curly
made clean breast of it and ad mitted
having picked up Martins money
from the floor, but denied having
picked Martins pocket. He evidently
hoped by this subterfuge to dodge the
charge of theft from the person, but in
that he wac disappointed.
JURY COMPLETE.
Otis COles was the last juror accept
ed and he made up the requisite
twelve. The other two secured ester
day afternoon were w. r. K-pdall and
w. G. Wellington.
Coles did not appear in the court
room promptly after he had bee n sum-
the court ordered fine of $25 entered
against him. He finally appe ared,
however, ano explained to the court
that the sheriff told him that he would
have about ten minutes to reach the
courtroom and as he had a customer in
his buggy he concluded to show GER
tain property TO him. beliving that he
hsu ample time 10 do so.
The fine was remitted and after the
jurors had been sworn and the wit
nesses put under the rule the case
went to trial at exactly 4 o'clock.
ADAM DIETER.
Adam Dieter, bartender at the Sen
ate, was the first witness. On direct
examination he said that on the night
of September % he was tending bar at
van and James 81. Martin in the
saloon.
Sullivan came in first and Martin
came later with q roll of bills in his
hand. Martin asked that the money
be taken care of, but while witness
was drawing glass of beer for Max
Schultz. Martins money disappeared.
Martin said he had been robbed and
the witness stepped from behind the
counter and said that no one should
leave the room until the money had
been recovered. Sullivan suggested
that they look for it on the floor. Act
ing upon the suggestion, witness pick
ed up $40 out OF 8 Sp1ttOOn.
When Martin came in he was right
close to Sullivan.
Cross examined byAttorney Richard
SOD.
ST did not see Martin lay the money
on the bar. He did not lay it on
the bar and afterward rake it off on
the f1oor.'
Policeman J. L. Taylor came in later
and was not there at the time the
Constable Ten Eyck, Sailor Jack and
J. J. Pauly came in afterward.
Witness was temporarily excused,
and Max Schultz was called.
MAX sCHUTz.
Witness said he went into the Senate
saloon on the night of September % to
get glass OF beer and glass of lem
onade aud while leaning against the
bar he was told that q man had been
robbed. Dieter said no one should
leave the house until the money was
recovered and sent for q policeman.
Witness saw the defendant take sew
eral bills out of his vest pocket and
pass his hand behind him toward a
Defendants friend did not take
the money, and then telling Dieter
to look on the floor for the lost
money, went toward a spittoon
and tossed the money into it while pre-
tending to spit.
Cross examined, witness stated that
when the money was tossed into the
spittoOn he was not positive whether
or not it was money but it was after
wards proven to be money.
Redirect-Witness ssaw two $40 bills,
each of the value of $40, laid on the
counter after they had been taken out
of the spittoon.
Cross examined--How many bills did
you see?
Mr.. Dieter counted $40, $40, $40,
etc.
Did you see any $40, bills?
No, sir.
MARTIN ON THE STAND.
James Martin, the man who lost the
money in the saloon, testified that he
was at the time of the occurrence emp
ployed as section foreman at Anthony.
Witness said: I lost about $2O in the
saloon. placed the money in my left
hand coat pocket and it was jerked
put. l had not given anyone my con-
sent to take the money.
Cross examined.
"How much money did you have in
that pocket?"
''Thirty-fve dollars
How much money did you give Mr..
Oieter?"
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