El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-05-08

ley sullivan vagrancy case came up be
, fore Justice Ellis this morning ant
, after an hours delay q jury was finally
, procured and the trial began with AT
| tOrney Eyler representing the STATE
, and Messrs. Richardson and Townsend
the defense.
A wrangle between the attorney.
first took place concerning the warrant
on which Curley had been arrested
The objections of the defense were
ever, and the taking of testimony com
menced. ~. ..-..
THE EVIDENCE.
Chief of Police Lockart was the first
witness. He testified that short time
ago boy found in the plaza by Sulli.
van was taken to little room next to
Salvini's and inveigled into skin pok-
er game and robbed of his watch.
The time piece was afterwards given
up by Sullivan and identified by the
boy and the place closed. ~
A hot fight took place between the
lawyers as to the admissibility of the
evidence but it was admitted.
He then started out to tell of man
taken from the Santa Fe depot by Sui
livan to COllins's place and skinned, but
was interrupted by Attorney Townsend,
who said:
SIN the name o. God is the court go
| ing to let this witness testify about
things he has heard from others? l de-
maud that this evidence he excluded
| from the jury"
"If have to tell only what know
of my own knowledge or have seeu."
said the chief, "then 1 have nothing
more to say. If q man is robbed and
comes to me with his statement and 1
| investigate it and find it to be true,
will it be admitted?''
II will admit that kind of evidence"
said the court, but Sullivan's lawyers
were on their feet in an instant and
objected, citing the law of evil
dence.
''I will admit such testimony as the
chief found to be correct upon investi-
CATION in his official capacity" ruled
the court and the witness was told to
proceed.
Judge Townsend however objected
missible in court of justice and that
the witness might Investigate until the
crack of doom and unless he saw the
things himself no court in the land
would permit him to testify against the
defendant.
Attorney Eylar admitted that such
evidence was not admissible ard the
witness proceeded to tell of instances
which had been brought to his own
knowledge.
"Do you know whether Curley Sulli-
van ever follows any honest employ
ment?" asked Mr.. Eyler.
He does not. One of the men who
complained of being robbed" said the
chief, went away and was not here to
prosecute Sullivan, but 1 will say that
the next man who complains will be
put under bond and I'll bet he'll be
her g when wanted.'
The witness was excused.
HENRY HEP CALLED
Henry Heep, a deputy sheriff, was
next called to the stand.
He had not been acquainted with Sui
Hvan's career of late but knew all
about him two or three years ago.
Objected to by Mr.. TowDsend and
witness was excused.
Charles Davis, Jr., was next called
by the state.
Witness did not know how Sullivan
made his living and did not know
whether he was gambler or not, but
had heard.
Cross examined by Attorney Rich
6rdSOn.
Are you democrat?"
81 am"
Excused amid laughter.
D. S. Farrell, for the state, said he
was acquainted with defendant and had
seen him gamble, could not recall when |
but thought he had seen him play at
Salvini's bar room. s
Had not seen much of Sullivan dur
ing the past few years. 1t |
In reply to cross question witness
said he is democrat and was then ex-
cused.
Policeman John Taylor for the pro |
secution said he had known Sullivan !
to run poker games in different parts !
of town and had never known Mr. Sui !.
livan to follow any honest employment |
during the past two years.
Cross questioned by Richardson.
OF his own knowledge never knew ,
Mr.. Sullivan to gamble in his life, ex-
cused.
Pat Dwyer was next called by the
prosecution.
OF his own knowledge he never knew
defendant to gamble; had known wit
ness two years and never knew him to
do any honest work during that
time.
whilst an officer.in this town had
several calls to help catch Sullivan
for confidence games, but never knew
OF my own knowledge of any cases to
which he was party"
Cross questioned by Richardson.
Are you a democrat?
Yes sir: always have been and am
now. Qaughter).
81 thought you fellows found that
out last election day." interrupted
Policeman Taylor. !
funse. Witness said Sullivan resided