El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-05-30
ARGUMENTS
In ORDER
Attorney Dean Scathingly
DenOunceS Price.
THE DYING STATEMENT
Arguments Continue TOday.-SenatOr
Yantls And Mr.. Stanton Have
Each to Speak Yet.-Rev. BlOyce

Yantis And Mr.. Stanton Have
Each to Speak Yet.-Rev. BlOyce
Also Denounced by Mr.. Dean.
After the last remaining witnesses
had testified in the Price murder trial
in the district court yesterday after
noon, District Attorney Dean offered
in evidence dying statement made by
the deceased 9. E. Mulhern. and taken
by Nicholas Mersfelder. justice of the
peace, at Fort Davis. The defendants
counsel objected to having it admitted.
aud the jury retired while District At
torney Dean read it to the court.
Judge Walthau decided that it
should be admitted and Mr.. Dean read
it to the jury when they returned.
It Is as follows:
81 wish to make q statement. 1 feel
as If can't get we'll. l was at the sa-
loon. We were shaking dice. Shak-
ing for the beer. Some way or other
Dave James rame was mentioned.
Price said James had done . dirty, low
down. sneaking trick in coming out for
sheriff. 1 told him Dave James was as
good a boy as ever met. and said:
Mr.. Price, you won't tell Dave James
that. He said he would. Then he Jump
ed On chair; I says: Get down off
the cbeir; there's no use standing on q
chair. He jumped down and put his
hand on his six-shooter. When
he started to do that Il
Jesse Pruett went up and caught hold
of MIR. Price and said something about
not fighting, and when he stepped in
between look my hand off my six
shooter and was talking with J-sse.
We all three were right together, and
Jesse was saying something use
having a fight" said: 1 don't care
about fighting. Jesse Pruett had one
hand on Prices shoulder and one hand
on my shoulder when Price ran his
hand past Jesse's body and fred the
shot and shot me and fell. Mr.. Price
ran his hand around Jesse's body and
then the pistol went off and fell. and
Price ran around the billiard table, put
his pistol over the table, and fred two
shots from the opposite side of the table
before fired at all. That was after
time got my six shooter and partly
emptied it at Price after fell on the
floor. When be stood at the billiard
table he fired two shots after the first
shot. Price ran out toward the door aud
fred at him. Then l got weak. |
Painting spell, but don't remember. |
The first shoot hit me in the stomach. |
any effort to shot IN til was down on |
the floor.
Il believe in q hereafter and be
lieve in future rewards and punish
ments. now make this statement in
the belief that have no hope of re-
covery, and from a sense of impending
1eath.
c. E. MULHERN."
After reading of the statement both
'ides closed their case. The witnesses
" ere released from the rule of remain
ng OUTSIDE, and all came in the court
DOM. District Attorney Dean then
began his argument for the state.
Mr.. Dean began his argument at
clock and continued until long after
i've. He severely arraigned the wit
less Price and Rev. Bloyce. I
Price, he said, the jury should re- i
member was lawyer and be know s
v hat would benefit him when he came
o face jury acd everything showed
hat he had begun at the very start to
manufacture testimony for himself
why did he Immediately l
Vhen he returned to the saloon with s
lis pistol in his hand, say to Tom 6
hawthorne, II had to do 1T, didn't 1, r
'om?''
''He foresaw," Mr.. Dean said, that
II swthorne answered Yes, he would
e asked at the trial Didn't you say
efore that had to do it?' He said the c
anne to Mersfelder and to Pruest, and
Q said TO Stampe, 4 had to do it. Re- Q
lember that -
He said Price had evidently got the
artridges and gone to the saloon with
ne intention of finishing up his work, =
ut finding that Mulhern was already :,
yiog the thought occurred to him to
some more testimony for
imself and he knelt by the side of his q
!ctim and tried to give him relief.
Relief.' Numbered tee district attor-
ey. Great God, didn't he know full
ell that the greatest relief he could
resence. But he preferred to remain q,
nd gloat over his victims sufferines VI
nd watched his death as ony." g
Mr.. Dean also denounced Rev. q
Joyce, calling him s'a wolf in sleeps
otnine," and disgrace to his cloth.
Mr.. Deans argument closed the days q
,ssion.
.ToDAY's SESSION.
At the opening of the district court
lis morning Senator Yantis made II
le opening argument for the u
sfense in the Price murder trial.
enator Yantis throughout the 9,
hole argument tried to show that the Il
terview in the ware room between
.ulhern and Pruett was a plot in
hich the two men agreed to kill Price. IL
Yantis made savage attack on
rustt's testimony, and while it must
3 admitted that Pruett Was &C
acertain in some of his statements,
lere was no evidence to contradict the
ct that he was doing his best to stop ly
lie difficulty. Yantis repeatedly rid
uled the arguments as advanced bv -
r. Dean, which were in a measure "
mewhat uncalled for, and will have
title weight with the jury. Mr.. Yam in
3 left some openings in his argument
at will undoubtedly be taken advant-
re of by MIR. Dean. CT