El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-29

that she and her husband were living
like cats and dogs and she just wanted
to prove that they got along as well as
might have been expected; that her
husband was no saint and she was none
and they had their little spats once in
while.
The court told her not to go into de-
tails and she left the stand.
John York, attendant at Hotel Dieu,
who shaved Rich and assisted in the
operating room, said he remembered
Rich whens he was at the hospital
and did not consider him rational dur
ing the last few days before he expir-
ed.
Cross examined by Captain Beall
witness said Rich did not state to Mr..
Roseman while he was in the room
that Mrs. Rich shot him. At that
time Rich was rational. Witness was
excused.
MOTION TO DISMISS.
Judge Wilcox, at this juncture, NOV
ed that the court dismiss the case
against defendant on the grounds that
the proof in the JusreZ court was not
taken according to law by the treaty,
and the documentary evidence was not.
accompanied by the warrant from Mex
CO; and because no demand for extradi-
tion had been made and presented to
had elapsed since her arrest and de-
tention. The foregoing motion was in
writing and filed with the court.
A motion was also filed that the
dying statement be struck out because
it had not been taken in accordance
with common law rules of evidence and
that Rich was then not rational.
ARGUMENT.
Captain Beall commenced his argu-
ment at eleven O'Clock. He read
frequently from the international law
now existing between the two coun-
tries Is contained In the treaty recent
ly ratified by both.
Captain Pesll, after reviewing the
law, tackled the evidence and made |
out strong case against the defend |
ant.
1--WE have no eye witnesses to the |
said he;''darkness rests |
upon it. The crime was so dark, so |
bloody that Providence refused to !
let the sunlight of Heaven !
shine upon it. During the !
darkness when crime is ram |
pant, but yelled from the eyes of men, !
Rich was shot
''We will 60 back of the crime and !
BY the testimony introduced in this |
court may be able to uncover this mys-
cry and expose the perpetrstor Of
This cruel crime. I
MRS. RICH EXCITED.
LET US go into the home and ex |
mine the bed where Rich received the |
wounds that caused his death. The
blankets and sheets are spotted and
,he mattress is pulled over as if to ;hide
evidence of the revolving crime. -
Its untrue Every word you say
about that bed is falseT" exclaimed
Mrs. Rich. worked into a frenzy and
obbins Historically. The court called
IN the marshal to quiet the prisoner
Ind Captain Beall went on with his
speech as If nothing had happened; the
woman, however, continued to weep.
"We have evidence that Rich went
% his room," said the lawyer, Sat 9 or
o o'clock that night. That Ia the last
IccOunt we have of him until the next
morning when outsiders learned that
lie had been shot. His partner went
o the house then and the wounded
nan hearing his voice called him iuto
ne room. Roseman asked what was
he matter and Rich raising the COW
ring showed the wounds. When ask
d who did it he nodded to his wife and
aid She did it, she did it,
erich afterwards told him again
hat his wife had shot bin and said. he
id not want her to go to the hospital,
ut she went anyhow.
That is the testimony of disinter-
sted witness. Rich told him that the
POUNDS from which he was then suffer
,g were inflicted by her hands" and
be lawyer turned toward the prisoner
the bar. is