El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-07-06

of letters shows that there was in th'
| room where Rich was found cot be
sides the bed on which he was lying
This examination also found SOM
small blood stains on the covers o.
Rich's bed. The defendant told Rose
mond that bis, Rich's, clothes were a.
| muddy and bloody when he came In .
(Ro semond's evidence on page 81 Rose
moud saws when he was with the judge
of letters the next day, when the lattel
was making his judicial search, he sa"
Bich's clothes, and they were moi
muddy and bloody" then. In the face
of all these circumstances 1t Is very
hard to believe that the defendant DID
| not sleep in the same room with heI
husband, if she slept at all after j.!
O'Clock, and she says that she lalo
awake until that time.
The plaintiff introduced what Pur-
ports to be the dying declaration OF
John D. Rich, the execution OF wh1ch
was proven by w. L. Nicholson. A
copy of same is to be found in the dep
osition of Nicholson. The deposition
of DIR. Horsley makes Rich's rational
ity somewhat doubtful at the time OF
signing the declaration. DR.. 5 30I
saw him last on Sunday april 3Ol, be-
tween and 10 o'clock p. NJ. (see Hors-
ley's evidence. page 1S). Nicholson
says the paper was executed after IL
O'Clock o. M. DR.. Horsley says that
Rich was rationa on Sunday morning
page 49, and (page 1S) he says, with
the exception of brain Injuries they
(persons dying from injuries) retain
their mental power almost constantly,
longer than persons dying from ols-
ease" I think the question OF ration
slity of the declsraot is one OF fact to
be decided upon from all the evidence.
Nicholson says positively Rich made
it under belief OF approaching death.
DIR. Horsley does not cay that Rlch
was not rational at IL o'clock p. ID,
and after, on Sunday night. I think
the paper admissible, and the motion
OF defendant to exclude it is overruled.
The effect Of the declaration will here
after be considered.
"Dr. Hershey clearly shows that Rich
died from the wound be found on
his body.
"After the defendant had testified at
great length in her own behalf, the
plaintiff called in rebuttsl Arthur Z.
Rosemond, one of the witnesses who
testified before the court of letters in
Jusrez. He says. in substance, that
when he went up stairs to Rich's room
about 8 o'clock a. No., OF the 9th OF
A pril, Mrs. Rich met him at the door;
he told her he had brought a doctor.
(Guerra) .aud Mr.. Rich heard him
speak, recognized his voice and spoke
to him and told him to come in; be went
in and asked him (Rich) What is the
matter?'; that Rich made no answer,
but lifted up his undershirt and show
ed the wOuuds:tba. he afterward asked
Rich, Who done it?' and Rich said,
She done it, o;ntipg to defendant
with his head; tina, Rich said, "She
done it," and moved his head towards
L ID l. 4 n 1nf
know how the thing happened; that
then she said he came in sometime in
the night. And then occurred the
about the bloody and
muddy clothes already referred to.
And the witness says when he saw the
clothes (Rica's) next day in Juarez,
when in company with the judge of
letters, who was making his Judicial
search, they were aot muddy or bloody.
Witness assisted in bringing Rich over
to Ell Paso. and he says that after Rich
was in the carriage he found he bad
left his health certificate in the Dr. asst
pocket of his coat. Mrs. Rich
went back up st .lrs to get 1t.
then asked Rich If b wanted
Mrs Rich held by the authori les over
here" lin Mexico.) Rich raid no."
that he wanted Lo get to the hospital as
soon as he could. Witness said, "Do |
you want her to go with you?' Rich |
"No, l do net When Mrs. |
Rich came down stairs witness tried to !
persuade her to stay, Offering several
or re asons for such course !
but she insisted on going. Witness /
was present when Rich was being pre- !
pared for an oper alton, about 9 O'Clock !
B. M, Of the 9th of April, 1899, when !
Rich made to him the fol- owing stst--
ment: HE started to tell how this !
happened (the wound,) aud told he was
down near Ketelsen & Degetau's on |
place talking to woman 1 knew as
Mrs. Chatham, and that Mrs. Rich |
came along and run after this woman
aad he came on back to the house. |
Well, then, he told me, in the morning
about daylight that Mre. Hitch walked |
him up and told him that if he did not |
,ell her what he was talking to that
about she would kill him and |
he said he jumped out OF bed and told |
her to give him the knife which he
said she had in her hand and he says |
then she shot him. Later on, witness
IN answer to question by counsel: ''In !
,eply to your question as to whether or
not l know that Mrs. Rich frequently |
became very mad with her husband and |
hey quarrelled, [ answer, yes, they did
lutte often, she did, yes sir" Rose
nond's testimony, pages l to 6.
s'The foregoing abstract of the testi-
nony of the witness Rosemond Is be-
ieved to be correct and fair, emitting
much til at is immaterial. In regard to
his 1 deem 1t my duty to say, that af-
er rather long professional exper-
ence, [ have rarely seen witness on
he stand whose manner and conduct
we're less subject to exception. He
estified calmy, quietly, deliberately,
md gave no exhibition of passion or
,artiality. The defendant, at her own
was permitted to cross ex-
mine him for while, snd to a fierce,
lmost violent attack upon his veraci-
V, be replied with calmness and, ap-
srently, total absence of hostility to