El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-12-19
MRS. MILLER'S SUIT.
Wants Damages For Alleged Injury
To Her Reputation And Char

dCter.
The hearing of testimony in the suit
of Mrs. Annie Miller against E. F. j..
Mccarthy and the G. n. & S. A. rail-
road company, which was begun in
Judge Goggin's court yesterday morn
ing was not reached until the after
noon recess.
According to the complaint Nc
earthly, who is agent for the railroad
in Ell Paso, and w. P. Marks, a coal
bumper in the employ of said company,
on or about the 11th day of January,
1897, entered the house of the plaintiff
by forcing open the door and searched
it for coal, which they claimed had
beer stolen from the railroad COM
pany.
The son of Mrs. Miller, William
Miller, was sick in bed at the time
Mccarthy, the complaint says, asked
the boy, Where do you keep your
coal?' The boy replied that it was
kept in another room and Mccarthy
continued, without giving any explana
tiou OF his conduct, to search the house.
Upon finding in an adjoining room
some coal, which the complainant sl
leges was purchased from the O'Brien
Coal company, Mccarthy is alleged to
have said: "Here is your coal. L told
you would find it inside of fifteen
minutes"
The complaint says that by those
words Mccarthy charged the plaintiff
with the crime of theft. The plaintiff
asserts that the act of Mccarthy and
Marks was unwarranted, and perform
ed without any legal right, and that 1t
injured her reputation and character.
Mrs. Miller took the stand as the
first witness and related substantially
the facts as set forth in the com plant
She added that she made her living at
the time by doing washing and that
after the railroad employees had enter
ed her house many of her customers
refused to give work longer on account
of the suspicion of theft against her.
She said that her son, Willie, had
come to her at Mr.. Stanton's house,
after the incident and told her about
it. There was q long argument about
the sdmissibility of this testimony.
Judge Goggin reserved decision. There
was another argument upon the cues
ton put by Mrs. Miller's counsel as to
her suffering and anxiety of mind over
the occurrence. The question was al
lowed.
The dispositions of Mccarthy and
Marks were offered in evidence. Nc
Carthy admitted entering the house
and that the boy had ordered him out.
He picked up piece of coal and ex-
amined it and showed it to Marks, who
said 1t was not G. 81. coal but looked
liked Santa Fe coal.
Marks said that he did not 90 into
the house, and did not hear the con-
versation between Mccarthy and the
boy.
The defense offered in evidence q de-
position of Bonner, formerly night
wstchman in the G. 81. yards. he
said that in the early part of 1897
great deal of coal was stolen from the
pump house of the G. b.
Frank Carr, former night captain of
police, and deputy United States
Marshal Hildebrand testified that the
Miller house was notorious resort
for trsmps.
Superintendent Martin testified that
many complaints we're brought to him
about Goa! being stolen from the pump
house, and it was supposed to have
been taken by tramps who hung
around the house, which was for
awhile unOccupied.
Mrs. Miller was called on rebuttal
and Mrs. Mary Purtell was put on the
stand to testify as to the condition of
the house after it was occupied by Mrs.
Miller. She said she had visited Mrs.
Miller Immediately after she had
moved into 1t and that 1t was nicely
furnished
MCCARTHY was then placed upon the
stand and stated that on the night he
went to look for the coal all the window
panes- on the east side were broken
out. He offered photograph of the
house taken by him a month later,
which showed broken panes. He said
that he would not have entered the
house if he had known that it was
occupied.