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

Clint Llewellyn, Espeline, Ben Will
liams, and Kearney we're members OF
the posse.
The posse started from Gsrrett's
ranch between shutdown and dark and
| reached Lees ranch, 3S miles distant,
| between daylight and sun up.
the room, - said witness, land told the
occupants to throw up their hands.
| When we found that it was man and
| woman in the room We got out. Nc
| Vey was there also. He went outside
and was seen to be making signs TO
some one on the root We had been
out to the corral and discovered de-
| PENDANTS on the roof. l tried to get
| the man in the room to go up and tell
| the men to surrender, but he SAID ne
did not know where they were, con-
cluded, therefore, that we would have
to go up on the house and order the de-
| PENDANTS to throw up their hands"
Witness was asked to show by means
of diagram the house on which Lee
and Gillilsnd were sleeping and the
shed roof close by on which some OF
the posse climbed.
You say when you climbed up on the
roof you halloed "Surrendersor throw
up your hapds?"
Kearney and I both halloed it.
Could YOU see Lee and was he arm
ed?
Yes, I could see him aud his gun.
FIRED TOO QUICK.
Didn't you tell me afterwards that
Kearney fred too quick and contrary
to the orders you had given him?
told you I thought he fired too
QUICK.
What took place then?
fired a few shots myself, and it got
to be a general skirmish. I fired two
shots.
Then what did you do?
Invent to Kearney and assisted him
off the roof.
We bad q little conversation with
Lee. He said: "You are hell of q
lot of fellows to order q man to throw
up his hands and shoot at the same
time" l told him that I thought
Kearney had shot little too quick.
We talked while about Lee surrender
ing. He said he didn't believe he would
surrender to me as he had heard that
had said that intended killing him.
1 assured him ha would be perfectly
safe in my hands and that any such
story was false.
KEPT HIS WORD.
Didn't he tell you anything further?
believe he asked me who had the
best of it. And said that if we would
would promise not to shoot any of us
when we got out from shelter. doubt
ed this statement and told him so and
be said that whenever he gave his
word he kept it.
We drew off and as we were leav-
ing he halloed to me that if I'd fix q
bond for him he'd come in and surren-
der.
Didn't he tell you that if you would
quit opposing his making q bond he
would surrender?
He seemed to be under the impress
sion that was opposing it, but told
him that had nothing to do with his
bond.
A note written by Garrett to Lee
from Turquoise station asking about
Kearney was identified and read to the
jury. It said:
'iLee. How is Kearney. There is
no telegraph station here. If you
think Kearney can get we'll will send
to La Luz to get him q DOCTOR" Gar
rett.
sent the note by the section boss,
said the witness.
Are you positive that either Mr..
Lee or Mr.. Gilliland was lying down
on that house?
While was placing Kearney in the |
wagon and while / was talking to him |
after the general fight was over two |
shots were fired from the roof. One |
Of them came down through the wagon !
shed roof and struck the wheel beside |
me.
Were you ever at Lees ranch after
this fight?
Yes, sir.
When WAS that?
1 went there to water my horse and |
saw Tom Tucker. l told him that |
was out looking for Lee.
Mr.. Garrett, while investig ating the |
Fountain disappearance didn't you get
letters from a good many persons
about this case?
Objected. Defense argued that it !
was it's intention to show that as |
Sheriff Garrett got letter from par
ties in Arizona saying that two men
were under arrest there and believed to |
and asking him to come Immediately |
and tba at he did not go.
We propose to show that the whole |
course of the detective work in this |
case has been not to discover the |
guilty parties, but to fasten the crime |
on these defendants.
Objection overruled and witness in |
answer to the question, said he did not |
The jury was then directed to retire, |
as Judge Fall said there were certain |
questions which he desired to ask the |
witness, which had previously been |
ruled inadmissible, but he wanted the |
questions, objections, and exceptions to |
become part OF the record.
AFTERNOON SESSION. Il
The court room this afternoon CON-
tained fair sprinkling of the gentler |
sex, who had been do noubt attracted