El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-10-18

FIVE YEARS FOR CURLY
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| 1EnAS TUX NOAL1
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"About S135. It was mixed, som
being gold and some paper. put the
money in the counter"
"Mr. Dieter afterwards took the
money and put it up, did he not?"
Dyes, sir" [Excused1
J.J. WEIR
| Witness told substantially the same
story as at tie preliminary examina-
ton before Justice Spencer. He saw
Martin come into the saloon and drop
$40 on the floor beside the bar; saw
Sullivan attempt to pick up the money,
and picked it up himself and handed it
to Martin.
Witness saw Sullivan's hand as it
came out of Martins pocket and saw
money in it. Afterwards saw Sullivan
throw the money into the spittoon.
Cross examined; Witness did not
see the money in Sullivan's hand until
it was some distance from Martins
pocket; Martin leaned on the counter
and pulled his money off on the floor;
there was nothing in his roll but cur
rency-no gold or silver. The money
fell on the floor before Sullivan took
the money, and it happened at the
time that Martin was ordering q drink.
Sullivan afterwards advised Dieter
to look on the floor for the money and
it was found in the spittoon.
STATE RESTS.
]. J. Pauly was the next witness for
| the state. He saw Wier pick up some
money from the floor and afterwards
heard Dieter say that no one should
leave the room until Martins money
had been restored to him.
At the conclusion of this witnesses
testimony the state rested and court
adjourned until this morning.
THIS MORNINGS SESSION.
Curley Sullivan was called to the
stand as coon as court convened this
morning to testify in his own behalf.
In his direct testimony he confessed
TO theft in order to evade the more
serious charge of ''theft from the per-
son." evidently hoping to escape with |
q light sentence.
He said that he picked Martins |
money up from the floor, but did not |
pick the pocket Of the intoxicated |
man. If the jury believed this Sullivan |
knew that his sentence would proba bly, /
be short term in Jail instead of /
long term in the penitentiary.
He told rather q straight story, say-I
ing that ne saw the money on the floor,
carelessly thrown there by a drunken
man, and saw no reason why he should
not transfer it to his own pocket.
When Adam Dieter threatened the
party who bad stolen the money with
the police, Sullivan said he then threw
the money in q spittoon to avoid detec-
ton. He then told Dieter to look on
the floor for the money and saw him
get itlout of spittoon.
Cross examined by district attorney
Sullivan said:
81 did not have my hand anywhere
near Martins pocket and the only
t me could have DONE
Il ask you what you did, not what
you could have done! The hand some
times moves faster than the eyesight.
Did you put your hand il Martins
pocket?'
"No sir, I did not.''
Ibid you see Mr.. Dieter when he
picked up this money out of the spit
toon."
.'Did you throw this money in the
spittoon?''
eyes, sir.''
Did you see Dieter 60 to the spit
toon?"
: Eyes, but I.didn't know what he got
out of it,
Did you have that money behind
your back?"
eyes, SIR"
"You saw Weir when he picked up
that SIS bill and returned it to Martin,
saying here's your money, ole: msn?'"
"He didn't say nothing when he'll
picked up the first bill"
when you went to throw that
money in the spittoon you spit?''
eyes sir, l was chewing tobacco"
"Where we're you when Dieter said
hat nobody should leave the room?'
''Three feet from the old gent"
Had you ever seen Martin before?" /:
"Yes, 1 knew him and knew that he ,
vas working on the railroad" IExcus- 8
d.
ARGUMENT.
The district attorney opened with q
trong speech, demanding that the :
ury find the defendant guilty of theft |
rom the person and not of simple :
heft.
He started out by reading the statute
covering the case and attempted to {
cad from the authorities on the same r
ubject, but counsel for defense WAS +
uick to- object and appealed to the s
curt to remove the jury from the &
curt room.
Mr.. Dean thereupon closed his book +
aging that usually the defense wanted n
IL the law it could get, but in this case =
here was too much law and too much | h
whence to suit the defendant and his u
ttOrney.
d. A. RICHARDSON. III
Mr.. Richardson followed with as t.
trong an argument as could be made
D defense of his client under the cir 1,