El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-04-21
MULHERN'S
DYING WORDS
Not Admitted As Evidence
Against Price
STATUS OF THE CASE
Evidence Reviewed And Arguments
Made In the Court.

| L.
Made In the Court.
The Price murder trial is now draw
ing TO close. Prices friends profess to
be confident of the result. They say
| that the testimony rs brought out by
the present trial has been far more
favorable to them than at the last one.
Moreover the prosecution closed its
case without in trod ucing several things
that were brought out at the last trial.
Tue principal evidence left out this
time was the dying statement OF Null
herp. In this he said that under the
belief that he was In the face OF death
be swore that he had given Price no
occasion to shoot him and that it vas
entirely nprOvoked.
The &C Emission of this sta ement WAS
objected to by the defense on the
ground that it was drawn from the de-
ceased by interrogatorIes contrary to
the Texas statutes. They maintained
that the deceased had been led into
making it by Prices enemies and an
attorney from Maria who was engaged
by the Mulhern family to aid in the
prosecution. but was subsequently de-
barred from appearing at the trial by
the court.
The court overruled the objection
and an exception was taken by the de-
fepse and was made one OF the grounds
upon which the motion for a new trial
was based.
At the first trial the state also put
G. F.. Mulheau, father of the deceased,
on the stand to testify as to whether his
son had given Price any provocation
to shoot him and he replied in the
negative.
This evidence was also objected to
on the same ground, viz; that it bad
been made in answer to interrOgs-
tives. This objections was also over
ruled by the court and exception was
taken.
No attempt was made to introduce
1t on this second occasion.
This is.considered q victory by the de-
tense. They also regard the action of
the state IN bringing in Judge Fslvey
after the beginning of the trial as an
indication that they feared the results.
The pre- secutine attorneys have little to
say, but are emingly confident enough
of the outcome.
REVIEW OF THE EVIDENCE.
The prose cutior's theory lie that the
killing was willful and premed itated
and without any provocatiou. They
contend and introduced some evidence
to show that Muihern was shot down
while trying to explain his remarks
and quiet Price. They say that all of
Prices actions in Offering reliefto Null
hern after be was wounded were done
simply for the purpose OF manufactur-
ing evidence at his trial. They tried
to show that Price had made threats
before. Some OF this evidence was.
however, ruled out by the court.
The ortention of the defense is that
there WAS conspiracy between Null
hern and Pruett to kill Price and that
this was whatthey were agreeing upon
in the back room OF the saloon. They
claim to prove by the testimony of
Sheriff Chad burn that Mulhern had
been threatened by Price bsfore and
declared that he waR carrying q gun
for him.
JUDGE FALVEY'S ARGUMENT.
Judge T. A. Falvey began the open
ing argument for the state yesterday
morning. With diagram of the
saloon where the shooting occurred he
pointed out the scenes where each sue
ceeding act of the tragedy occurred
and sought to draw conclusions from
each incident that Price aud not Null
hern had been the sggressOr through
out.
He attacked the theory that the
shooting was justifable simply because
Mulhern had made motion with his
hand IS though to draw pistol. Ii
this theory were admitted the attorney
argued men could be killed with impu-
nifty every day and nothing could be
done as the plea would be made that he
had made q motion with his hand and
therefore the killing was justi6able.
ARGUMENT FOR DEFENSE.
M. w. Stanton followed Judge Fal-
vey in a strong argument for the de-
tense. He laid stress upon the undis
puted evidence that M ulhern had a pis
toll as shown by the evidence of Mrs.
Goldrup who saw him put 1t on at his
home.
Attorney @. b. Patterson followed
Mr.. Stanton and when court adjourned
In the evening he was still speaking.
His argument was con cluded this morn
ing.
The closing argument for the state
was made by District Attorney Dean.
After dinner Judge Walthall de-
livered his charge.
Best Remedy for Rheumatism
QUICK RELIEF FROM PAIN.