El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-01-09
man Ware and other Witnesses.

Bernigo Hernandez, the man who
escaped with his life, the principal
witness of the prosecution, was then
placed upon the stand. He testified
that he had seen the five men enter
door between the saloon proper and
the billiard room. He Identified the
defendant Is one of them. He said
they were quarrelling, and arguing to-
gether. Trevizo went to them and
told them that as they had not
purchased any liquor in the saloon
they would have to leave and stop
making a racket there. The
witness said that Campos rushed
forward and grabbed Trevizo and
pushed him against an ice-box, hold
ing him, while Garcia stabbed him
through the stomach with long
spear. Hernandez then ran out Of
the saloon and knocked at q neighbor-
ing door to alarm the proprietor.
Garcia, Ramos and Campos, he said,
followed him and Garcia cried 1--WE
want you, too"
On cross examination Hernandez
said that while Bustillos had come
into the saloon at the same time rs the
others there was probably diff
ference of three or four minutes
men. The witness said that Bustillos
did not rush forward when the others
attacked Trevizo, but stood quietly
beside Martinez at the end of the bar.
He did not see Bustillos or Hernandez
have any weapons. Bustillos, he said,
made no motion to attack the bar tend
ers and did not follow Garcia and the
others out of the door when they fol-
lowed him. Hernandez said he saw a
knife in Campos's hand Ramos had
some stones and Garcia long spear.
The witness said he went behind the
bar for a small pistol, which had been
left there by q customer, and not find
ing it, had run away. He said that
A guilar was behind the bar for the
same purpose. AS he ran out the door
he turned and saw Garcia reach over
the bar and stab Aguilar. The three
men then ran after Hernandez.
The first witness this morning was
HilariO Becerra, who testified that he
was in the saloon at the time the MUIR
der occurred. He witnessed the entire
affair and his testimony was very i'm
portant. He was kept on the stand for
an hour and half His testimony was
strongly in favor of the defendant. He
said that Bustillos was standing at the
end of the bar, apart from the others
He said that Garcia grabbed Trevizo
by the collar, pushed him against the
ice chest and stabbed him
Campos and Martinez, he said, ran
Apuilar outside and killed him. Bus
tillos took no active part. he said, in
either murder. Bustillos, he said, had
something bright in his hand which
shone in the light. He held it in the
palm of his hand and the witness could
not tell what it was. At the begin
ming of the fray, the witness said, Bus
tillos started toward the men, but took
no part in the fight.
The next witness was Manuel San
ia Ana, bartender in a neiRhboring
saloon. He said that the five men
came into his saloon about 1:30 O'Clock
on the morning of the murder and one
ordered q round of drinks. They
drank and went out without saying
anything. The hand OF Garcia was
bleeding. Later he heard of row in
the Ell Paso saloon, but heard none OF
the particulars.
The other testimony was upon minor
points to make the case complete.
Several witnesses were on the
stand by the defense this afternoon to
prove that the witnesses for the pro-
| secution, especially Hilario Becerra,
were Intoxicated on the night of the
murder.
Shortly after O'Clock the jury re.
tired while the court heard agreements
| on q motion to dismiss the charge.
District Attorney Dean, in opposing
the motion, which contended that
Bustillos had already been tried
| twice on the same charge and
acquitted, and, therefore, could not be
tried again, argued that the evidence
in the case showed that Trevizo and
Aguilar we're not killed at the same
time: that Bustillos had been tried be-
fore for the murder of Aguilar and was
DOW heinz tried for the murder of