El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-10-31

the 6rst shoi?
| l got OF my horse and ran up to
Fusselmen.
DID you shao,?
zee, until broks Toe aesdis il my
Winchester.
shooting?
Who did you see shoot?
Why, they Gil sho5 At assst ,ke
same time.
Then you did not see Asy csc mar
shoot?
Yes, l saw PARA qua Ber.al shoot.
VINO did they suoot Az
AT me.
DID they hit you?
| Not that knew OF.
What did you do?
! went down the mour tain to where
Barnes was and gave hin my sun asd
took mis-. They were trying To keep
me from getting down the mountain.
You cay you took Barnes gun sad
gave him yours whau IL " a. broken:
| That Is whas / .ai:.
Did you tell him stat IL would u 81
| shoot?
No, did not
Then you left him unarme6 with I.
prisoner while yOu took his gun and
ran down the mountain, did you?
He had s!X-shooter and q bait OF
cartridges.
Did you tell him TO turn the prisoner
loose and come on?
/ did not. l came to town IS fast as
possible and got = posse to 60 out wisn
me.
Did you see the Mexican after Bar
mes urned him loose:
Ees, he was On Fussetman's horse
When did you draw yaur gun drss.
When | heard the first shot.
Who was the fret man you saw be-
blvd those rocks'
Para.
Wha, Was he doing?
!'o,r' ing bis gun a. ne.
Woo -hot Grss?
Laid.
wh. n he was already po! n,i.g bic
gun AT gu?
Ttac - what L said.
How was that?
Well. 1 WAS too quick for bin.
Can YOU tell this court aud jury IL
thi- def-ndent shot az Fusse.man?
He Was in the crowd and they all
| shot n about the same time.
Then you could not swear that he
| shot ut Fusselmsn?
l.iust said that he was in the crowd
ana snere were Eve or six shots fred
| together.
But you don'sknow whether he shot
Fussslman or not, do you?
No, did not watch his bullet.
You we're running away, wore you:
Not when the volley was fired.
But you did run, didn'syou?
Yes, when l saw that they were all
after me.
OTHER TESTIMONY
W. c. Nations testified that he had
been 10 the cst,le business all of bis
life aad know Chss Fusselman. I'm
| she spring OF 1890 was ~ Deming and
heard that a officer had been killed
st Ell Paso Later ~ Pelomas L heard
that 1t WAS Fusselman. cav some
prisoners IN the guard house ~ Palo-
mas"
Have you ever seen sny of them
since?"
"Yes. the defendant there was one
OF them. l also cav Tom Eendricks's
with q spanish brand, a gun, Two pis-
tols, and q saddle. Afterwards the de-
fendAus and PARA came TO me and
ssked for supper. [ Was surprised TO
see them and they told mo tba. the
Mexican officers had taken everything
they had and turned them loose. TIE
next time / saw him he WAS In Jail here
Last winter
j. D. McKie took the stand and ses-
tiled that James Armstrong WAS the
jus tice of the peace In precinct mum Der
one ct the time Fueselman was killed
and that he (Armsrrorg) held the
coroner's Inquest.
w. J. Ten Eyck took the stand next
asd said that he had lived here ID
years and knew Chas Fusselmsn and
saw his dead body ~ the und ersaker's
ADD described She wounds.
Sheriff Boone testified that for the
past ten years he had had been IN Of
deer and had been all over the county.
and had NOS seen Bernsl In the county
In tea years until hs Was brought In
BY Captain Hughes last winter.
Court then adjourned until nine o.
clock this morning.
The defense had an inning this
morning and an effort was made TO
prove an alibi for Bernal. IL was tes-
SIZED To by native OF New Mexico |
that all during April and May 1890 |
Bernsl was reguisrly employed at LIS |
Mesa as a gay laoorer. The witness /,
was positive that he saw the defen- !
dsnt nearly every day during those |
monthe. and that he could not have
been absent long enough to have en-
gagged In any cattle and horse thieving |
ing expeditions With the PARA gang |
The Witness on GROSS examination did |
not vsry materially IN his testimony |
Officers say ibSs the case already |
made out against BersAl lie stronger |
than the one against PARA when he |
was convicted.
A second witness from La Mesills, a |
wom,n testified that Barpal boarded |
with her at = bou. shs time Fusselman |
was killed. The case will probably be |
in the hands of the jury before night
fall.
A card.
e. Paso, Texas October 3lth, 1900.