El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-12-14
[DWYERBOYS TRIAL
FROM THE EVIDENCE THEY WILL
pROBaBLY BE SET FREE
Mayor Magoffin Watches the pro
cee6inos while His Charming
Neph. Ws are on Trial For Mur-
derous Assault.


The trial of Patrick, James. and
Samuel Dwyer on the indictment
charging them with assault to kill Lou
Vidal, was begun in the district court
before Judge Walthall this morning.
Besides the regular panel which was
in attendance the sheriff was ordered
to summon a special venire of twen-
ty men and the selection of jurors did
not begin until after 10 o'clock.
The Dwyer brothers had retained
Attorney NJ. w. Stanton TO defend them
and he brought along his stenogra-
pher to take down the evidence 50 as
to get complete record in case it is
desired to go before the higher court.
Details of the trouble between the
Dwyer boys and Lou Vidal were pub
lished in The Herald last October.
The trouble was a result of the pri-
mary election in which the Dryers
and Vidal took an active part in herd
ing voters. The Dryers supported
Ten Eyck for sheriff and it is claimed
that VidaIs generalship to thwart their
work was what lost the second ward
and the election for Ten Eyck. The
Dwyer boys claimed that Vidal had
made some remarks about one of them
that they did not relish and they went
around to the Red Light to see him
about it. Vidal claimed that they
came around to his place of business
L.. TOD
doing so by the interference of other
policemen.
The trial Oh the case is attracting
considerable attention.
The Evidence.
Mayor Magofiin was an interested
spectator at the trial OF the three
Dwyer boys this morning. They are
ms nephews. He did not sit among
the oeiendants, but the chair he occu-
pied stood We'll back against the wall.
a jury was not Impaneied, until II |
o'ciock. Among those accepted We're
several professionals, who SIT on a jury |
whenever tney geIr chance.
Inc hrsI witness Was Lou Vidal, |
VINO told virtually the same story that
Was published In The herald last DC
roDer. He said Jim Dwyer had called |
MN out, but he would not go. Then
Jim nad scruck at hlm and the otner |
dl nanu TO AID their brother. Witness
puiieu ms SIX shooter 10 defend HIM |
SELF.
Cross examined by Attorney Stanton |
saIu he was in the Saloon bus |
mess On Utan street, but kept gam |
attractions. He nearly Always went |
armed about ms place and since the
trouble with the Dwyers had general !
~ carried a pistol to defend himself. !
What did you say about the
Dwyers!''
Il told Will Ten Eyck that 1 was
lighting him on their account and that |
any man they supported would be de-
.eated."
Where were the other boys when
,ou pulled your gun to strike Jim?"
They were behind me-
There was a continual squabble be-
ween counsel for defense and this wit
less. They argued with one another
n a loud tone of voice and the court
lad to interfere frequently. Vidal tried
O tell about the primaries. but was
prevented.
Witness said he told Officers Den
nj Il
n time to prevent bloodshed, that II
hey would let him get his shot gun
hey could let the Dwysr boys come
n. although they were three to one.
What did Mitchell say?"
He said, you - TOOL. get inside,
you don't want to get murdered
Police Oficer Mitchell was called. He
new the Dwyer boys. Pat was a reg
lar policeman when the trouble with
-idal occurred and Sam held a special
as a policeman.
Witness saw Vidal and the thre boys
n the gallery of the saloon on the
light of October 19. He caught hold {
I sam Dwyer who had a gun, but Sam ,
ays never mind me, watch Vidal.
les got a gun" Pat had a gun in Z
is hand and Vidal had his hand on
Is six shooter. Witness did not see
i'm Dwyer have a gun. Witness took
'idal into the house and to the back
ard.
(Cross examined) Witness did not
ELL Vidal that the Dwyers had come {
} murder him. =
How come you to go down there?" f.,