El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-05-04

| Yesterday was day that looked
| black indeed for the soldier now on
| trial for his life in Judge Walthall' g
court. The interest in the trial is uD-
abaGed and is rather increasing, and
each day the crowd in the courtroom
seems 20 be increasing in size as the
peoples interest Is whetted by reading
the newspaper reports of the proce ed
inge. Yesterday was probably the
worst day so far for the quadroon
sergeant. He seemed to realize 1t and
though he strove to maintain his
com posure It was plain to all that at
times he succeeded only by great
effort. He sat as usual directly be-
hind his counse1 l, Messrs- Wilcox and
Stanton. At times be looked straight
al the witness and at others he shifted
uneGsily and looked at the floor.
Caps. Loughborough's testimony
during the morning as related in yes
ter6ay's HERALD seemed to make
uncomfortable. Messrs. Station and
Wilcox tried hard to get some satfsfac-
ZION from the csptain. He however
gave none favorable 10 the defendant
ano several times the lawyers became
a armed and sought to shut off the an
swers to their own question:
The captain related what steps he
had taken to discover the guilty PAT
ties and to work up the case la copjurc.
tion with the civil authorities. He
said he had used Intimidation in one
case and promised rewards In three
cases TO get evidence.
ONE WHO CONFESSED
The courtroom was full when court
reconvened for the afternoon st 2
O'Clock. The entire space along the
railing aud inside the bar was crowded
to saffocstion and all were eager to
hear every word.
William Powell was the first witness
called. He is the negro corporal who
turned states evidence He entered
In the custody OF the sheriff He is q
very tai, slender, coal black negro
with short kinky wool, huge thick lips,
a rather prominent nose and small
eyes. He Is in every way the reverse
in appearance OF Kipper. His face is
an evil looking one. He gave his
evidence with kind of hang dog and
devii-may care sort of way. He sell
dom looked any one In the face while
Powe'l's direct testimony was 10 sub
: ia oh 'oIn
Ripper came to his bed and woke him
up. He told him that Dyson was in
all and the police had refused to ac-
cept any fine but he was going to go
down and take him out. Powell and
several others sgreed to go. Eacn got
: rife, ammunition and An ak. The |
Members of the party were Hull, |
Wright, Ripper, Carroll, Elazer, Rob
srts. hicElroy and himself. Kipper |
to,e the keys to the magazine fcom |
Sergeant Davis who was in charge |
,hat night.
They marched into towr across coun-
~, turning out to let man pass In a
buggy. Near the courthouse they stop
,ed and laid their plans. It was agreed
hat McElroy and Hull should go in
,nd demand the keys and get Dyson
ut. Carroll was to have gone with
Hull and knock something down with
n sx. Witness thought this WAS q
oor or g box or something that Kip
'er said was in the way, he did not know
xsctly what. kipper gave the keys Of
he gun rack to Hull who was to dis
'ose of them il anything happened
According to agreement Kipper,
Hull and McElroy entered The police
tston and the others waited
utside. Witness heard Kipper say,
Give up those soldier prisoners" and
ben the shooting began. Those out
Id then ran away, being frightened at
hat bad happened. Powell said he
card only three shots, oue from the
lside, one from the vesttbule and ore
rom the outside. He d!d not zee Cor
Oral Hull again after he epterel the