El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-04-18
THRESHING
OLD STRAW
The Price Case Again On
Trial To-Day.
STORY OF THE CRIME
No New Developments In the Case
That Are of Interest

That Are of Interest.
The trial of o. l.. Price for the 81.
legged murder CT Charles K. Mulhern at
Fort Davis on November 18th, 1898.
was begun in earnest for the second
time yesterday afternoon when the
work of getting a jury was completed.
The jury completedis as follows:
Tom Gutenberg. w M Couch, J @
Maxwell, Carl Ennis, A j Ross, L
O'Brien, Frantz Worlein, A w Bailer
M Esca ieda, Thomas Roe, E n Camp
bell and j O Priest.
The former trial was held here and
was quite sensational IN several of it's
features. At Fort Davis and vicinity the
gre Attest interest was displayed as both
the defendant and the deceased were
prominent socially and politically. A
large number OF people from Fort Davis
and Maria were present and are here
again fer the second trial.
At the first trial State Senator Yam
tbs, of Waco. appeared for the defend
ant in conjunction with Attorney Nj.
w. Stanton of this city. Even before
the opening of the trial the defense
sprang a sensation in asking the de-
barrment from the case of prom
inent attorney of Maria, who had been
engaged by the family of the deceased
to assist in the prosecution. This was
asked on the alleged ground that he
had fret been employed by Price and
afterwards engaged by the Mulherns.
The application was granted by Judge
Waltz all and his action was generally
approved by the members of the bar.
This was done on the day proceeding
the opening of the trial.
During the trial this matter was
frequently referred to and was the sub
ject of considerable acrimonious dis
cussion between counsel During the
arguments District Attorney Dean de-
clared that prior to the application of
the defense for debarrment he had
himself notified the court that the at
torney in question should have
nothing to do with the case.
Senator Yantis in his cross examina
tions and arguments was very severe
in his arrangement of the WITH esses for
the state. Mr.. Dean resented some OF
his remarks as personal insults and
fercely attacked the senator in reply,
and numerically one of the defendants
witnesses in particular, q minister of
Maria.
The verdict of the jury was a great
surprise to Prices friends aud many
others who had expected a different
some VINO approved il. In the present
case Senator Yantis does not appear.
M. w. Stanton and G. B. Patterson
appear for the defendant and District
Attorney Dean and Judge Il. A. Fslvey
re present the state. The latter has
been employed by the Mulhern family.
THE EVIDENCE.
Jesse Pruets was the fret witness cal
led. He was deputy sheriff at Fort
Davis at the time. He testified that
he had entered Hswthorue's saloon in
with Price and there met
Mulhern and others. They had few
drinks and conversation turned to the
election just held when Price had been
elected county attorney on one ticket
and Mulhern defeated on the other for
assessor.
Price resented some remarks made
by Mulheru in regard to his late op
ponents. Mulhern denied that he had
any personal reference to Price but the
alton continued on the same
line and then Mulhern resented q re-
mark by Price in regard to friend of
his named Dave James and advanced
On him. Price at first retreated
across the room, Mulhern following
him up and repeating you can't tell
Dave James that" and Price reiterst-
were drawn. Pruett claimed he had |
tried to quiet the two and got between
them try lng to separate them but fail |
I'D and Price finally fred and mortally
Mulhern.
Mr.. Pruett's testimony was mostly |
, repetition of that given at the form
or trial.
The next witness WAS Dave James, |
; storekeeper At Fort Davis, who was
defeated for sheriff at the election aud |
whose candidacy the quar- |
eel arose which brought about the |
killing of Mulhern. He WAS one of the |
irst to arrive at the saloon after the |
shooting. He gave come testimony also |
n regard to the peculiar politics of |
Jeff Davis county.
1T. Shuremsn, of Fort Davis, was
he first witness called this morning.
lie was with james when the shooting
and they went together to the
aloon. He testified to finding Null
lern wounded and the circums tsnces
# the arrest of Price aud several in
idents occurring on that occasion.
j. r.. Stamper, who was employed as
, clerk in James's store, testified that
% 10 ediately after the shooting Price
anne into the store and bought some
to reload his pistol, saying:
L have killed one and l will kill
mother If they bother me-"
So far nothing has come out by the
vidence.
The father and two brothers of the
efendsnt are here attending the trial.