El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-05-04
station until he attended his funeral at

station until he attended his funeral at
the post.
In his cross examination Mr.. Stan
ton endeavored to draw from the wit
ness that he was the only tall dark
man tn the crowd and therefore 40.
cording to the testimony Of Blacker he
must have been the man. Powell
however insisted that he was not in
side the jail at all and ran away when
the shots were fired. The witness
made Ripper and Corporal McElroy.
who deserted, the ring leaders,.
On the cross examination the witness
said Capt Lou Thorough never asked
him any questions about the case when
he was arrested. He was brought in
to the county jail at once and made no
statement at all until after he was in
jail. He had been guaraut teed protec-
| tion by the sheriff and Capt Lough-
borough II he would turn states evil
dence. This was when he was in jail
| and he bad cent for the captain. He
frankly admitted that be had cons sent
ed to testify because be hoped for i'm
munity from prosecution. He knew
his fatigue suit had been found in an
out building and was an evidence
against him. In answer to further
questions by Mr.. Stanton Powell ad-
mitted that he was addicted to
playing craps and getting drunk and
moreover ne was drunk on the night
of the 10th of February. Mr.. Stanton
then asked Mr.. Powell If he knew the
witness, George Harris, and when he
answered in the affirmative the law
yer asked IL Harris was not strongly
addicted to drinking and gam bling.
The witness promptly answered with a
grin that he was and m oreover he was
drunk and engaged in gam bling on the
night of the 16sh. This was in fiat
contradiction of Harris's testimony.
NOT AGAINST KIPPER ALONE.
The defendants counsel made many
attempts to induce Powell to admit
that he had declared before that he
was only gong to testify against Kip
per, aud had assured the other i'm
prisoned soldiers that they had nothing
TO fear from him. He was however
firm in his denisls. He also insisted
that he had never written any notes or
letters to his Imprisoned comrades who
were confined in separate cells. He
admitted however having received
some letters from the post since his
arrest. The defendants counsel de-
manded that these letters be produce
in court. Judge Wslthsll agreed and
the witness went to the jail with |
Sheriff Boone to get them When
they arrived however the lawyers said
they were not the ones referred to and |
not only refused to submit |
them In evidence, but objected to the |
district attorney doing So
KEYS FOUND ON HULL.
Australian" Billy Smith testified |
to finding the body of Hull and to the |
range and detection of the bullets at |
the police station. He took some keys |
from the body Of Hull and delivered |
them to Justice A. w. Spencer
Chief OF Police Lockart testified that |
three guns had been brought to the |
police station and turned over to him.
He also saw the axes marked U. S |
|. Nj. ID. that we're found at the station.
These he turned over to the man from |
the post who drove the army wagon
At first he said they were turned over
10 Capt. Loughborough but this was
objected to on the ground that he had |
not done this in person or had not seen
It done. Then he explained that he had
ast seen them in the army wagon.
HELD THE INQUEST
Justice A. W. Spencer testified to