El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-10-31
The TRIAL
OF BERNAL
Presents Many Most Remar-
kabIe Features.
AT TER len LONG YEARS
The Alleged Murderer Is Brought
10 face His ACcusers and the
Testimony Teens With Lively
Interest.

=
Texar. took The stdno in toe Juan Bee
nal Case shortly before noon yesterday,
DC proved 10 be one OF the states mvst
important Witnesses.
Mr.. Barnes testified that in April,
1890, he missed u yeKriiug heller and
found her later beyond Mount Frank
lin hanging 10 tree
Il saw come men up there scd at TO c
point of q gun they ordered me TO get
and swore out u warrant and ,oeetaer
with Charlie Fusseiman and GsOre e
Harold returned TO the mcunJsia.
I'VE got up in the mountain about
neon aud overlook Mexican who VAS
carr y ing q gun. Fusseimau arrested
and disarmed him ana turned him
over 10 me TO watch while h. and Hsr-
old went on up toe mountaiu.
I'm . short time 1 heard u shot and
then Ia about three or four minutes |
heard q volioy of five or six shots Gl-
most together. l could see harold +,
but Fusselmso had gone around a little
ridge and wss OUT of my signs. Pretty
soon Harold came down the mountain
alone aud the bandits were apparently
firing 1t him.
~ turned the prisoner loose and we
made down the mouotatn. The nexs
morning we found Fus-elmsn dead
AZ Gs- pTth -isbN S--C ny "
for, -
O. cross examina;-aa Mr.. Barnes
stai-..:
81 rode up and saw the ysa,line
han sine 20 . tree. aid nos examine
the orand closely at first. 1 owned
thss sLimal."
Where were you and your prisoner
at the time tue trst shot was fired: :
asked Mr.. Burn. for the defense.
IL
from where the shat WIS fred"
"Wnat did Harold do sitter that
sho -
"He ei,he- fsil from or Jumped CT
his lvrte ana rsp arOuao the same
ridge ILaL K us.ei uan ha0 gone around.
In about Eve minutes Harold came
back past me, his horse was following
him. he told ue he was going to
leave the mountain and told me TO
told kim that could rot come any
faster with the prisoner ard he said
Damn him, come on
II shen turned the prisoner loose
and we left the mountain. There were
four or i've shots fred AZ me.''
"Do you know who fired those shot? 2"
81 do nOt.''
"Where was this shooting"
II. was In the mountain. We sepa-
rated bu. got together again in 'he
canyon"
"Did you see Charles Fusselmsn
after tnet?'i
"Yes. the next morning, but l did
NOT examine the body closely"
Where was be shot?'
Zone bullet struck him In the head,
but do not rememoe On which side.
and the brains had come ou'. Auosner
was 10 Ihe neck aud -ttli another
passed through the ear"
Which bullet killed him?'
al do not know, but either the one
in the head or neck could have killed
him.
ibid you know any of the men who
we're up in she mountain that after
noon?''
Eyes, there lie ooe of them" point
Ing TO the defendan').
Are you positive"
GEORGE HAROLD TESTIFIED
Geores Harold was the next witness
called TO the stand and his testimony
WAS substantially ~ foliiws:
81 know John BArnes, and saw him
just now as I came Ia the door. 10
1890 We went up in the Franklin
who was With you?''
"Chas. Fasselman."
why clo you 20!
az Was deputized By ChAs. Is. Pat
eerson Who was then constable. | WAS
, worn In By justice OF the peace. We
went on horseback. FusselnAn got .
horse from TEN Heudrick's stable and
We went west into the mountains about
Is or 20 miles"
what occurred II anything"
before We got up to the top of the
we captured man with Q
gun aud left him win Barnes. We |
saw n bunch OF horses up far her and |
and | went up n shot rang
1ut from behind some rocks by the |
horses aud l jumped oil my horse and |
-xu around little curve and saw Fus- |
'elmau with bis Winchester raised in |
he act of Shooting |
"Who else did you see besides Fuss
'eiman when you got of your horse?' !
Il saw the defendant"
Did you know him st that time"
Yes"
when did you mex. see bim:'
tween Capt Hughes brought him |
] ere last year"
What lie his name"
"Juan Bernal."
when the volley was fired what
lid Fusselman do?'
II saw him fall of his horse and then
came to town after . posse. l did
,ot know until the next morning that
Tusseluan WAS dead" We tracked the
men TO the river about eight miles |
rom Monsoya. l never saw Fus-
elmap's horse since Montoya ia
,orth of where Fueselman was killed. "
J "Who went with you in the pose TO
he mountains?'
"Dick Rlacker, Juan Franco. Chas.
Bob Ross. Capt. Hughes
md others. Fusselman was armed
With O Wtuchest and q six shooter.
rhey were not found on his persoo
Ie alec bad a watch but l don't re-