El Paso daily herald. (El Paso, Tex.) 1881-1901, 1901-03-09
Mrs. Perry was.
Found Not Guilty
JUDGE HARPER HEARD THE
ABUSIVE LANGUAGE CASE
TODAY.

After hearing the argument on de-
PENDANTS motion to dismiss the COM
plant on the grounds of the manner in
which it had been drawn up. Judge
Harper overruled it.
The defendant. Mrs. Perry and the
chief prosecuting witness. Mrs. Reba
Long. did not arrive until aftear ten
O'Clock and the taking of evidence was
not begun until eleven. Defendant
waived the right of trial by jury, which
privilege is guaranteed by the consti-
tuition and is considered as sacred as
the writ of habeas corpus.
The jurors were excused and the case
went on trial before Judge Harper.
Mrs. Long Testifies.
Mrs. Reba Long was the first witness
A half dozen others were sworn but
they were required to withdraw from
the court room after they had been
sworn The strain which Mrs. Long
has bene undergoing during the past
few days was evidently beginning to
tell on her.
Mrs. Long said she met Mrs. Perry
north of the tracks one day last De-
cember. Mrs. Perry drove up behind
her and used some very ugly language.
Witness was required to repeat the
language but did so unwillingly. The
epithet alleged to have been applied to
her was very vile one.
According to witness Mrs. Perry was
driving very slowly until she got to
portion of the street where there were
no pedestrians but witness, then she
drove up rapidly and shouted the
words.
Cross examined by Judge Uvalde
Burns. witness said the hour was about
noon when the incident occurred and
no one was in the vicinity that she
knew of except Col. Bob Campbell and
his two sons.
The entire examination Of the wit
ness did not last over ten minutes.
Col. Robert F. Campbell was the next
witness. One day last December wit
ness saw Mrs. Perry driving down Mesa
avenue near Mrs. Long. who was walk
ing. Witness stopped and watched
them after they had passed. He was
excused without cross examination and
Stafford Compbeli was called to the
stand. Witness corroborated the testi-
mony of his father ard the state rested.
Mrs. Perry Positive
Mrs. Augusta Perry was asked to
take the stand. Her manner was more
than at the previous trial this
week. She was sworn and said in an
swer to question:
1 did not address any remarks to
Mrs. Long on the day mentioned
when l met her on Mesa avenue
Cross examined she said she harbor-
ed no ill feeling toward Mrs. Long at
that time and was simply driving down
the street.
Il never spoke to her and am not on !
speaking terms with her For four |
Teen months mad not been on speak !
ing terms with her."
rs it not fact that you met Mrs. |
Long near the post office n short time !
ago and called her a dead beat?"
Objected to by defense and an argu-
ment resulted which was listened to at |
Lentively by the witness.
The motion was overru1ed and the
witness emphatical1y denied that she !
had called Mrs. Long a dead beat at the J
time and place mentioned. I
Il have not spoken to her in over |
fourteen months" she said.
Miss Alice Booth was called She '
aid she knew both Mrs. Perry and Mrs.
Long. At the post office block in No /,
5ember 1900. she heard Ms Perry call ,
Mrs. Long a dead beat
Mrs. Perry was driving by and Mrs. |
Long was with the witness. Witness
vas frightened by Mrs. Perry's man
ler.. On another occasion witness |
| similar manner near the Gist house
Mrs. Long was recalled and testified .
hat on one occasion Mrs. Perry called
Ter dead beat and on another ad- /
Iressed words to her which she did not
learly understand. Witness was afoot
IN the sidewalk and Mrs. Perry was
irving.
Mrs. Long was cross questioned
losely relative to her civil suit against
1rs. Perry for alternating the affections
+ her husband. She was asked il she !
lah ever accused Mrs. Perry with any
improper relations with anyone and re-
lied that she had not
Judge Harper asked Mrs Perry sew
raj questions about the abusive Ian
uage incident and she denied having
poken to Mrs. Long
Mrs. Perry addressed Attorney Nc
lelligon. counsel for the state insist
ng that the damage suit petition be
reduced. saying that in it Mrs. Long