El Paso daily herald. (El Paso, Tex.) 1881-1901, 1901-02-08

got up and said: Il Just wanted tc
know If we couldn't havea little fire
in the court room. We are sitting
in a draft here and are all taking the
grip. There is no fire in the stove"
The faces of the lawyers were a
study
Make fire, Mr. Sheriff." ordered
the court "and keep the stove hot"
The defense after consultation an
nounced that it would rest. The
prosecution put on a few more wit
nesses in rebuttal and the lawyers be-
gan their arguments.
Yesterday Afternoon Session.
When The Herald went to press yes
terday G. E. Walker was still on the
witness stand.
How long after Hall fell was it until
you go ito his body; was he dead?"
asked Mr.. Patterson.
Not long; he was still groaning."
A diagram of the camp and sur
roundings was produced and exhibited
to the jury. The witness explained
the positions of the various parties.
Witness was asked to illustrate the
shooting and did SO in a graphic man
ner; showing how Seeley WIS in
squatting or STOPPING posture when
Hall threatened him. Seeley jumped up
and as he did SO pulled his pistol.
Herring was off to Seeley's right and
took two or three steps to get behind
him. After firing two shots at Hall
Seeley turned and fired at Herring.
Patterson got the witness we'll tang
led up on the movements of Seeley
and Herring during the shooting His
cheeks were flushed and his hair dis
heviled. He squirmed in his chair and
yawned frequently.
Witness asserted that Seeley had on
no coat when he shot Hall; on redirect
examination witness said he had not
told Lum Anderson after the fight that
he saw no iron
Lee Wheels.
Lee Wheels was called. Deceased's
brother told the witness after the kill
ing that Hall threatened to kill Seeley
and stopped over to pick up a piece of
iron that was on the ground He was
satisfied that Hall intended to pick
up the piece of iron.
Gross examinedD How MANY times
have you been indicted for cattle steal
ing?"
Never been indicted for cattle steal
ing?"
What were you indicted for?"
Nothing but some little old fning
cases.
latter part of November. He and Hall
were on speaking terms and that was
exactly what Hall had told him.
Redirect. Witness said he was new
er indicted only jerked up by justice
of the peace once or twice and fined.
Seeley Testifies.
1t was a little after o'clock when
the defendant Red Seeley was called to
the stand to testify in his own behalf
He was cool and collected and told a
well connected story of the killing He
said:
Il had finished dinner and walked
around to where Ben Castle was sit
ting. and said: Let's go.' Hall came
up to me and said: 'Seeley, 1 under
stand that you are going to swear that
l have been killing ND horses and if
you swear to that, - you, l will
kill you,' Herring then remarked that
Lum Anderson said Seeley and Stetson
say you have been killing Nd horses. |
L then looked toward Herring and no. |
ticed that he was watching Hall very
closely. This made me look in Halls /
direction and l saw him reaching his
right hand for an iron. | then arose
and shot Hail. Herring was coming
toward me and after l shot Hall 1
wheeled around and shot at Herring in
that position and again after he had
turned around and was running away.
The witness explained that he went
% Bob Halls camp to get a horse that
lad been given him by Tom Hall. He
said Bob Hall owed him nothing for
work and he had never made any
hreats.
"A year ago." said he, Il had trouble
With Hall over yearling. He asked
ne where got certain yearling and
ola him it was none of his business
Hall said he didn't like my way of do
ng business. / told him | cared moth
ng for his opinion and that if he
hOupht he cOuld lick me tO come