The weekly herald. [volume] (Amarillo, Tex.) 1906-19??, 1907-06-20
ELLSWORTH
WILL APPEAL
Prisoners Attorney Changes
Manufactured Testimony
Cites New Evidence

Alleging that important testimony
going to prove his client innocent Of
the charge against him had been dis
covered after the testimony in tho
recent trial was already in and the
argument begun, and further alleg-
Ing tina, al important part of the
states testimony was manufactured
TO suit the circumstances, Attorney
l.. c, Barrett filed motion this
morning before the district court for
a new trial for Frank Ellsworth,
Alleges False Testimony.
In his statement before the court
and in the argument Judge Barrett
fatty accused the state or the Off
GERS connected with the prosecution
of having deliberately manufactured
the testimony Of the old corral boss
Rodgenbuck, In regard to the suit
case which the state alleges was Earl
Dockray's and which the defense
sought to prove was Ellsworth's own
The attorney discredited the witness
by citing facts In connection with
his cross examination OF him and
said that the fact itself that such tes-
tmony had been kept profound
secret from all parties, the defense
included went to show that some
thing was wrong with it and that the
story had been concoted by the Of
Ulcers with the hope of strengthen
ing the evidence and securing con-
vlcuon, thereby obtaining the large
reward which the citizens Of ANA
rillo have offered for the conviction
Of the murderers.
Furthermore the attorney attach
ed to this statement, the sworn dep
ositions of NJ. f. Dewitt, owner of
the Stag saloon in which Ellsworth
was employed as a porter last fall,
and Fred scoggins his bartender who
was in the saloon when Ellsworth
was there. These men, said the at
torney, had recalled the fact after
the ink spot on the grip had been
described in the testimony of the
state, that last fall while Ellsworth
grip was in the saloon that Dewitt
himself had tipped over a bottle of
ink and that It had run down on the
suit case. scroggins stated that on
that occasion he said to Dewitt Now
you've played hell with Franks suit
case" The men did not recall this
till the final argument was being
made an dthen the court would not
allow 1t to be introduced,
On the ground that these facts
should be heard in new trial the
states chain have developed and on
the next trial several new and i'm
portant witnesses would be intro
duced. II is quite possible that the
prisoners attorneys will be able to
secure him new trial. Judge Bar
rett is very successful in securing
rehearing by appeals to the upper
courts and in this case he says he
is confident of a reversal
For Mrs. A. A. Lumpkin,
Mrs. A. A. Lumpkin, one OF the
June brides, who Is a new conner to
Amarillo, was the guest of honor at
reception given by her sister-ln-
law, Mrs. Otis Truelove yesterday
afternoon at her home on Taylor
street.
Mrs. Lewis Anthony and Mrs. John
Ward met the guests at the door
In another room in the receiving line
were Mines, A. A, Lumpkin' A. r.
Lumpkln, otis Truelove, G. ], Num-
Clements and Miss Stevenson. In
another room from an alcove massed
in foliage plants and blossoming
flowers, ladies' of the house party
served the guests with delicious fruit
punch. From the music room, Misses
Babb, Works, Cartwright and others
4.
favored the company with music
during the afternoon,
For the reception the invitation
list was quite large and the parlors
were thronged all afternoon with la
dies who embraced this delightful OPP
portunlty for meeting and welcom'
ing Mrs. A. A. Lumpkin to Amarillo
49, aaNVI, DnEGUuyE