The weekly herald. [volume] (Amarillo, Tex.) 1906-19??, 1907-06-13
lrrom rhursday,s paIIyA

Are Chief Cubbon, OF Wichita
Kan. the Dutch foreman, Sam West
". N. staples and the other men from
the Tandy ranch In ochlltree coun
~. tho Hereford restaurant man
Sheriff Hutton, OF Dalhart, officer
Stewart. John Edge, and other wit
nesses "mistaken" or otherwise mis-
guided In stating facts or have Ellis
worth and Burk flatly defled the
truth IN a desperate effort to escape
convictiong
The men and women who have
packed the court room during the
four days while Frank Ellsworth
has been tried for the murder OF
Earl Dockray are debating this ques-
ton with themselves and each other
and before the twelve Intensely ear
nest men IN the jury box, District
Attorney Bishop, with his assistant
counsel. Gustayus and Jackson for
the state. and l.. G. Barrett with
his assistants for the prisoner, arc
threshing out the question In the
ilnai argument. Tho summing up IN
The case began this morning and
may be closed this afternoon.
Ellsworth Admits Guilty knowledge
In last December, Ellsworth was
renewed from the Jail here whore
he and Burk had been brought after
their arrest In Wichita, Kan, and
taken 10 jail In Dalhart 80 that the
two men could be kept separate. Al
Dslhart, Ellsworth had several con
yersatlonB with Sheriff Hutton and
in his testimony yesterday Mr. Hut
ton told that Ellsworth had on one
occasion sent for him and told him
that he could give some informa-
ton.
II know I'm up against It." said
Ellsworth. according to the sheriff's
testimony. "but didn't kin the boy
/ know who did. The party met me
the next morning after the killing
and gave me some OF the money, III
| was out OF Jail could lay my
hands on the man that did tho work
in twenty-four hours" He mem
TONED letter and said that he had
written his wife, and that when he
heard from her, he would expalin the
whole thing. The letter never came.
In a second conversation, he ex-
planned about the mysterious letter,
saying that II was written in a wom-
ans hand writing, he believed 1t was
from the party that gave him the
money the morning after the killing,
aud that the party was somewehre 10
Oklahoma. In the second CONVERSE
ton. Ellsworth said that he had
nothing to DO with the murder,
Ellsworth also later stated that the
letter was simply aletter from some
woman trying to trace relationship
with his family The sheriff denied
that he knew OF a detective being
placed in the cell with Ellsworth to
secure evidence, and further denied |
that Ranger Thomas had struck or
Otherwise abused the prisoner In at
tempting to get a confession.
Suitcase not Purchased at Davidson's
In HIS statements to the Officers
at the time OF the arrest and before
the grand Jury, Ellsworth maintain
ed that he bought the suitcase which |
the state alleges was the property Of
Earl Dockray. in Amarillo in Sep
temher In double brick store on
the corner opposite the postoffice
building. Yesterday j. D, White, OF
the Davidson store, which is the
store that answers the de-
scrlptlon, was put on the
stand yesterday and testified that no
suit case like the one in question
could have been purchased at tho
Davidson store during September or
October. From invoices, stock
books, etc, Mr.. White was certain
that no suit case OF that kind and
grade had been In stock at that time.
B. T. Ware corroberated the story
OF Chief Of Police snider in regard
to the finding OF the boys clothing
IN the tank car on the Denver track.
Identified Earl Dockray's Grip.
An important single witnesse yes
terday was B. Rodgenbuck, OF Com
fort. Texas, who was corral boss for
J. w. Orchard, the railroad conduc-
tor, in whose camp Earl Dockray
had been employed before leaving to
come 10 Amarillo. while working
with the construction gazing. ftirl
Dockray lived In Rodgenbuck's tent
RE met Dockray IN III Paso July
5 last summer in company With a