El Paso herald. (El Paso, Tex.) 1901-1931, 1910-06-27
JUDGE HARPER GRANTS MOTION OF
LEECH FOR CONTINUANCE Of TRIAL

had occupied the Southern hotel for
about eight years and had always paid
the rents at the rate of 5000 per month
up to within three or four months OF
the homicide. He says his furniture
was worth $4,000 and that he only owed
deceased about $3.50. and that deceased
was. therefore. amply protected
The Material Witness
The most material witness alleged
to be absent is given as one Chas.
NJ. Ball. who. he says, gave him the
pistol with which he killed Kohlberg.
He says he was going 20 look for his
attorney following the serving Of the
dispossesSion notice when he met Ball,
and that Ball, who had previously bcr-
rowed his revolver. returned il to him
and told him that he needed it no
longer Placing the pistol in his pock-
ct he says he went to see his attorney,
but not finding him in. proceeded TO
kohlberg's place of business.
He says that arriving at the place
OF business cd deceased he was trea ted
with contempt, thereby arousing great
feelings of resentment and rage in his
mind LabOring under these feelings
he says that he shot the deceased by
reason of such feelings controlling his
action absolutely, and he being at the
time wholly incapable Of acting other
wise IHdn he QlN- lie sets out that
he had no intention of killing deceased
or doing bodily harm when he went
to the place.
He declares that Ball had no knowI-
edge of any trouble between himself
and KOhlberg when the pistol was
given him.
1t is set out that Mrs. Leech, whose
testimony will be material in the trial,
Is suffering from nervous prostration
and is unable to be present in court
He wishes TO prove by her, he says, that
the deceased suggested that she get rid
OIL her husband, the defendant, and run
the hotel under his (Kohlberg's) di-
rection.
Injury Caused Suffering
Defendant sets out that. owing to an
injury TO his spinal column received
while in the employ of the Santa Fe
railroad and an injury sustained to his
head when he was small boy, he suf-
fers pain continuously: also that he
suffers from a crushed foot and ankle
sustained on the Southwestern railroad
several years ago. Due to all of these.
he sets out that he has not been able
TO control his feelings and actions as he
could before any of said injuries, and that
he is more readily moved and influenced
by the passions resulting from provo
cation given than before he was in
jured.'
Arthur Sweet of Socorro country. New
Mexico. is one Of the witnesses by whom
defendant wants TO prove his injuries.
He also wantt Ben Tolson as a Witness
None of theset he says, are at present in
Ell PaSo cOunt y By reason of his finan-
cial condition, defendant sets out that
he has not been able to procure these
witnesses.
Saturday Afternoons Session.
The Saturday afternoon session of the
Leech trial was a brief one lasting
only an hour No evidence was intro
duced in rebuttal either by the state
or the defense in support of the motion
for a change of venue. Attorney p. r.
Gardner presented the first areument
for the defense, citing a case which |
was tried in Terrence county, Texas.
under similar conditions and which |
was reversed by the higher courr
Judge T A. Falvey presented tho |
only argument for the state, making |
an extended analysis of the evidence |
Judge J. F. Wharton closed for the |
defense citing the same case as his col |
league and comparing the facts of the |
two cases
The court overturned the motion for a |
change of venue.
The defense gave notice that it would /
file a bin of exceptions, after which |
it notified the court that it wished |
time to prepare a motion for post
ponement- The attorneys for the de-
tense were given until o'clock Mon
day morning in which TO. prepare the
motion.
The asking for a postponement in