El Paso herald. (El Paso, Tex.) 1901-1931, 1910-10-14


teer engineers in the Spanish-AmericaI
| war. After that 1 went to the Philip
| pines and was discharged in 1902 a
| Preside, California. 1 came back from
| the Philippines as a patient L came
| from San Francisco to FL Paso ano
went to railroading when my health
permitted. 1 worked with the Santa
! Fe, FL Paso & Northeastern and the
| G. H. I stopped railroading in 1908
and went into the hotel business, at
| the Southern MOTEL in Ell Paso- When
| I was with the Santa Fe 1 was run
| over by five cars and cut up bad, but
no bones were broken. L was in the
| hotel one month, in the hospital one
| month and for three months I did moth
| ing. 1 was injured on the Northeastern,
J had my ankle broken, and back and
head hurt. Ny head was hit on the
| running board. 1 was injured at an
other time on the Santa Fe when l
fell on my mead. When I was boy
in Philadelphia I was hit on the head
by fireman's horn. There is a scar
now from it. 1 am a cripple The doc
tors say that they would like it better
if my leg was off, instead of as 1t is,
and I wish so too sometimes. l suffer
continuously from my eye and from a
pain in my leg. In the early days L
was a jolly, jovial fellow, but now the
least lHlnS 1EIlldlCS NY anu
can't stand to hear whistling or any
noise like that. Things which happen
today I cannot remember tomorrow.
Nothing had occurred between Kohl
berg and me up to this time to make
me want to hurt him. About year
and a half ago when d. NJ. Payne had
a fire, Kohlberg said to me: If you
get my insurance for me 1 VIII do
lot for YOU We went 10 Stevens's
Il
allow me $500. This is the 5000
referred to just now"
Attorneys for State Confer.
At this juncture the defence turned
over the defendant to the state for ex-
animation and recess of Is minutes
was taken. The attorneys for the state
went into a conference During the re-
cess Leech came over to the reporters
desk and asked which papers they rep
resented and wanted to know if he
were talking too fast for them to take
down his testimony
State Examines Leech.
On examination by the states attor-
neys, Leech stated that he could re-
member things which happened 20
years ago, but things which occurred
yesterday he could not remember to-
morrow He said that he continued
jolly and jovial after the time he was
injured in Philadelphia. 1t was not
that injury which caused noise to worry
him, he said. He said that he had not
been required to stand physical exam
nations when ne entered the service
of the Northeastern and the G. H. Il
first knew Ernest Kohlberg in 1882,
but did not know him personally until
1885,
Continues Army Record.
Leech. continuing his statement rela-
tive to his army record, said that he
enlisted the last time in the engineer
ing corps on September %, 1900. and
that Just having served an enlistment
and earning the title Of sergeant, he
was not subjected to a physical exam
nation, and that he was discharged in
January, 1902. Leech also stated that
until the reorganization of the engi-
neering corps applicants for service
were not subjected to a physical exam
nation.
Then in answer to questions, Leech
said that the only railroad work he
had done since quitting the army serv-
ice was for the Ell Paso & Northeastern
railway in the yards
In reference to the alleged PROPOSE
ton of Kohlberg to Leech as to why
don't you burn out" Leech replied that
Il didn't want to burn out"
Cross Examination.
The cross examination was conducted
by district attorney Howe, who asked:
You also said that Kohlberg told
you that if you burn out you can coll
lect for all you've got and 1 can collect
for what I've got
''Then. in other words" continued the
district attorney, you know he went
into the building and did certain things
so as to allow him for more insurance
and you $500 for loss of business
mo" answered Leech.
What was he allowing you SZOO
LAS damage by fire. replied Leech-
You allowed him to do certain
Things; What did he do?" asked Mr..
Howe.
Leech replied: He came down there
after the fire and said: These rooms
don't look very dirty; why don't you
blacken them up; will you do some
work. 1 asked him, What do you
mean?' He said, 'Blacken things up
some, so 1 can collect more insurance.
Just then a Mexican came upstairs and
after talking with him, they went up
town and came back with spray gun
and two packages of lamp black. Later
they got a gallon of gasoline and went
into the rooms. 1 did not CO..
Then you asked 5000 for that?"
''No, for before that"
Leech also stated that the hotel was
the first house he had ever rented.
Continuing, Leech testified Yes to
he question of, Didn't you state that
the agreement was made in II. b. Ste
vens's office to allow you S2OO?'
Questioned as to Memory.
Previously Leech had testified that
his memory was not good as to a num-
Der of transactions, and the states at
torneys then began on line of ques-
lions on that score
ION June II, Walshe came down to
collect the rent and had a conversation
with you. Is your memory good on
tnat?"
Eyes"
Then constable Brown came and
served a notice on you, and you remem-
Der that?"
Eyes. I remember it, for I have had
nothing to worry me since"
Not Worried.
you're not worried a bit over the
fact that you have killed MANI"
mot the least bit in the world, no,
sir" came the firm answer.
rs the statement true, made to the
jury by Judge Wharton, that you and |
your wife were not excited when the |
notice was served, or was he misin- |