El Paso herald. (El Paso, Tex.) 1901-1931, 1911-04-06
Witnesses Declare No Billy
Was Found When Harrell
Was Picked Up.

The cease of J. F. Mitchim. charged
with the murder of Monroe McClurg
CBill) Harren. on the night of May 20,
1908. wiz go to the jury about 5 o'clock
this evening.
At 1880 Thursday morning assistant
district attorney James J. Murphy
opened the case for the state and at
torneys stated that not over two hours
would be taken up by counsel for each
side in summing up.
fence in the afternoon. was followed by
Dan NJ. Jackson. and district attorney
Joseph NJ. Nealon opened the closing
argument
All testimony introduced by the
state during the mcrning was for the
purpose of discrediting the claims Of
the defence relative TO the alleged find
ing of 4 billy near the body of Harrell,
though the defence was not permitted
10 introduce the deposition Of Cecil
Stultz. who is claimed to have found
the instrument in evidence.
Dispositions Not Admitted.
The defence insisted that the court
admit the dispositions, to the admission
Of which Geo. Estes, while district at
torney. agreed But the court sustain
ing the objection of the district attor
ney. made on Wednesday, denied its ad-
mittance.
The testimony of A H. Lyons, once
managing editor Of the News, at the
habeas corpus hearing was introduced.
Therein he testified relative to show ing
Harren the print Of the original mega
tive OF the dance hall picture and Had
rel said, THAT is all right. I do not
seem TO be IN there"
District attorney Nealon was here ex-
cused in order to call the grand jury to
order.
r. v Bowden then took the stand.
testified that he had examined the
News but could not recognize Harrelrs
face in the cut
He also said Lyon had seen a billy,
said to have been found on the sidewalk
after HarrelIs body was removed. and
got it from Cyrus Jones, who stated
that he got it from J. J. Stultz, father
Of Cecil Stultz, the former of these two
having given it to Mr.. Jones in my Of
flee
THAT is the same billy Lyon identi-
fled in my office" said Bowden, re-
ferring to a leather covered billy on the
table
I'm May, 1908, there were two district
judges. a county judge and two. JUS
tees of the peace here
Cyrus h, Jones was a notary public
in FL Paso county in May. 1905"
Rebuttal Testimony.
The defence then rested at 10:15 and
VIII Hord was recalled by the state and
said. II saw HarreIl go toward the
News office on the night of May 20. 1
think he came out Of the Apex bar in
which place he did not remain more
than Is or 20 minutes. I did not see
him as he came out I do not know If
he wore-a vest or not. I searched out
side .HarreIls hip pocket. did not see
seyfhing that resembled that billy. If
I had seen that would have picked it
up. 1 searched on the outside under
HarrelTs arms and down outside his
hip pockets. I put my arms under his
coat I saw no weapon of any sort L
was in conversation with a friend ana
was facing north.
Saw No billy
@. A Martin was then recalled and
said: II stayed in front of the News Of
flee until or 10 minutes after Harrell
was removed. did not see any weapon
whatever there, either as lIarrells body
lay on the sidewalk or latter. Harry Pot
ter and 1 were standing near HarrelPs