El Paso herald. (El Paso, Tex.) 1901-1931, 1911-11-07
MEN Do
OWN QUESTIONING
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CONTINUED from Pase -
court. After looking up the law, com
missioner Oliver ruled that the hearing
being only a committing magistrates,
and not one to try the accused men for
their guilt or innocence, would be held
jointly, as the complaint had been
drawn that way. Ellis promptly asked
that his objection be entered in the
record, which was done, along with
those of the other three who were be-
ing examined. Clark took a promi-
nent part IN the hearing, advising the
men and finally taking the stand In an
effort to show that Ellis, Wilton and
Miller had nG,hing whatever TO do with
the case.
Attorney EngeIking permitted each
Of the men, including Clark, who was
not legally entitled to a part in the
hearing, to ask all the questions they
wished Of the witnesses cross examine
them and frequently cOmpltmented the
men upon their clever cross question
ing, and once admitted that Lynch had
scored a point on him In the cross eX-
animation.
Boy Identifies Lynch.
Each Of the men waved voluntary
statement and admitted that they had
no lawyer nor funds to retain one Inen
the first witness was called. lie was
Willie Chernin. a boy who conducLs d
second hand store on south III Paso
street together with his father, j. n
Chernin. The boy identified Lynch as
the man who had offered him stamps
for sale and had talked to his rather
about them. Here Lynch scored MS
first point by asking the government s
witness Il he had said whether they
were trading stamps, United states
stamps or Mexican stamps. 4Lls
brought a laugh from the crowd ana q
compliment from the district attorney.
The elder Chernin was then called and
testified that Lynch had or1ered MN
$3.50 worth Of stamps for $500. Also
nine diamonds If they would De DouBuI
with the stamps. Lynch objected Ire
quently to the questions asked CheTnln
by attorney Engelking5 and once nal
his objection sustained. Lynch plleu
the second hand dealer with questions
regarding his business and had the VII
ness so nervous that he Irequen1y
stood up and sat down IN answering
the prisoners sharp queries.
Gets SaIOOnkeeper Tangled.
J. O.. Miller, a salOOnkeeper on SoutH
FL PasO street, was then calIeI y -
government He said he had been ap-
preached by Lynch and asked II ne
could not make a fence mere 1or MN
(fence being thieves word Ior a plaGGSS
to sell stolen property. he a-so So So
that q man told him that there was F4UV
in IT if anyone could get Lynch our
of jail after he had been aEresl5u-
Lynch took the witness ana De5a4
rapid fire questioning as 70 Wnelus5
his saloon was open on sunday anu
whether or not IT was possible TO ouy
whisky there on Sunday morning E1S
had Miller on the defensive IN Ll4l-
ute, denying these charges as II ne
himself was on trial Ellis then IOoA
the witness and asked him II he could
identify him in any way with the az
fair. Miller said he could not rms
line Of cross examination was eaTrleu
out by Ellis and Miller, also by w nltton
with each succeeding witness with tell
ing effect IN their favor, as only one
man could connect them with the case
at all
Barney Farley, private detective ana
the man who worked up much OF Lne
governments case, was next called. De
tective Farley told Of meeting nLLIon
in Juarez after he had identified WHIT
ton and Clark He introduced new
character into the case BY speaking OF
the Overall Kid" who had broughL
the stamps to Clark He also told OF
Whitton's alleged remark that there
were plants Of the "stlckers. stamps
and q can Of gold and nine diamonds.
This was as much as was ever SHOWN
OF the whereabouts Of the supposed can
Of old gold and the diamonds, about
which much had been made by the de-
Bartender lForrisOn's Story.
It was when A. A. Morrison, bar
tender, was called that the anna t5ur at
torneys got in their real work MOT
rfson said he had seen all five OF the
denied by all Of the men who said they
had never been together at any time.
Morrison said that Lynch had made
proposition about some stamps to him
and that he had notified patrolman
Hughes Of the police force, who failed
to arrive at the Legal Tender saloon at
the time arranged for the meeting TO
transfer the stamps. A sharp clash
occurred between the witness and Ellis
when Morrison said that Ellis mad tried
TO take money off Of a man in his sa-
loon. Ellis went right after him with
questions regarding his part in the at
fair.
Testimony Objected To.
But it was Lynch that was the star
cross examiner Of this witness. He
attacked the veracity Of the witness,
after stating to the court that that was
his purpose in asking questions Of him
He forced Morrison to admit that he
was under indictment on the charge Of
forgery and made other serious charges
against the witness regarding his We
racity and his reputation. Frequent
clashes occurred between Lynch and
Morrison in which Lynch had decidedly
the better Of the argument. As MOrri-
son was the only witness that connect
ed Ellis and Miller with the case, they
finally requested that his testimony be
impeached, and they insisted that he
was only trying to stand in with the
police by testfying against them.
George Harold and o. W. Smith. city
detectives, were called and testified to
seeing the men at different times and