El Paso herald. (El Paso, Tex.) 1901-1931, 1911-04-06

opened the argument for the state of
1870 o'clock.
Testimony Wednesday Afternoon.
W. B. Taylor, an employe of the Ell
Paso Gas company, was placed on the
stand at the opening Of court WedneS-
day afternoon and testified: i saw
HarIell near the Peoples Drug Store
or San Antonio street and Broadway.
He said, quit the News. l do not
want to have anything to do with that
business Later he said, i
out of him." Witness said he had
worked some for the News on commits
sions.
TT was some time after supper, 1
suppose it was between 1880 and 8
o'clock I talked to him later in front
of the drug store. After our first con-
versation he went into the drug store
and in about 10 minutes came out and
told me that he was going up to beat
out of him. and went north on
Mesa avenue"
Baum Tells OF Threats.
o H. Baum, who followed on the wit
ness stand testified: 'sHarrell visited
my office almost daily. 1 saw him at 8
o'clock the evening he was killed; ne
came into my office and said he was
going to kill Mitchim. He had been
drinking some. 1 did not see him
again I left him talking to Ralph
LOOMS. I did not believe Harrell was
going to kill him. Harrell was not
clustering when ne was with me. l
was very fond of him."
J. F. Coles then took the stand and,
after being sworn, testified: saw
Harrell in front OF Booths candy store
on San Antonio street about an hour
before the killing The same day or
the day before that I was standing in
front of the City National bank, HarreA
said he had told Mitchim that II he
published the picture he would shoot
his head Off I said, You do not mean
that He laughed, turned his head and
said, I guess 1 don't.
HarreIl Shows Picture.
U. S. Devore then took the stand and
testified. ct last saw Harrell between
and $50 the day he was killed. He
picked up my little boy kissed him, and
gave him a nickel. That same day he
showed me "a picture in the News. 1
told him 1 could not recognize it.
''I think it was the day before he told
me he had been down there and II they
published that picture he was going to
kill that -"
When he showed me the picture he
SAID, wen, that . l1iS, anu POoP@O 800
tell -
Brann Takes the Picture.
c. A. Brann, reporter for The
Herald. was the next witness and he
testified as follows. Il was circula-
ton manager of the News at the time
of the killing In company with Ken
meth Ellington, A H. Lyon, a photog-
rapher named Swadley and come others
I went to the Favorite dance hall on
the night of May IS, 1908, about
o'clock and tooki a f1ashlight picture
of 1t.
1.-The following morning HarreH came
into the office, went to Mitchim's pr1-
vate office and spoke to him. I heard
him say If you do I'll blow your -
head Off Then he came down to my
desk, which was about Is feet south of
Mitchim's private office, and said to
me. You heard what 1 told him. and
/ said to Harren, Why. you would not
do that Bill and he replied, well, /
might not blow his head off, but 7
wffl knock it off, and you never knew
me to say I would do anything that
did not do l replied that 1 did not.
"I last saw Harrell alive on that
night about 9 o'clock in front of the
News office. Harrell was outside and
l think ne was sitting on the curb at
the time l came up. 4. H. Lyon, man
aging editor of the News, was there
Lyon said, got a letter from my