El Paso herald. (El Paso, Tex.) 1901-1931, 1911-04-06
CONCLUDE TESTIMONY AND BEGIN.
ARGUMENTS IN THE M|TCHIM TRIAL

head. Potter q think il was he) was
holding a light 1 looked on the ground
TO see if there were any weapons there
The officer had moved the crowd back.
1 do not remember seeing Mr.. McGown
writing and did not hear him ask for
any paper. McGown was leaning over
Harrell do not know If Potter
handed the lamp to someone else or not.
HarrelFs head was about eight inches
from the curb.
Il did not see anything on the side
walk about him. I looked carefully"
Saw No Billy.
Robert r. Neill was next called and
said: Il was at the Brazos flats when
heard the shot fired. I walked down
Mesa avenue and saw a man running
from the Orndorff toward the News Of
flee. There was a body stretched out
and seven or II persons there. / was
right at the body and stayed there I'M
til it was removed. I saw no weapons,
saw nothing that resembled that billy.
When the body was>moved I looked at
the space that had been occupied by the
body. I am positive OF seeing W. c.
McGown there. be was by the wounded
mans head and I think, had his knee
under his head.
Could See Plainly.
My recollection is not clear as to
where 1 was when the shot was fired,
but I was either inside or just outside
the Brazos flats. I walked down Mesa
avenue rather rapidly. The defendant
was not there; Henry Kelly was not
there; Park Pitnan was not there; Jim
Conklin was not there when 1 got there.
No one was attempting to administer
to the wounded man but within a min
ute about so men were there and
crowded about the body. Suggested
that a Gordon be made to keep the
crowd back and give Harren air. I
cannot recall whether G. A Martin was
there or not I do not know Cecil
Stultz or Frank Herkert
> My opportunity TO see anything fall
from his clothes as he was placed in
the ambulance was good
Saw No Billy.
Jim c. Conklin, the next witness, was
sworn and said: Il have lived in Ell Paso
since 1888. I was on the other side of
the street walking east when the shot
was fired. c. E. Kelly was with me- I
ran right across the street I saw
Harrell lying on the sidewalk and saw
Mr.. Mitchim there. / heard Mr. Harrell
call Mitchim, oh Mitchfnr Then 1
heard the shot fired. I stayed there
until the body was removed I saw
no weapons on the deceased or near
him. I had the boys head on my knee
I was sitting on the curbstone I did
not see anything that resembled that
billy, nor did 1 see a newspaper there
rolled up.
Got There First.
'At the time the shot was fired I
was about midway betH cen Mesa avenue
and Stanton street where the shot was
fired do not know how far ahead
of me Kelly was.
81 was looking across the street part
Of the time and heard HarreIl call.
knew HarrelPs voice. was the first
at the body. VIII Hord then came up.
Il held Harrelrs head all the time
because his head was hanging over the
sidewalk. I was not looking for any
thing like that there.
Mitchim and Harrell were about
feet apart I did not see Kelly run
over. I saw him en- the other side"
Drank With HarrelI.
T. NJ Ryan, the next witness. said:
81 was with Harrell in the Apex saloon
the night he was killed. My baby boy
was with me. l took drink of beer
Harrell left first. In about minute
I heard a shot fired. Harrell and the
baby drank a glass of beer together in
the wineroom- He had put little Joe up
on the table.
Never Saw Billy.
81 do not know what Harrel did after |
he took Joe into the wine room. I
never saw that billy before. did not !
see Harren with it the day before. L |
never saw anything like that billy in |
my life before Harrell brought the |
baby out and gave him to me at the
bar"
At 11:20 the state announced that it |
rested its case and the defence put r. |
Y. Bowden on the stand and he said:
q know Cecil Stultz but do not know |
where he is now. I have been trying !
to locate him. He was here in Novem- !
Der. I never had him recognized. L |
had no reason to believe that he wouto |
not return"
Bowden then asked himself the ques-
ton as to whether or not he had any
conversation with Stultz as to whether
or not he would remain in Ell Paso and
he said he would, or would notify Bow
den.
The deposition of Stultz was again
offered but its admission denied.
Both state and defence then an
nounced thar they closed and assistant
district attorney James J. Murphy