El Paso herald. (El Paso, Tex.) 1901-1931, 1912-11-28


was money theref" asked the attorney.
No, sir" she replied most emphatI-
caIly-
Didn't you tell Mr.. Ross and Mr..
Nichols that she hadn't said anything
ike thatF questioned Owen.
well, l wasn't under OATH she re-
piled. i am afraid to talk to men I
don't know, but what L have told here
is the truth"
Mrs. Edith Evans. whose testimony
in the first trial was ruled out by the
court of appeals. gave the same tes-
tmony again and judge lsaac1s had
taken It under Amusement when he ad-
journed court at 5 o'clock.
Admissability of Evidence.
District attorney NeaIon, requesting
that the testimony relative to the child
saying 4 would have been all right
If mama had not put that stuff in my
coftee be admitted argued the point
before the court after the jury had
been sent out He argued that the
statements Of presiding judge r V.
Davidson, of the court Of appeals, were
not conclusive authority because the
case had been decided upon another
point, namely, failure OF the jury 10
state of what degree Of murder they
had found the defendant guilty lie
further argued that this opinion OF
Davidson was merely advisory ana not
a binding authority because this pOr-
ton was based on a misconcepJion OF
facts.
J. F. Ross, of counsel for the defence
argued that If il was admitted he be-
Heyed it would be held a reversible
error. However, the court took the
matter under advisement and the court
session ended for the day with Mrs.
Evans still on the stand.
In line with his testimony al Tor
mer trials, j. J. Raster testified that
ne had conducted the funeral OF line
OTner and thae he was present at the
post norton examination in his run
eral parlors. He was not cross-e1-
amined.
souri, street, testified that she heard
Mrs. Orner crying the day that Lille
died: went to the house and found
the child dead. She testified having
playing in the bedroom, standing near
the window, clappinE her hands and
apparently in good health
aIeat From Orner Home Kills Dog.
Mrs. \. B. La Rock, sisterlnlaW OF
Mrs. Lucase, who resided at the same
place. testified to having seen the
child at the same time she also tes-
titled that after the funeral she was
standing in her back yard when j. D.
Lee entered the Orner home, and, COM
ing TO the fence. threw some meat over
the fence to her dog in the back
yard ana one hour AFTER eatlns the
meat. the dog died in conYulslons-
Robert John Brooks, a printers ap-
prentice at the FL PasO Herald. tesutled
that he had take ma package 20 the
home Of Mrs. Orner from the Ryan drug
store: that ii was marked c. o D. ana
that Mrs. Orner asked him to charge ~,
out he could not 90 so. He took IL back
to the drug store, where, at that time,
he was employed as a messenger boy.
Mrs. A. K Thomas testifled Jnat she
saw Lille Orne- at noon on the Jay
she died and that at that time MIS- Ut
ner had remarked to her that she reared
Lille would not live long a rev MN
uteS after this, Lille crossed the street
and Mrs Thomas asked. How are you.
Lillie2" Il am very well, thank you,
Lille replied She did LOOK Wen We a.
that time" said Mrs. Thomas How
ever, Mrs. Orner had said several tunes
that Lille was not well
Mrs. Orner Weeps.
While Mrs. Irwin was telling her
story TO the court, Mrs. Orner main
tanned her stOlidity and showed no
feeling. However, when the jury came
back and Mrs. Irwin started second
recital of the circumstances, she burst
into tears. They rolled down her cheeks
and for Is minutes or more she "ept,
sObs shaking her frame, and she mo
her eyes with a handkerchief, Wlplng
the tears away. She had regatned her
before Mrs. Evans, the next
witness, was placed on the stand.
Once during a recess at the afternoon
session Mrs. Orner talked with the
wife of the former sheriff and fondly
caressed the little child OF the latter.
Women who had gone to the ran 20
comfort her the previous day, held
aloof yesterday There were ABOUT ~
of them in the courtroom and nearly all
the other seats were occupied by men,
At the close of the afternoon session,
before the jury filed out, judge lsaacks,
the men said; III there is
anything lacking Tor your ellhi orr
please report L to the court and it viii
be provided" Evidently there is moth {
ing for the men said naught