Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-08-29
ATTEMPT TO SHAKE
KRAFTS EVIDENCE
TESTIMONY IN McALLISTER
HEARING CONTRADICTORY
Capt. Fox Says He Saw No One on
Street During Shooting - Tom
Says Crixell Threatened to Kill
McAllister and Others.

IOIner Jnan mat ALREADY brought out,
was developed yesterday in the hear
ing Of Paul McAllister With the
exception of Capt. j. NJ. Fox. only
defense witnesses were heard The
\ defense Tuesday reserved the right
to recall Capt. Fox for cross-exami-
nation. He was placed on the stand
yesterday morning and his testi-
nony consumed the morning session
In the examination Of Capt Fox,
the main objec- of the defense ap-
peared to be to impeach the testi-
mony Of J. H. Kraft, who testified
Tuesday afternoon.
The feature Of the examination
in he afternoon was the story Of
Tom Tate, who testified as to threats
made by ]. L. Crixell last April
against him and others. He stated
that Crixell had threatened to kill
him, Joe Longoria and Paul McAllis-
ter when the three latter arrested
two policemen, Will Crafts and NJ
Trevino, and had them in Justice Of
the Peace V. Gavito's office.
Captain Fox was placed on the
stand at 1915 a. m. and remained
until 11:40, when adjournment was
taken until 1880 p. m.
He was examined by Attorney
Jones for the defense. In response
to ques ions, Mr.. Fox stated that he
did not see the parties when the first
shot was fired He had been up
town since supper time, and was
talking to Mr.. Lopez in front of the
latter's place Of business. Just be-
fore the shooting he was in front of
the Bank bar talking to Johnny
5crivner, and was standing up get
ting ready to go home. He could
not tell whether Scrivner. Jones or
Mercer was closest to him.
He had seen McAllister ten or
fifteen minutes before the shooting,
maybe longer McAllister, he said,
came along going down Elizabeth
street. He did not notice anything
strange about McAllister's appear
ance.
This line of questioning was OBJ
iected to by the prosecution, but the
objection was overruled. The de-
tense continued
Fox had known McAllister since
last November, and knew him in.i-
nately for six or seven months. He
did not see McAllister when the lat
ter sat down in front Of the Club
bar.
Witness testified that he knew Joe
=. Crixell. He saw him twice be-
fore the shooting, once thirty min
utes before and alone. He did not
know where McAllister was at at
that time. 1t was light enough for
CriXell to see McAllister while he,
Crixell, was passing down the street.
Two or three men were with Crixell
when fe returned up Elizabeth
street. When witness got out of his
chair he saw Joe Crixell standing on
the sidewalk in front of T. Crixell's
aloon.
Capt. Fox was not certain. but
hought that a hack and a buggy
we're standing in front Of the saloon.
lie was uncertain as to whether or
not these distractions would have
| been advantageous to Crixell when
he latter walked toward McAllister
The vehicles, he testified, were up
against the cur5ing between Crixell's
saloon and the Club bar.
Witne-s said he knew in a gen
aral way that there was bad feeling
between the two men.
Some argument was INDUCED in al
| this point between counsel for both
-ides 1t began by an objection BY
the prosecution that direct examina
tion was being made, but defens'
likewise claimed that they werl
cross-examining the witness. At
torney Jones then asked witness /
he knew that Crixell and McAlliste
were not on speaking terms. Afte
an objection the court ruled tha
leading questions could not be asked
Mr.. Fox said that he was betweel
50 and S. feet from the shootin
when II occurred He had s'eppe
off the distance since that time 70
} curiosity. He did not see any on
IN the street at the time OF th
, shooting.
I He did not know Mr. Kraft Wit
ness did not notice anyone on IN
gallery of billiard hall over Ban
CONTINUED from page four.)