El Paso herald. (El Paso, Tex.) 1901-1931, 1913-10-09

Orner murder trial when witness
B. f. Van Horn. of FL PasO, said he was
at the Orner home the night Lilly died
and that Mrs. Orner, taking hold Of Mrs.
Archer, said: 4 have killed Lille. What
shall I do, what shall / do?"
DR.. W. /. Brown, of FL Paso, testified
that ne went to the 0rner home shortly
after Lille died and viewed the body.
lie said Mrs. Orner seemed to be grief
stricken; in fact, tha1 she manifested
great deal more grief than was usual
IN such cases. and that he gave her
hypodermie to quiet her nerves, after
which he conferred with some of the
neighbors and then notified the coroner,
T. B. MeClintOck, who took the body
in custody.
Told No One of Suspicious.
The following day. Sunday. DR..
Brown said he took part in the autopsy.
which. he said. satisfied him conclusive
~. that the child had died from some
corrosive poisoning. either arsenic or BIZ
chloride ef-mercurY.
DIR. Brown testified that he told no
one but told no one positively that
o. the stomach. he said. were analvzed
by DR.. Rogers Sunday afternoon, follow
ing tn death Saturday He said he nav
have expressed his suspicious to some
one, but told Done positively that
arsenic WSs the cause of the DEATH
Mrs. 0Tner Weeps.
During DR.. Browns testimony. when
he depicted the grief of the defendant
and intimated that her grief was sim
ulated the defendant sObbed and wept
a great deal. The defendants parOxyns
of grief during the afternoon were often
checked suddenly as the defendant would
lean over TO suggest some question to
be asked witness pertinent to the
testimony being given.
Van Horn Testifies.
DR. Brown was followed by B. F. Van
Horn who testified that he had known
the defendant for about four years prior
10 the death of Lille Orner. He said
that he was a driver for Longwell
Transfer company at the time of the
death. and that he had often driven Mrs.
Orner in his hack. He said he went to
the Orner home the night Lille died
and said that there he saw Mrs. Orncr.
Mrs Archer and Harry Sheppard. He
said that Mrs. OTner cried: 4 have killed
Lille
The witness said that Mrs. Orner
took hold of Mrs Archer and said, Il
have killed Lille, what shall I do
what shall / doE He further stated I
that ne drove Mrs. Orner. Mrs Sadie
ErWln, MIS- Archer and J. D. Lea to !
the childs funeral, and that on the /
way home Lea was taken violently i'll /
with vomiting spells, and was obliged I
70 leave the carriage
Defence Objects to Testimony
Counsel for defendant VIGOROUSLY OBJ /
leeted to this testimony, but the OBJ /
lection was OverTuled- On cross exam /
lndllon the witness, B. +. Van Horn !
was asked II he knew that J D. Lea
mad been on a big drunk the night be-
iore the funeral, and if that was what 1
made him sick The witness answered
ne did not know.
me state had previously issued a
subpoena for the Harry Sheppard. men
uOheG by Van Porn as one of those 4
VINO heard Mrs Orner say 70 Mrs Arch
er mat she had killed Lille and in re-
Spouse Harry Sheppard was served !
with the subpoena in Ell Paso and he
arrived Wednesday. but he was not the
right Sheppard. The state announced
ne was the wrong man and asked
mat The court excuse Sheppard from /
further attendance but counsel for de- |
Iendant insisted that the witness if ex-
cused must be sworn and kept in at
'eHoahee at ocurt, which was done.
State Rests.
After Van Horns testimony the state
su9uenly announced that it rested and
1elenuants counsel asked for four or
i've hoars IN which to consult. After
some argument the time was granted !
and the Ocurt adjourned until Thursday |
morning at nine o'clock
IN N thursday morning, the state with .
uIeW It's announcement of having
ISsleo and put W. B. Ware. former /
democratic county Chairman oe n
Faso county on the stand
Where J. ID. Lea Is.
NJ ware testified that he was at
eOiAey Tor J. D. Lea when Lea was
crlpped by an accident in FL Paso and
-1St Lea was now in Arkansas
II l. J. Bush, of FL Paso, testified
Ia Ia ne was j. D. Lea's physician and /
thaI Lea was now badly criDD1aJ -
unaDle to travel and that he rvas =;
NJ ssdnsas on the advice Of DR.. Rusb
! MS testimony was for the nurnoee of
accounting for the absence of 7 n
80 Inc state rested at 10 O'clock
Thursday. OS1O0A
Defenee's Motion OverruIed
ne oeIenoant Immediately filed
- 3ILIteh motion to instruct the jury to
ina verdict of not guilty on tbe
ground that the state had NOT mede
out case but the motion was over
uleu and the defendant onened ba-
+c - Llrst introducing in evidence the
lsstlmony given by c. H Webster Of
ne midland trial Webster was form
SrIy a state ranger. He testified thai !
ne went 10 the Orner home the dav of
- tunerai OF Lille, and that J. d.
Lea told him that Mrs. Orner had in
suIance on the life of Lille in fbe
NauOnal Insurance company of To71ie1
VIE KY. and that he searched for
IN Poncy but did not find it and !
nat ne later wrote to the company in (
unclaimed Gu
Delaney Testifies.
next wi !
hess for the defenadnt He testified
-haI ne knew J. D. Lea and that he mot /
Sea early on the morning after fbs !
lestn OF Lille Orner, and that lea
-old MN. that Lille had died from
poison The witness was not positive
mat Lea had specified the poison as ,
arsenic but thought that arsenic was !
nenIoned by Lea He also testified 1
nat mrs. Orner had never treated TjI-
le badly that he had been in the I
Jrner home frequently and had never | !
,een the child mistreated bv Mrs !
Jrner He further testified that he
IneW the witness Mrs Sadie Irwin and
lad talked to her about the Orner case
mo that Mrs. Irwin had told him that ]
me was testifying on account of fhe
-ase where the money was, and that
> Lea had case coming I'D in court
-galnst the FL PasO Electric Railvav S
company for damages and that If if I
Norked out all right and Lea got a I
'erolct she would be fixed up and get I
ome or the money from Lea /
Denied Intimacy With Mrs. Orner. !
On s-eXamination by district at :
orney Brlogers the witness testified
nat he had been married but was
lVOrced- He testified that he had
frequently visited Mrs. Orner during I
ne time he was yet married In re-
ponse to the question if he had not {
zen on improper sentimental terms I
q z-E.