El Paso herald. (El Paso, Tex.) 1901-1931, 1913-02-25

sleepy having been engaged in Shad-
owing a man the night before. and that
after Atkinson left the room. he IN
loOsened his shoe laces and lay down
on the bed and went to sleep. The next
he saw of Atkinson, Ross testified, the
latter had caught him by the shoulder
and jerked him up into a sitting posi-
ton, eXclaiming- .'They are on to us.
Hurry and lets get out of here"
The Handkerchief.
The white handkerchief with the
peep holes" relied upon as incriminat-
ing evidence by the state, according to
the testimony of Mrs i. Z. Ross, wife
of the defendant Tuesday morning,
was in a package with Ross personal
effects which she said they intended
returning. Frank Clark. the jailer a
witness called by the defence, testified
that the handkerchief in evidence was
the one taken from Ross when he was
searched at the police station
Says Telephone Wires Not Cut.
H O. Wilson. called by the defence
Tuesday morning, testified that he had
visited rooms pa and PIC at the Hotel
Mccoy. He said that he had examined
the telephone wires and they had not
been cut He stated that it would not
be possible for the wire TO fall on the
floor if ii had been cut
On cross examination, the witness
stated that he was in the cleaning bust
ness and was not an electrician he
stated that the defendants brother &C
cOmpanied him to the rooms Monday
afternoon. He had not consulted the
telephone company to ascertain wheth-
er the wires had been repaired
Rhein Examined Locks.
J. Z. Rhein testified that he was at
the hotel Monday afternoon and had
examined the locks on the door. He
stated that when the door was locked
from the inside the key could not be
withdrawn.
On cross examination he said he ex-
amined the doors on the fifth floor and
second. He said he did not examine the
doors of PA and PIC.
Mrs. L. E Ross Testifies.
Mrs. l. Z. Ross. the wife of the de-
the defendant. On Jan. Is, ] was living
at 1116 North Oregon 1 remember the
incidents of the Hotel Mccoy robbery
1 saw my husband that night about 8
o'clock. He left about s. Some one
called him up. 1 did not pay any at
tentiOn to the conversation
The witness testified that the de-
PENDANT did not return home that night
She said she saw in the paper where
he had been arrested. She stated she
went 10 the police station and saw
Mr.. StanseL Chief Davis came in later
and told her if she waited she could see
her husband Afterwards, she said, she
was told that she could not see her hus-
band
Asks for Husbands Money.
we were upstairs and 1 said I
wanted to get Mr.. ROss's things. The
man picked up package and started
to hand il to me. Mr.. Davis took it
money, $3.50. Mr.. Davis said no he
could not let him have it because it was
all mixed up with other money. He
did not talk to me about the handker-
chief He opened a package and took
it out, and gave it to the man behind
the counter. He put it in the safe
When I spoke Of the money, Mr. Davis .
said the gamblers claimed more than
they had and for that reason he could Z
not let Mr.. Ross have any.
When I spoke of the money Mr.. !
Vi IA n HmnH
money he stole?' said: Why. MI. Da- /
Wis, Mr. Ross did not steal that money (
He replied why. yes, he did,
R 7. Kelly testified that on Sunday /
night he saw men in uniform and some
who had on plain clothes. These he !
White House and Mills building. The ,
men looked like they were going to /
make an arrest. He said he did not con- (
slider it any of his business and walked /
on
On cross examination the witness |
stated that he did not know how l
he happened to be a witness.
Asks If He Should Mention Names.
". NJ. Walters testified he lived at I
1O3 Leon street. He said he knew Ross I
and Snyder. He stated that he and W. /
der to investigate gambling. He stated \
that he had visited a number of pool
halls and clubs. The witness asked il 1
he should mention any names, and he \
was told that he need not
Q. Did you see any policeman in I
the pool halls where gambling was /
going On|'
The objection to the question was
sustained and the defence excepted on I
the ground that it was material to show I
that the police knew gambling was
being Investigated by the Western De-
Not Allowed Around the Places.
NO, sir, do not go around those
places any more the witness said I
Ill a.- rnrg-mH l. Q
names / guess it is the gamblers who
keep me away"
The witness stated on redirect ex-
animation that the purpose of his in
vestigatiOns for the detective agency
was to get evidence on gambling.
Bell Boy Testifies.
Robert B. YaneZ testified that he was
a night bell boy at the Hotel Mccoy
and saw Atkinson enter room POI. The
witness stated that rooms -214 and 216
were on the same floor The "hOldup," /
he said, occurred at lis o'clock in the
He said that the phone in 211 I
rang in the office and the man in 1
there said: Whats the matter in 2142
Have the police got next to it?' He said
that he went to the door at PIG, put his
ear to the door and heard some one in
the room say: psf Turn your face TO
the wall. He said he went down the hall
and Capt Greet held him I'D until the
night clerk told him that ne was the
bell boy The man in 2l1 he said told
capt Greet not to go in room PA be-
cause Jnere would be a battle Greet ne
said went in room 211 with Rowan and /
later came out and said. All right,
III go down stairs
Then the police the night clerk and
I walked down to the office floor" the
witness said. I put all the lights out
and walked back to where Mr.. Greet
was J O. Mccoy said Get somewhere, /
kid 1 sat down ina chair near the ele-
vator then. I walked over to the bal
cOny and / heard some steps Then
heard some one say Hold on. Hold up
your hands Then I saw the flash
lights When looked up 7 saw man
with a hat on. He took his hat off and
then something like a handkerchief fell
from his face No, he did not come
down 1 said neither of these two fell
lows the police had held up looked like
the ones 1 saw in the hall"
Hall Was Dark.
On cross examination ne testified
When saw this man I was standing
in front Of Mr.. AIcCOys private office.
was near the radiator. I put out the
office and han lights. It was dark
stayed near the elevator probably two
minutes When the two men were com
ing down the steps, was standing near
the balcony door / was at the radiator !
two minutes before that. I was on the /
office floor all the time. I did not see Z
Mr.. Rowan come down stairs. He came /
Down stairs afterwards. I did not see
MIN come down and 20 up. I left Mr. Z
Rowan in his room did not see him Z