Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1913-01-08
EPT|NG COUNSEL
WANT SEVERANCE
INSISTENCE IS MADE THAT
SNEED SHOULD BE
TRIED FIRST.
MOTION IS 0VERRULEO
AMENDED APPLICATION FOR
CONTINUANCE FOLLOWS AND
IL TAKEN UNDER ADVISE
MENT BY COURT.
SPECIAL 10 Daily News

MEMPHIS, Texas. Jan. Last
night counsel for b. Il. Epting with
drew motion for continuance filed
earlier in the day. saying they de-
sired TO amend the same. When
court convened at . o'clock this aft
ernoon counsel for defendant Ept-
ing. before filing their amended mo-
ton for continuance, filed another
application for severance In which
they asserted that the indictment
upon which the state Is trying toi
force this defendant into trial Is
Joint indictment OF both Sneed and
Epting.
They further asserted that in each
and every count OF the indictment.
Sneed is charged with the offense OF
murder. that In each count the
charge is q complete one; that being
indicted Jointly. the change OF ven
Ne to Hall County to defendant Ep-
tings case naturally carried with itl
the changing of the venue OF j Ii.
Sneed's case to this county also.
The application for severance by
Epting. which is agreed TO by j. y.
Sneed. asks and requests the court
10 try Sneed first. and in the waiver
by Sneed of said application for sew
erance. is request by said Sneed
that he be first tried. and asserting
that he was present and ready to-
20 10 trial on said Indictment.
Attorney win Mclean OF Fort
Worth. counsel for Epting and also
Sneed. made forcible argument
upon the application. He argued
that the Indictment could be con-
strued in no other way than as being
a Joint Indictment OF Sneed and Ept-
ing: that this indictment was return
ed into court AT Amarillo some slN
or seven DAYS after the indictment
charging Sneed alone with the Kill
ing OF Al G. Boyce; that In such
case the last indictment returned
would govern, and that II was as
much an Indictment against j. H.
Sneed as II was of B b Epting, and
that II defendant Sneed was on trlal
on the Indictment, a motion TO quash
the same would be OF no avail lie
further argued that in case the Sneed
trial was called at Vernon In Febru-
arv all that would be necessary
there would be to offer certified
COPY OF this Joint indictment ana
plead that Sneed was uader indict-
ment in this (Hal County, for an
offense growing out OF the same
transaction, and that the court
would be compelled TO sustain the
plea.
The court overruled the applica-
ton for severance, and thereupon de-
fendant b. b. Epting filed his amen
ded application for a continuance
basing II upon the absence OF T.. h.
Mcdonald, J. o. Shook. l. ". Chris
toph, Roy Williams. Joe Barr ana
Mrs. l.. A. Rogers The state after
a lengthy examination OF the appli-
cation and conference between SEN
a,or Odell. District Attorney Spen-
Ger, n. II. Cooper, A. 5. Moss, ana
County Attorney Bryant agreed TO
make certain admissions as to the
testimony OF the absent witnesses as
follows:
Senator Odell: We state TO the
court that as to the witness. r. r..
Mcdonald. the Pullman porter, thai
in the court should hold that his
testimony Is admissible on the
trial OF this case. or any part OF H.
on such objections as We desire To
make 10 It when tenderel on the
trial of the case. that We would
make the admission. not only that
N. witness would testify substantial
~ as alleged here. or as he has tes-
titled once heretofore on a similar
issue raised here. and that his testi-
mony was true.
As 10 the witness. J. O. Shook,
state 10 the court that We have
a telegram now In our possession ad-
yising ~ that this witness is In Fort
Worth and We will undertake "a
have the witness here prior to the
close of.the case. and. In the event
that he is not here. We will admit
such parts OF his testimony as the
cour, may hold to be admissible. u
any part OF II. as II he were here
and make the further admission that
II is true.
As 10 the witness. :. VI. Christoph
We have information. and reliable
information that he was m Kirk
land on yesterday mornine We ar'
expecting him here tonight. and -
fhe event We should fail 10 secure
his attendance prior 70 the closini
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