El Paso herald. (El Paso, Tex.) 1901-1931, 1913-01-09
Witnesses Testify that They
Did Not See Husband
Strike hrs. FuIlen.

/. 0. FUllen, former district attorney
of the fifth judicial district Of New
Mexico, was placed on trial in the county
court of FL Paso Thursday morning on a
charge of aggravated assault, preferred
by his farmer wife, Mrs. Dorothy Bow
man Fullen- The assault is alleged to
have occurred on October IS last. and
grew out OF the attempt on the part of
the defendant to take from his. FuIlen
their 4 wear old child. William Fullen-
At the time both FuIlen and his attor-
ney, D. o. Askren, were arrested on
complaints sworn out by Mrs. Fullen in
the county court They were released on
bonds.
Following the alleged assault the child
was the subject of a habeas corpus pro-
ceeding before Judge A N. Walthall.
In support of his contention for the Gus
tOdy of the child, the father cited the
proceedings of the district court of New
Mexico, in which he said the court had
awarded him such custody pending the
final determination of the divorce suit.
Judge Walthal delivered the child into
the hands of B. P Wilson. clerk of Hotel
Angelus- The child had been sent to Ell
PasO by the mother and Mr.. Fullen had
followed the trace of the lad to this
CITY; meanwhile Mrs. Fullen was sen
fenced by the Roswell court to Jail for
refusing to tell the whereabouts of the
child, but she gave bond and on appeal
the sentence was quashed-
j. F. Weeks, who Is assisting in prose
cutting Fullen. stated that the divorce
suit had finally been settled, the decree
OF the court awarding the custody OF the
child to Mr. Fullen- However, he said
that Mrs. Fullen still Had possession of
the boy. who Is now at Los Angeles.
from which place Mrs Fullen came to
Ell Paso to give her testimony in the
present case
Witness Much Excited
When on the stand Thursday morning
Mrs. Fullen became excited. refusing TO
cOnfIne her answers to the questions put
to her. Finally she had to be led from
the room by county attorney P. r. Price
When brought back and. after being eau
toned many times she gave her testi-
mOny- The witness said that the defend
ant came into the hotel and after put
ting his arm around her shoulder, said:
Hello, dear" Directly after that. sic
said he struck her and tried to take
Billy" from her.
DR.. A. R. Carpenter testified that he
was IN the hotel on the night of the a.
legged assault, and directly after the dis
turbance IN the lobby Mrs Fuilen was
very nervous He said he gave her some
thing Tor nerves The witness stated that
he saw no bruised places either about
her lace or arms Her nose was not
bleeding. he said. He remembered that
two OF three days after the disturbance
Mrs Fullen sand something to him aboGs
bruises, but he did not examine them.
Say They Saw Bruises
Emma Hawks. who. It was alleged,
brought Billy to FL Paso after Getting
HIM away from Roswell by going in an
to Dexter, took the stand.
Shortly after the disturbance in the
lobby the witness said. Mrs FulIen
came to the room I noticed that her
nose was bleeding, and there were a few
bruises on her lips The next day other
bruises develOped-on her arms. She
told me that Flullen tried to take the
bow and struck her.
On cross examination the witness said
that Mrs. Fullen had not said ANYTHING
about having a pistol.
f. b. OQuinn, stenograper IN the or
nee OF Stanton and Weeks. testified that
be saw Mrs. Fullen in the law office att
r the alleged assault. He said that she
had bruise on her throat running al
most from ear to ear. and that It an
Deared like someone had clinched her.
There was bruise on her left cheek and
bruises on one of her arms he said.
Did Not See Fullen Strike.
D + w liSOn sald that he was present
1t the time of the assault He said that
when Mrs. Fullen saw the defendant and
attorney Askren walk into the lobby of
The hotel she said: Here come the
icOundTels.7 AsBTen, he said. did NOT
nave word to say. The witness sair
hat he did not see Fullen strike tbe
woman FuHen, he said. walked mn IL
Ter and placed his right arm over her
'hOulders. saying, ''HellO. dear With
MS left hand the witness said FuIIan
cached down for the child. and a seUff1e
.ook place. Mrs Fullen. he testified
truck leI Fullen IN the face During the
cuffle, Mrs. Fullen. the witness so;5
ell flat on her back on the fIoor ~
aid he did not see FuIlen hit her. Ia
eDarated them, and took the child. Al
he time Mrs Fullen fell. the wf,pess
aid, she had hold of Fullen's wrist.
Judge Evlar adjourned court at no.,