El Paso herald. (El Paso, Tex.) 1901-1931, 1914-10-17

PUT ON STAND
Declares Wife Was Jealous;
Tried to Shoot Him and
Shot Herself.

C,,rrizozo \. N. Oct 17.-After in
troducinr the testimony Of seven OF
eight witnesses for the deIence IN the
case Of the state versus hlcaIu 90 Asci
rate. on trial here for the aiissSu
murder Of his wife at Las cruces me
defendant was put on me s-aiiG " 49,, -
attorneys. The examination IN CHleL
and cross examination Of this witness
occunied the attention Of the court
Thursday evening and all OF FRIDAY
with the exception Of the time the at
tornevs were hotly arguing disputed
point contended for by the state
and vigorously contested by the ue-
fence came Friday. The state endeaN
ored to prove by the defendant that ne
had been cohabitinS Win anu me- ne
woman before he was ulafIleu anu
that he had married this woman ana
was now her legal husband 30 close
was the point. in the opinion OF Judge
Medler. that he took recess OF Iour
hours for the purpose OF sallsIy M
himself as to the law on the point
The state was able to show the court
that this line of cross examination vas
permissible. fnasmuch as the Jealousy
Of the murdered woman had been
brought out in the examination IN
says Wife Was Jealous.
The defendants testimony was to
the effect that his wife, prior TO her
death had developed a very jealous
disposition; that on the night OF the
homicide she accused him of infidehty
and. picking up a revolver he had laid
on a chair beside the bed she was "
ing on when he came in about 10
o'clock o. m, shot as he was entering
the bath room; that he ran into the
bath room and looking back, saw Jne
pistol in her hand; that she pressed
the muZZle Of the weapon against nef
temple, but he called TO her to deslst,
which she did; ne then hurried to her
side and endeavored to console ana
quiet her, but she again accused MN
Of having just left some woman ana
again pressed the muzzle Of the re-
volver to her head; he grappled with
her in his effort to save her and in the
scuffIe the weapon was discharged
The defendant said she fell back on
the bed. He was almost crazed win
excitement and very nervous, he said,
and 10 quiet his nerves he took a drink
Of whisky from a bottle he brought
home with him and which ne had
placed on the chair beside her with the
revolver.
lapse Of time ne became frightened
lest she had been killed and took hold
OF the body in an effort TO rouse her
He then. he said. for the first time
noticed that her gown was soaked IN
blood, and having drawn her up to him
in a close embrace, his own clothing
became covered with blood. Realizing
or fearing. at, least that she had
killed herself. he Immediately hurried
to the home of his father. to whom he
told the story and requested his father
to summon the physician and the Of
ficers-he asking for che physician
hoping that mis- sUrmises were incor
rect and that she was only stunned
and could be revived AsCarate de-
clared that on the night Of the homi-
eide he had been drinking moderated
but that he was not drunk, and that
he and his wife had. after dinner,
taken a long walk; that after they re-
turned to the house he had gone up
town, but had been gone but a short
time. He admitted that she was about
I to be confined. and with the appeal
Don't, for baby's sake had induced
, her 20 lower the revolver from her
! temple after she had fired the first
I shot, which shot had almost struck
/ him as he was going to the bath room
Is Cross Examined.
On the cross examination, the state
brought out the fact that the defend
about nine years; that they had lived
/ together as husband and wife durins
a part OF that time and that five chill
Z dren were born to this woman, the
. eldest one being about eight years old
{ the youngest one baby, while one
+ has died. The defendant admitted that
after the first trial Of a year ago last
I March he married the woman and IS
+ now living with her.
There are eight more witnesses here
Z for the defence and the state is hold
{ ing 10 for use if necessary. The jury
Z will not get the case before Monday
next