El Paso herald. (El Paso, Tex.) 1901-1931, 1915-12-09
DECLARE POWELL
HAD THREATENED
Witnesses in Irby Murder
Trail Testify to Alleged
Threats at Kent.

AnEedts 10 run lrDE out or town at
/ Kent, Texas. were made by George D
Powell two days prior TO his death On
July I, according to witnesses exam
ined Wednesday afternoon and Thurs
Gay morning in the trial of Fred Irby.
Z IL the saith district court, on the charge
OF murder IN connection with the shoot
ing Of Powell on July 4 at the Kent
station.
.Run Irby Out of Town.
Bert koen, the first witness exam
ined by the defence Thursday morning,
said; I was in the saloon on Satur-
day. the day before the shooting. I
heard Powell say that he had run Irby
he would kill him. Roy Jennings,
Brown Seay, Powells brother. McIlroy
carp an1 his son were in the saloon
at the time.
on cross examination the witness
said: Powell called Irby a 'pot-bellied
..Nake Him Leave Again.,
Frank Williams, a cattleman, testi-
fled he was in Kent on July shipping
some cattle In the saloon I heard
the little fellow say he had made that
- leave town and if he came back
he would make him leave again. I
went to Van Horn and the next morn
ing I saw Fred Irby- / told him If he
didn't want 10 get into trouble he had
better stay away from Kent. as / had
heard some bad talk about him.
didn't know Powell, but I described the
one who had made the talk. He had
whiskers all over his face and his hair
was light.
well Organized"
I wasn't paying much attention to
what was said. The crowd was talking
and drinking and the boy was doing
most Of the talking. They were pretty
Powell Had Pistol.
C. R. carp. proprietor Of the Kent
saloon, testified he and lrby were IN
81 to-
went into the saloon portion OF the
building Powell was there He had
a pistol on He and Irby went out
4 little later Powell came in. I heard
him say that Fred Irby had feathers on
mis- leg and wasn't as game as lot
of people thought he was There were
several in the saloon
Warned Irby.
The witness said he saw Irby at Van
Horn on the following day I talked
with him about an affair during the
barbecue a week before, he added I
told him that Powell had said, II Fred
with u.s. Fred said that he had told
Powell, George. get this out OF your
head. ] haven't anything against you.
Fred told me at Van Horn that he could
protect himself"
Powell Had Trouble.
On redirect examination he stated
4 have heard that Powell had some
trouble once before at his ranch and
2 sheriff and constable went out there
That is only hearsay.
on cross examination the witness
denied that he had been offered s2eO
u testify for the defence IN the case
@COme Prepared
Charles Hicks testified that he was
at Kent during the celebration on June
> and IS. Powell told me-" he tesu-
fed. that he sad told Irby, over the
telephone. to come down and come pre-
pared. The conVersat ton occurred IN
he pool room"
L I'D a n q
vas in Kent during the celebration on I
Tune . and IS He said Powell wanted /
lim to sign the petition for river guard /
No Powder Burns.
A. L Green. county attorney Of Gull ;
person county, testified that he was IN /!
Kent the day Of the shooting. he ex- /
mined the body Of Powell, he said. !
md described the location Of the !
The clothing. he stated, was /
rot powder burned. He saw PoTells Z
grip. There was an unloaded IS Smith 4
< Wesson special pistol in il. he said Z
Bought Cartridges and Candy.
Albert Wulfjen. manager of the Z
rarum store at Kent, Wednesday after /
noon. told of Powell and AIcIllroy com
ing to the store on the afternoon OF !
July and buying cartridges and !
candy.
Mrs. ]. W Lyle, cousin by marriage /
of George Powell, who lives near Ysleta /
testified that, after Powell was killed, /
lis effects were turned over TO her. 1
The pistol was not loaded when re I
seived it," she said. With Mrs Lytle's |
testimony the state rested
Saw Powell in Saloon.
r. 3. Seay, first witness for the de- !
'ence. stated that he was in Kent two 1
Laws before the shooting and again or
he following day. When I reached :
Kent on Friday 1.-TWO days before the 1
I went to the saloon" he 1
said There I saw Powell leaning /
gainst the bar watching the back /.
ioor. I asked him 10 have drink, and I
le refused I asked him what the /
natter was and he said something |
bout somebody being a - - I
went out and returned and Irby and ]
Powell were in the saloon with others. 1
heard Powell say TO Irby, I want TO
to YOU Then they went out 1
rbv had his arm over PoWelis shout |
Ter and Powell had his left arm around /
rby while his right hand was on
pistol he carried in his hip pocket.
Said He Was ~YeIIovv."
"a little later Powell came in. He /
aid. 7 offered Irby a gun to fight me
md he wouldn't fight He's yellow and
wouldn't fight The next day I re
urned to Kent. and at the supper table
lowell contienued to talk along the
anne line. His brother told him to shut
ID and I tried to get him to hush up"
The witness stated that Powell had
lcen drinking and was still drinking
gu Saturday when he returned On :