El Paso herald. (El Paso, Tex.) 1901-1931, 1915-06-23
T0NPKIN5 FREED
TUESDAY NIGHT
Jury Found Man Charged
With Kress Robbery Not
Guilty; Out Short Time.


Rosco Tompl1ins, charged with burg
larry in connection with the Kress store
robbery. was found not guilty by a
jury in the 34th district court late
Tuesday night and he was released
from custody. A brief evening session
was held Tuesday at which the re-
mainder Of the testimony was heard
and the arguments presented TO the
jury by the attorneys for the state and
defence. The jury retired and was out
only a short time when the verdict for
acquittal was returned and the jury
dismissed.
TompIzIns on the stand.
Rosco Tompkins, on the stand in his
own defence, completed his testimony
at the Tuesday afternoon session lie
told Of buying an iron bar, al Genoa
request This was on the same DAY
that the kresS robbery was committed
Ochoa invited him to so TO his home
the next day and go hunting Accord
ingly, the next morning he dressed
in an old suit Of clothes After go
ing out onto the street, a tooth began
hurting and he decided to 80 to
dentist He went up into the Roberts
Banner building. he testltied. ana
found a dentists office open. but no
dentist. He waited for some time ana
then decided that he would not 90
hunting, and then telephOned his wife
TO bring down good suit Of clothes
He made the change in the building,
he said.
To Kidnap HipoIitO villa.
Victor L. Ochoa, called to the stand.
told Of meeting Tompkins in his Office,
z. L Holmdahl bringing him there.
AT first 1 thought he was a villa
secret service man. the witness stated,
and distrusted him gave him the
idea that 1 regarded him as a crook
and that 1 was in the same class L
desired to test him out and gave MIN
a hint that 1 was planning TO kidnap
Hipolito villa He swallowed the bait
hook and all He went promptly 10
Capt Greet and told OF the plot.
Did you have a plot to kidnap Hippo
Ito Villa?" counsel for the defence
asked.
"Of course not"
Rob First National Bank.
7 thought the defendant was trying
TO Job me, as I have many times Oeen
Jobbed, and was playing TO get even
mat Is why / encouraged him to at
tempt to rob the First National bank"
And by implication, encouraged him
to rob the Kress store2' attorney ".
B. Ware asked
You might put it that way"
Y on told Billy Smith that the de-
PENDANT had committed the robbery
i told him I had suspicious"
How did you find out that Temp
kIns had committed the burglary"
Admitted Robbery.
He told me with his own mouth in
my office Everybody in the office
" as taking ABOUT Il After / IOunQ
out who had done it I told Billy smith.
I don't know how Smith got the other
evidence.
"TOmpkins told me that he left the
money in the ROberts-Banner building
and came for IL at $3.50 the next morn
ing, and then telephOned his wife 10
come and bring his other clothes"
Fhe witness was questioned closely
as TO his record. He admitted that
he had been indicted many times and
that he had served a Jail sentence IN
New York He was under two indlct-
ments at the present time. he stated
one beng IN connection with the pres
ent case
I am a victim of persecution" ne
declared I was indicted in this case l
When was trying to help the state"
NO. 1 Snfecraczer.1
his impression Of Tompkins is ne
stated that he is q No. / safecracker,
but is little off. Otherwise the
witness added he would not have toId
ABOUT the robbery after committing II.
Former chief Of police l. y Davis /
was on the stand for a few moments.
De testified that Billy Smith had come I
20 him and told him that the only way
20 get anything on the case was TO
get IN with the crooks"
J. L. Meudenhan testified that Ochoa I
mad sent for him TO bring him a pistol. /
as ne had a job on"