El Paso herald. (El Paso, Tex.) 1901-1931, 1916-04-14

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! Raley had referred to the previous in
cident i'm which ne had tried to xii
| McNew and had said. I will get tn,
- - yet" On cross examination
witness denied that he had borrowed
money from McNew since he was sub
penaed as a witness. or that he hat
! ever borrowed. or attempted to borrow
any money from McNew.
Had Heard Threats.
Tom billiard said he had been en-
plOyed for a number of years in a liv-
cry stable in AlamOgOrdo. Raley was
a customer Of the place. He said he haC
heard Raley say; Bill referring to Nc
New will keep on foOling with me IN
til have TO kill him"
T. ]. Cox, rancher, living 10 miles
south Of AlamOgOrdo, testified he was
in the saloon in OrOgrande one nigh
/. about six years ago. when Raley shot
and tried to kill McNew.
II. NJ. Denney, sheriff Of Otero county
for two terms ending with January
1872 testified that he was familiar
with Raley's general reputation. and
that it was bad
RnIey's Daughters Actions.
T. B. Rains. secretary ana treasurer
and general manager of the BY
Chance" mines at Orogrande. testified
that on the morning of the day Raley
was killed. McNew and Harris had
come to his office and spent about an
hour. leaving about noon. Harriss lit
tie girl, G or s years of age, was with
them, he said. While they were there
he said. Mary Raley, Bob Raley's little
daughter rode by, horseback. She
looked carefully into the automobile in
which McNew and Harris had come, and
then rode on. IN a few minutes she re-
turned and went on back TO the Raley
home. about half a mile distant
Passing on the return trip, she looked
into the office witness said. He de-
Tea naa.IH 1rn# I'D he Ii Ts-r.
err. his mine superintendent. pointed out
the place on the road where the auto
mobile and the Raley buggy had so
nearly met, the automobile turning and
hurrying back 10 OroErande. He said
that the brush was broken by the side
of the road. where the car had left the
road and turned around; and that in the
road he could see the tracks that had
been made by a man. The tracks were
farther apart than the ordinary tracks
he said probably indicating that the
maker or the tracks had been moving
at a rapid pace. Witness said he was
familiar with Raley's general reputa-
ton; that it was bad.
Rnley and Wife Armed.
T. F. Fisher. superintendent of the
"By-Chance' mines. testified that on
the morning Of the day that Raley was
killed. and while McNew. Harris and
the little Harris girl were at the mine
their home and come down into a little
draw through which the public road
passed Both had guns. he said. About
an hour later, they returned to their
home, got into buggy and drove to
ward Orogrande. (Mrs. Raley testified
the day before, under cross examination.
that she and Raley had gone down to-
ward this draw; that both were armed.
but that they were looking for r Grip
pied lamb and did not know that Nc
nw ~ 81 uF n
Chance" mine).
Fisher told also of seeing Mary Raley
] ide by the office, on the return trip.
while McNew and Harris were in the
office. He said also that after the
killing. having heard the story OF the
meeting of the automobile and the
buggy, he examined the place where
the car turned from the road and turned
around. He declared he saw where the
brush was beaten down by the car,
outside the road, and the tracks OF
man in the road.
Lee Anderson. head teamster for the
'By-Chance" mines. told OF seeing Ra-
ley and Mrs Raley go down into the
draw. both armed with guns, on the
morning Of the day of the killing. He
said he was on a wagon out on the
road, and not more than so yards from
them when they left the house. He said
he saw where the car had turned out
IF the road and turned around. and
where the buggy turned out
SAYS RaIey Ran After Them.
f. II. Harris. grading contractor. was
he principal witness for the defence.
lie said that on the morning Of the day
If the killing he left his camp, on Nc
News work. took his little daughter in
he car with him, and went to McNew's |
esidence. McNeW drove with him to /
he depot, and from there they went 1
o the office of the "By-Chance" mine (
o see Rains. After the conference with |
rains. they drove to the depot and saw
o the loading of a wagon from a car /,
T oats. 1t was after they had left the (
epot, and had reached a point about \
mile from the smelter, when they saw
haley approaching.
Il was driving, McNew was on the
ront seat with me, my little girl was
n the back scat McNeW saw him first
nd cried: My God, turn There he is
ow' Raley was then coming down the
Dad, on foot with his gun in his hands.
Ny God, Nc I said, hes got US Don't
boot ! cried. I turned as quickly as ]
ould, bending low over the wheel, and
Expecting to hear or feel a shot every
econd.
Hastens to Town.
When 1 got the car turned in the
DAD again, put on all speed for Oro-
rande. / could not look around. but
IcNew kept me informed. He told me
hat Raley had got into his buggy and
7as coming in pursuit as fast as he
Guild drive"
Witness then went on to relate the
rival at Colthorps hotel. He said ne
old ColthorD that Raley had been MAX
lE gun play and to telephone sheriff
unter TO come at once, to keep the
eace. He said that when they all left
he car McNew left his pistol and that
e had carried it into the house and
wen II to him. Mrs. COlthorp had
lken his little girl, he said. and gone to
neighbor.s for safety. He was look
~ at McNew from behind the tele-
none booth, he said. when he saw Nc
eW raise his hand with the pistol and
card the sound of the shot After the
econd shot, he said. he heard McNew /
all out; Stay back, LUCY don't /
ant to kin you, but I will, if you don't
.ay back"
John Colthorp, proprietor Of the hotel
mere the killing occurred, corrobor-
,ed the testimony OF Harris as 70 !
.nat occurred Immediately prior to the
witness Says He Was Approached. !
ely McNew. son Of the defendant, tes-
Led mat on Wednesday morning of =
rs week, just after witness had arrived {
Alamogordo. J. W. Johnson. witness I