El Paso herald. (El Paso, Tex.) 1901-1931, 1916-09-26
DECISION soon
IN SANDS TRIAL
Preliminary Hearing Ends
and Decision of Justice
Beaver Is Expected.

Justice Of the peace J. NJ. Deaver
viii rule this afternoon on the case Of
W r. Sands. the state ranger. who had
his preliminary hearing Monday be-
fore Justice Deaver on "a charge Of nav
ing shot 20 death Seret. owen Bierne.
IF the provost guard. i'm the COney
island saloon last Thursday. Judge
beavers ruling awaits the signing of
the testimony by the different wit
uesses al the preliminary hearing
Through his attorney. Victor Moore.
sands waived preliminary statement
and trial The hearing attracted "A
. large crowd CT spectators. who con
I stantiy pressed forward Sheriff Pey-
ton j. edwards. time after time.
{ ordered the spectators 20 keep their
Z seats outside the railing The ma r.
, lority Of the crowd was composed OF
+ soldiers
Intense interest was manifested in
{ the testimony OF tine witnesses and I'm
: getting ID glimpse al sands. who plain
} " showed tne strain he was under He
. was taken To Van Horn Thursday night
, after the killing and his hearing post
. poned from day 90, Gay until Monday-
when he was brought back to town
{ 10y deputy sheriff James Fulgham-
killing l. Reenncted.
At Monday afternoons hearing the
killing was dramatically reenacted by
; f. A. Elliott Of West Virginia, who is
now living at 1871 Myrtle avenue.
( With attorney Victor Moore Of the de-
I Tense representinc Sands. Elliott
showed how Sergt. Bierne is said TO
have wheeled toward soldier who
had remarked. Where is the
- that beat up that soldier and
showed how the firing was done
Bierne- he said. fell AT the first shot
The witness added that though IA
tally wounded. the soldier tried To-
! reach his pistol, and that Sands fired
@ second time as his victim lay on
the floor Bierue. even with two fatal
wounds, still tried to reach his pistol,
but failed. Elliott said
Heard No Curses.
Under a rigid crOss-examiuati on by
attorney Moore. Elliott told \ story
that differed materially from that OF
the other witnesses. Others said the
shooting was preceded 10y an -x-
change Of curses between sands and
Bierue. but Elliott insisted he heard
rome of this.
IT was AT the drugstore near the
COuey Island saloon Thursday after
noou.' said Elliott. when I heard
patrol wagon. went out on the
street and saw a soldier taken from
the Coney Island and loaded into the
wagon. ] entered the saloon and at
the same time Serzt- Bierne was g0-
Ing in ahead Of me. Bierue stood a
moment about the center OF the sa-
the crowd Then I saw two police
men and two army officers come in.
says sands Was Drunk.
"Oue policeman remarked That's the
man over there. He pointed TO Sands
Sands was standing with his back 70
fhe bar rafting some money in his
hand He was intoxicated The
policemen ard the army officers then
took Sands TO the rear Of the saloon
They were gone about a minute and
returned sands going back 10 the bar
The army officers went out the rear
door and the police out the front.
"A friend with Sands was evidently
trying 10 get him TO turn around 10
the bar and take his drink Just then
drunken soldier came ir and said.
that soldier The sergeant wheeled
toward The soldier. his club little
raised Then sands fired. Bierne fell.
cuirueG about and tried 10 get Ills
sun sands shot him again as he Law
on the floor Bierns AGAIN tried 10
get his guns but could not
saw No One Hit Sands.
7 did not see Bierne hit Sands and .
did not see any one hit Sands"
Hiram A. Hatfield. OF Forrest Grove B
Ore testified that he saw the crowd .
outside the Couey Island bar and Went
Inside 20 Investigate tie said he saw
evidence that there had been a fight .
and then noticed Sands and two other
men coming from the back end Of the
saloon Sergt Biern- he said was
ordering crowd Of soldiers back
sands said something. but 7 did not
hear Just what. and Bierne replied.
Don't c. d. me Hatfield tes-
titled --Bierne shook his stick They
were close together and talking to
each other when Sands shot him
Bierue did not seem to be trying TO
hit Sands. but 10 get his pistol The
sergeant fell backward when shot the
first time and then sands shot him
again"
Saws There Was w Scufne.
ON crosS-eNamluat lun Hatfield in
sisted that Bierne did not start TO adj
vance toward Sands until the latter
had drawn his gun lie said Bierns
dad not attempt 20 strike Sands and
that there was 10 scuff1e-
g. u summons u Tucson. who was
with Hatfield. told virtually the same .
story. except that ON cross-eNarnina- 2
lion he said Bierue advanced on sands
as the provost guardsman said Don't
Co., d. me-
Head Of Provost Guard TestifieS.
Capt Charles VI. Ebey. head Of the
provost guard, told Of going 10 the
Gomez Island saloon on report Of
rot IN which soldiers We're involved. /
Dee said he asked the bartender about F.
tne IEnt t1at had just occurred hut
tlat he got no Information. ard
CIVILIAN pointed ont sands as the man
VINO uad beaten up a soldier. He said
that sands was in civilian clothes and
not knowing that he was a ranger. b
as Ked police sergeant simpson who was (.
with him. 10 take charge Of Sands. II
being outside the Jurisdiction OF the
military police to handle civilian
cases
a little later Simpson told me ne
had turned the fellow over to one OF
the boys Capt Ebey testified 81
vent outside. thinking the man was
under arrest. and 20 seconds later
heard Two shots / reentered the Sa-
loon and found Bierne diving on the
floor"
Gives Bierne Good Character.
bierne. he said. was on provost
guard duty al the time. armed Win 4
club and "a pistol He said that Bierne
was an efficient man. Intelligent. and
OF good Judgment. and so far as he
Ehe", was sober and OF good char
acter Bierne he said. was about 80
years old and lad been in the service