El Paso herald. (El Paso, Tex.) 1901-1931, 1916-02-09


] G. p. Putnam. J. II. Nations, James u
McNary. II. B. Stevens. J. \. krakauer
( i ]. Campbell f. NJ Bray, W. j. Bule'
[ A. Shedd. Dr. il. Z. stevenson ana II.
B. DurNee.
asked if Chavez. Abel Romero and
! Francisco Perez were connected with
| the killing of Bert Akers across the
river. Mr.. Bridgers objected and the
] objection was sustained
/ saw Perez Searched
| Encarnacion RubiO. who lives at san
! Jose. testified that he knew feFez py
/ sight. and that he saw him at the time
Perez came by and the officers
searched him" he said. They didn
! find anything. They found something
in the bag, but l don't know what II
was. After the search they all went
How MANY times have you been
arrested for smuggling" Mr.. Moore
/ asked the witness in the cross eXamina-
( ton.
once" he replied.
Had Calf In Wagon.
Caught with a calf in the wagon,
weren't your
yes, sir"
Were YOU Perez, Chavez and
Romero not driven across the river by
officers on the other sideg
Il don't know what happened over
there"
J. J. Murphy. justice OF the peace for
precinct /. testified to going to Ysleta
/ with officers after the shooting.
when you examined the body"
asked Mr. Moore in the cross examina-
ton, did you find a gum
Il found one lying close to the
body"
Had the gun been discharged?"
Yes. there was one empty shell and
| three loaded shells in the gun. On the
BODY 1 found SO shells that fitted the
gun"
Justice Murphy Identified the pistol
when it was produced in court.
Not As Big As White.
On redirect examination he said he
did not know whether the body had
been moved or disturbed before his
arrival
To Mr.. Moore the witness stated tn :
he did not think Perez as large a man
as White.
Justice Murphy stated that there
was a bullet mark in the wall about
six feet up, He did not see the bullet,
he said.
with the conclusion Of the testimony
the state rested.
DepOrted Perez
+. D. Scotch, city jailor. testified
that he had a telephone conversation
with the chief Of police Of Juare8 about
the date of the killing in which the
Juarez office told him that Francisco
Perez, Abel Romero, and Augustin
Chavez were being depOrted at San
Jose, and that he thought they were
armed.
Police sergeant Claude TilIman testi-
fed to telephoning the information re-
ceived at the station to the sheriffs
office
Ivy Finley, state ranger, told of
finding and -igging a bullet out of the
wall OF the Jail after the shooting.
Telephone Talk Barred.
Chief deputy sheriff Stanley Good,
ST, testified to receiving information
that Francisco Perez Augustin Chavez
and Abel Romero were coming across
the river. He telephoned the Informal
ton to Ysleta and Fabens. he said. His
information was that the men were
wanted on this side, but he did not
know by whom.
The court instructed the jury not to
consider any Of the testimony concern
ing the telephone communications.
CRrnes Testifles.
II. Z. Carnes, who was with White or
the day of the killing Of Perez. was on
the stand for some time. White and
/ arrested Perez at san jose" he testi-
fed. Abel Romero and AUgustin
Chavez We're not there at the time. We
made no search of Perez. 1 got down
from my horse. White and Perez were
also dismounted."
He stated that he and White had
received information concerning two
armed MeXicans who were expected to
cross with their horses. They struck
the trail the next day and overlook
Perez at San Jose. the witness stated.
Perez In Jail.
Carnes then told Of taking the pris-
oner to Hsleta. 81 opened the Jail
door" he said. Perez walked in,
White followed, and I followed White
Perez started TO walk to the Jail cell
White called out TO him and the Mex
lean wheeled around. White grabbed
his right hand with his left hand The
Mexican then pulled out his gun, and
then White fired. The Mexican then ]
fired and then White fired again
In reply to Mr.. Moore's question he |
stated that Perez had not been searched /
before being taken to the jail.
Afraid To Shoot. /
why didn't you shOOt?' Mr.. Moore !
asked
Il was afraid to shoot for fear I |
would hit White"
Did White shoot in self-defence7"
Don't answer that question" inter
posed judge Jackson. When objection /
was made to the question, judge jack !
son Sustained it,
You are positive White made no
effort to search Perez when he caught
him. asked assistant district attorney
De- Harrington. N the cross eXamina- ]
ton.
81 am positive
why didn't you search him?"
We just neglected to search him"
Intended To shoot. /!
The witness stated that in the
struggle in the Jail between White and
Perez. the latters gun was not point
ing towards White
You don't know whether Perez in
tended TO shoot White or give up his
gum
= supposed he intended to shoot
White"
Perez. he said, knew he and White
were officers. as they had told him
they were river guards.