El Paso herald. (El Paso, Tex.) 1901-1931, 1917-06-02
GUERRERO CASE
NEARS| END
Jury Expected to Hear the
Final Evidence and Argu-
ments This Afternoon.


tective. charged with murder in con-
nection with the death of Ernest Mil
Ter, who was shot and killed January
80 last. will rest with a jury in the
54th district court late this afternoon.
Evidence in the case Will be concluded
before $3.50 o'clock. according to attor-
neys for both the state and defence.
The arguments Will be Of less than
an hour each.
During the testimony Of witnesses
for the defence Saturday morning as
sistant district attorney E B. Elfers
attempted TO prove on cross eNamlna-
I ton of police officers that the de-
named RudolfO VI. LOsOfla whom he
arrested last December Mr. ElferS
asked the question if it were not true
I that LosOlla said that he confessed
to a robbery because Guerrero had
! beaten him badly. All the police off
GERS testified that they had no knowl-
edge Of such an incident.
Say GuerrerO's Reputation Good.
The policemen and detectives called
7 as witnesses for the defence tesu-
I fled that the reputation Of detective
Guerrero was good in police circles
and that he was a careful officer.
T They all testified that Miller, the de-
ceased had a bad reputation Ponce
chief B. J Zabriskie, Capts, L. l. Han
and ! Z. Stowe, police judge Charles
I Z. Pollock, E B. Stone and {. NJ
[ Litchfield were witnesses
Miller was shot in the hip near the
wrecking shed OF the Southern "a
cific railroad on January 80 last
when several officers attempted 70
arrest him on burglary charge. He
/ ha5 been arrested BY detective Tom
( Avaunt, testimony showed, and es-
caped tt was after he was running
from the officers that the shot was
fired which resulted in his death
few hours later, testimony showed
Miller Wantedi Burglar Charge.
Justice OF the peace J. NJ. Deaver
testified that he issued warrant Tor
/ the arrest OF Miller on January 10
T Prior to that date. Nj beaver SAID
Z ne had issued another warrant Tor his
arrest, both being on charges OF ourg-
DR.. ". ". Waite. on the stand. said
[ that he examined the body OF Mlller
at the mOrgue. He descriDed the
body. giving stature, weight ana
measurements After exhuming the
BODY he did not weigh II, he said.
DR.. Waite said the wound indicated
il had been made by a "A or 40 call-
Der bullet He said there were three
scalp wounds 80
D. m, when it was said that Guerrero
will be called to testify
jury Is Drawn
The Jury was completed shortly be-
60, 4 orf0~l< Friday afternoon and IS
composed Of the following: J. T. BIS
CO. "a. n Brophy, Fred Bromoer-
ger. Tom A. Couzens. O. B. Dawson
M. L. James, z. d. Park. ]. W. White
7 H Mendenhall, c. C Fowler, X Ap-
pleby and F. R 'Yelton-
a few minutes after the jury was
completed Mrs. Guerrero. wife OF the
defendant. appeared in the court room
with her six months old infant IN her
arms The child was born While Guer-
zero was confined in the county JAIL
and owing TO a quarantine agalnss !
disease his wife was unaole 70 NisAI
him In the Jail
When Judge Howe excused the jury
for a half hour before starting the
introduction OF testimony MIS- Suel :
zero walked to where her husoano
vas sitting with his attorneys, Dan
n Jackson and 6. J. Isaacks. ana
showed him the new addition TO the
family. The defendant clasped his
wife's hand and tears came 10 the
eyes Of both
The first witness called By the state
was ]. H. Guthrie, who was witness
to the shooting, and testified that the
defendant rolled the boy over Win
his feet after deceased was shot.
on direct examination the witness
in mart testified: "I was within 10
feet of the shooting when II occurred
If took place in the wrecking shed IN
the wards Of the 6. H & = A rail-
road Two shots attracted my atten-
ton. They came from outside tne
shed. 1 heard four shots in the shed
in all. 1 heard voice say Eor 0oH
sake put up your gun Another voice
said. 7 am going TO kill you
ss-The boy then came running OUT
NJ the shed and was shot in the back.
said the witness. After the ooy zen
tbe defendant walked TO where he lay
and rolled him over with his foot. DE
then reloaded his gun We star te1
LEI, his gun. The deceased was run
ming when shot The defendant va
Ivitbin three or four feet Of him Wnen
deceased was shot
A A. Iawless testified that ne was
near the wrecking shed when ne hs s.l--l
four shots in the shed The Iirst
~ -.-e,.ss 7 heard said" the witness tes-
t;f;sd were, You know what my
fsfber said Then I heard a voice
- II will kill YOU Then ] heard
cu-se- After that the boy ran OUT OF
fbe shed and the Mexican officer shoI
him" x,....
Or G. 3. Calnan, the third Witness
o.i1ad testified that he was called 70
the emergency hospital at the ponce
station on the afternoon OF Janu IA
81 Ice 70 examine the Miller boy me
v-ftness said he examined the WOUND
ana found that the bullet entered Two
inches from the right spine ana Cdin ls
out in front The oulIet pats 4bst
Then he examined the wound he knew
II would prove fatal