El Paso herald. (El Paso, Tex.) 1901-1931, 1917-05-24
To SHOW
SANDS ATTACKED
Defence Introduces Testi-
mony That His Victim
dubbed Him.

ranger ". D. Sands. on trial in the
34th district court on q murder
charge as a result of the killing on
Sept q, 1916, Of sgt. owen Bierne in
the Coney Island saloon, was struck
by a club in the hands OF a soldier,
came Thursday morning when the
fourth day OF the trial began.
The witness who testified this was
Bud" Daggett. a special officer of
the G. H. & S. \. railway. He was
the first witness introduced thus far
in the case by the defence. Daggett
swOre that Sands was dubbed imme
diately before the shooting, by SOL
der, whom he, Sands, then shot The
courtroom was filled with spectators
when the session began.
Defence Begins Testimony.
Failure to receive kilograms from
witnesses who are absent caused the
gan Thursday morning. that 1t would
rest At least ten more state wit
nesses are to be examined They Will
probably be used in rebuttaL When
the state attorneys announced q rest.
their witnesses were excused until
p. m. this afternoon The defence
then began the Introduction of their
witnesses.
DaEgett Says Sands Was Hit.
J. NJ. known as Bud" DaggeUt. the
first defence witness OF the morning
session, testified that Sands was
struck by a club in the hands of a
soldier. staggered back against the
bar and then fired two shots at the
man who struck him. He was positive
that the soldier struck Sands twice
before the ranger began shooting. He
offered no positive testimony that
the man alleged to have struck the
ranger was Sergt Bierne. but asserted 4
his belief that the sergeant was the
man. He said the soldier was the ag-
gressor.
Testimony Differs.
The chief difference between his I
testimony and that Of the states wit I
nesses who preceded him on Wednes- /
day was that the defendant was /
dubbed by the soldier Immediately be-
fore the killing He added that the 4
two men were not more than two or I
three feet apart Previous witnesses
had sworn that they were at least five /
or six feet apart ana that no one
struck Sands Immediately before the
killing; and that SergL Bierne never
struck him az any stage OF the
tragedy.
Daggett's testimony showed clear
y that attorneys for Sands are seek
ing to establish a self defence motive.
\ J. Harper questioned the witness
for the defence. while Dan Jackson.
special prosecutor. did the querying
on cross examination Judge ". D.
howe Is insisting on the elimination
OF needless delays in the case.
Small Sensation Created.
J. p f"Pink'l Robertson was the
second witness called to the stand
by the defence A small sensation
was created when attorney Victor Z
Moore, of the defendants counsel,
asked RobRUsOn If he the witness,
had not toIJ him (MoOre), that Sands
was struck by a soldier just before
the shooting Robertson declared
he had not told the defendants at
torney any such thing He was
hastily excused from further testi-
nOny.
Saw Blood On Sands.
Roy Molineaux. bartender at the
cOney Island, the third witness, cor
effect that Sands was struck with \
eiub by the soldier Immediately be-
tore the shooting Sands was struck
4 the head" said Molineaux, but
his hat was not knocked off. I did
lot see any cash cut in Sands head.
'ut I did see blood coming from the
pot where the blow landed
Cross examination by Jackson {
Piled TO change Molineaux's testi-
nony. Jackson asked him If Sands
i'd not take q drink Immediately
fter having shot the sergeant. The
whether Sands did this or not When !
sbed whsther or not Sands was
trunk at the time Of the Killing, the
FITNESS replied: Well. he could walk
nd carry himself alright"
During the course of his testimony,
iolineaux said that he ducked down
ehind the bar when the shot was
ired- This caused a litter among the
ourtroom spectators and Judge
lowe reprimanded them 1T has
lways seemed strange to me-" said
he judge, that spectators can smile
7 laugh when a mans death is be-
lg detailed"
Fight Previous To Killing.
That there was a fight in the sa-
Don previous to the killing was MOli- :
eaux's assertion He declared Sands {
Tas involved in this fight Some sol !
iers were also in ii, but the sergeant {
vas not, so far as the witness knew )
he prosecuting attorneys sought TO :
stablish the fact that the blow that
aused blood 10 appear on Sands's
Orehead was delivered by a soldier (
D the fight previous to the shooting.
Ut the witness testified he did not Z
ee the blood until after the shots Z
-ere fired. I
Mining Man Testifies. g.. !
Barney Ray, q mining man, fol- '
owed Molineaux on the stand He I