El Paso herald. (El Paso, Tex.) 1901-1931, 1917-01-19
SPANIEL WINS
POINT IN TRIAL
State Sought to Exclude Tes-
timony Showing Spanell's
Devotion for Wife.


san Angelo. Texas. Jan. 19.-Testi-
nony regarding Harry J. Spanelrs de-
votion TO his wife and child. which the
state sought TO have excluded. was
admitted today by Judge c. Z Duboise.
in the trial of Spaniel. who is charged
with killing his wife and Lieut. Col
NJ c. Butler. at Alpine Texas, last
July.
The testimony was given during the
cross examination Of Mrs. J. ". Dow
mum. who. with her husband. is now
operating the hotel at Alpine, former
~ run by Spaniel
The states counsel contended that
TO he admissible the testimony should
bear on the general reputation Of the
defendant Tho defence argued that
any evidence tending to depict Span
els love for his wife was pertinent
because IL would show his frame OF
mind toward Mrs. SPANIEL.
1t was contended that the state al
ready had introduced testimony TO
show that SPANIEL was spying" on his
wife The defence. it was argued. had
a right to refute this kind Of evidence
\ state ranger has returned from Al
pine with James DOdd and g W Liv-
iasstOn. two important witnesses for
the defence These witnesses have been
holding UP the trial for several DAYS
and writs Of attachment were sent for
them.
Ra=in l. First Witness.
W II. Ragin. land and abstract man
and former district clerk of Brewster
county. was the first man placed on the
stand THURSDAY afternoon y map was
introduced and Ragin pointed out the
locations Of the hotel and other I'M
portant places relative TO the place OF
the shooting Several photos of the no
tel also were introduced
Mrs J. w DOWnum- wife Of the pres
ent manager of the Holland hotel. was
next on the stand She testified as to
the length Of time they had lived in Al
pine: how long she had known the de-
ceased and other questions Mr.. and
Mrs Dowuum- according to her testi-
mOny. had charge of the dining room Of
the hotel at the time of the shooting
and since then have been renting the
hotel furnished. from John Holland Tor
$50 per month The witness said she
had frequently seen the two families
riding in an automobile or going 10 a
moving picture show together Butler
and SPANIEL always rode on the front
seat and the women in the rear with
Spanell'S child.
SPANIEL shows Emotion.
At the mention Of the child. Spaniel
sobbed- He sat with his attorneys for
the first time.
had said to her IN speaking OF Col But
Ter and his own wife: They seem TO be
getting q little too familiar She said
he also told her TO keep her eyes open,
at which she told him that she didn't
want 10 have anything to do with il.
According 10 the witness SPANIEL said.
If ever catch him doing anything I'll
never stop shooting" Witness declared
she said: oh. no. don't do that" and
she then explained how Spaniel had
asked her whether she had heard any
talk concerning Col Butler and Mrs
SPANIEL and she said she had not She
roll gnr ~n- ~ md fr-
SraneE entered the dining room to-
gether and SPANIEL went back outside
After Mrs. SPANIEL had finished her
meal, SPANIEL came in and sat down. and
Mrs Spaniel said i am going upstairs
10 see Marie about the baby's clothes"
Witness said she thought the reason
Spaniel did not eat with his wife was
because he had business outside. After
Mrs. Spaniel had gone upstairs, he
walked 10 the stairs and said. He has
gone up there.
Mrs Downum claimed from what
Spaniel had said to her previous TO that
she knew who he was talking about
Mr. Dowuum was then brought on the
stand He testified as to locations OF
various parts Of the hotel and on some
of the same things OF his wife had tes-
titled to.
says SPANIEL Was Jealous.
Downum testified that Spaniel asked
him about a month before the shooting
il he ever saw anything wrong" be-
tween his wife and Butler
I said no" DOwnum testified.
SPANIEL said he thought he had cause
to be jealous 7 said. If YOU think that
you had better leave her He said:
That's what they want"
DOwnum testified ne met the Spauells |
and Butler together several times after !
that at picture shows and automobile :
riding. Mrs DOwnum denied. when (
questioned by the defence. that she had j
ever told spaniel that there was con- |
'iderabl unfavOrable comment about /
Mrs. Spaniel and Butler in Alpine"
Mrs Butler. wearing mourning. was Il,
n court THURSDAY for The first time |