El Paso herald. (El Paso, Tex.) 1901-1931, 1917-05-25
REOPENS
IN SANDS CASE
With Defence, Had Stopped
Testimony, But Intro
dUces DISPOSITIONS.

" AlE4A the At AdA VI ctGLE Ae44EE w D.
Sands. charged with murder in con-
nection with the killing Of Srgt.
owen Bierne. was Resumed Friday
morning in the saith district court
No Kew witnesses had been intro
duced. but the deposition Of Hiram a
Hatfield End Charles G. Simmons, alb
sent witnesses, was read.
It is believed the arguments will
/ begin this afternoon. Each side has
I been allotted four hours. Some re-
markable speeches to the jury are
looked for The case. Will probably
/ be given to the jury Saturday morn
I ing, unless A session is held tonight
HatfieId's Testimony Read.
Hiram A Hatfield, Of oregon.
whose testimony was read at the
Friday morning session. declared at
{ the examining trial that Srgt Bierne
/ did not strike Sands before the
shooting. His testimony showed that
the sergeant raised his club as
/ though about toe strike the ranger
/ but was shot before he could deliver
the blow, il he had any intention of
doing that Hatfield also testified
that the soldier was prone upon the
floor when the second bullet struck
him.
The testimony of Charles G. Sim
mons was also read. 1t was to the
same effect
sheriff Exhibits Death Pistol.
Sheriff Seth Orndorff was called TO
the stand by the defence and testi-
fed TO having Sands's pistol in his
possession The pistol was exhibited
to the jury. It was the first appear
ance of the weapon at the trial The
state introduced it as evidence There
was a notch on the handle OF the.
pistol
Thinks Bierne Sought Gun.
W d. Carr, of Hurley. y. NJ, was
called 10 the witness stand by the
defence just before noon Friday. He
declared Sergt. Bierne struck Sands
a blow with his club as hard as a
man could strike. After hitting
Sands said Carr, the sergeant's
hand dropped 10 his side where his
pistol holster was. II looked to me
like the soldier was reaching for his
gun Then Ssbds drew his gun and
shot the sergeant. 1 saw blood on
Sands forehead after the shooting.
but not before. don't know what po-
sition the sergeant was in when the /
second shot was fired"
Court was then adjourned until |
p. m, when il is expected the charge /
to the jury Will be delivered.
Sands Not on Stand.
Sands was not placed on the stand 4
Thursday night Jury and spectators /
ney Dan NJ Jackson. special prOsecu- /
tor. suddenly announced, after having /
placed several witnesses on the stand T.
in rebuttal. that the state would close. 1
The establishment was increased when 4
counsel for the defence Immediately I
said, The defence cloSes also" No 4
rebuttal witnesses were used by the /
defence.
Sands Smokes; Appears Calm.
Those who have been watching the
case were confident that ranger Sands I
would be placed upon the stand /
Throughout the trial he has sat /
among his attorneys, smoking a 1
hand rolled cigaret now and then. and /
showing no sign of fear. He has lis
tened intently to the testimony, but /
men defending him. Once in a while .
when some particularly damaging /
statement was made against him he /
would glance quickly toward the juryI
box as II trying TO gage the effect Oh /
the men VINO viii pronounce his fs re-
Cavalry Sergeant Merry Man.
The most interesting feat3re of
Thursday nights testimony was the
story OF a fight between sands and
Sergt Arathoon A AEz thoon- of the
Seventh cavalry. The fight took place
in the saloon a~few minutes before
Bierne was killed. Arathoon related
now sands advanced on him. pistol in
hand. He stuck his sixshOoter into
my stomach" said the sergeant Il
GRABBED his gun hand with nv left
land, and then slapped his face
good"
According to persons who saw this
encounter, but who did not testify at !
the trial, Arathoon showed more cool
nerve than many gun men" OF the
old, bad western days. He was IN
armed. but did not finch from Sands's
pistol II was also said, though this
was not IN the testimony, that Ara
thoon not only took Sands's weapon
away from him. but whipped several
men who came to the rescue Of
ranger.
While the sergeant was testifying
he looked straight at Sands with an
CRY eyes; Sands leaned his face on his
hands and glared back at him with
out blinking an eyelid-
Witness Sick; Testimony Read.
Thursday afternoons session began
at o'clock with the reading Of testi-
mony given by Z. A Warren, a wit
ness who was prevented By illness
from appearing in court His testi-
mony was taken in the presence OF
attorneys for both sides He declared
Sands was struck by the soldier be-
fore the shooting
The deposition of DR.. r. II. Black a / s
physician of Fit Smith. Ark, was read.
5e was not in the saloon at the time {
)t the shooting and his testimony !
-hreW little further light on the case {
- says hAerne stopped sands. I
Charles Beall, a state ranger who
Vas with Sands when the shooting
occurred, was the first witness called
~ the defence yesterday afternoon.
was IN the rear of the saloon 4
with Bill Sands before the Shooting" !
3eal testified. we were going TO l
ne police station and had started
Walking toward the front when some L
me attracted Sands's attention and
ye stopped We were then about the
middle of the bar. To the best OF nv l
collection, il was Sergt. Bierne who
topped Sands.
Claims Sergeant Hit Sands. ?
W hen he stopped Bill, there was an ,
ltercauon between them. but l didn't :
Understand the words. Then the SER {
cant. who had a club in his hand, .
cached over my shoulder and hit Bill
n the head Bill staggered back =.
gainst the bar and pulled his six .
hooter- He fired two shots and I y
elieve both Of them hit the soldier q
efore he fell to the floor" r
The witness then identified the hat u
-orn by Sands on the day OF the
illing. The club carried by Sergt.
ierne and which, according to wit in
esses for The defence was used TO r.
rike the defendant These articles s.
ere offered as exhibits in the trial ~
hey were passed to the jury for ex- "a
nination. n
Cross examination Of Beall BY at ~
'rney Jackson did not alter his testi- e
Ony materially. ~
DIR. Mcneil Dresses Wound r.
Dr. Irving Mcneil testified that he NJ
as called to the county Jail at 5 a.
!