El Paso herald. (El Paso, Tex.) 1901-1931, 1917-07-20

. bond for my appearance ana was re
fused Captain Lee Hall refused Z
allow me 10 use the telephone final
IL was released and returned hOm'
soaked with water / have been her
% years and this is the first time
was ever arrested
When asked by Mr.. Wyatt if he had
been drinking the witness said he IA,
but that he was not intoxicated
Mayor Davis informed the commits
sion that Mr.. McGurn was an old resi-
dent of the city and was highly re
An Investigation viii be held by tn,
commission
/ tion. said he did not hear Capt
AVauut say 10 Ross that he inteuue.
making an example OF him. The VII
ness on redirect examination said Do
heard Ross say. in speaking @
Avauur. II am going To get your job
Bloch Gives Testimony.
Herman Bloch, proprietor Of tn
junk shop. was next sworn
When the witness took The stand h
was asked by ny. Wyatt II he appre
ciared what an oath was and he re
Piled he did.
BIoch said that on the day of IN,
trouble detective LykIus with Seyera
men came into his store. He asket
Lvkins who the men We're and he re
T piled. witness said that they Wer'
. civilians that he had sworn in. BiOcl
said he told Lykins he did not have
. sucl authority Capt. Avaunt theI
came 10 the store the witness said
when Avauut entered he and RIOS.
. started arguing" Bloch said RIOS.
said he was a deputy sheriff and ap-
. leared angry ] told Ross TO 80 away
not 10 have trouble, because he ap-
. peared mad
Ross Cross Examines Bloch.
Here Ross started cross examining
the witness.
Did You or did you not tell me il
Capt. AvauuL's office when you were
under arrest and ! was also arrested
that you would have friend bail me
OUT
yes. did"
And didn't tell you that would
get my own friends to 90 my bond
that Z did not want your friends TO 60
on my bond. and as i started out the
door did not Capt Avaunt run after
The witness said he did not remem-
-Did you not tell me that you
signed that statement about me be-
coming excited when Capt. Avauui
was in the store because Avaunt said
would not make you submit reports 70
the police department and is IL not
a fact that since you have made
hAocn says NOI mutE DANA-
That's my business replied Bloch
-'T was not under oath when l talked
to you and what 7 said makes no dit
ference I can withdraw what I said
10 you then if I want to-
Didn't you say in the presence Of
detective Lykius. Walter keece, my
wife and myself that Avaunt had
promised you protection If you would
make thar statement
THAT was talk I take that back
Makes no difference what said
then"
M Wyatt ased Bloch why he was
not making his report TO the police
department.
Claims Law Unconstitutional.
That law is unconstitutional, ne
replied. Il am going TO beat that law
and have carried il to the supreme
court don't believe it's right"
Mr.. NcBrOOm then explained that
the junk dealers were trying to make
q test of the law and had carried il TO
the supreme court which is expected
to hand down decision soon.
Mr. Wyatt asked Bloch if the police
frequently visited his place and he
replied they did. Did they visit il
today he was asked Il don't know.
1 have not been at the store much"
Narbrough. Inspector, Testifies.
W a. Narbrough, assistant second
hand and junk inspector, TESTIFIED
that on July Bloch told him the rea-
son he was not making q daily report
to the police was because metals
were on the downward trend and his
men were not buying any. That the
only thing he was buying was in car
load lots which he was billing from
Mexico TO Chicago.
chief of police p. J Zabrisliie was
placed on the stand by the defence
attorneys and stated that the orders
to police for inspecting junk shops
and second hand stores was very
strict The chief said he had never
heard Capt Avaunt make any threat
eninE remarks about any one, espe-
cfally any he had arrested.
Pullman StOrekeeper TeStifies.
The next witness called was H. J.
Ryan. storekeeper for the Pullman
COMPANY The witness stated that he
was at Bloch's store on the afternoon
Of June 26 when capt .Ayaunt en-
tered. The witness testified.
when capt Avaunt entered Ross
jumped UP and said he was a police
man IS years ago; that he knew more
about police work than Avaunt did
He said he had forgotten more than
Avaunt that II he was not more care
full he would get his job
Receivers Brass SpfttOOns.
Capt Avaunt acted in a gentle
manly manner throughout the con-
versation. He did not abuse Mr.. Ross
in any manner. Ross was the only
person that made a threat I recov-
cred three stolen brass cuspidors from
the store"
J. T. OFT testified that Ross told
Capt. Avaunt. Il was an officer long
before YOU came to Fl Paso."
Harry Ross. complaining witness,
then took the stand His testimony
in part follows
Tells Of Franks Search.
"On the night Of June % officer
Frank came to Nr. BlOch's place of
business where I was working and
asked permission TO look around the
store and I gave him this permission.
He started dumping stuff out of bags
and I asked him If he had a search
warrant and he said he did not Then
I told him that he could not look at
the stuff without a warrant. because
Mr.. Bloch had given me these in
structions through advice from his
attorneys
The next day detective Lykins
came 20 the store and asked Bloch TO
"a a r.na