El Paso herald. (El Paso, Tex.) 1901-1931, 1918-06-04
Denied Change Of Venue
Attorneys Prepare Appi-
cation to Judge.

+ %. Howe at a night session OF court
/ Monday night. attorneys in the case
+ Of W.. 6. Russell, Lubbock. Texas. cat
tleman. alleged TO have killed Charles
Qualey mining man, Tuesday morn
/ ing were preparing an application for
continuance of the trial. in the 3ith
district court
judge Howe's decision on the mo-
ton for change Of venue Hollow ca
E evidence given by over dozen VII
] nesses- Al the night session lhe
state presented r. b stevens Jonu
n. WYATT and Judge $. j. Isaacks, who
testified TO the effect that while the
Russell charge had been given wide
publicity. they Thought 10 possible 10
/ secure a jury to give the accused a
Z fair trial Judge ls1aeks. VINO was q
leader in the local option fight said
the prohibition movement had been
talked before the alleged killing or
Mr. Qualey-
When the defence announced Tues
day morning il would seek a con-
/ tinuauce. the court excused the jury
panel until . o'clock In the afternoon,
and all witnesses in the case until 9
o'clock Wednesday morning IL was
understood that with the application
for continuance, the defence would
set up that some Of its witnesses were
absent.
Defence submits Witnesses
The defence submitted witnesses on
the change of venire application,
Monday afternoon, as follows
Ralph l. Heron. newspaper re-
porter. testified that ne covered for
The Herald an anti-vice meeting held
at the chamber Of commerce the night
Russell is alleged 10 have killed Qua
lev He thought over 400 persons at
tended the meeting He identified an
account in The Herald Of Jan as
that he had written,
ut was mentioned at least once, but
no names were mentioned
do YOU remember If a reference
was made Of the killing alleged TO
have taken place by the sheldon no.
tel17
do YOU know what the circulation
Of The Herald isl IL has a wide cir
culation, has it nOt2'
Il don't know. / think 10 has.
Witness related discussion had al
the meeting relative TO citizens pledE-
ing themselves not TO try 10 eVade
G. c. Members beg OFF,
The court then announced By way
of incident that the Monday following
this meeting five or six chamber OF
commerce members begged Off jury
H. W. Bierhorst. court reporter Of
The Herald. was called on TO testify
if he had heard the Qualey killing
mentioned az prohibition or otner pub
lie gatherings, and replied the
NEGATIVE. Ha testified that he had
written many columns about the RUS
seu-Qualey case and that the same
had been given wide publicity He
thought the circulation Of The Her
aid was about 10000. He testified thaL
he also covered the Felix Jones case,
which The Herald gave wide pub
ucity, he said.
Case Given Wide Publicity.
r C. Chapman, court reporter or the
Times. testified he didn't know what
the circulation of that paper was lie
identified articles on the Qualey-Rus-
sell case he had written and also tes-
titled the case had been given wide
publicity
Both 1Iessrs. Bierhurst and Chap
man said they did not hear Of prohlni-
tiOn petitions until several days aLter
the alleged killing.
Attorney j. A. Buckler, next Wit
ness. testified that at the chamber Of
commerce meeting ~the idea seemed
10 be TO assist in a cleanup and make
representations TO the government
about a cantonment
-I recollect that AR McNary men
toned in enc Of the general talks that
one Of our citizens had been shot
down" witness said
Hear Russell Case Discussed
p T. Sandersou, next witness. SAID
ne had lived in this section % years
He had heard "a good deal Of discus
sion" relative TO the Russell case he
testified.
-From what YOU have heard and
read. do YOU think the defendant
could get a fair and impartial trial IN
b this county
on cross examination, witness said
/ he had known Russell "oft and on
D hour 10 years Witness was shown
I Q list of 40 names and asked how
many he knew. and indicated one
Norwood Han. cattleman, then took
I the stand. testifying he had lived
/ here about 5 years and was widely
D acquainted in this section, having
I known Charles Qualey a number OF
wears and Russell since about Dec ]
I last.
: -Has this case attracted a great deal
[ Of public Interest,"
1T has"
SAYS Vice Crusade Exeites.
: what is your opinion as 10 whether
I there is any prejudice against EuaseLi
} in this county
J Il think there's prejudice asalnsl
Z any man in that kind Of trouble now,
I witness replied
: Il think people were little excited
By the vice crusade
+ Witness was shown q list OF names
/ and indicated he knew 10 OF the per
I sens thereon. and said ne nau u-a-
cussed the case with two named on
| the list. and about go people IN an
z He mentioned several persons as nav
ling expressed prejudice, but witness
7 added. lit was the act rather than the
man. I guess, they were talking
about
Hard to Get Jurors
Are you in sympathy with the
[ cleanup"
Il am in sympathy with st. but they
/ carry some things TO extremes Ny
opinion is now that jurors feel they
have got to make an eXemple Of some
body. as there have been so many KILL
ings in FL Paso-"
you undertake to- say then that
they couldn't get y jurors i'm this
county TO give the accused a Ialr
I trial."
-It would be hard TO pick them"
UmfnvOrnbIe View Expressed.
3. T.. Younge, furniture dealer next
witness. said he had heard a great
deal Of discussion Of the case
What opinion has been expressedE
Opinion against Mr. Russell
What is your opinion as 20 Wheth-
er or not he could get a fair trial In
/ this county.
Il don't think he could
Walter Williams testifled he is
widely acquainted here and has heard
a good many people discuss the case
I ms opinion was Russell could get a
; fair trial If he could get jury, but
imagine it would be hard TO get a
Jury that hadn't heard the case dis
cussed."
Hears Much Discussion
r H Griffith. grocer. then took the