El Paso herald. (El Paso, Tex.) 1901-1931, 1918-06-10

GeTTE said q understand you are
II hunting Louis Zeiger and max
ing a lot o. talk about HouEhton be-
ing beat up I said. Houghton is my
friend lie said 'Zeiger is my friend
7 said What's that your busiaessT
lie said. Ill dam soon make Il my
business and he turned about 60 the
right st thar instant pulled my
sun and fired I thought he was
drawing a gun and 7 fired to save my
life"
This is the version given by VIII
liam g. Russell Of any conversation
that might have taken place between
him and Charles lualey on Pioneer
plaza the night OF January .. when
Russell shot and killed Qualey- Rus
sell took the stand I'm his own behalf
in the 5fth district court Monday
mernIu- and testified as above re-
lated lie insisted, inn direct and cross
exam nation, that he didn't even know
the identity OF Qualey when he shot
him. and did so in absolute conviction
that he was protecting his own life.
Florist in Plaza.
The defence continued presentation
OF its case Monday morning placing
George Levy, florist. on the witness
stand, who said he had a stand in the
Mccoy. hotel lobby. Jan. last He
said that he was in Pioneer plaza
when the shot was fired
what attracted your attention be-
fore the shot was fired2"
There were some men there saw
three or four mem
Were you looking at them when
the shot was fired-
They we're in the direct line OF.
Hears shot Fired.
State what you saw"
81 heard the shot. fired by the man
OF the appearance OF 1fr. Russell The
other two men seemed smaller than
him He was facing towards Little
plaza and the man who was shot was
facing towards the mail plaza
what did YOU see before the shot2'
u saw the man that was shot
reeollect very clear-he turned a lit
tie to the right and his right hand
moved a little to his right side Imme- Z
diately after that the shot rang out
I saw him staEger. Then went 10 my
store saw another man run up the
alley
Demonstrates for jury.
On cross examination. witness said
there were three or four men at the
scene Of the shooting. but couldn't be I
exact Witness then demonstrated I
with court attendants how the men
were grouped, 20 the best Of his recol- 3
lection His grouping showed Qualey I
and Russell facing each other.
The last saw OF the man who was I
shot he was staggering around the 4
post witness said.
you testified before the grand jury I
in Mayo
yes"
Through attorney ". 2. Bledsoe. the !
defence objected TO Introduction OF I
statements made at the grand jury In 1
lIaT. because the record showed Rus I
sell had been indicted In January The I
defence fled exceptions.
Attracted by Groups.
Witness was then asked II he had i
not said at the grand jury that he 4
could distinguish the man who shot I
and that be went into the sheldon.
II testified 70 that, yes. SIR wit 4
ness said
rs it truee" Objection by the de-
fence 70 TINS question vas sus-
tanned. and witness was then asked: l
Did YOU pay particular attention TO 4
the three men,
Not any particular attention"
The first thing that particularly \
attracted your attention was when the
shot was firedg'
no. the group OF men standing
tls,re-"
Witness could not be exact as to
the movements OF a fourth man. The
state then asked II witness had not
said at the grand jury that he paid no
attention until the man was shot. He
replied that -the questions were put
70 me In such a way that 7 could not
have answered just like that"
Had Mind On Gunmun.
Witness then said that when he was
taikinE TO the grand jury he had his
mind on a man who had tried TO pull
gun on me last summer"
Defence then objected on The
grounds that the May grand jury was
not held I'm accordance with law. be-
cause a stenoErapher was present.
The court overruled the objection.
Witness said he first told what he
knew to RusselTs attorneys. on sug-
Eestion from his own legal adviser.
On redirect examination, witness
said he had first spoken to Volney
Brown, his attorney, who told him
Thomson and Lea were Russelrs at
torneTs, and that he appeared before
the grand jury on request from assist
ant district attorney =. 3. Elfers.
HuchoE Is Recalled.
n G. Buchoz was then called FOR ad-
uluonal cross examination.
How long were you and Mr.. Qua
ley in the hotel lobby before you went
outside"