El Paso herald. (El Paso, Tex.) 1901-1931, 1918-01-08
DON'T SHOOT NE. " FOURTH MAN
CRIES, As He SUPPORTS QUALEY
H. G.. sadler Gives Additional Testimony on Shooting,
at Fourth Writ of Inquiry Calls to Buchoz to Help,
But Real Estate Man Runs; Justice Hall Sus
ponds Hearing, Waiting for Houghton.

54O444S III 4AOAS HULL
, Qualey's hands just before the shoot
7 ing. witness said.
4 think Qualey put his hand IN his
pocket, but I am not sure.
says Buchoz Ran OFF.
At the time Qualey was facing al
most directly east. When Mr. Nc
Broom asked If witness had heard any
part Of the conversation before the
+ shooting, he replied IN the negative
adding
IF I'd dreamed it was trouble, !
[ would have avoided It"
/ Witness was asked if he was sober,
and he replied
Fl was sober I make Il a point 20
T be sober on all holidays"
After the shot was fired witness
said he called TO Nj Buchoz 10 help
F witness pick Qualey up. but Mr.
BuChoz ran off rather rapidly to-
wards the Sheldon entrance.
Witness repeated his story on more
questioning, and when asked If he
had told II TO any officer other than
constable Lon Garner. who had served
/ witness process on him, he replied in
the negative. Witness had not been
/ trying 10 avoid any service, but would
{ hsye preferred not TO be a witness in
/ the case.
Hears Leggett; Awaits HOughtOn.
Meanwhile, justice Hall was contin-
uing RuSselIs preliminary hearing in
the 41st district courtroom only one
witness was heard. William Leggett,
and then an agreement was announced
that the court would continue the
hearing until physicians attending
Houghton said his condition was such
that he could testify without danger
to himself
M. Leggett's testimony brought
no new facts into the record He tes-
tilted ne was in the Imperial cafe
when the shot that killed Qualey was
fired. Witness then came out TO
/ Qualey's body and with the assistance
of bystanders, including soldiers, IN
buttoned Qualey's collar, shirt and
waistband- and unloosened his belt
Witness knew neither Qualey nor
Russell and had heard none OF their
conversation, If there was any, before
the shooting, he said
Says Russell Talked OF Fight.
J. a. Gilchrist, 215 wyoming street,
a cattlemau and friend OF Russell,
was the first witness Monday after
noon He testified to being a party,
including Russell and Tom GOggi1.
cOnversiug in Hotel Sheldon lobby
New Years morning about $3.50
o'clock a bunch OF US were talk
Ing" said witness, and Russell re-
ferred 10 the fact that Mr.. Houghton
had been beaten up at the ZeigeT-
Russell said he had been over to the
Zeiger and served notice that they
might as well get out Of business,
that he was not running FL Paso, but
would see that Mr.. Zeiger was put
out Of business
we parted about % minutes later.
Mr. Russell said he wanted TO see me
NJ his room We went TO his room.
I was seated at a table and Mr. Rus
sell was walking around and then
--Hnl q chair Tna nmnnEfTn Side
lie placed q gun on the table with
something OF a thud. L said;
says Knows How to Use Gun.
Bill, that's a rather ugly looking
weapon He said. Yes. il is, and I
know how to use It. Any one who
undertakes TO beat up my old friend
Of long standing and business part
ner has got to settle with me-
Did me mention who that was2'
witness was asked
Yes. Ted Houghton.' was the re-
He said continued witness,
Now, Gilchrist, you are a friend of
mine. never lay your hands on me or
interfere If I'm doing business I'd
kill you as quick as anyone else"
Did he mention shooting up the
sheldon county attorney Fryer
asked.
Yes, he said his purpose was
Defeuce'S attorneys objected 10 this
discussion. and after some argument.
in which the state said il would prove
"a general feeling on the part Of
man bent on mischief" the question
was Withdrawn Witness then pro-
Ceeded as follows
Had Purpose in Shooting.
He said ! needn't think he was
fooling. lie had a purpose in shoot
ing interruption by defence) He
said he had been at the Zeiger, and
lad passed through the lobby and
was unable TO find Louis Zeiger. He
said If he could get at Zeiger, he
would finish him"
Did he give any reasons2" witness
was asked
1T was all on account Of the beat
ing W Of his friend, Ted Houghton-
There was something said regarding
the Lyons case-I can't remember
what He said, I'm looking for some
men. want to get at certain facts
He handed me card with the names
Of c. A. Kline and d. b uce Smith. He
r1derstOod they were in the party
when HOughton was beat up. He said
there were others, but he hadn't got
their names"
sees Russell. Hand in Pocket.
When did you next see Russell?'
Mr.. Fryer asked.
About one or two hours later,
was on oregon street He went into
the Zeiger. In a few minutes I stepped
asking the clerk where Zeiger was"
Describe RusselTs hands," witness
was told
He had his right hand in his right
oOcket I couldn't say what he had
in the pocket 1t stuck out Mr.. VIII
liams the clerk, said Mr.. Zeiger was
about Russell said, Z want to meet
him Williams stepped back to the
key board back Of the desk, and Rus
sell walked towards the dining room.
'ooked in the door and then came into
he grill room.
BeEs Russell 10 Avoid Trouble.
Il next saw Russell when I was in
he act Of entering an auto IN front
Of the Zeiger hotel, with a couple who
were going TO the court house to be
married. Nr- Russell came up and
I spoke 10 him and remarked some
thing about going in the hotel
'ut my hands on his shoulder and
said:
Bill. for heavens sake. don't look
for trouble. I am an old man. with
cray hairs, like you I'm done look
ing for trouble. Ny advice is that
for you He replied, You may be
Old enough. but Pm ready and look
ing for trouble"
Hadn't Mentioned QuaIey.
On cross examination, conducted by
Mr. ThomasOn, witness said: