El Paso herald. (El Paso, Tex.) 1901-1931, 1918-01-07
FIRST COURT IN
MIDST Of SICK
Hotel Dieu Scene Of Hot
Words Between Attorneys
in Murder Hearing.

in Murder Hearing.
Continued from Page -
Qualey did not strike Hou-hton. but
was rumDli1g something witness
didn't know exactly ILo SAID ITO hen
with the kaiser-
Celebrating New Years.
On examination ay justice Hail.
witness testified further 'Houghton
las inroEf-a-=d-'
Was he making threats of throw
lg things around the court asked
-He was throwing things for his
own aluus=llenL
Was he angry
No. he was celebrating Kew y ear
'-T think vou told me he wanted 20
---r9lv q chair. the court said
"He was just -olying-
Buckingham Hears shot.
f- J.. buckingham. ir-, 1870 Montana
Fas another Witness to matters in
-ounectiou with the shooting. Wit
ness said he was standing on the
plaza side OF the T. d I. ticket
lffice with a friend We heard d.
ah0-. ] looked and saw two or three.
Hr several people saw a large man
.vm.uE uu, put q gun away. and walk
mo she hotel and walk upstairs. 7
Avs him again when they BROUGHT
him downstairs Witness Identified
Russell tn the courtroom as the large
man" referred TO-
on cross examination. witness said
he had seen nor heard nothing before
Cn5 shooting itself
Featured by Attorneys WransIc.
The entire session SATURDAY after
-llcu was featured by intense ar.-u-
.lenCs between the array of attorneys
on opposite sides OF the case the re-
marks ut times bordering dangerous
lE ON the personal When court re-
convened from the morning session.
a.Eumeu- on che states motion Toy
.zmOVilE the hearing 90 Hotel Di-u.
20 -ilaJ E0ugn-ll' s testimony might
Ice taken
Harper Opposes Hospital Hearing.
We all know thar al one time In
1llElaua and I'm Mexico no one was
present AT q trial but the judge and
-l- Witnesses. the defendant not even
icing allowed En- the court pleaded
judge a. j. Harper. But me people
ri ENGLAND demanded their rights and
-1rceG king John TO give them the
.-r=ar charter. But now. your honor.
..r this dav OF the 10th century the
state asks your honor to take this
hearing 20 O. SICK room where lne
.-ubILc cannot know what you are do
ing You have no right 70 take TINS
hearing 10 q JAN. n hospital nor any
s4nere else The legislature has ues-
euated places for HEARINGS that the
,u6lfc might know they can go there
nd hear The proceedings
cites Authority for Court
judge T. A. Falvey, replying, SAID
The state wants 20 take lhF te~t--
--ouv OF +. C.. HouEhton. whofls un-
.E1e TO appear IN court, being now az
F5tel Dicu, in FL Paso county Nov
.heu. as now. the court IS acting as
ID examining magistrate the court
-aS jurisdiction c0exteusiVa with the
-orrfv." Judge FalVey cited author
.-fzs 10 sUbstsuliate this argument
District attorney Leleh clark lhen
PRESENTED si-li1ar authorities Wn=re-
upon j.. :. Thomson 1or the ae-7ll-1-
IbomaSon Opposes Move.
II can't believe this court VIII es-
tabl-sh such q dangerous precedent
The witness IN a hospital IS not an
eve witness. nor Is II shown ne Is
-eriously sick; vet the state seeks 20
90 TO his private ROOM Wnere the
-.ubIic cannot 20. It IS safe 70 pc
7jcr thar II this is done, that IN ~
f-rra either side reS0rtlug 70 St'a l.
CIV. unfair or fair. might nave tne
curt go TO FL- Hancock Canul-iio or
any other place ~ lAe county -'
cure testimony"
authorities were presented 20 SHOW .
he court could nos transfer the near
..TTers-s q case where they seek %
---,z- the defendant the riEnt OF rai--
v-0uld transfer The hearing 10 . fll-
-ate house" added 1Ir- Thomasoi-
Tn~b'e 10 Come 10 Court
r II. AIcBroom. OF the prose- l-o-.'
reported a couTersatlon v IN Ut ~ ~
~ Ca1uau whC is attending AT
rTsupbtou. that the sick man Woula
--4 he able 10 come into court III --N7
+r,ar1 2 week. 50eakinF 20 naEe inc
..ssriur transferred Ar Alchrg-Al
I'D. aThe~e'u De no harm done ne F..
defence VIII ne there and Pc con-
r-onted with the witness
..v-o-- ara asked TO do some thlns no .
=rs+ire OF the pence I'm Texas ms
---s. dane RESPONDED attorney j. r.
r7-zsL-s- cone district judge tried 70
do This once. but the SuDre.- -.
rTeupted it, but th5 court OF aFpee-7
Afre- more argument on the same .
ITS Justice Hall ruled that the .
testimony Of At HouentoL le -i-
Make an Agreement 80
r,s-ero- s-rorre-s then asked Tor (
....7-5Tzea OF coufe~ring and retired +
p. an auteroom- After they renamed T.
-rere q short time. attorney j. r. Nc
Broom for the state. entered l"-- coz
ference and made an agreement AZ
r--sr-- for which was the SUBJECT OF
I'd su1s-uueut argument of counsel
that other state witnesses be heard
before the court would proceed 10
Hotel Dieu.
Mrs. Franklin Testifies.
Mrs. Ada Franklin. 62u North santa
Ire. who said she was i'm the insurance
business. was then placed on the stand
..ud examined by assistant district al
-oruey T. j. ElLers- Witness mad
known Russell about four years. she
-aid. She knew him in Lubbock and
--lsfr relations were friendly Wit
ness saw Russell in Hotel Zeiger
Jan i and testified TO having had