El Paso herald. (El Paso, Tex.) 1901-1931, 1919-05-30

On Nay 1 they entered Rubin's store.
according to testimony brought out in
the trial. and while one was making
a purchase, il is alleged that the other
hit the merchant in the head with a
hammer
4 Hale and Spencer came to Ell Paso in
an automobile owned by Hale's father.
in court with him almost constantly
during the past two days.
Russell Takes stand.
Russell took the stand in his own
behalf at 1880 o'clock Thursday aft
{ ernoon. He remained on the stand
until o'clock, the cross examination
requiring the greater Fart Of the
time His testimony was as fol-
lows:
Il am 50 years old. In January,
+ 1918, my family was living in Lub-
! book, Tex I was in FL Paso on
+ business / had lived in Lubbock
about six years and in the southwest
all Of my life, I have been a farmer
4 and freighter and have been a cat
/ tie commission broker and have sold
3 cattle for myself
4 came here on a trip in Deem
) Der, 1917, and stopped at the Sheldon
[ hotel I made one short trip 10
Z Douglas, Ariz-, during that time, re-
! turning here three or four days be-
] fore the holidays On New Years
r. eve was al ALlE -LlEAAWNl AWLEL ana
[ did not attend the party at the
{ Eieger hotel / know E C. Hougn-
/ ton very well His brother was a
( particular friend Of mine and also Of
my brother. On January I got out
3 Of bed early and went down into the
hotel lobby There j learned OF the
fact that Houghton had been nearly
killed 7 asked where he was and
on learning, called cab and went 10
Hotel Dieu. when I saw Houghtcn
I did not expect him to live. I asked
him how it had happened and where
I could get more details Of the az
fair Then Buchoz came into the
room and we talked about the affair.
I was given the names OF @. A Kin
ney and ID. B. Smith as persons who
could tell me about It. I wanted to
see the guilty parties arrested and I
asked who was the district attorney
and they told me. I expected Hough-
ton 20 die and did not want the
guilty persons 10 escape told
Houghton thought It was a dirty
shame that Louis Zieger and a gang
Of negroes should beat Up a man Of
his standing. I did not know Qualey
and had not even heard his name
until after I had shot him
Not Seeking QuaIey.
II told Houghton I would see
Zieger and If he was guilty 1 would
fired. I intended 20 do what I could ]
TO draw the cattlemen's trade away I
from the hotel I had not heard that !
Qualey was there / went there 3
hunting Kinney and Smith but
neither was there. I went three
times TO try and find Louis Zieger
but he also was gone
Later in the day met Gilchrist
and asked him 10 90 TO my room.
made no threats and did not men /
tion Qualey- On January met
Buchoz and he introduced me to
Leigh Clark and he and talked
about the Zieger affair told MIN I
70 was a shame to see such a man as +
HOughton beaten up and that
wanted him TO be sure that none OF /
the guilty parties escaped. He prom I
ised that he would see the right
parties prosecuted and that satisfied I
me. 7 met Hup Sadier then, and ne
and I started TO see Col Hunt. in
the Mint bar, about some cattle
was carrying a pistol in my belt as
we left the hotel i have carried 4
pistol since I was a boz and 1 put
on a pistol like I would my coat
Admits Shooting
"sadIer and I started out with me 1
next 20 the building. I heard some T
one talking. rather excited, and the
same man said 10 me. Russell come I
a search for Louis ZieEer-' I replied i
that HouEhton was a friend Of mine.
and he said, well Zieger is a friend I
OF mine What is u your business.
I asked him. He said. Well III damn
soon M Ike Il my business nd made
as though 20 draw his revolver.
thought I was going to be snol and
] was frightened ] shot on the i'm
pulse but I would not have shot had
known he was not armed then
went TO my room 20 wait for the Of
ficers because / knew that within a
short time they would come had
never seen the man before shot
him and I bore him no malice"
On cross examination the witness
maintained his denial that Hougnron
mentioned Qualey's name TO him IN
the hospital The state attempted to
show that Russell did not discuss the
Zieger affair with judge Clark hus-
sell denied that shortly before the
killing he quoted Poe's Raven IN
the Sheldon bar
with the reading Of the prelimin-
airy testimony Of stone Welbourn the
defense rested at 4:15 p. m. l. c.
Perry was then called TO the stand o
for further cross examinauon-
During the rebut-al the state called
John n Wyatt 10 the stand
i met Russell in the sheldon bar
ln the day Qualey was klllods' he
said. u was introduced Dy Lol-
Charles Hunt. Russell was a little
Doisterous and hilarious. He quoted
4oe's Raven and he also made some
remark about a damn nigger' as a
negro went behind the bar How
sver. 4 would not term him real
drunken man, although he seemed
very nervous. Some one came into I
he bar and Col Hunt called TO him I
When he did so Russell whirleo
.roun5 and made a peculiar motion. l
10 ] swallowed my liquor and said
good night ~
senator Dudley Testifies.
Senator r. NJ. Dudley testified that
lualey was not duarrelsome when r..
thinking Leigh Clark, district at
orney. took the stand and denied
hat Russell had discussed the zleger
ase with him, declaring that only Z.
he Joues-Lyons murder case was !,
discussed. The testimony Of capt =
III. Veater. who arrested Russell =,
Glowing the shooting was read. =