El Paso herald. (El Paso, Tex.) 1901-1931, 1919-05-29


He declared that Sadlar told Of walk
ing ont OF the hotel with Russell and
that as the two passed BuchOz and
Qualey the latter called TO Russell
Sadler's testimony was TO the effect
that Russell did not return and that
when he (Sadler) tourned a second
later he saw Qualey turn 10 The right
and saw Russell fire one shot Sad
Ter said Quaiey clutched at him as
he Eel, tearing the pocket Of his
coat
With the examination Of eight wit
uesses the state rested its case al
o'clock Wednesday afternoon a re-
cess was taken until p. m in order
that attorneys for tie defense might
complete their arrangement for the
testimony Of the defense.
A first witness called by the state
in the afternoon session on Wednes-
day, and the fourth Of the trial. was
C. n jenkins Of the y .. Buchoz
company
4 knew Qualey and Russell Jen-
kins testified ~On the night Of the
killing OF Qualey I was standing on
the walk near the place where the
killing occurred I had gone to the
office about 7.50 AID shortly after
that Qualey came int the office look
ing for AIr. Buchoz. BuchOz was IN
the hotel lobby and Qualey went In
there TO talk TO him. They walked
out Of the lobby and stood near a post
at the sidewalk curp near the west
entrance of the hotel 1 was waiting
for Buchoz. I heard a report and
thought at first that it was an auto
mobile tire which had burst. but
turned and saw Qualey had fallen
and Russell was coming toward me.
putting his pistol into his belt Rus
sell went into the hotel and met
Buchoz at once and took him nome
He had been drinking. but I do not
believe he was what you would can
Heard One shot.
on cross-examination jenkins said
he heard only one shot
Il took BuchQz up through the
park" he said, and over near the
Orndorff hotel. where I told him 70
wait while I got a car to take MIN
home. I went hack TO the Office, then
got the car from the curb and drove
after him. When I got to the car
crowd OF people had gathered around
Qualey's body
paul d. Scott. 171s East Boulevard, I
who was g provost guard az the time
Of the killing. testified that he was
walking on the street near the hotel
at the time Of the shooting He said
ne ran TO the spot and found Qualey's {
body lying in the gutter and tna- ne Z
and another soldier lifted Il to the
sidewalk He said Qualey was not
dead then, but died about one minute
later He declared that he did not
see weapons Of any kind on or near I
the person OF Qualey.
Find Weapon
z. Beck. n patrolman. sad he was 4
near the Mills building at the time
He described how he and Capt Neater
went to Russeus room TO arrest him .
and said they found revolver IN a (
dresser. drawer. after Russell mad told
them where TO look
Seth Orndorff. sheriff. testified that
he searched the body Of Qualey soon
after the killing and that he found
in the murdered mans pockets only
a small penknife, a steel rule, money
and several letters
The state attempted to introduce in
evidence q narrative copy OF the testi-
mony OF J. A. Gilchrist, a witness for
the state, who has died since the first
trial Of the case in Jline 1913. The
defense objected and 81 was decided
that T. 3. Elfers. assistant district
attorney, might take the stand and
testify TO what testimony he had
heard Gilchrist swear. Elfers quoted 4
Illchrist's testimony as follows
Dead Mans Tale.
-GiIchrist said he was a cattleman
and had known both Russell and
Qualey for some time he said that
he saw Russell in the lobby Of the
sheldon hotel on the morning Of Janu-
7ry j, and that Russell had asked I
that he come to his room Gflchrist
testified that he went TO the room, +
and at RusselTs fnstigation seated
himself at a small table. He said
Russell then walked around the table
and threw a revolver upon Il, saying
that he Russell. was here to do bust
ness and, If you ever see me doing
business don't lay your hands upon
me- Gilchrist said Russell said TO
him Anyone who beats up an old
business partner like Ted Houghton
has TO settle with me- Gi1christ was
quoted as saying that he never heard /
Russell call Charles Qualey by name"
During the afternoon M Russell d
and a son Of the prisoner sat in the d
Neither displayed any
emotion although they gave close at