El Paso herald. (El Paso, Tex.) 1901-1931, 1920-09-23

I quiva He and Weaver were in the
I same tank with me- Weaver and ]
B occupied the same cell Weaver kept
I a deck of cards in a tobacco can.
About eight or nine days before
] last Saturday 7 was playing solitaire.
] I looked for the can I'm which We usu-
I ally kept them. when 7 had finished
I the game 7 could not find the same
T can but found another which 7 sup
& posed at the time was the same. ]
/ placed the cards fin this can
washed Cards
Weaver came in a few minutes
later and asked me where the deck
was. 7 told him had placed them in
the can he had put over the door sill.
de said Good Cod and hastily got
the can down Then he took the
cards TO q basin and washed them
carefully. While he was washing the
cards 7 looked into the can and saw
about an inch of yellowish powder in
It, 7 asked him what was the matter
with the cards He said 10 was medi-
cine. For a time he paced the cOrri-
dor Of the tank
That evening he said III tell you
what that Is. 1t is poison my attor-
ney. Burkhalter. brought me TO kill
old man Lee" Gee is an alias used
by Barquiva. according to county au-
-horiIesl- he said IL was deadly
poison and that Burkhalter was going
ter also would bring him $500 or $3.50
and cut the lawyers Zee in his de-
fence TO $500. He said Burkhalter
hadn't brought the money and he
wasn't going 70 be made a fool Of
"He said he was not going to poison
anyone, but was going 10 make Burk-
halter bring him money and some
saws de wanted the saws for Bar
quira and said Barquiva was an old
and experienced jan breaker. He said
Burkhalter owed hie1 S125 for work
ing on the building Of a house down
the valley He also safG he would
make BurEhalter come through By
getting evidence on him
Wanted eSOmefhlnE on Buu<haIter.1
Weaver expected Burkhalter daily
10 see II the old man was dead vet.
weaver said he poured the powder
out but was going 10 get more poison
so as TO have something on Burkhal-
ter. Later he said Burkhalter agreed
10 bring liquid poison 10 him
II was in the chapel ar one time.
with my attorney. Mr. Peden- Burk-
halter and Weaver came in 7 told
Peden they were goiug 10 pass some
thing between them They did When
went back 10 the cell Weaver said
Burkhalrer had given him poison
and showed me an envelope and a lit
tie bottle I told Weaver 70 give this
10 his attorneys and protested that he
had no business keeping such stuff I'm
a jail Burkhalter and Weaver Wis
tied in the chapel often Later Weaver
told me he had given the bottle to the
district attorney Baruuiva says he
Is 81 years old He is federal pris-
oner."
on cross examination. the witness
said:
Weaver said Burlrhalter told him
ne would not give him any money un-
Barquiva was going 10 saw out Of the
Jail but that Burkhalter refused TO
bring the saws for him Barquiva
wanted me TO get my wife. who Wis
tied me, 70 bring him saws Weaver {
and Barquiva said she could do this
easily as she was not searched on
entering had told 1ailCr Barney
that Burkhalter was a bad man 10
visit the jail and told him I'd explain Z
more later
'I poured out my beans several I
times and also an open can Of milk /.
rs 7 was afraid some OF that poison I
might have got into them never
ate what I did not see put into my 1
sell by the jailors and knew was not 1
poisoned 7 told my wife about it at 4
lnce so that II kicked Off she
would know how II happened Weaver
aid he'd make Burkhalter make his 4
bond or bring him money or that he'd ]
3arquiva made a list Of saws and files
ne needed for a jail break
Tells Of Plot
II r1iHk II BarQuiTa had known OF /
he poison IN the cell he would have Z
.rokeu put Of jail, as he was excitable {
nyhoW. am positive he knew moth
~ Of the presence Of the poison or 3
'e was an expert at getting out Of
all That list OF saws was printed
With a pencil Weaver said Burkha1-
er was to bring him a bulb with
which TO spray something under Bar
uiva's nose. He said the man would
hen fau and that one could place
ONE poison on his tongue and that
e would INN ediately die OF heart
isease- He said he was a little
fraid to visit with Burzhalter IN the
hapel as Burkhalter might shoot
ONE Of the poison under his nose"
J. c. StanseL in charge Of the Grim
nal department Of the sheriffs Of
ice. who handled the case, testified Z
s follows:
@Burquivu knew Too Much.n
Last week got a report that
Weaver had poison in the jail.
llked to Weaver and he told me that
.urkhalter gave IL 70 him I had an
ONE OF the poison under the skin Of
guinea pig and &c died In two I
linutes- weaver said the poison was
1ven him BY Burkhalter TO kill Bar
viva and said that Burkhalter
-anted 70 keep BarQuiTa from telling
mat he Enew-that he knew too
luch- weaver said Burkhalter would
e IN the jan at, p m on Saturday /
tternoon with a bag Of grapes,
yringe and some poison. He wanted
Weaver 20 put the poison in the
rapes for Barquira-
When ] went into the chapel Burk- Z
alter and Weaver were there / Z
earchec Weaver and found a medi-
inc drOpper and a little vial Weaver 7
aid Burkhalter gave Il TO him. This {
0ttle was tested. In a minute and {
half il paralyzed q guinea pig. q
-hich was later revived have
aarched Burkhalter's office and
lund two lots OF stuff; the first was q
package Of capsules in his desk. Be
Ind the bookcases 7 found & bottle
obtaining powder 7 also found a
ll OF $500 wrapped In paper. Three
these bills were OF 500 denomina-
on The rest were fifties also
IuEd a sack containing grapes"
SralseL on cross examination teE- {
fled. as follows
was TO Poison Fruit. q
y first got my information Friday q
orning and talked TO Weaver then S
was TO walk TO the chanel door {
lille Burkhalter was with Weaver s
the poison had been delivered 10 r
eaver he was TO make me a signal I c
went there and he did so. I searched Q
urkhalter first and found nothing
ID aaaIaa :