El Paso Daily Herald. (El Paso, Tex.), Vol. 18, No. 260, Ed. 1 Wednesday, November 16, 1898 Page: 8 of 8
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EL PASO DAILY HERALD WEDNESDAY NOVEMBER 16. 1898.
o
o
D
THE WEATHER.
UniTn Statfs Weather norn
El. PA" Tia. Nov a. 1
Local Time 6: M a. m. !
Baromettr
Thermometer...... ....-.---
uirecnoD di wiu- .
Velocity of wind per hour . clear
RaTnhoaTTonTn -A
CLASSIFIED ADS.
WANTKl).
antko Hy
"". ii h. the da la families. K
Me. a iWM'
....! I-1 a .rmd rook at Mexican Cen-
-
W tral K. R. eating house.Juare lieference
required.
AY board at 3 Texas street.
rOK KENT.
BENT A nicely furnished front
I room. Add ress th Is O fflce.
TX)R BENT. Nicely
fnrnt.bed front room
with bath.
307 North El Paso street.
Gas
YwtV n" choa "between Myrtle
m p...i.kttii r.nnt room
T. and Texas street.
roH SALE.
nob SALE Mining bonds
A1 tie raid office.
for sale at the
. a .. plaaa rcstau rant
I;iV5T.7;rhlnnew; 306 Mesa Are.
famous Orange
X? blossom by
street.
Mw A.M. Bmlth. 126 Leon
r-fR RALPor trade A rood waRonette for a
F farm waS'n-Oall at Tom Minor s black-
smith shop Overland street. ;
-on RAI E A large gentle delivery horse
On !Lri ..!.. xni h Hunton street.
I at ran a
Very cheap.
MWOKLLANKOC8.
-.t vjonxN will organize an evening
lYl dancing class at Chopin hall Thursday
8 P- TO.
KILLING OF BEN COLE.
nttn ;-hauer and Sam Murray Un
rrct Charaed With the
Uvl
Crime.
. . 1 .L.t W . a iaan ATIWRted tO
l.f.ni rim during the past 30 S
.tknlacelast Wedneseay after
ZTi k. .h o'clock. It was on
th ranch of Otto Scbauer
in Irion
. An rf rvlrp v. near
the line of
Tom Green about 23.milesfromfaan An-
SSL The first information received in
ban Angelo was a witl.uuD
r -vi nVlrv-W to Sheriff Shield
a nun Anhauer and Sam Mur-
.v.. . .nk had been issued in
t ' "r.'T hro-lntr them with the
Cole. The excitement
i- o n.oirk u intense. Sam Mur-
-a arrested by Deputy Sheriff
nw n..nAman and the rangers on
nhhnnrna street about eight
ftVik without resistance and
I. Rchauer was ar-
.tri in the same manner. Butn prl-
-. -. niand in iall where they
remained until yesterday evening:
v. Kas .m taken to Sherwood by
ci trr i T Rutledce and State
ktC Hill & Wright
n. thA defendants. and B. W.
Rimes for the prosecution immediately
tiini It la nresumed that the ex-
i.i.. t-t.i will take place to-
IU1U1H wa
J.
One report of the killing was that
fih..r Md Murray were driving a
hunnh nf horses and ran up suddenly
ti.n Pni. whn fired his pistol at
Scbauer Scbauer returning the fire
-uk . nrinAh.atpr ihotrun. knocking
ni. ff Kia hnrM. and when Cole fell
hn fired his nistol at Murray Murray
th. ftm with hisslx-sbooter.
av..oi. nd Murray then came to San
ndered. Four Bbots
ku( u.w " w - -
tn all were fired.
Another renort says and what ap-
I. ka t.h Btthtftance of the coron
er's inquest at Sherwood that the body
of Ben Cole was found in Schauer's
tv.stn .hnt with a load of buck shot
U the left side which passed
thmnirh his body coming out on the
right side being evidently fired at
close range. Another shot either
from a pistol or rifle penetrated his
right eye and was cut out at
th. hUA nf the brain. He
waa lvir.tr nn his baok when found
with his pistol near his left hand two
chambers had been discharged and the
hammer was resting on the next load
ed cartridge but itbere was no dent in
the cartridge showing the pistol had
not been snapped. The deceased s
addle had blood on it and his borse's
tracks showed tbat he was riding- to
wards his home when the parties met.
ThA tmnhlA u auDDoeed to have Origi
nated nvAf one of deceased's female
relatives. Deceased was under a $2000
nwutA hnnd at the time of the killing.
Ben Cole was one of the beat citizegs
in w.it Tnvaa and where known was
almnat universally DODUlar. His
funeral occurred at Sherwood Thurs-
tno- and was the largest ever
held in that town. He was a well to do
AattlAman and the Standard sympathl-
cna with his widow and other relatives
and friends in their affliction.- San
Angelo Standard.
Mr. Solky Honored.
At the weekly meeting of Gate city
aaaemhlv No. 3041 K of L. last nigbt.A.
Solky who has been secretary of that
lodge for nearly ten years was pre-
unt with a handsome testimonial. It
consisted of a handsome igold KolL
badge and a pair of heavy gold sleeve
buttons. Thev were presented by Dr.
Higgins in a graceful speech. The
secretary responded with a few well
chosen words.
A Nice Present
lor your wife a chafing dish. We
have them. Ill San Antonio St. Geo.
W. Hickox & Hixson the jewelers
Posener's cut-rate millinery store
will hold its grand opening on Situr
day Nov. 19th.
El Paso Dairy
156.
company. Telephone
A Scrap.
While 1 Paso is not noted for its
belligerency there are times when she
comes to the front me latest novelty
in this line is the war between the
West Texas Saddlery Co. horse blankets
and lap robes and old Mr. Cold and the
robes aDd blanks'B when properly used
have won out; you can see them at cor
ner of Oregon and uveriand streets.
Patronage hangs on a
thread; that thread is your
satisfaction. Treat you hon-
estly and it's as strong as a
cable; abuse your confidence
and it may snap like a cob-
web. We are striving to
build cables; therefore we
handle teas and coffees
imported by Chase $
Sanborn This name means
a great deal in these days of
cheap everything; it is a
name that brings you a
guarantee and satisfaction
that no other line of tea and
coffee will produce.
CHAS. F. SLACK & CO.
1 For Men Only 1
Ladies don't use them. We refer to the celebrated "Grif-
fon" ' Safety Razors and Patent Strops. Makes a nice
Christmas present for a gentleman particularly if he trav-
els or shaves himself. Price all complete 83 00. --3
Now Is the Time to Select Christmas Presents.
Early and Get the Cream.
g GEO. W. HICKOX & HIXSON.
"The Jewelers.'
Ill San Antonio Street
Bron.onBlock.
liiitiiiiiiiiiiiininuniamiiuiuiiiiuiuiiiimtummiiiiiiitK
. TIVCG
RfcLA 1 1 VfcO
IN IRELAND
Are Frequently Mentioned
In Today's Testimony
PATTERSON'S CHARACTER
la Called In Question. And Testanea
To By A Number Of Witnesses.
The Contestant Still Presenting
Evidence Of Burns's Intention To
Will His Property To His Re
latives.
In the Burns will contest the first
witness this morning was Dr. Thomp-
son who attended Burns during his
last illness and wa9 his Burns's phy-
sician until he lefthere for Lcb An-
geles where he died.
On the direct examination ur.
ThomDson said tbat he bad held many
conversations with Burns the last just
before he went to Lios Angeles and
that Burns frequently spoke
of his nieces and halfbrother in
Ireland and Bald he intended
leaving them all his posses
sions and that a will bad been drawn
nn nam in ir Tavlor as executor.
Burns was not a man wno couiu
. . .
rjersuaded and his mind was active to
the last although he was very weak in
body-
Witness waa cross examines oy ear.
Davis: i. -
O. Had Burns become enfeebled bo
ha could have been influenced
A. I can imagine no way in which
he could have been imposed upon ex-
cept where education wa required
for he could neither read or write.
When he talked to you might not be
have meant that he only left the estate
to Taylor executor?
1 think be intended me to under
stand that the property was left to
Lamb and daughters. . "When I heard
of the alleged Patterson will I was as-
tonished. '
How did you gain your impression
about the disposition of property?
Only a short time - be I ore he went
away he talked to me about bringing
his niece - here and said tney would oc
cupy a bouse on the north side in a re-
Bpeotabip pare oi town.
liedirect by uoiaweu:
Q. Did Burns know his days were
numbered.
A. Yes I told him as bis physician
and he sent for a priest. He spoke of
his nieces coming here after I told him
and after he had sent for Father Cahill.
At any time did he tell you how
he made his money?
Yes several times. . He used to tell
me about assisting the lewd women on
Utah St. when they wore sick saying
he could not refuse to help them when
he had made every cent of his money
out of them. He buried several of
them and aided others when they were
ill.
Did deceased ever do or say any
thing to indicate that his feelings to-
ward his relatives bad undergone a
change.
Never.
(Excused).
William Allen Burns's collector
was called. Witness has resided in El
Paso since 1875 and collected for Burns
during 'the last two years he was alive.
Burns often told witness about nieces
and half brother in Ireland and said
they were coming to this country to
live and asked witness to teach them
American ways after he was dead.
He said Patterson had made bis will
leaving property to Lamb and the
girls and tbat Taylor would
manage the property and
witness would collect the rents as
in the pa9t.
Burns bad his nieces' photographs i
and the day he left for Los Angeles
5H0OT"f Pickwick .System!
THfctpNC
RtghtSnapeclofliing U Hiwd-lbf iTHw.
Come r3
El Paso Texas ZZS
gave them to witness for .safe keeping
and gave him nla watch to be given to
Taylor.
Burns told witness to give the
photographs to the girls when they
came to El Paso after his death.
Burns instructed Witness to fix up a
house on the north side for the
girls to live in when they arrived;
said he did not want them to sell out
and go back to Ireland but remain in
America.
Q. Is Patterson related to Burns?
A. If so Burns never told me.
Cross examined by Attorney Davis:
Q How many wills did Burns tell
you about?
A. He said he made one once be-
fore giving something to Jennie Mc-
Dermott but that it had been destroy-
ed; told me in 1896 a few days before
Christmas that Wallace had made an-
other will for him leaving property to
Lamb and daughters and that I was to
collect the rents.
When did he last talk to you In this
way.
The day he left for Los Angeles.
CHARACTER WITNESSES.
The contestants next introduced
Maurice McKelligon who testified as
on the former trial that Wallace's
general reputation for truth and ve
racity was bad and that he was un
worthy of belief on oath.
Witness declined to testify as to Pat
terson's reputation but said that in
many respects Patterson is a man of
merit.
Q. You are not a friend of Wal
lace's?
A. No. sir: not since we had a diffl
culty three years ago and he assaulted
myself and a friend on the street.
Witness was excused.
H. R. Woods as on the previous
trial testified tbat Patterson's 'gen
eral refutation for truth and veracity
was bad and that he was not worthy of
belief under oath. He was excused
without being cross examined.
J. D. Wiloox testified that Burns
had told him that he intended leaving
everything tj his Irish kindred. The
conversation occurred a few days be
fore Burns went away never to re
turn.
On cross examination the witness
was somewhat confused by Attorney
Davis.
Richard Keays the plumber was the
next witness. He eaid that he had
freauentlv worked for Burns and often
talked to him about his relatives
and the DhotosrraDhs of his nieces.
isurna told witness in at ne naa
made a will leaving his property to
Lamb and family and that J. J. Taylor
was to be executor; toin mm tms a
short time before he went to Califor-
nia. The cross examination of the wit
ness was brief and to no purpose.
Mike Connors was the last witness
before court took a recess for dinner.
He was born in Ireland and has resid
ed in El Paso since 1882.
Patterson had once shown witness
Awardea
Highest Honors World' Fair.
Gold Medal Midwinter Fair.
CREAM
MEfflPKB
A fun Grsps Crtaa ofl YarUr Powset.
wmwm
'Our Line of.
Fall and
Winter
SUITS and
OVERCOATS
Is Complete.
WE FIT THE HARD
TO FIT. ....
R. C. Lightbody
812-214 ElcPaso Street.
pair of handsome sleeve buttons which
Burns ha given him. Patterson aaid
to witness that he had written Burns s
will a year before and that the "old
man" had $7000 in money and the real
AFTERNOON SESSION.
Immediately after oourt opened for
the afternoon session Judge Walthall
announced his decision in regard to
admitting as evidence the letter writ-
ten by Roaoh at Burns's dictation.
He stated tbat be would admit it and
the attorneys for the contestee had an
exception noted in the stenographic
reports. ti
Following is the letter. It was writ-
ten to Lamb by Burns after the date of
the alleged Patterson will.
El. Paso. Texas March 1 1898.
Dear Brother:
I reoeived your kind letter of the
5th and was sorry that you was not en-
joying good health. I would have an-
swered your last -letter but I laid
up sick. I am not having
good neaitn au winter.
am laid up in oea ior me iaet ou oays
very bad and I do not know what time
will get better as j. nave oeen very
low in health I enclose a draft for two
pounds for you to use for
yourself and children I al
so wish your wiie ana
baby everlasting joy and good health.
Whatever i nave rot in property x
have secured for you and family since
last year - so you cannot be
beat out of it. I also re-
quest that your ungrateful
son shall never receive any benefit
from it after my death. No more news
at present. Give my best regards to
wife and children.
Your Fond Brother
James Burns.
The first witness was David M.
Payne the produce dealer and com-
mission merchant. He testified con
cerning the general reputation of W.
K. Van Patten and said he did not
consider Van Patten worthy of belief
under oath.
"Did you ever have any business
dealings with Van Patten" asked At-
torney Davis.
None whatever.
When did you ever hear Van Pat
ten's reputation discussed?
Don't know that l can state the ex
act time but I have heard it discussed
perhaps twenty times. Once about two
years ago by a hunting party; his gen-
eral reputation was usually discussed
and it was bad.
You can't saythen that you ever heard
his reputation for truth and veracity
discussed especially.
O. ves. I have. 1 remember hearing
one man say point blank tbat he would
not believe van fatten on oatn.
Who was that?
Fred Bascom of Las Cruces. My
opinion was formed during twelve
years during which 1 have Known
Van Patten by reputation.
H. B. Stevens testified that Wal
lace's general reputation for truth and
veracity was bad. Witness consider
ed him unworthy of belief on oath.
NEW SMALLPOX CASES.
The City Health Officer In a DI-
lemma.
City Health Officer Race is in a
dilemma as to what to do with the in-
creasinsr number of smallpox patients.
He;has no "house of detention" topi ace
suspects in and the pest house is now
full. Three cases nave Deen reported
in the last twenty-four hours and a
number of the citizens are making
an arrangment to take up
the matter seriously if something
is not done by the city council.
Yesterday afternoon the hrst case
reported to Doctor Race was that of
Walter Bird who lives in the alley be
tween West Overland and bonora
streets and Santa Fe and Chihuahua
streets. As soon as the doctor could
arrange the matter Bird was sent to
the pest house and made as comfort
able as possible. Then there came the
report of two more cases Mexican
children. One resides ott 3rd street
between Stanton and Kansas and the
other on 7th between Oregon and
Utah.
The matter was much discussed on
the streets this morning and one of 1
Paso's leading citizens said to a Her
ald reporter ''I am going to see what
I can do towards getting up a citizen's
committee composed of about four men
who have had the disease and go to
every Mexican but in town acd see
exactly what 1b there. If " there are
any sick people in them report to the
health officer and let him lake
care of them. The way the thing is
goiDg now. we are liable to have a
good deal of trouble. The oity counoil
ought to do something in this line but
thev just sit back and suck their
thumbs; when it is too late they will
have to shoulder the blame for they
have been warmed time and again of
the need of such an investigation and
never a thing have they done."
We have new wall papers
TLU Paint & Glass Company. .
Tut
EA8T LA 8 VEQA8. N.
80CORRO N. M.
BROWNE 4 MANZANARESiCO.
HIIj lA.SO TEXAS. ' '
Wholesale
WOOL. HIDES AND PELTS.
Telephone 213. - Cor. Fifth and El Paso streets.
ALL LINES OF 1898;PACKED ;G00DS NOW ON SALE.
We sell to dealers only.
See the New Line oL
ELECTEIC AND .....
ORIENT OIL HEATERS
-AT-
THE TANNER-PENNEBA1R HARDWARE CO.
They have no eqnal for
Economy Heat. Beauty
VAN BLARC0M BLK.
inmiHmmmmmmmmmimmmmmmmtnmmmm
EXPANSION
HOYT & BASS
iUiiiiiiiaiiiiaiiiiiiiiiiiiiiiiiiKaauiiiiiiiiiiiiiiiiiiiiUiUiUiiss:
. The Latest Thing
In beautifiers is the La Marguerite
powder. Each box of powder contains
email box of the very neweBt thing
in rouge for the cheeks. It is perfec
tion. Try it. h"rlce ouo. at Aioers a
drug store.
Beer
Tankards & Steins a avr lot just re
ceived. Some very fine ov.6. Ill San
Antonio St. Geo. W. Hi; ox & Hix-
son the jewelers.
Thos. Ehrenberg now gives his whole
personal attention to all carriage
painting In his shops. The best work
always. Get his estimates. 320 El Paso
St. Phone 298.
Valley bran wheat choice clipped
oats Cerrillos coal wood and kindling;
building material of all kinds. Jl Paso
Fuel Co. Phone 110. 411 S. Santa Fe
St- r 1
New pictures that are just the thing
far a present at Tuttle's
Dlckereon for Furniture 410 San An
tonio St.
m
SATURDAY
NOV. 19.
Watch this space
for prices on - -
ion
P
OSENER'S
CUT-RATE
MILLINERY
109 Sheldon Block
Op. P. O.
Depository
-FOR-
Text Books
--ADOPTED BV THE-
State of Texas
A Complete Line of Tablets School
Supplies Etc.
M. H.
WEBB'S
DRUG STORE.
Open
Mrodnct
Sales
E8TABLI8HED 1868.
INCORPORATED 1886.
G
rocers.
OORNER ME8A AVENUE
and TEXA8 8TREET.
Yes we advocate it that's why we have
secured the large store room adjoining and
are daily opening out new goods such as
Chiffoniers Metal Beds Odd Dressers and
the greatest line of Japanese Rugs and
Art Squares. For Furniture of all kinds
ours ia the place to buy.
315 and 317
El Paso St.
R. R. Tickets
AT CUT RATES
Ticket Brokers Jewelers and
Money Loaners.
Mexican Money Bought and Sold.
Brack and O'Connor.
135 EL PASO BTEEKT.
If You
want to find a man and
don't see him on the
streets go to the . . .
Gem
Billiard
Rooms
The . . . .
Gentlemen's
Resort. .
El Paso Lime Works.
" A. COTTRCHESNE Prop.
1 CAPACITI OF 500 BUSBFLS FEB DAT.
MANUFACTURERS OF
Hydraulic White Lime
Correspondence Solicited.
ALL KINDS OF H0B8ES
Bought and sold on commission at Washing-
ton Park El Paso Texas. Matinee races on
Sundays. Horses trained for driving or rid-
ing; also worked for speed; good half-mile
track; plenty of good water and feed for an-
imals. S. L. Ucgbes Manager phone 260.
HUGHES'S HARNESS AND SADDLE SHOP
Carriage Trimming & Repairing a Spec-'
laity. 107 East Overland St.
PRIVATE BOARDING
With or Without Rooms.
107 Santa Fe Street.
MRS. A. WILLIAMS - Prop.
.AND
FOR NOVEMBER
Eclectic Book Store 303 San A ntonlo Street.
DKLLQUEST & AWLiKtws rrops.
J. GONZALEZ
Wholesale and Retail
Dealer in -
Liquors g Cigars
64 Commercial St.
OIUDAD JUAREZ
MEXICO.
Ladies.
We have just received from Berlin a
new line of Woolen Dress Goods and
suitings the novelties of the season
which we will sell cheap on account of
closing out the business. Come and
avail yourself of the opportunities. J.
Goodman Port of Liverpool store C.
Juarez. '
! J . C. Ross&Co. 5
Undertakers and fjmbalmers $
6 401 EL PASO ST. V
Krery requisite for Fanerals. Krsry- Y
A thing Satisfactory. W
A Office 'Phone 311. Residence 183. Q
fix
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Slater, H. D. El Paso Daily Herald. (El Paso, Tex.), Vol. 18, No. 260, Ed. 1 Wednesday, November 16, 1898, newspaper, November 16, 1898; El Paso, Texas. (https://texashistory.unt.edu/ark:/67531/metapth296958/m1/8/: accessed May 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .