Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1893-08-01

July 9rd was commenced before Justice
Givens hero last Saturday morning. ia.
Ancheta, district attorney, conducted
the case for the Territory and John ].
Bell and @. ID. Bantz we're the attorneys
for the defendant. Harry Bennett took
the evidence in shorthand as It was
given.
Mrs. Burleson was the first witness
examined and her testimony was given
with very little hesitation OF apparent
design 10 conceal the facts.
It appears that Burleson had been out
on a round up and had returned home
but a very short time before the killing.
When Hall rode up TO the gate Burleson
was sitting in a chair with his back TO
the wall and neal the door. He wal in
such a position that he could not see
Hall when he rode up.
When Hall rode up 10 the gate he ad-
dressed Mrs. Newberry saying: GOOD
evening, Mrs. Newberry." Mrs. Burle-
son did not remember what was said
after that until Hall called Burleson and
told him that on Monday week that
would be his land and he wanted Burle-
son TO get of. Burleson replied that
whom Hall satisfied him that the land
was his he would get of. Burleson told
Hall not 10 ride up to the gate any more
and Hall started to ride away. he did
not dismount at all and it was not until
after Hall had started to ride away that
Burleson started TO got his gun which
was standing near the chair in which he
had been sitting and which he could
reach easily from the door where he was
then standing. The two men INDUCED
IN very rough language and it was some
little time after Burleson reached in
and got his gun before the shooting COM
menced. After Burleson had started
out Of the house his daughter, Mrs.
Hall, remarked, speaking Of Tom Hall
Jr., "See the coward run" She went to
the bed and got another gun and said
that she wished her father had that gun
as the n he had missed fire sometimes.
She then went out Of the house with the
gun. Mrs. Burleson then became SO ex-
cited that she did not remember exactly
what happend after that.
Mrs. Hall, Burleson's daughter, testi-
fed TO substantially the same things as
Mrs. Burleson, except that she SAID
Burleson was standing in the door when
Hall rode up. She stated that there
we're four shots fired and that Hall fred
the first one but that Burleson fred i'm
mediately after. She stated that Hall
fired three shots aud Burleson fred one.
Burleson was behind some rocks 40 or
80 yards from the house when he was
killed. After the killing she said that
Hall came toward the house and told
them not TO touch the body until he
could get help.
Newberry and Hall testified that Bur
Lesson fred the first shot but other parts
of their testimony was substantially the
same as the other witnesses. Burleson
was hit in the forehead but Hall thinks
the ball from his gun struck on a rock
and glanced or it would not have hit
Burleson at all. Hall had a narrow es-
cape, a bullet from Burleson's gun pass
ing through the rim of his hat about an
inch from his head. The bullet struck
a limb which circumstance probably
saved Halls life.
There was some difference Of opinion
as to the distance Burleson went after
having got his gun before he was killed
but all agreed that Hall made no move
10 get his gun until after Burleson had
followed him some distance. After the
killing Hall came in and gave himself
up. The evidence in the case was con-
cluded Saturday evening when Justice
Owens released the prisoner. He sum-
med up the case as follows:
GENTLENEN.-I view the case in this
way; That we have no evidence that
Mr.. Thomas Hall over attempted to draw
a gun, or ever said a word indicating
that the defendant went to the house
for any disturbance, no more than TO no
tify the party, to which he t~estiiies to,
to leave the premises. We did have
evidence that there was some pretty
rough language used between the two
men, and that Mr. Burleson got his gun
to order Mr.. Hall TO leave, and while he
was leaving, Mr. Burleson, being armed,
ordered Mr.. Hall to go faster, and from
the time he had departed from the house
until the shooting occurred, we have no
evidence TO show that Mr.. Hall attempt
ed TO draw a gun until the shooting
commenced by Mr.. Burleson, as Mr..
Newberry testified came from Mr.. Bur
Lesson or Mr.. Hall, TO the best Of his
Judgment from the sounds.
1t has not been shown that Mr.. New.
berry has been mixed up in this trouble
In any way, and he ought TO be an unbi-
ased witness. All the witnesses who
saw the occurrence testified that Mr..
Burleson kept on ordering him 10 60 on
faster while Mr.. Hall was trying to leave
the premises. It looks TO the court that
IL Mr.. Burleson did not want to kill Mr..
Hall, he had a very reckless way Of hold
ing his gun and ordering people to run
away from him; and a reasonable man,
being placed In the position Mr.. Hall
was, from the evidence, necessarily
would think that his life was in ieop-
ardy.
Therefore, we think that a jury, under
the circumstances and the evidence,
could not convict the defendant, and
the nature Of the case, the way it is
shaped before this court, looks to the
court like the defendant did the killing
to defend himself. Therefore, we order
the discharge Of the defendant.
The second quartely statement Of the
treasurer Of this County is printed in this
issue. This is what the Headlight was
anxiona 20 zee Last weak.