Tombstone prospector., 1899-12-20

Dan Burges Geo Storms
 c s Crockett Frank Meysf District Attorney Land and NJ. !. smith appear for the prosecution, while A. R. Engli,h and Chss. Bo~- man are acting for the defense. With eminent counsel on either side the legal points aad rules of law are stub. bornly guarded and contested and the test applied to every question, either 10 ths direct or cross examination, which savors of any departure from the stric. adheraRcs or conformity to the legal procedure.
 The testimony of tine witnesses for tine prosecution is very damaging. Oi the several eye witnesses standing from 35 to 50 feet away. all agree | tha. R obert5on had both hands up or in view while falling from the bench l, d1Iing the d,sdly fire from Pages oistol. Neither did any Of the wit nesses who wen. to the body of de- ceased notice any other pistol than that of Pags's.
 John Smith, first witness for the ] prosecution; was about 35 feet away and saw Page fire all five shots at deceased did not see any pistol in Rober,scn,s hands; explained posi- ton; Robertson tried to clutch at post with right hand while falling: Page fired las. sho. while Robertson was on ground. Cross sexamInation- Saw Coresl and unknown on bench with Robertson at time Of shooting, later the two walked oil together with Page.
 Harvey Clifford saw last three shots; Page stepped forward at fast shot and fired at Robertson; after last sho: Page examined hi. own pis. tol and walked of With Coresl and Burt-, Burts having ons gun iu hand; did not see any pistol with Rober,fop. Cress exanination-saz 7 Burts and Coresl on bench; Robertson was standing on rorch before falling over.
 Cha, Krider, was h Restaurant, heard loud talking and came to door. Heard Robertson say to Page II don't give Q d n a5ou. ths bili. but the borrowed money" Saw Page with pistol aod fire two shots. whereupon witness SeturnsI inside restaurant. At first shots Robertson m otionsi left hand as il t, ward of consulting; i; did not see Robertson have any pistol. Crcss exsmin ination-Robsrtson talked i angrylike in saying sbovs remark; Robertson standing on porch Page citing on bench, Robertson stepped forward to sit on bench when Page go. up s1d began shooting. No one e!ss was on the bench.
 The following other with esses were examined for the prosecution "A. Gilsrd, John P,d~ell, W. H. L.n,z Geo McCarty, Geo Vandsrmsn, Ca ,s Wild ard Al S,snig.r. several of whom were eyewitnessss to some Of tho shooting, and all testiiying they nos,csd no gun about Robertson either during shooting or after. About 3 o'clock the prosecution rested their case.
 The first witness for the defense wac the prisoner himself. h efsct stated Mir Bastsr had on two ecess- ions warned Page that Robertson "h sd it in for him" and would kill him, |, (Pags) at fret opDorIunitr. At imme ediate time Of shooting Page was sitting CD bench in front of Robert sons business place, Robertson walked in front and begsn abuse because of . debt he (PAge) owed him, alec spoke oi borrowed money; kobsrtson mad and called Page - -; Page answered saying don't call me that; ~hereupon Robertson said T mean it and dare you to take it up;" with which Robertson pulled his pistol and fired fret shot; shot abon: came time; shot 4 she,s; whom Rcbertson fell over I reached for bic pistol on ground and put it on bench Burts came up sud tsok pistol; I also handed my pistol to Burts and istss Burts handed both pistols Co Con- stable Grover. Witness is still ga stand ss va % to l pes. 4 night session will be he'd.