El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-11-24
ARGUMENT
PROCEEDS
Pitts Attorneys Contend Wig
orously For Verdict OF
Manslaughter.
The IDEA SECUTED
By the State That the Killing
Could Possibly Have Been
Done In Self
Defense.

The Pitt trial continues to be the abb
sorbing topic of conversation in El
Paso and when the attorneys began
making their arguments yesterday af-
ternoon the court room was crowded.
At O'Clock Hon. John NJ. Dean. the
district attorney. opened for the state
in a speech that lasted two hours. Four
others will speak in the order as pub
lisheo in yesterdays Herald.
Great interest is being manifested in
the speech of Judge Hammer. which
comes last and the Herald's court re-
porter has received several requests
to notify various persons by phone as
soon as Judge Hammer begins. Owing
to the anxiety felt by the attorneys to
finish the trial by tonight only five of
the lawyers connected with the case
are down for speeches. two for the state
and three for the defense John l..
Dyer. will not speak. neither will Chas
Il. Patterson. w. w. Bridgers. G. E.
Wallace or Peyton J. Edwards for the
defense
Because IL is 4 murder trial the at
torneys are not limited as to time and
are permitted to talk just as long as
they feel so inclined.
In his argument yesterday afternoon
Mr.. Dean carefully explained to the
jury just what constituted murder in
the first degree; then he went into de-
tail and recalled the evidence to show.
II possible. that the defendant had kill
ed Hill with malice and aforethought
He cited the fact that no one had ev-
en- heard Hill make any threats. Such
as were made came from Burchfield.
In Offering resistance to Pitt the
speaker said that Hill had merely ex-
erted his God given right of self de-
fense and no man could excuse murder
because the victim had attempted to
defend himself when assaulted.
AS for himself. Attorney Dean failed
to- understand how the prisoners at
torneys hoped to gain anything by ex-
planning that Hill was killed because
he had attempted to repel his assailant.
At O'Clock the court took a recess
until this morning.
At 9 O'Clock this morning defendants
counsel Judge Cunningham commenc-
ed to speak and still had the floor at
noon.
His address was at first principally
directed to bringing out certain points
of law applicable to the case and he
frequently read from the authorities.
The crowd. when court opened. was
not SO large but residents of the out
lying counties continued arriving for
an hour OF more.
The prisoners wife and children
him. as on yesterday. and
wife. son and step father.
A. ii. Burchfield sat near the rail-. as
before.
The position of the sherifY's men in
the court room early this morning was
as follows:
Ed Bryant took a seat to the rear of
the crowd near the door leading to the
body; Deputy Comstock sat just be-
hind the prisoner and between him
and the swinging door that opens into |
the hall; Deputy Bridgers sat over be-
side the clerks desk. facing the pris- |
oner; Deputy Garcia came in and stood |
near Comstock and police officer
Dwyer sat in the audience. Sheriff ]
Boone didn't show up until a quarter |
of ten and then he went directly into
The grand jury room.
BEGINNING his sDeerh Judpe Cun
bingham said:
I'VE will ask your honor to charge |
he jury as to the Law applicable man |
slaughter and self defense
After speaking only a few words |
counsel asked permission to read a de- |
.ision on a case similar to the one at |
he bar. The jury was removed and |
the lawyer read from a law book
Before the jury was recalled Judge |
Gage also read some law and argued l
o the court that the defendant was !