El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-11-23

| L leIC Cnere 4 was Willie
for the we'll to be sunk.
Il went to Midland and consulted
lawyer When / got back I told
Quarles to go ahead and sink the well
His machinery was at Hills house and
he moved it over across the line. Sun
day he came and told me that he had
been run off. l went to the spot and
sent for Burchfield to come out and
talk the matter over. He refused to
come Then | sent him word that /
would sign any kind of paper not to
bother their land if they wouldn't
bother mine. He refused to make any
sort of compromise and sent word that
if we tried to dig that we'll again the
lead would fly.
Quarles persuaded me to quit the
well on condition that Burchfield
would pay for the work already done.
I went home and just after sun up 1
went back to the well with my team
and rifle. Just as l got to the fence
Burchfield jumped up from behind
bush with a Winchester in his hand
and worked it very suspiciously-
The Killing Described.
We tore down the machine and
left. That was on Monday. On Sat
urday l came to town.
Several days before that Bill Gaun
told me that Hill and Burchfield had
threatened my life.
"On Saturday l went to town after
some salt and took Winchester and
six-shooter with me. l took the weap-
on'S for my own protection because
these men had made threats.
Il drove up in front of the gate and
started to the postoffice. / sam Burch-
field and Hill inside and went back
to the wagon and got my gun and pis-
tol for l was afraid to go unarmed.
Il walked up to the door and throw
ed down on Burchfield. 1 was afraid.
He had made no demonstrations. He
said hold up. Then l saw Hill reach
back and mkae a demonstration as
if he was about to pull a gun and
turned my rifle and shot at him. He
hit me with a coil of rope and knock
ed me down. While l was in stoop-
ing posture and he was over me 1 pull
ed my six-shooter and shot him. He
turned round and said something about
getting a gun and ran. / shot at him
once or twice. AS he was getting
through the wire fence | shot him
through the temple and killed him.
Il was very badly scared when
went in the postoffice and regarded
Burchfield as dangerous man. My
intention when | went to the door was
Ii
on him because 1 was afraid. 1 shot
Hill because he made a demonstra-
ton. / did not shoot Burchfield in
tentionally. l was shooting at Hill. 1
do not know how many shots were
fired inside. l fired three times out
side.
II followed Hill up and shot him af-
ter he ran because 1 was afraid he
was going after a gun. That was the
remark he made.
Il went in the saloon and did not
say was sorry / had not finished
my job: that statement by Rheinhart
was a falsehood.
Il went to the postoffice and had
Mr.. Wren phone to Barstow to the
sheriff that l would be up on the
train. l gave myself up to the sher-
iff.
Just before l went to Barstow
had my wife bring me thousand dol
lars. My intention was to get away if
1 could not get bond. l could have
done it easy. After the habeas corpus
case we decided to fight it out in
court and l gave up the idea of getting
away.
Il had the money tied to my leg to
conceal it from the other prisoners
| gave it to the jailer. When 1 was
brought to Ell faso 1 had two certi-
fled checks of $1,000 each, which 1 got
my lawyer to deposit at the Lowdon
National bank"
1t being IL O'Clock court took a re-
cess until =.
Cross Examination.
The cross examination was exceed
ingly brief At 2 o'clock the defen-
dant took the stand and stated that he
had a wife and seven children.
Judge Hammer conducted the cross
examination.
Would you tell a falsehood to save
your neck?"
Il woulod not
Didn't you ask Elias Brown when
you got back to the wagon if you had
killed Burchfield. and when he said no
ter?''
Il do not remember
How many shots had you fired when
you were struck in the face with the
rope?"
One"
THAT is all"
The defense announced that it would
rest.
Elias Dawson.
Elias Dawson was called by the
state. He said: After the killing
saw Sid Pitt at the wagon, Is or 20
steps from the postoffice. The defend
ant said L wonder if 1 have killed the
old - -, he is the man
wanted Some time later he told me
he was sorry he had killed HILL
Cross examined, witness stuck to his
original statement as to what Hill had
said.
witnes sdid not hear defendant say
in the lnnD that he WAS Snrrv no ha n