El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-11-23
BOTH SIDES
RESTCASE
Continued from First Page)

II saw Mr.. Hill hit Mr.. Pitt in the
face with some rope. Mr.. Hill got the
rope of the counter and hit Mr. P1tt
in the face with il. Mr.. Pitt was stand
ing in the front door and fell down
after he had knocked Pitt down
Pitt shot him right there. Laying
his hand on his throat
Judge Hammer conducted the cross
examination. He knows how to talk
to a child and apparently gained the
confidence of little Clinton but failed
to make him swerve from any or his
original statements. Failing to trip
him in that way the Keen witted law
yer took another tack.
Now. Clinton" he said with his
most engaging smile. have you got
any little sisters at homer"
Yes. sir; I've got two"
Didn't you talk to them about this
..ght'
The boy shook his head. lone of
baby
Didn't you talk to mamma and
papa"
mo. sir
Didn't you talk to that man over
there?" pointing to Judge Cunning
ham, counsel for defense
Yes. sir: / talked to him."
"Ah. ha," the lawyer had hit it at
last. He was about to expose the
whole thing. -
What did he tel you?"
He told me to say my prayers to
mama and to say them to God"
Judge Hammers countenance fell
with a dull. sickening thud.
The witness next was directed to
pick up the coil of rope and show how
Hill had struck Pitt. He complied.
II being o'clock court took a re-
cess until morning.
Morning Session
When court opened this morning
Robert Quarles the man employed by
Pitt to bore the we'll. testified that
when he began work Mrs. Hill came
to him and warned him to stop as she
said the boys were pretty mad and
there might be trouble
Hill afterwards told witness to stop
digging the we'll as there was a dis
pute about the title of the land. Wit
ness replied he would quit If paid for
his work. He went to Hills house
and found Burchfield there with a
Winchester across his lap. They told
witness to tell Pitt that they didn't
intend to have that well dug. al
though they did not want to have any
trouble with witness.
Cross examined by Judge Hammer,
witness said he had reported to Pitt
and told him he ought to get out a
writ of habeas corpus or injunction.
Pitt went up there with me to see
about it. We went to the house and
Pitt agreed to take the machinery
away and stop boring the well. Burch-
field had agreed to pay me for my
full time.
THE next morning Pitt took his gun
and went back to dig the well. He
said he had changed his mind
Witness never had told Pitt that
either Burchfield or Hill had threat
eped to take his life or do him bodily
harm. But he did tell him that Burch-
field said if the well digging continued
the lead was going to fly.
WITNESS afterwards admitted that
he had not delivered this message
to Pitt.l
JEFF Cowdon.
JEFF Cowdon was the next witness
called. Witness now resides on the
line of New Mexico and Texas. He
knew the defendant at the bar and
Burchfield and knew Hill.
Witness had a conversation with
Burchfield. He asked Burchfield when
he was going to move that fence. He
said he wasn't going to move il and
would kill any - that fool
ed with it. He said he had been lay
ing in the sand hills about thirty days
to kill Pitt and another man and If
he killed them and hung for it they
couldn't beat him out of but a few
years.
Cross examined. witness said he had
been indicted for cattle theft when he
was twenty-one years of age. but at
ter the first trial the case was thrown
out of court.
Tom Gam.
Tom Gam of Odessa. testified that
he knew all the parties. In June last.
Burchfield told him in Hills presence
that Pitt couldn't have the land on
which he attempted to sink the we'll.
Burchfield said he would kill him be-
fore he should have il and Hill said
he would stay with Burchfield in any
thing he might do. Witness had re-
peated the conversation to several
parties. After the shooting Burchfield
had told witness that il they ever
turned Pitt loose he would kill him.
as he had intended to kill him anyway.
Cross examined. Have you ever been
indicted?'
Yes. once for horse theft"
Stand aside''
William Gam.
William Gam. of Ward county.
knew all the parties. He had a con-
versation with Hill in July last. Hill
then sent word to Pitt that if he didn I
get on some land out there he would
shoot him of. In July he was told
by Tom Gam that Burchfield had said
that II Pitt didn't leave the strip of
land he would kill him.
Cross examine by Judge Hammer.
witness said he could not remember
who was present when Hill had the
CON yarsafion with him Ii was throo