Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1902-04-21
The WILbURN MURDER
CASE AT CARLSBAD
It Resulted in the AcquttaI Of the Three De-
PENDANTS, Eli Foster, Elder Miller and
Luther Foster Last Friday
Evening.
COURT At CARLSBAD HAS ADJOURNED
AND WILL MEET At LINCOLN NEXT WEEK

Special Correspondence New Mexican.
Carlsbad, April IS, 19O2.--In the dis
trict court for Eddy county, the case Of
The Territory VS.. Eli Foster, Elder
Miller and Luther Foster, for murder
was submitted to the jury yesterday
afternoon. Both prosecution and de-
fense made able arguments. The jury
under the direction of the court render
ed verdict of not guilty as to Luther
Foster The evidence showed that two
OF the defendants had called one of
Inc Nilotttn boys 10 uiie side on the
morning of the homicide and asked him
whether he had made certain state
ment. This happened In front of
church. A dispute followed and the lie
was passed, but the incident closed for
the time. That evening the defendants
and some of their friends and relatives
and the Wilburn boys met at church.
After church the party, on their horses,
went to the forks of the road leading to
the Wilburn and Miller ranches res
pectively, 600 yards from the church.
Here the party dismounted and the dis
cussion of the morning was resumed.
The lie was again passed and the Will
burn boys, or several of them, rushed
at Elder Miller, and Ross Miller ran
between them. Elder Miller ran around
Ross Miller, and the defendant, Elder
Miller, testified that he was shot at by
Church Wilburn, and he in return shot
at Wilburn The other defendants tes
tify that about the same time that
mesquite bush to the west and towards
the creek began firing at them and
that all the shooting that was done by
the party was towards the man near
the creek. The body of Church Will
burn had two bullet holes. One enter
ing the left side under the arm. the
bullet having left the body above the
hip on the right side; and the other en-
tering the body after passing through
the right arm twice. The general trend
of the testimony of the Wilburns was
to the effect that when the lie was
passed, the members of the defendants
party began shooting, that Church Will
burn was killed by these shot, and
that the crowd had separated before
the man behind the bush began shoot
ing, after which both crowds scattered.
At the preliminary hearing much ties"
timony was taken to determine who
had been the man behind the bush. The
father of the Wilburn boys was the
man who did the shooting from behind
the bush according to his own testi-
mony Much circumstantial evidence
was introduced. In the evening the
Jury returned verdict of not guilty as
to both the other defendants, Eli Fos-
ter and Elder Miller.
The district court adjourned sine die
this morning after an hour spent on
motions in civil matters. District At
torney George w. Prichard left on this
mornings train for Lincoln going via
Roswell, and after spending day or
two there he will go on to White Oaks,
and from there to Lincoln where he will
arrive on April 25. Judge, and Mrs.
Mcmillan will leave on Tuesday even
ing for El Paso, from where Judge Nc
MILAN will leave on Tuesday evening
for Santa Fe to attend the adjourned
meeting of the territorial supreme
court. Earl e. Sidebottom will leave
Carlsbad for Roswell on Sunday MORN
ing, where he will spend few days be-
fore going to Lincoln.
District court convenes at Lincoln on
April 2S, There are already "a criminal
cases on the docket and many new
cases will doubtlessly be added by the
coming grand jury.
The Carlsbad Current today finished
the setting up of a new Cottrell and
Babcock cylinder press The power for
the press is furnished by a Weber
Junior gasoline engine.
Sheriff M. G. Stewart will leave
Carlsbad in few days with one appli-
cant for quarters at the penitentiary.