Durango semi-weekly herald., 1904-02-22
HIGGiSON'S PRELIMINARY
TRIAL is NOW ON

The preliminary trial of W II. Hig-
gison, charged with the murder oil
Richard Neville, was commenced this
afternoon shortly after 2 O'Clock be-
fore Justice Houx.
Higgison's counsel is Richard OK
ford OF Mancos, while the prosecution
is conducted by District Attorney
Pulliam, assisted by Geo N. Lane.
The room was filed with spectators.
besides several Witnesses IRON La
Plata City Mrs Neville, the wife OF
the uecelseI man, was present ac-
companied by her mother. Mrs. New
lie is young, good looking woman
and was attired in black and wore a
thin short black veil. Her features
showed unmistakable appearances OF
distress, although she was very quiel
and unmoved wniie the details OF the
tragedy were being told.
Coroner Hood was the first witness
called. He repeated his story sub
stantially as it has already been print
ed-related how he had been called
in his official capacity; had found New
HE lying on his back on the floor in
higgison's kitchen, a wound larger
around than dollar had cut through
his necktie and entered the breast,
without coming out at the back; an
other discharge had entered the neck
just below the lett ear. making large
hole, and small wound on the op-
poste side showed where part OF the
shot had come out. He was satistieu
they We're wounds from shotgun be-
cause no pistol would have made such
large holes He also found large
pistol lying on Neville's coat tail
Hggison had frankly admitted to him
that he had fired the shots, claiming
Neville had tried a number of times
during the night to get in; that New
lille had been TO his house at 10 o.
clock the previous night to get Mrs
Neville TO sign some papers; when
she refused he lett. saying he would
kill me whole family; that he (Higgi-
SOM fell asleep about O'Clock in the
morning and was aroused by his wife,
saying someone was trying to get in;
that about O'Clock in the morning
Higgison saw someone pass the win
back Goor, Higgison claimed he saw
something in his hand and thinking it
WAS Il pistol, he fired.
air. Beason another witness testi-
fed to seeing Neville try the front
door, and failing to get in went around
to the back, saying as he went: Il
wonder ii the - are ever
going to get up"
Immediately after this the two shots
were heard and in about two minutes
Mr.. Beason entered and found Neville
dead. He did not see the pistol al
that time. He did not make an ex
animation. however, only taking a
glance.
A light snow had fallen during the
night. ana Beason said he and others
had tracked Neville around the house
and the long distance between tracks
made 1t look as though he ran.
1t is not likely the case will be
finished today.
w. II. Higgison was held for the
March term of District court, without
bail. Three witnesses testified that
when they first entered Higgisons
house they did not see a pistol lying
by Neville. but upon re-entering they
did see one. The case was not a
bailabie one and the prisoner was
committed to Jail Mr.. Higgison s
witnesses were not called upon to tes-
tlfy.
S. A. Bowdish, who runs saloon,
testified that Neville had been in his
place the night before the tragedy,
playing poker and drinking He lost
at gambling and was cross as a result.
and drank so much that Bowdlsh re-
nonstrated with him. advising him to
drink no more, saying he might get
4 into trouble. Neville replied that he
was ready for trouble. He noticed
that Neville carried pistol.
Mrs. Neville's testimony was to the
effect that Neville had abused his
wife and herself while in the restaur-
ant the evening before.
An application was made by Hig.
gison's attorney. Dick Oxford. 10
Judge Russell this afternoon for a
writ OF habeas corpus, by which he
hopes to have the prisoner admitted
to trial or entirely released