The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1905-01-12

the court house Charles Brown waiv-
ed examination after pleading not
guilty and was bound over TO the
grand jury in the sum of $500 on the
charge of committing an assault up
on A. F. Catron with a heavy cane.
X. X. Scott acted as attorney for Mr..
Brown
A. F. Catron was arraigned and he
pleaded not guilty to the charge of
making an assault upon Brown with
a pistol and shooting with intent to
KILL Judge Gatewood represented Ca
tron and said he was ready for trial
Charles Brown was called as a wit
that on the previous day he was stan
ding In the door of his office talking
business with German, when
young man whom he termed Tall
madge booster" came up and butted
In. He stepped back into his Office
and got his heavy cane and again
stood in the door talking to the Ger
man. Mr.. Catron came up and taking
the German by the shoulder, said
Come with me. l want to see you"
Brown then struck Catron over the
head and ran into his office and was
looking out when the shot was fired.
The defense tried to show that Mr..
Brown had ben interfering with the
business of the Tallmadges. had be-
fore had trouble with some of their
men, and had done things that were
considered non-professional by real
estate men, but the court refused TO
allow them to go any farther into
this
B. F. Daniels testified that he saw
a man come out of Browns office
and turn and shoot towards the door
just as the door. was slammed shut.
He did not see Brown.
The testimony of A. L. Millice. who
saw the affair from a window in the
office of Turner & Malone's, was the
same as that of Mr. Daniels.
J. H. Charless was called, but he
had seen nothing but the hole where
the bullet went through the wall
Harlod Fletcher of Denver was
called for the defense, and testified
that he was standing on the curb
just west of Browns office when
Catron came up where Brown and
the German were talking about the
middle of the sidewalk and in front
of Browns office, and said to the
German to come along that he wanted
to see him. He said that Brown then
struck Catron over the head with his
cane and struck at him a second and
third time. but did not hit him. Mr..
Brown ran into his office just as the
shot was fired.
Dr. ]. w. Kinsinger testified to hav
ing dressed the wound ON Catron's
head, which was one and one-half
inches in length. He said that a blow
that would produce such wound
would stun a man.
Harold Hurd testified that he was
standing on the opposite side of the
street, and saw Catron staggering.
and his hat was on the sidewalk. and
he was calling stop it. stop it,
while Brown was backing into his of
flee. He saw Catron pull the pistol
and fire into the office.
John II. McKinstry was called. but
was not permitted TO testify.
Judge Gatewood made short ar
gument. claiming that Catron had
shot in self-defense and that he was
justified in the shooting
Mr.. Hervey for the Territory and
Justice Peacock could not see it that
way, so Mr.. Catron was bound over
to await the action of the grand jury
which meets the third Monday IN
April. His bond was fixed at $500.
Mr.. Catron pleaded guilty to the
charge OF carrying pistol and was
fined one hundred dollars.