The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-06-06
THE DEFENSE BEGINS.
Statement of What it is Expected to
Prove in Hendricks Case.


for the defense in the Hendricks case
yesterday. Attorney Beall made
statement to the jury as to what the
defense expected to prove. The state
ment in part was as follows:
Statement of the Case.
Gentlemen of the Jury: Before
Introducing the testimony on behalf
of the defendant, it becomes our du-
ty under the law to make a state
ment of the case 1 will, therefore.
undertake to put to you the facts and
circumstances which we expect to
show in the testimony Now, gentle
men, we expect to show that for the
last several days prior to the hom1-
eide. the defendant, Nath Hendricks,
had been absent in Texas, and re-
turned TO Roswell at about seven
O'Clock in the afternoon before the
might of the killing. Upon returning
.s+sto Roswell he ascertained that Oliver
Hendricks mis- brother. and John Will
son were in town; that haying gone
to Texas under the employ of Mr.
Fitzgerald resident of Roswell he
shortly after coming into town went
down to Mr.. Fitzgeralds to render
to him an account of his time, and of
those who accompanied him the
trip, preparatory to settlement
Then at this time he had two lead
horses and one which ne rode. Leav-
ing the two lead horses at Mr. FitZ-
gerald's, he returned to town to hunt
his brother and Johnny Wilson
After spending some time in
searching for them he was informed
that they were at the Mulkey meet
ing at the Methodist church. He
awaited the closing of this meeting,
and Mr.. Staffinger seeing some of
the parties returning from the meet
ing called his attention to the fact
that the meeting had broken, and
that as the boys had not returned it
was quite likely that they had gone
to a dance at the place wnere the
homicide afterwards occurred.
THAT the defendant shortly there
after got on his horse, intending to
go to the Wilson ranch seven or
eight miles west of town, and started
down to Mr. Fitzgerald's to get his
horses, but not having seen his bro
ther yet, changed his course and
went to the dance, desiring to have
the company and aid of his brother
in going to said ranch, needing as
sistance with his lead horses. But
when he arrived at the dance he met
Will Rainbolt standing at the gate
Iin front of the house, shook hands
and said 'howdy,' and asked whether
he knew where Oliver, his brother.
was. and Johnny Wilson Will Rain
bolt told him he had not seen them,
and the defendant then went into the
house, found Johnny Wilson, talked
with him few moments, wnen Oil
yer came up and Joined the conversa-
ton, and defendant requested them
TO return with him to the ranch. Oh
iver desiring to remain at the dance
for awhile, defendant awaited his
pleasure and the door being crowd
ed, and a waltz in progress, defendant
went to the south window to get a
view of the dance At this place he
met Eddy Rose. talked with MIN,
and they two returned to the front
of the house and on the outside of the
yard by defendants horse, and were
engaged in conversation at that
place when the pistol was taken
from Oliver Hendricks.
"A set having broken. a numbeI
of persons came out of the house
and gathered about the front door
Defendant paid no attention to what
was being said or done at that place
at that particular time, but was in 9
very short time informed by Johnny
Wilson that Will Rainbolt had taken
a pistol from Oliver and came neal
Will Rainbolt and Oliver approach
ed the defendant where he was stand
ing outside of the gate. and Oliver
remarked to him that he wanted tic
make bond for carrying six-shooter
or words to that effect. Defendant
offered to put up his horses, or tt
get the money to the amount of
six-shooter fine and put it up witt
Mr. RainboIt if he would not put hi.
brother in Jail and turn him loos'
till morning. His offer to do this wal
abruptly refused by Rainbolt, wht
was at the time cursing and abnsins
Oliver Hendricks, asserting his de
termination to put him in jail Defen
dant then turned to his horse, sayin,
to Rainbolt that he would get tn,
money and be prepared to pay hi,
1OliVer's) fine the next morning 4