Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1908-11-18
SAYS DEAD P0RItR
HAD ATTACKED HIM
Defendant in Murder Case Takes
Stand and Testiiies I'm Own
Behalf.

Carlos Cecil Aver, the operator
who shot and mortally wounded Will
liam Henry Harrison. a Santa Fe por-
ter, at Isleta, July IA. 1905. took the
witness stanu ia mis- own defense this
al.S. noc:-. and sWore that Harrison
had knocked him down and was
standing above him in an attitude of
Lifting his foot as II to kick. when he
hred the fatal shot. This IS the evil
dence upon which the attorneys for
Ayr hope to clear .aeir cfien..
The case was ca led yesterday and
the territory had finished before noon
today. Among the witnesses for the
prosecution was negro, also Har-
rison oy nSine, Also Il sfHin yofsc.,
who testifieu that the evehing previ-
Gus to the killing, he had talked with
Aver about the man killed. He said
that Aver, who was station agent at
Isleta, asked who the man was that
ran on tran No. I, meaning William
Henry Harrison. The witness said
that he told Aver who Harrison was
and that Aver answered tnat Harri-
son was fresh and he was going to
fix him. Aver denied having any
such conversation with the witness
when he himself was put on the
stand. ~ ed
He said that he had gone into a
car on the train to get some water
and was leaving the car with the
water, when Harrison struck him in
the face. He fell to the ground. Al
this point Attorney Dobson, leAdint
counsel for the defense. led the wit
ness carefully over what took place
Immediately after Harrison struck
him the motive being to show, II
possible, that Aver was lying fat on
his back on the ground, when he
shot Harrison, who was presumed to
be standing on the second step OF the
car In the act of kicking Aver In the
face.
Ayers testimony was to the effect
that he was knocked OF the car an,
fell on his back. while Harrison
stood on the step looking down at
him. He drew his pistol from his
right hand trousers pocket and fired.
He then got up and walked through
the station house to the opposite side.
where he remained until after the
excite ment was over. Aver then re-
turned to his work and as operator
received over the wire a message or
dering his arrest. lie gave the mes
sage 10 Chas. Mainz, special officer for
the Santa Fe, and the latter told him
to go to Albuquerque the next morn
ing and give himself up to the au-
thorities.
At o'clock Aver was turned over
to the prosecution for cross examina-
tion. but was relieved for few min
utes TO admit DIR. p. G. Cornish, who
gave expert testimony as to the cause
Of Harrs sons death.
DR.. Cornish said that the bullet en-
tered the right leg above the knee
passed upward under the skin to the
groin where II came out, and then
passed in again. few inches above
the groin, 1t detected on a sinew or
muscle and entered the abdomen.
puncturing the intestlnes. Harrison
was shot in the evening and brought
TO albuquerque and taken TO the hos
p tai where he lived until the fol-
lowing day death resulting from the
internal injuries and the force OF the
shock.
Attorney T. B. Cstron conducted
the examination OF nr. Cornish. and
assisted Attorney Dobson in the ex-
am nation OF Aver. Mr.. D1bson is
also assisted by Attorney Madison.
At o'clock II seemed possible that
the case would be gwen to the jury
before the close OF the day.