Los Angeles herald., 1909-08-12
BURRIS HELD TO
SUPERIOR COURT
SLAYER OF IRVING J. HOBART I
ADMITTED TO BAIL
WOMAN SAYS SHE SAW HAMMER
uPRAlSED
Testimony at Arragnment same aS
That Given at coroner's Inquest
Dead Mans Parents
Attend Trial
Especial to The IIerald.l

pASADENA. Aug. 1L-Clinton Bur
rio accused of the killing of Irving u
Hobart in Lamanda Park SATURDAY
was this afternoon held to the superior
court for trial. In regard for ms III
Armities. which include asthma acute
bronchitis and a hardening OF the aPeN
of both lungs, and the probable Dau
oeeeo+ of confinement in the county Jan
preliminary to a trial OF lne ~
Judge Mcdonald, with lle W S9il+,.iot
percv Hammond, the assistant uisll - ~
ttorrev admitted him to pail MS
bond being fixed at SSOOO' 49,, ,.o
Bnrris was disappointed at the re-
suit of the trial, as was eNlueHCeu ~
bis face when Judge McDonalu gu
o,,,ced his decision. His lips quiN-
nred tears filed his eyes, and Tor d
moment he seemed on the verge @ Vi q
complete collapse. His twisted nliset' 5i,
and trembling hands gave Quiet
dence of his emotion. -
90. &c tho evidence was concerned,
+bere was little outside of that miro
duced at the inquest held sunday MISS
Tva Havman and Mrs. A. HaHner are
the only two who saw the delalIs u
tbe ouarreI. and they differ as TO the
ex+ent of the danger which threatened
Rurris. Mrs. Haffner Is positive no, no
bart lust before the shot was Iired
raised his right hand as thougn 10
strike a blow with the hammer ne neiu;
She did not see hammer IN Dul a - -,
hand nor did she see but the one III
the hand of Hobart. Her companion
Miss Haynan. does not remember see
ing anv weapon in Hobart's hand Botn
women heard Hobart order Burrls OH
his premises in angry tones. Mrs
Haffner. questioned directly by Judge
Mcdonald, said that while Hopart 5
attitude was threatening, and BurIis
that of a man on the defensive, she dld
not see a blow struck during the time
the men were in her sight.
Testifles Through Interpreter
Mrs. Petra Quijada saw nothing of
the fight but the finish, and SAID so
after a long siege with spanish IN
terpreter. G. w. Hobart, father OF the
man killed, was called to the stand TO
identify himself as Irving Hobart
father and to state that to his positive
knowledge his son was dead as the
result of a gunshot wound. Two other
witnesses, w. A. Raftery and man
named Seay, told of seeing the dead
body, and Raftery added that he was
instructed to call for help by Mr.. Bur
ris, who was standing by the body of
his victim.
Both sides called DR.. A. D. S. Nc
Coy to the stand, the prosecution to
to- f the wound whcih brought death
and the defense to tell of an eXamina-
ton of the prisoner which he made,
and which showed two fresh bruises on
his shoulder, from one of which blood
had stained his undershirt and shirt.
Attorney Harold Simpson of the pris-
oners counsel. pleaded briefly for an
Immediate acquittal on the grounds
that Burris acted only in self-defense
AID because of the contrast between
his physical condition and that of his
assailant, was justified in using his
pistol. After some little discussion be-
tween the court and counsel Judge
Mcdonald announced he would hold the
prisoner for trial in the superior court
on the murder charge, but that under
the circumstances he would admit the
man to bail in the sum of $4,000. This
bail was furnished later in the evening
Mrs. Irving G. Hobart was a spec
tator, entering heavily yelled and
gowned in deep mourning.