Bisbee daily review., 1913-09-03

TOT. When Cunningham was ready to go he came to the porch to kiss her goodbye She saw Harstfield watching from a window of the house and leaped behind her husband the momens Cunningham kissed her. La ter Winters asked her to find clip pers as he wanted Harstfieid to clip his hair. Harstfield trimmed Winters hair and then they started down the canyon together, At their request she went part of the way with them and then returned aud put the chil- dren to bed. She made up her mind to tell her husband all upon his re turn home. He came in about 9 o'clock. and she told him. He was terribly agitated and walked the floor all night. He said he would protect her. Monday he said he would not go 10 work. Harstfeld knew he was on the day shift, Harstfield being oh night. She was greatly frightened when he left home Monday morniae to go down town. Was afraid Harst- field would SC him and come kill her in his absence. Climbed into the lOft of house and hid until Winters Ie- turn. Was washing on the back porch about 1:3O when beard Harst fieids voice say hello Jun ped violently Harstfield said you should net be so nervous" He was then on porch and reached for glass to get water. She started in house. It was then she saw her husband coming with gun. Heard two shots and for
 a time believed her husband had been killed.
 J. H. Cunningham, of Upper Lo- well, brother-inlaw of Mrs. Winters, testified to knowledge Of Harstfie.d. Had heard of his visits to Winters home and some ugly rumors. Could not believe these, particularly in view of warm friepdship of two men. Had refra'ned from saying anything, ev- en to his wife. Told of Sunday 3 visit and surliness of Harstheld, which finally became very annoying. Noticed that Cn arrival Of Harstheld Mrs. Winters underwent enure change of manner and appeared ais traught during balance of time. Also noted Mrs. Winters agitation when he kissed her.
 Mrs. Winters testified to acquMH- tance with Harstheld. While her sis ter was iu Texas hear -umors that Harstfields s frequent visits to Win ter's home had made talk. Met Harst-
 fleid on street and told him thac when Mrs. Winters returned he must keep away from the house. He oniy laughed at her and said he would not. Was insulting in his manner. She warned him that fl he did not keep away there would be trouble.
 C. J. Winters was put on stand and advised that whatever he said would be held as competent evidence subsequently. On direction of hls at torney he told the story in his .oT2 way. He had known HarstEelI for . years. They had met at the Spray mine where Harstfield had come 10 work under him. Harstfield had h. ter loaned him money when he built a house and they had become Very warm friends. He had the greatest confidence in am. The balance Of his story was Q substantiatiOn Of the stcry told by his wife, up to the po-nt of the shooting. He saw Harstneid in the doorway and believed he had come to the house to kill. N nsI Harstfieid reached for his pocket ne
 fired.
 With conclusion of the statement of Winters, the jury retired. It was out only Icng enough 10 fll out It's form. which read as follows:
 We the jurors find that sam Bar5t' field came to his death by tWo gun shCt wounds through his head MlIA
 .3S caIibre Colts in the hands oi lC. l. Winters. Signed: Frank Briggs ! foreman: T. W. Davis, L. ?. Mnlte ] J. NJ. Mcdonald, J. F. Bennett Lee | Cochran.
 | Upon render Of the verdict, Ass ! tant District Attorney Murry an nounced that by reason Of lack q ! sufficient evidence to convict, the state would not hold Winters at thi' ! time Go preliminary examination, ou | that this did not mean that he va exempt from answer to the char 8, should there be further evidence SC ! cured. Winters was consequent. | freed. lie was immediately surround ] ed ly friends and those n the couf room. His wife came 10 nina aa < many shock hands with alm- m I family left the court room togethe T and in the street below were SUI irounded by a crowd that he'd them ! z minutes or more. The streets nile with curious people and for a un there was a blockade.
 !. With it all there is to be remeH ibered that there is a sadder fainil -i in Tombstone canyon mourning IL ] dead. The funeral Of Sam Harstiiei .i has not yet been arranged IL wa said last night that a brother Wa
 expected today to take charge c [ the matter. It may be that he VI ] bring about further court action, ma . the other side. # there is one, ma r be brought out