Imperial Valley press., 1915-11-18
Testimony
Clear, Decisive

Edgar Byrd, admitted assailaut of
w. D. Aerey. year ago, when Acrey
was deputy marshal of Holtvinc, took
the stand in his own behalf this morn
ing at the trial in superior Judge
Vests court and told of the events
which led up to the shooting. Byrd's
testimony vas decisive; there was no
attempt At evasion or circumlocution,
and he answered every question with
apparent frankness and without hes
itancy.
The s-eNamination by District
Attorney Nichols failed to shake him.
He answered ali questions with re
marlSable rapiditv and his memory
concerning the affair appeared to be
clear. even To minute details.
In relating the events which led up
to the shooting Byrd stated that he
started across street in Holtville
IN the day of the affray, Acrey start
ing in another direction. 50 that their
paths eonverged. when only few
yards apart. he testified, Aerey called
to him. lie stopped, he said, and in
qurcd what the officer wanted.
"Tve heard you've been saying
things about me, Ed, and now I'm go
ing to do it," Byrd testified the Off
Ger said.
Acrey then reached into his right
trousers pocket and pulled out billy
club, Byrd testified, and it was at this
iuncture that Byrd jcrSed an auto
matte pistol out of his pocket and
commanded the officer to stop.
Acrey complied with the injunction,
he stated and without further parlcy
replaced the billy in his left pocket.
,"HoW long did you and Acrey stand
there after he replaced the club?' Dis
tri,, Attorney Nichols asked.
About . or & minutes Byrd re
piled.
"What was the subject of your con
vcrsation." asked the prosecutor.
well. we didn't talk much" Byrd
Responded. we just stood there and
looked a each other"
1t was AT this juncturc that the al
legged attempt by Acrey to draw a re-
lolvcr from his hip pocket occurred.
Byrd testified that Acrev called to
him:
by -. I started this and I'm going
through with it,"
Then. Byrd testified, Acrey reached
for his hip pocket to pun out the weap-
On. the handle Of which. he declared,
was visible from the spot where he
was standing. The lower part of the
revolver, he stated, appeared to be
wrapped in handkerchief. The officer
having some difficulty in removing it
from his pocket.
After the shooting Byrd walked away
and . men. attracted by the sounds
of firing. came to AcreN's assistance
and carried him to a store nearby.
C. L. Gillcu witness for the prose
cution. testified that he removed the
billy club from AcTeY's right hip pock-
ct. in contradiction to Ryrd's testimony
that it Lad been replaced in the LEFT
front trouscr pocket of the officers
trousers.
f. X. Weeks, a cement contractor
and chairman of the board of trustees
of Holtvnle. testified II the honesty
and integrity of AcreY as did V. II
smith, a carpenter from HoltVille.
Smiths acquaintance with Acrey
dated back some years, when both
lived in Seymore Tex where. Smltn
said. Acreys reputation with respect
/ to honesty and integrity had been good
The trial today drew a larger crowd
than that of yesterday Practically
every seat in the court room which
commanded view of the witness
/ stand and the attorneys was occupied
and the wall near the doors which
omen into tho corridor was lined with
spectators.