El Paso herald. (El Paso, Tex.) 1901-1931, 1915-01-19

, day morning and the hearing was tnep
adjourned to the afternoon TO await
the arrival of more witnesses.
When the hearing was resumed at
TO o'clock Tuesday morning, the testi-
mony of James Burns and William
Barter. two young men who were
beating their way to San Antonio
and saw the tragedy, was heard.
Burns stated that the men were quar-
reling when he and his friend got Off
the train. They went over to the stock
pens. he stated, to see if they could get
a lob When they came up they saw
Boykin on the fence pointing his finger
at Robertson. Robertson struck his
hand with a rope, and when Boykin
grabbed the rope, Robertson struck
the hand with his pistol, he said, and
then Boy5ln threw the rope into the lot.
Robertson then rode around. to the
gate. In the meantime BOykin threw
the rope over the fence Robertson
asked him to get the rope, and BOykin
refused. but another man climbed over
and handed it to him.
Burns testified that he heahr Boykin
say: Nobody nut -- = -- --
or a coward would pull gun"
BOykin "Cnme at Robertson
He further testified that when Rob
ertson came around to the gate. Boy
kin came at Robertson and that he
started for him a second time before
Robertson fired the first shot. He. Boy
kin. had something in his left hand-he
did not know if it was a knife. Five
shots were fired by Robertson, the last
one as BOykin was falling.
To the states counsel he stated that
he could not remember what Robertson
had called Boykin. Words were pass
ing between them but in the excite
ment he did not catch all that was
said. States counsel reminded him
that his memory had been pretty clear
concerning the testimony he had given
to counsel for the defendant
Burns stated that he told the same
story to the justice Of the peace at
Sierra Blanca and that at p. m. on
the same day had been told that he and
his partner could go on their way.
The testimony of William Barter
was similar to that told by Burns He
declared he did not know whether Boy
kin had a knife
The state was represented in the case
by Frank Futile, assistant county at
tOrney. and by r. Z. Thomson, special
counsel The defendant was repre-
scented by Victor c. Moore.
Thomas Cross Testfies.
Thomas Cross. Of Sierra Blanca, a
witness to the tragedy. was the first
witness. He stated that ne and Foot
Boykin and others went to the stock |
pens abou1 G. d. M Saturday, January
is, TO load some steers While thus
engaged 81 me OF the animals got mixed I
engaged in counting the animals when /
H i Robertson drove up.
when Robertson. rode up he called /
out. What in H. are you doing /
here@ He told BOykin to ge out" he I
testified. "Boykin told him he wouldn't I
and then Robertson said, You - -
- YOU viii get out Boykin called /
him the same name and told him he 4
wouldn't get out. BoVkin climbed up on 1
the fence and Robertson then struck I
his Iistol and struck Boykin on the
hand Then he asked for his rope and I /
handed il to him. Robertson rode
round and into the corral and shot /
Boykfn four times. Then he rode /;
away"
Cross admitted to counsel for the de-
fence that BOykin had a knife in his
hand before Robertson hit him with /
the rope. He also admitted that he did
not feel friendly towards the defendant i
Hit HOykiR With Rope.
Elmer Norton, aged Il years, another
witness Of the shooting, stated that !
when he came up Robertson was telling
Boykin to take back what he called 4
him, ana BOykin refused. He stated /
that he saw Robertson hit BoylSin
with rope and saw the latter pull
the rope from his hand. He stated that
he saw Robertson hit Boykin on the !
hand with his pistol and then saw
Boykin step back into the corral. Rob
ertson, he stated, rode around and came !
through the gate into the corral Boy
kin moved towards him. Robertson's /
animal wheeled around and Robert
son fired over his shoulder he de-
elared, the shOt hitting Walter Sitters
linen he fired four more shots at Boy
kin. he stated, the last one being fired [
after -Boylzin had fallen to- the ground.
+ He admitted to counsel for the de-
fence that there was considerable bad
feeling in Sierra Blanca against Rob (
3rtson. He also admitted that some
indirect efforts had been made to in
lueuce his testimony He stated that
MS Father told him to tell the truth.
Told Robertson Was Unurr1ed.
To the attorney for the state he
stated that Boyloin had told Robertson
he was unarmed. When Robertson