El Paso herald. (El Paso, Tex.) 1901-1931, 1915-12-01
BOY SAYS BOYKIN
HELD OPEN KNIFE
IA Year Old Boy Changes;
Gives Important Testi-
mony in Murder Trial.

The testimony of Elmer Norton, Il
years Of age, on the stand Wednes-
day morning in the trial of II L.
! Robertson, charged with the murder of
/ II. F. (''FOOt') BOykin, threw new lig-.
on the tragedy that IS regarded by the
! defence as favorable TO its cause.
Young NOrtOn's testimony leading up
TO the killing in the stock pen at Sierra
| Blanca on January Is was essentially
the same as that Of other witnesses. At
that point, however, it changed.
Robertson. mounted on his animal
struck Boykin with his rope" the boy
stated, and Boykin, with an open
knife in his hand, rushed towards his
assailanL' the witness continued.
then dropped the rope and reached
for his pistol At the same moment
BOykin again started towards Rober-
son, closing his knife against his leg
as he did so and put il in his pocket.
Roberson's horse swerved and Rober-
son shot over his shoulder. the ball
going wild and hitting Walter Sitters,
who was mortally wounded.
Fired When Down.
Robertson then fired three more shots,
each hitting Boyl<in. and then. after
BOykin had fallen. returned and fired
a fourth shot. the ball entering just
below the neck in front In all, five
shots were fired the witness con-
Guided
To counsel for the defence he admit
ted that some effort had been made
in Sierra Blanca TO get him 70 change
his testimony.
Why Went to Grand Jury.
Ira Norton, who was on the stand
when court adjourned Tuesday after
noon, resumed his testimony Wednes-
day morning He was questioned by
attorney Victor Moore for the defence
as to why at the examining trial he
went TO the grand jury instead Of TO
I the justice court The witness replied
that he was told TO; that he was in
/ formed that the grand jury had juris-
Z dictiOn over the justice court
Had No Knife
William Norton. 1S-year-old son OF
/ Ira Norton. was also on the stand His
testimony was substantially the same
as that OF previous witnesses -te de-
] clared that when Robertson in the pen.
( struck at BOykin with the rope, Boykin
/ threw up both hands. his hands were
open and that he held no knife He
( admitted that during part of the time
! the horse obstrucJed his view.
Mrs u. F. Boykin. wife Of the dead
I man. went on the stand for few
| minutes. My husband was not armed
when he left the house the morning
OF the killing" she said
Case Goes 20 Trial.
; The case went TO trial Tuesday aft
Dudley had completed the jury 4
I plea OF not guilty" was entered.
! Cross told how Robertson had -idden
up on the morning Of January rs and
/ had got into an argument over the
manner of counting some cattle in the
Z railroad pens. The witness stated that
I he and Boykin we're trying. to count
I the animals in the pen. and that the
animals were running around
Z Robertson insisted that they be
! counted outside the pen. to which Boy
kin objected, on the ground that the
animals were TO 20 10 his pasture, ne
I testified. "A heated argument ensued,
during which Robertson called Boykin
a name that makes men fight.
Got Out His Rifle.
Robertson, on the outside OF the pen,
dismOunted from his horse and got out
his rifle Later, he nut away the rifle
and rernOunted. Boykin came over and
climbed on the fence He had a knife
in his hand. Robertson took rope and
struck at BOykin, and BOykin grabbed
the rope and threw it into the pen
Robertson then rode around into the
lot BOykin got down from the fence
then, and after further heated argu-
ment Robertson BEGAN shooting.
On cross examination the witness
declared that he did not see the knife
after BOykiu started towards the fence
He denied that BOykin struck at Rob
ersou with a knife after Robertson had
entered the pen. Witness stated that
he himself handed Robertson the rope
Urged Not TO shoot.
When he saw Robertson pull out his
pistol he urged him not TO shoot, the
was trying TO get BOykin to take back
some names. the witness said he
didn't near hQbeESou tel boy hAl 10
put up his knife. lie said
Attorney Victor Moore. Tor the de-
fence, read some testimony from the
preliminary trial To show that the Wit
ness. Cross, had failed to mention a
knife until he had asked him about IL
in the cross examination He also re-
minded the witness that his memory
was clear as to things faVorlnE the
dead man. while IL was hay with re-
gard 10 details favorable TO the de-
PENDANT
You want to see Mr.. Robertson con
Victed. don't your Mr.. Moore asked.
Naturally" Cross answered
No Trouble With Robertson
The witness stated that he nad
known Robertson for about six months
at the time Of the shooting and mad
never had any trouble with him He
had known BOykiu about three years.
On redirect examination he said thar
in the case
T. Norton. who was on the stand
when court adjourned for the after
noon. proved to be a lucid witness lie
was not al the pens AT the begiuning
Of the trouble but when he came up.
heard loud talking between Robertson
and BoyiIin-
Robertson was outside the fence on
his horse the witness stated. and
Boybin was on the fence. Robertson
seemed 10 he trying 20 make Boykiu
take back name. He had pistol
in his hand. Robertson said. Take back
that name and Boykiu said. You
called me one first
struck Boykin With Rome.
The witness stated that ne then went