El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-13
ARGUE
ROBERTSON CASE
Testimony Finished in
Noted Case Against
Texas Cattlemau

! case on Lrlal QeLore judge W ~
Howe in the ssth district court FOR
manslaughter in connection with the
death Of n. F. Boykin at Sierra
Blanca, Texas, on January 16, 1915
was concluded Thursday morning
Judge Howe at once retired 70 pre-
pare the charge which he presented
to the jury this afternoon Attor.
neys for the defence moved that the
Z judge charge the jury 10 return an
instructed verdict Of not guilty. Tne
motion was at once overruled- arg u
ment In the case began this after
noon.
Testimony was concluded Thurs
dav with Al BOykin, brother Of the
dead man. The witness Is a rancher
I HudspeLn county His testimony was
! largely in connection with agree
ments between catis ralsers u tnt
Eagle mountain country. Boykin Was
ct dot Springs, EeXs at the tine OF
I his brothers death but came 10
sierra blanca within Few hours
after he heard Of the shooting all
lair. he testified that he knew Moth
I ing personally regarding The shoot
ms.
E 3. speller, OF Fort Worth. sec
Rotary and general manager OF TIE
Texas cattle raisers' association VAS
used as 8 character witness By the
oefeuce The witness said that he
had known Roberson personally since
/ 1911 and that his reputation was
.sTO Save Ny own LIfe.s
Robertson took the stand at 3.1l
| o'clock Wednesday Afternoon. Direct
examination Of the defendant was
I conducted by Vic.or c. Moore, coun-
Gil for the defence Direct examlua-
ton occupied most Of the Afternoon
and was continued Thursday morn
ing. Robertson told long story OF
disputes among catlemen OF the Biz
Bend and Sierra Blanc regic
which. he said. finally led to the
shooting affair In the stockyards "a
Sierra Blanca on the morning Of jan
uary 16, 1915, and which resulted Ia
the death Of Boykin.
I killed Foote B0ykin TO save
my own life" the witness said. Rob
erson further testified that he had
gone TO Sierra Blanca especially Ia
the night time TO avoid trouble With
the Sierra Blanca gang" for he said
that members OF the bunch had
time and again threatened ny life
and did not want TO have any
Robertson began his story By relat-
Ing IN detal the trip from the =
and o" ranch across the Rio Grands
in Mexico. He said that he and twu
cowboys belonging 70 the IT and o.
outfit drove a large herd Of cattle "a
Sierra Blanca and placed them in the
pens, 70 remain overnight. The two
co wboys referred 10 were Walter Sit
ters and Elmer Dumont. The latter
appeared as a witness
At the request OF Victor c. Moore.
attorney for the defence. Robertson
gave the following version OF the
nH o.
yards, which led TO the shooting
affair
Describes the Shooting.
walter sitters. Elmer Dumcnt and
nyselt vent to the stoczyards about
daybreak and found the cattle
Three or four fellows were IN The
lots chasing the cattle and I later
found out that Boykin was among
those in the pens j did not know
EnTEin at that time. but called out
What are YOU fellows doing IN that
rem and Boykin replied. none Of
your damned business. BoTEiu then
started toward me and Walter SIT
fers hurried 10 me and said. In SPAN
ish. look out Boykin had a knife
N his hand and was holding IL IN a
threatening attitude. 7 knew that he
was mad and I believed he intended
to kill me.
'Boyizin was cursinr ana as he
drew nearer TO me said. we Sierra
blanca people know who you are. 90
don't get so damned smart You're
bic coward and there's nothing 20
yOu-f"
The defendant SAID that he Jumped
rom his saddle getting his Winches-
ter from Its scabhard as he jumned
me defendant continued. 7 he
ieEed then that BoySin was going
20 XII ne IS he reached TO his hin
pocket Ike he intended 20 disniay
pistol SO shouldered NY Winrhes-
ter and placed It through the fanre
as means OF self protection. When
7 saw him c0minr toward me with
MS knife in his hand mt ny VIM
chester hack IN the seabbard. 7 did
rot 20 into the rem because ] was
AFRAID there would be trouble.
later entered the nens AMI Bow
Kin continued IN threatening attitude.
cur7inE am declaring that 7 would
have he'll OF fine getting those
cattle. ] asked PovlSiu 10 nut I'D hts
knife. R1vkiu was then hrfdinr nv
rome, witch 7 alsn asked him to rfve
re. Bovlin threw nv rove over the
fence and Tom Cross later got Il and
gave It IN me.
7 saw Boyiin coming toward ne
ans ] drew nv pistol and fired from
over my shoulder. Ny horse fumnaa
lust IS 7 fired. After the first shot
1 saw Bovkin cov'ing toward me
with his hands stiu under his coat
IN toward his hip rocket"
"Dif you ever at any tine shoot
Roylrin after he had fafienTi asked
the attorney for .hA defence.
80" reniled Robertson.
Did Bavkin at any time have his
so" RENTED Rrba-zo,