El Paso herald. (El Paso, Tex.) 1901-1931, 1919-04-16

the defendant took the stand and tes-
titled that he saw Wilson 80 his son.
Earl Johnson. in difficulty me Wiz
ness testified the deceased struck Earl
over the head with a club and in the
face with his left fist He hurried his
pace. not being able to run on account
of being crippled Before arriving az
the truck. he said. he saw the deceased
make four separate attacks on his son.
striking him one with the CLUB ana
several times with his left fist
As the defendant reached the truck,
he said, Wilson addressed him in vie
terms He said he did not pause,
thinking he was in great Danger anu
being uuarmed and unable 20 protect
himself or assist his son. he rushed
into his portion Of the house and Sc
sured the first gun he could lay ms
hands. on a % gage automatic snol-
gun. loaded with huckshot-
Returning at once 10 the scene OF
the difficulty. witness denied pausln-
on the porch when accosted by Mrs
Wilson and Ben Frazier. and also de-
MED threatening their lives witness
testified Ben Frazier had a pistol
drawn on him and commanded him 70
stand. but that he replied. II VIII not
stand: am going 10 help my SON
Tells OF shooting
As ne glanced over his left shoulder,
he said he saw Wilson coming az MN
lin a crouchinE position with lelL arm
extended in front and the club draw p
back in his right hand lie turned lll-
mediately TO his left and fired wllie
ne had the gun still at his sice. Wiz
son fe1i forward on his face. defendant
stepping back a couple or PAGES 70
prevent the body striking him as u
feU. The club fell 20 the cast or " IL
son about his knees Defendant then
took few more steps backward ana
before he realized what was happen
inc
him for possession OF the gun Later
Frazier also got hold Of the gun bar
rel. Defendant said he did not strike
Mrs. Wilson with the gun during TINS
scuffle nor did he knock her 10 hef
knees. Later Earl Johnson came up
and told his father 10 give him the
gun He released II TO Earl Defendant
and his son then went into their house
and prepared to go TO Valentine 70
surrender.
says Feared For Life.
Johnson declared he was i'm great
fear Of his life or serious bodily in
jury during the entire transaction ana
explained his getting the gun was be-
cause Of his age ana strength ana tue
fast that neither he nor his son were
armed or able TO protect themselves
and deceased was a large man or great
strength on cross examination Wit
ness admitted he was excited to some
extent and possibly did not rene Der
an that took place or was sald uurlllA
the trouble. but he was positive the
deceased assaulted his son four times
before he secured the gun and once
as he came from his rooms with IT,
Miss Belle Fenley. recalled in rebuff
tai today by state. TESTIFIED tnaL sne
had seen young johnson drive VIII
sons sheep onto the railroad track the
afternoon preceding the shooting ane
that Johnson. senior. watched Ear
driving the sheep part OF the time
Argument and Charge
Judge ". d. Howe charged the jury
I County attorney John l. Dodsor
/ opened argument for the state. fol
lowed by Tom Lea for the defence in
! a forceful argument Judge A. J. Har-
per followed for the state. r. p
I Thomson closing for the defence. and
assistant district attorney T. b. Elfers
closing Tor the state