The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1920-06-26
WOLF FREE ON BAIL
IN ERWIN KILLING
Witnesses at Preliminary
Hearing Tell of Shooting
at Barton

SANTA FE n NJ, june 2G.-Bnil
IN the sum Of $4,000 has been allow
ed in the case OF Luther Wolf. who
shot aud killed Homer Erwin, on the
road between the Santa Fe n Bef-
uulillo county lines last sunday morn
Ina. on o ~ the absence from
the city OF the district attorney n
hts assistant, the examining trial A
been postponed, Wolf being held in
the county Jail here.
The preliminary hearing was con
Quoted by e. NJ tOnklin. Justice of the
peace, In the jail. The state was rcp-
resented by \. -. Meyer, assistant At.
tOrneN general. No evidence was in
trOduced for the defense, and no ef-
fort made TO prevail upon tho court
to release the defendant. the Wit
neases Tor the state were W. A.. Syi.
vester and q. r. Guest, b heard the
shots ~ saw Erwin TALL In the road
and }. r. hammer, the Stanley dep
uty sheriff Who arrested MOiT
sylvester is the postmaster at Bar
on near where the killing occurred.
ami Guest tH u ruuchmau whose pace
is not Tar from Barton. They te-ti-
ued 10 hearing the shots. which at
tractcd their attention TO what proved
10 be u Tragedy. three Shots were
fired after thel became spectators.
they said, one shot striking he %
ana raising some dust, another strtk-
INK "a posi- lNf tulIN ana laAt Nlfihlth
wIu. VIVA Tell In the road.
Running Town toad.
Erwin was running down the road,
carrying his shotgun ON his arm when
tltey Inst saw hiin. they declared. the
person nring the Shots was obscuryd
10y some tees that stood in the way.
but when Erwin tell. VOL came on
down tho rUa and they then revog.
nlzed him. Vol walked down TO
where IRWIN lay. walked around the
body and then lett the scene. Erwin
was dead whep they reached him he
witness tesuned VOL returned 10
tie scene while they were sim pres
ent There We're several loaded shUt.
gun shells IN IRWIN puck"ts. ana an
empty shell Ia his sun. ErWiua au-
tomopiie a gone through "a renee
ana into a pasture by the side ct The
ruad, they said.
Wolf said In his statement made ~
tnil "a short time afteT being brought
,u Santa be that h" met Erwin on tue
road tnutshe was walking 90 Erwin
dtislup q ear. tnat he spoke but that
ERWIN utd hot return greeting.
that Just IL umt after Erwin droND
bN. he heard the brakes squeak 40
they we're applied. turning. be saw
Erwin standing boz the ear that had not
been brought TO % s%tHndstill. aiming
az him WIN q shotgun. Erwin hrcd.
NH HN'H ~ NV EAN NNNH MNN
Dat from under his shirt. u" declared
h q the charge OF shot entered a post
near him.
Deputy Grummer testified al the
hearing that he had dug several shot
from the puEt where Wolf said the
charge from Erwin'S gun hud struck.
They looked TO be Of bb Size. \ wad
from the shell, found IN the road ~
one OF The witnesses. was marked To
Indicate the shell had been loaded
with bib shot. one ut tho witnesses
testified that he saw on WoiTs shut
IL piece OF puper that might hove been
~ wud-fr0m a. Ach. One ofthe VII
ursSes said that when Wolf returned
to him: Luther. you have don, q bad
thing. that Wolf replied. YES but
" had 30 be done
Jealousy ~ Motive.
m impression prevails that ErWi In
was jealous Of Wolf. though the pris-
one "emphaticullN declares there was
no ground az all for jealousy. Erwin
married u Miss Williams last October.
but % separation suon followed, Mrs.
Erwin going to live with her father.
who has a ranch uea Barton. Erwin
returned lHst week from Texas. and
ON Friday called on Mrs Erwin. u
o. said she exhibited utllr tipudlintss,
o mo- desire whatever 10 I've with
him again Erwin We, about 80 years
OF age and had been % resident 90
Mountain Valley Tor ~ years or more.
Wolf came from oklahoma last Jul,
uud is farming near Barton tie ~
~ years ct age. II ~ presumed that
lv Will be able tu furnish acceptable
UInd Tor $4,000. while he awaits the
,'tIun Of the next grand IufN.