Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-05-26

Butcher passed him on his way
home, while in front of the post
office. He heard the first shot,
and thought it a blow out. He
then heard Cashier Clarence Bell
say Somebody has been killed, .
and rushed out and saw CarSill
surrender.
Claude Hayes testified that he
had come in from their ranch with
Cargill the night before, that they
had gone to O hotel, and slept in
the same room and bed together,
and that they were together much
of the time Sunday. Hayes talked
very slowly. He studied his an
sWers to the district attorney con-
sciously and appeared i'll at ease.
He said that that evening he met
Cargill in front of the Sweet shop
and that they remained in front OF
the candy store until they walked
IN to the scene of the shooting.
Hayes said that when Butcher
came by, Cargill said to him:
your conduct toward my wife
has driven me insane"
Butcher gave him the lie, Hayes
said, and then Cargill shot him
down. Hayes said that Butcher did
not fall until after the third shot,
although previous testimony point
ed to the fact that Cargill had fired
two shots at Butcher after he had
fallen to the ground. Hayes claimed
that he tried to stop Cargill from
shooting. He admitted that in his
years acquaintance with Cargilh he
had never heard Cargill or Butcher
make any threat toward each 9TH
er. Hayes said that Butcher made a
motion toward his pocket with his
hand, but he couldn't tell which
hand it was that Butcher motioned
with. He reiterated that he saw
Butcher move his hand toward his
pocket, but couldn't possibly tell
which hand. He said that after
the shooting they moved south,
and that they did not move east, to
hide behind the First National
bank building, from the sight of
people coming up on the run.
Cashier Clarence Bell of the First
National bank, when recalled, said
that the men at the corner hurried
behind the bank building to the
east, before they came south, and
although Attorney Lamb tried to
shake this testimony, Bell main
tanned it.
Carl Gordon, an ex-peace officer,
said that he saw Cargill and Hayes
moving about the streets, in direct
contradiction to Hayes, who said
that they did not move away from
in front of the Sweet shop. Gordon
earlier in the evening had walked
home with Butcher, who had told
him that when he left his ranch,
that morning, he had Carelessly
left his horses shut up in his cor
rail-, and that he would have to
hurry back to turn them out.
Butcher told Gordon then that he
would probably go back to the
ranch with Lewis Cargill son of
the man who was so soon to take
his life.
Attorney Lamb foreshadowed his
line of defense. when he pleaded
that Cargill be released on bond,
because of the fact that Mrs. Car
gilfs name had been brought into
the case. He inferred that juries
did not convict, when the unwrit-
ten law was brought into the case,
and attacked Dow's record as Il
prosecutor. Dow defended his own
record vigorously. tore Lambs
pleas that Cargill was insane, to
shreds, and claimed that Cargill
acted with reconciliation, and ask
ed that the court confine him in
Jail without bond. Justice Richards
recognized the gravity of the case,
and upheld the prosecutor, binding
Cargill over to await the action OF
the grand jury, meeting on october
4. without bond.
Butchers friends are firm in the