Bisbee daily review., 1921-08-20
WIDOW Of DICK
HAVERTY BREAKS
DOWN IN COURT
Final Arguments in Case to
be Started This Morning
by Opposing Counsel

The defense concluded its case yes
terday int he trial of James Haverty
charged with the murder of his broth.
err, Richard X. Haverty, on April 90
in the Huachuca mountains, and it is
expected that following arguments to-
day the case will go to the jury some
time this afternoon.
Introduction in evidence of the
bloody shirt, cut from the body OF
Dick Haverty by the doctor, so affect
ed Mrs. HOrtense Haverty, widow of
the deceased, that for the first time
during the trial she broke down and
sobbed bitterly while the witness was
being questioned concerning the gar
ment, and while it was exhibited so
the jury could see the bullet hole
An important issue in the case. the
admission in evidence of uncommuni-
Gated threats made by the deceased
toward his brother, was settled yes-
terday afternoon after argument by
counsel and reference to the law. the
court ruling that such evidence would
be admitted over the objection of the
prosecution, but on the avowal of
counsel Tor The defense that il would
be used 10 shCT The aggressiveness of
Dick, although he had not tried to
shoot jim Haverty on the day of the
killing. The evidence was admitted
subject to special instruction by the
court to the jury as TO its weight.
Son Takes Stand
Rena Smith, brother-in-law or the
accused, completed his testimony for
the defense this morning. which was
mostly in confederation of the defen-
dants testimony covering the details
OF the shooting and the relations be-
tween the two brothers. He was fol-
lowed by Clary Haverty, son Of the
defendant, who was with Smith and
his father and younger brother when
the shooting occurred He reiterated
what had been told by his father and
smith, and said that his horse, too.
like that OF his brother-in-law, STAN
peded when the shot was fired and
he did not actually see his father
shoot Dick.
Jim Kelly, to whose place Dick was
carried after the shooting, told of the
dying statement of the deceased.
Kelly was one of those who signed
the statement, but he said he under
stood Dick to say, 81 threw up nv
hands and fell down when he shot
me-" instead of, when he threw
down on me threw up my hands. and
he shot me-" which was the wording
taken down in the statement.
Kelly also testified that he had told
Jim Haverty on several occasions
what Dick had told him. I'm March,"
said the witness, 81 told Jim that Dick
had told me that if ever caught him, in
his pasture he would shoot him in two
and if he butted into his business he
would cut Jim's CUTS out.
Il also told Jim that Dick had made |
gun play on me several years ago and |
told Jim to be careful. told him too. |
that Dick had told me he had shot at
Billy Brakefield with a Winchester
several years ago." Kelly concluded. !
Regarding the statements of Will !
Kelly, brother of Jim Kelly, who tes- |
tilted Wednesday that Jim had told
MIN ne was sorry Dick was elected |
constable because ''he was hot head |
ed and some one would have to kill |
him." the witness said his brother had |
told him about this, but said nornins |
about Jim declaring he would kill !
DICK If some one else didn't. Will |
Kelly had told him about it on sew |
eral occasions, the witness said. but |
didn't say anything about the last |
part of the statement. Completing |
his direct examination, Kelly said he |
knew that Dick always carried a gun.