Bisbee daily review., 1921-08-19
the horse and pulled my six-shoot-


err.
Up to the time he got off of his
horse T>hadn't seen his right side He
reigned his horse with his left hand,
and his right arm was behind him.
thought he was after his gun when
he said, 49, you. | will kill
YOU and i fired. My horse got scar
ed and ran when the shot was fired.
was watching Dick and couldn't
tell what happened to the other
horses. When l stopped the horse
rode back and dismounted. Smith
had got to him. | told Smith to look
and see if it was wound Then
made the remark, L came near leav-
ing my gun at home this morning
Dick said, 4 did leave mine | asked
Dick if he wanted me to send his wife
word, and he said yes, but leave
somebody with her. l told Smith to
stay with him and do all he could
Il rode over to see Belle (Mrs. Jim
Kelly and went back to where Dick
was. left before Belle came. / went
into town to give myself up"
Under further questioning by the
counsel for the defense, Haverty said
that Dicks land adjoins his, but the
two houses are about half mile
apart. Both tracts adjoin the mill
tary reservation. He said that he
had lived there since the fall of 1905,
and Dick since 1911.
Tolls of Difficulties
The witness testified concerning
the relations of the brothers when
they were boys and all living togeth-
er in the Huachucas. He said that
on one occasion, when they were
boys, Dick threatened to shoot him.
and that he prevented him from shoot
ing another boy with whom he had
been scuffling at the Lowry troughs.
On October %, 1918, he said that Dick
Pete. and himself had conversation
at the pasture gate, and that Dick
said it was a dirty trick for him to
get Frank Moson to lease the reser-
walton land.
Frank Moson tried to lease that
part of the reservation" the witness
said, "and Dick was helping him.
The witness had previously ex-
planned that they all used the reser-
walton land referred to as range for
the cattle.
On this occasion the witness said
that Dick Haverty told him that "they
dick and Pete Haverty) had laid in
a place in a ditch and waited for me
to come along. and said it was damn
good thing l had not come along.
said, 4 have not tried to avoid any
body; let's throw ~way these six
shooters and fight if your are bound
to fight He said, the next time we
fight it wont be with SiSts and some
body is going to get hurt"
''He said,' continued the defendant
that he had killed one Mexican at
Douglas, at Lee Ramsay's slaughter
house, and he said, After a man has
killed one man, he doesn't think
much of killing another. He said he
would Just as soon kill me as any
body. I said, What would people
think if one of us hurt the other?"
but he said he didn't care what they
thought"
The defendant also related that
James Kelly had told him that Dick
had said if he ever caught me in his
pasture he would shoot me in two"
and that Harry Hasselgren had told
him that Dick had said that ''if one
of us didn't get out there would be
some trouble and a killing" Haverty
testified that for some time prior to
the shooting he had avoided direct
meeting with his brother.
do you know William Brakefield?"
defense counsel asked.
Eyes"
what, if anything, did Dick tell
you with reference to Brakefield?"
HE told me he had shot at him
some time ago.
What did Dick tell you with ref
erence to a couple of negroes in the
mountainS?"
HE said that he and Harry Phil,
lips were on the hill and he shot at
the negroes and they ran. He said
Harry was scared nearly to DEATH
do you know Baumgirchner?"
Eyes"
What do you know with reference
to the conduct of Dick toward this
man prior to April %, 1922"
Harry Haverty had told the family
and myself about Dick jerking his gun
and abusing Baumkirchner at RAM
say Canyon"
"DO Won know Tim KaIly9o