The copper era and Morenci leader., 1922-08-11
Murder Charge Against Mark Bradbeny Dismissed Sidney Fulcher Held to Grand Jury; Bond $500O

At the conclusion of the prelimln ary hearing of the State of New MexicoN vs. Sidney Fulcher, charged with murder for the killing of Bate Bradberry on Cherry Creek, in Grant Bounty, New Mexico. on July II, 1922 held before Justice of the Peace Wright in Silver City on Tues day and Wednesday of this week, the defendant was bound over to await the action of the Grand Jury which meets in September and his bond fixed in the sum of $5.0O0.
 At the same time, on the same evidence introduced in the case against Sidney Fulcher, with the ad- dition of a statement by the defen- dant describing what occurred at the time Of the shooting between the Fulchef brothers and the Cranberry brotheTG Mark Bradberry was dis. charged and the case against him, charged with the murder of Johnny Fulcher, was dismissed.
 The preliminary hearing lasted the better part of two days and was at. tended by an interested audience of spectators, a large number present being from this county
 A. R. Lynch and W. B. Walton, at torneys for Sidney Fulcher, at the conclusion of the states evidence moved the court that :ne charge against their client be dismissed on the ground that there was insuffi- cient evidence to secure conyic tion, in the event of an indictment being returned. The court overruled this motion and announced bail would be fixed at $5OOOOO. Later District Attorney Forest Fielder proposed to Attorneys Lynch and WaltoI that he would consider favorably a reduction of the bond to $25OO.O0.
 Sidney Butcher did not go on the witness stand and testify in his own behalf, neither did the attorneys for the defense offer any testimony in his behalf, evidently preferring to present their case before a trial jury in the event of an indictment being returned.
 Mark Bradberry did not take the stand against Sidney Butcher but went on the stand in his own case after the conclusion of the Sidney Fulcher hearing, and for the, first time, in court, an eye witness to the shooting affray told his story.
 Mark Bardberry was defended by Attorney Vaught, of Deming, who al various times conducted the cross examination of witnesses for the state in the Sidney Butcher exam ination. District Attorney Pores; Fielder, of Deming, who represents the district composed of Grant, Lunt and Hidalgo counties, presented the evidence on behalf Of the state.
 Sidney Fulcher and Mark Brad
 
 other during the examination. Both followed the testimony closely and at the close of the second day, when Mark Bradberry was called as the last witness in his own behalf, Full cher turned his chair around in ordel to face the witness
 Mark Bradberry Story
 There are two surviving eye wit nesses to the shooting affray that oc cured on Cherry Creek. across the line In New Mexico on Tuesday morning July II. They are Sidney Fulcher and Mark Bradberry. Mark Bradbery has told his story under oath, on the witness stand and it is matter of record. Whether Sidney FNulcher ever tells his version of the affair on witness stand will depend on whether or not a Grant county Grand Jury returns an indictment against him.
 During the entire hearing the de fense was silent, with the exception of cross examination of some oi the witnesses for the state.
 AS Mark Bradberry took the stand at noon on Wednesday the spectators leaned forward in their seats to hear his story. His attorney had just concluded making motion that Bradberry be discharged, but the Court had intimated that he thought Bradberry should be allowed to go on his personal recognizance to ap pear again when the grand jury met This intimation did not satisfy Brad berry's attorney and he put him or the stand.
 We left the Bradberry ranch" said