The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1922-08-11
TESTIMONY BEGUN IN THE
HOUSTON UPTON TRIAL
NOW ON AT CLARENDON

Miss Wilson testified further that
she was awakened during the night
By Gladys solomon crying PLEASE
don't shoot-pease don't' and that
she covered up her head. she said
she later heard three gun shots and
also saw the flash Of the gun. She
testified she recognized the voice OF
Houston Upton talking 90 Gladys.
The witness was calm and conf
dent during the time she was on the
stand and seemed TO have no doubt
as 10 the correctness OF her conten-
ton that she recognized Upton's
voice.
Houston Upton was Is years Of
age on January 20 preceding the tra-
gody.
Upton was found in a school house
located about a half mile from the
lmhorsOn home. about daylight on
the morning Of February p follow
ing the shooting which took place
about 4 o'clock He was wounded,
bullet wound through his left side
in the region OF the heart. He was
taken 10 hospital " Floydada,
where Il was believed for a number
Of days he would not live
Gladys solomon. for whose muir
der young UPTON is now on trial,
was is years OF age az the time Of
the tragedy, and Nell Umberson, who
also was a victim OF the tragedy
was IL years Of age. Vera Wilson,
age "a. also was a visitor IN the
umberson home.
About sevcuty-fivc Floyd county
residents have been subpoenaed and
are present 10 testify in the trial.
large number Of these are character
witnesses,
linton is being defended in the
trial BY A. r. Martin Of Plainvew,
Kenneth Balm, Lubbock, and W. I
Link. Clarendon. Judge ! A.
Fires Of Childress. r. A. simpson,
Clarendon. A. +. Cole. Clarendon,
District Attorney Lloyd Fletcher,
Amarillo, represents the prosecution.
II Is expected the trial viii be
completed by Friday night.
The State rested its case Tuesday
afternoon and the defense began et-
forts 10 show that young Upton suf-
fcrcd from a form OF insanity pecu-
liar 20 young persons nearing ma
urity
The State attorneys never showed
why Gladys cried after leaving Up
ton az the gate Of the Umberson
home several hours before the muir
der. and after they had attended a
B. Y. p. u. meeting with other young
people OF the Sunset community IN
Floyd county.
Mention waesmado ~ a ring pres
emit from Houston % Gladys by Ken
meth umberson, brother Of the slain
girl. that apparently caused the
trouble. as Houston b said 70 have
remarked "he would get the ring
no matter what it cost.
An % the witnesses Tuesday adj
mitted that Upton had been raised
weli and as far AZ they knew was
. good. moral young man
Revolver and Fall.
Joe Umherson. another brother OF
Nell. said that he had seen Houston
with a revolver. but Il WIS IN the Up
ton residence.
He also testified regarding a fall
from a horse in which Upton struck
his head.
Mrs Smith. the grandmother. who /
was in the Umberson home the night
Of the murder. had seen young Up
ton many times and never noticed
ANYTHING wrong with him.
Attorney for the defense, in open.
ing their side Of the ease, announced
they would call physicians, special
lists, nurses, minister and others
in their efforts 10 show the accused
was a victim Of insanity and at the
time 81 the crime and for several
weeks afterward. was mentally UNI
balanced
The courtroom was filled 10 over