Eye Witnesses Say Barton Fired ShotTommy Earl Barton, 31, Cisco, Texas was bound over to await action of the District Court following a two hour long preliminary hearing Wednesday, Jan, 3 before Peace Justice Robert L»Sensing in Hobbs,Barton was charged withthe shooting death of Floyd E. (Red) Smith at the Winners Circle Bar on West roadway a: 12:30 on December 5.He was represented by local attorney George Schubert, court appointed.District Attorney Pat Han-agan of Roswell represented the state, assisted byMalcolm Shaw, assistant district attorney for Hobbs, Three persons were held under bond as material witnesses following the hearing. They all testified in the hearing. They are Larry Edward W'hitlock 28, 222 East Broadway, Patsy Eamestlne (Pat) Clary 30, 315 North Houston, and Mrs. Zelma Lynn Taylor, 1827 Steven Drive. Mrs. Clary and W'hit-She said Smith had separated the two and tried to calm things down, when he couldn’t he started to the phone. She described the minutespreceding the shooting, saying Tyrone W'llson and Smith fought over the phone, with Wilson hitting Smith, trying to keep him from calling police.She said, I saw Barton shoot, he fired once. She also said Smith had no wea-pon, and she didn’t think they knew each other before the shooting.She went into detail to tell of the look on Smith’s face, and how he started to waik then fell to the floor.Mrs. Taylor said earliershe trad seen a pistol in Barton’s belt when his coat became open and told him to put it up after Tyrone Wilson had grabbed the gun.She said she told Barton hewas going to get into trouble.On cross examination by Schubert, Mrs. Taylor saidshe was married, her husband is an oilfield driller: