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cember 5.He was represented by local attorney George Schubert, court appointed.District Attorney Pat Han-agan of Hosw'ell 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 Kd-ward Whitlock 28, 222 East Broadway, Patsy Earnestine (Pat) Clary 30, 315 North Houston, and Mrs. /el in a Lynn Taylor, 1827 Steven Drive. Mrs. Clary and Whitlock were placed under $1500 bonds while Mrs. Taylor was placed under $500 bond.Whitlock and Mrs. Clary had been held in the county jail as accessories to murder, charges were dismissed following the hearing.Both of their attorneys, Warren Reynolds for Whitlock, and U. M. Rose for Mrs. Clary were in the courtroom.Dr. Dorothy Lee, pathologist at the county hospital system, testified of wounds in the chest Smith received, saying death was almost instantaneous.Several pictures were introduced showing the wounds on Smith’s body.Dr. Lee said she recovered one bullet from the body and turned It over to offl-.Whitlock was brought from the county jail at Lovington to testify. He said he knew Barton prior to the day of thechririHntr H ahnnf Patsnoot, ne urea once . onealso said Smith had no wea-0pon, 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 walk then fell to the floor.Mrs. Taylor said earlier she 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 he was going to get into trouble.On cross examination bySchubert, Mrs. Taylor said she was married, her husband is an oilfield driller and they have four children.At one time when asked if she was drunk, she said, “1 wish 1 was drunk, but deniedshe had been drinking.She said Smith was facing south, Barton north, when Barton shot Smith. She said she saw Barton pull the gun from his belt and shootDaniel W. Blackerby, also testified to the shooting. He said he saw Barton shootBlackerby who lives at 1421IDenson, said he worked forthe Cablevlslon Co., and had been In Hobbs since 1940. He said Smith reached downbetween the beer cooler and it looked Like lie reached for something but came up empty handed. He said Smith never had a gun. On crossexamination, he admitted he didn’t know how much Barton could see when Smith reached under the bar.
Newspaper Details
Hobbs Flare
Hobbs, New Mexico, US
Thu, Jan 11, 1968
Page 5
Full Page
Clipped by
Myrna A.
USA 12 Sep 2020
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