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PiUttUWtfjr 14.4V Ui* l/e-cember 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 Whitlock 28, 222 Last Broadway, Patsy Earnestine (Pat) Clary 30, 315 North Houston, and Mrs. Zelma 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. Claryhad 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 hospitalsystem, 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-arid turned it over to offi-.Whitlock was brought from the county jail at Lovington to testify. He said he knew Barton prior to the day of the shooting. He told about Patshoot, he fired once”. She also said Smith had no wea-nport, 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 had 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 intotrouble.On cross examination by Schubert, Mrs. Taylor saidshe 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 i 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 shoot .Daniel W. Blackerby, also testified to the shooting. He said he “saw Barton shootBlackerby who lives at 1421 Denson, said he worked for the Cablevislon Co., and had been in Hobbs since 1940. He said Smith reached down between the beer cooler and it looked like he reached for something but came up empty handed. He said Smith never had a gun,Onerossexamina-tion, he admitted he didn’t know how much Barton could .see when Smith readied 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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