This afternoon the trial of the territory…
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chunk 2722 · paragraph 0
This afternoon the trial of the territory
vs. Walter Birchfield took place. The defend-
ant with four others was charged with flourish-
ing and firing a pistol at Hachita on the 25th
of December last. Defendant’s counsel objected
to the indictment on the ground that four or
five persons could not be guilty of firing the
same pistol at the same time, and if they fired
the same weapon at different times or fired
different pistols at the same time this would
constitute separate crimes for which each
should be indicted separately. The court held
the point well taken. The district attorney then
dismissed as to all but Walter Birchfield. The
jury returned a verdict of guilty and assessed
the punishment at $50 fine for which Birchfield
felt quite thankful.