Part 14
The San Angelo Morning Times reported on November 6, 1934, Page 1, 10
SAN SABAN TESTIFIES TWO BEAT ROBERTSON, VICTIM PLACED ON SIDEWALK IN FRONT OF CLUB, Calvin Daniel, Star Murder Witness, Accuses Nath Sellman, first blow struck by Hamilton Brown, Doctor Declares Injuries Not Caused By Fall From Window. By Sam Ashburn SAN SABA, NOV. 5 — San Saba’s big red courthouse stood them in the aisles and sat them in the windows today as 14 state witnesses testified in the trial of Nath Sellman, former cowman, onetime marshal and deputy sheriff, charged with the death of Will Robertson in August 19343. Fielding Hammond, district attorney for 10 years, a man who has never lost a murder in his district, and J. Mitch Johnson, special prosecutor, used two of their number one witnesses today.
Calvin Daniel said that he, Sellman, Morris Lusty and Hamilton Brown were in a vacant lot when Robertson and Rupert Maultsby approached their automobile. Robertson had words with Brown and the latter jumped from the car and struck Robertson on the head with a pistol. Daniel testified that Sellman also struck Robertson with some object unknown to him.
The men took Robertson to a filling station and attempted to revive him, Daniel testified. Finally, Robertson was carried to a point in front of a barber shop, where they he was left sitting on the curb with his feet on the pavement. Moris Lusty to Testify. Dr. Charles Phillips of Temple declared that the injuries causing the death of Robertson could not have been received by a fall from the windows of the San Saba Club in front of which he was found early the morning of Aug. 6. Two days later he died in a Temple hospital. Phillips said had Robertson fallen from the window there would have been a more complete skull fracture than was found in the autopsy. Today the state finished at noon and will present Lusty, who with Daniel is also charged in the death of Robertson, both of whom have been reputedly granted immunity from prosecution.
The case is expected to close sometime Thursday with the defendant taking the witness chair probably Wednesday. Jim Baker and Raymond Gray defense lawyers, said. The Sellman defense will be an alibi, it was said. R. J. Jackson, Mr. and Mrs. Buddy Dorsey Jeff Lewis, Jow Ellis, C. H. Biggs, J. K. Kelly, North Millican, Dick Keyser, H. C. Timberlake, J. D. Carter, Dan Waddell, were other witnesses for the state, which has called some 40, while the defense has about 50, some of whom are character witnesses.
Sets Time At 5 o’clock — The state’s contention is that Robertson was beaten fatally on a lot near the picture show building and was carried to the place where he was found. It sought to show by Biggs that Robertson was not on the sidewalk at 5 o’clock on the morning, but that he was there some 30 minutes later. By this the state sought to set time of any attack on the man at about 5 o’clock. Sergt. Jim Osoba of the Rangers is here for the trial. The state interrogated the jurors selected last week as to their views on the death penalty…. 49