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Transcription
California Condor
Eben MacMillan
31 July 1964
bring in focus the need of preservation movements if condor are
to be saved. He tried to get me to state that this was my motive.
Following the cross-examination Binkley's attorney reminded the
Judge that I was no doubt an honest and conscientious man,
but had been [illegible] associated with condors while studying them,
that my instincts overdeveloped regarding the protection of these
birds and that I would be prone to see things in a light that
would condemn anyone who might even act as though he
would molest them.
Howard Binkley was put on the witness stand. By this time,
the hour was near 12:00 noon. The assistant district
attorney had to be at three other cases in Mojave at
1:30 p.m. Both lawyers went outside for a brief consultation
with the consent of the court and a statement from the court
that he would continue the case on past 12:00 noon
provided it did not drag on more than a few moments. Of
course the assist. D.A. consented to this. The defense
attorney must have felt guilty at having dismissed so much his
own way. When the attorneys returned Binkley was asked
to give his version of the shooting incident. He told
how he and his wife's brother, Burney Harris had seen these
two buzzards sitting in the tree, had hiked across the
canyon and sat on some rocks waited until the
buzzards came directly over them he shot towards
the buzzard that only doubled its speed as far as he
could say. Binkley at no time denied he shot at
a bird. His defense testimony rested on the fact -