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Contributed by Museum of Vertebrate Zoology, University of California, Berkeley.
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Transcription
California Condor
Eben McMillan
31 July 1969
that he shot at a bird which he took to be a Buzzard.
His attorney in questioning Mr. Binkley kept dwelling on this
feature of the case. That there was a young fellow who
was not trying to hide anything, did not hide nor try to
run away when I approached him following the shootings,
nor has he denied that he shot at a bird. Thus it stands
as sound evidence that this man Binkley did not shoot
at any Condor knowingly but rather shot at a
Buzzard instead. Both attorneys tested their cases here.
The Judge ruled for acquittal on the evidence presented.
He said that the plaintiff did not prove beyond a reason of a doubt
that the defendant had shot the Condor. That he had some
experience and knows that large birds, when shot close
to, will dip their wings and dive, and that without
a corpus delicti, (the body of the bird) it was very difficult to
attach the crime to the defendant.
The judge also praised the defendant (Mr. Binkley) for his
honesty in not leaving the Country when the judge waived his
bail. He told the defendant "You said you would be here and
you came!" "I must encourage you for your honesty". He
made no mention of Mr. Binkley being ten minutes
late for the trial. The trial was over and we left the Court
at 12:15 P.M.
On the sidewalk outside Judge Woods said to Warden
Reed, Warden Tharp and I, that, this Case, (The Howard Binkley
case) had been tried and finished several times in the
press before the defendant was ever Arraigned. He -