The weekly Arizona miner., 1872-07-20

defendant saying anything as to the result of the shooting l saw the defendant in front of the saloon before the shooting, and in Doc Moeiler's saloon not more than ten or fifteen minutes previous to the shooting. He had absented himself during the interval in which did not see him. l cannot say how many shots were fired-there was one l think there was three.
 Cross EzGmiaed.-I did not see the shoot lng-l heard report and saw the flash of fire arms. Myself, the defendant, and three or four other men were in the saloon to- gether drinking, we were standing talking together. Heard one of the party say, "what did you take my pistol out of my | scabbard for" Hopkins made this remark. l looked and saw the pistol in defendants hand asked Hopkins if that was his pistol, he said it was. l asked the defendant to give it to me, he did so. Hopkins asked me to give him the pistol as it was his. I told him would if he would put it in his scab bard until we went home. Defendant was present at that time. Hopkins promised me he would. l gave him the pistol. As he was Tn the act of putting it in the scabbard some other wor1s passed, at which Hopkins struck defendant on the head with the pistol and it went off The defendant then left the room, when l next saw him it was after the shooting occurred. did not see any weapons on the person of the defendant previous to this shooting. 1 did not see any hostile demonstration from defendant toward Hop kins in the saloon.
 Did not see defendant after he went out ot the house, until after the shooting by de- fendant, which was, as near as can state, fifteen minutes after he left the house. Cross eramination-My horse was by the deceased-do not know what he was doing there. When 1 went back my horse had been removed.
 By Cour-When Hopkins struck defend ant over the head with pistol, think the pis- tol went off accidentally. Hopkins went out of the saloon after defendant. Didn't hear any other shot than the one in the house. Chartes BrOioa being sUorn, says: l heard shooting in front of Moellcr's saloon. I look ed and saw the Mexican limping around, wounded. Didn't know who did the shooting, until heard defendants voice. Could not understand what he said. My attention was called in the direction of the shooting. 1 saw the flash of the gun. l only noticed the man that was shot. When 1 heard voice of defendant, it came from the place where de- fendant was. Heard the voice immediately after the shooting. Saw the defendant after wards, about twenty feet from HendersOn's store He was with Jennings and Dennis, who were taking him to jail. After the firing ceased, went over to see the wounded man. Did not see where he was wounded. Rubio fell before 1 left and went with the party which was taking defendant to jail. After taking defendat to jail, 1 went back to the wounded man; was absent five or ten min utes. He was lying very near where left him. l went after Dr. Kendall. Deceased was standing near post of the porch when the firing began staggered or ) feet back wards and laid down after the firing ceased. 1 could tell the direction of the firing from the flash. The firing was in the direction of the wounded man; the muzzle was pointed in direction of wounded man. When I re- turned, l saw two wounds in back of de- ceased; they were fresh. We carried tue wounded man down to Prescott House. saw him afterwards-about daylight same morning,-he was still living That was the last 1 law of him. Defendant said-when going to prison, when Jennings told him he had shot an innocent man,-he was sorry for it. Defendant said to Jennings: "You heard Hopkins say he would shoot me on sight. l want you to remember that" Defendant walked short distance and stopped to put on his shoes he gave no reason for having them off. saw defendant frequently that evening. before the shooting. Saw him about twenty minutes before the shooting outside.
 1 Cross eramination-Before the shooting by defendant. 1 heard a muss in the saloon. Defendant had Hopkins pistol. Moeller wanted them to give their pistols to him. When Hopkins got his pistol, he turned around and struck defendant and his pistol went off. Hopkins followed defendant out of the door. A great deal of jawing took place after this performance defendant not present. After Hopkins struck defendant in the saloon, defendant ran off. did not see him any more until he was arrested. Did not see defendant shoot deceased. Don't know who killed deceased 1 don't know of any difficulty between defendant and de- ceased. Defendant did not show any re- sistance when we were taking him to jail. | Don't know whose horses deceased was standing before; understood them to be Dennis and Hopkins.
 Direct ami,aati0n-Defendant, after being struck by Hopkins, ran out of the house. did not see him again until after the shoot ing, which was about fifteen or twenty min utes after he Jeff the house.
 Geo. Tinker being sseorn, says-I was pres ent for moment at the post mortem exami- nation of Rubio. I saw his body at the Prescott House on the first day of July. saw one wound in the side and one behind. I can not say which side. Dr. Kendall was present. I knew the deceased his name was YgnaciO Rubio. knew him nearly year. [. B. St. James, being s,oorn, says: A gun being here produced in Court got gun from Dennis on the morning of the first of July. Jennings and Dennis delivered the defendant to me; also, the gun at the same time. Defendant was present at the time the gun was delivered. Tae gun was delivered by Dennis at the time the defendant was placed in my custody.
 Cross eramiaation-That is the same gun that was left with me. had not known the gun before. I know that it was gun of that kind.
 F 4. Cook, being srorn, says-1 reside in Prescott, on Cortez street, at the Photo graphic Gallery. live on lot No. 9, 250 feet from the northeast corner of the Block. De fendant was lodging at my house July lst: r-