The Tombstone epitaph., 1882-03-27
On the Body of the Late Nor
 gan 5. Earp.
Spence. stiilwelI. Frcix and Two In- dians alleged to he Implicated
 In the Assassination.

merouS readers and the pubic generally. It is seldom that a jury of investigation are enabled to bring out so strong an ar ray of evidence upon preliminary exam inatlon as in the present case Unfortu- | Lately for the cause of law and order, the violent taking off of Stilweli, at Tucson, on Monday night, has put him beyond the reach of earthly tribunals Peter Spence has surrendered himself to the sheriff and is now in custody. His examination will come up before Judge Wallace at 10 o'clock to.moriow morning.
 Certificate of tIie Coroner ", Territory of Arizona, county of Cocnise, ss: l hereby certify that the following and annexed papers cont;in il transcript of the testimony submitted to a jury ot ip- quest empanneled by me as coroner of l Cochise county, A. T., in the town of Tombstone, A. T, on March l9, 1SS2, to inquire into when, where and by what means one Morgan $. Earp came to this death, and that the finding of said jury was that his death was caused, as tney be. lieve, from the effect of q gunshot or pistol wound on the night of March r, 1882, by Peter Spence, Frank Stillwell, one John Doe Freeze and an Indian called Charley, and another Indian, name unknown. II. M. MATHEWS, Coroner Cochise County, A. T. EVIDENCE IN THE CASE.
 | Dr. c. E. GoOdfellow was the first wit ness who was called in this case and tes. .tifed to seeing Morgan $. Earp on the floor of Campbell & Hatch's saloon after he was shot. The doctor also stated as to | the nature of the wound, and the probable cause of death. Witness knew nothing of | the circumstances which led to the wound. | The wounded man lived from half to three. fourlhs of an hour after he arrived.
 Dr. W. s. Miller saw Mr. Earp before Dr. Goodfellow, and corroborated all the remarks of the last named
 | Robert Hatch was then sworn and testi. fled to having been at the theater on the night of the killing; that he went from there to his place of business and met Morgan Earp at the door, who salI, "I will play you game of pool" and they went to the back end of the billiard room and commenced to play; they played one | game and started on the second. Witness 1 had the cue in his hand, in the act of mak ing play, Was at the end Of the table next 10 the back of the saloon. Earp was at hls right and close 10 him with his back to the door. Just at that time there were two gun or pistol shots almost si- simultaneously, did not know at that mo ment where they came from, got out of range of the door, just at that moment witness saw Earp fall. In about eight or ten seconds witness passed through the card room into the back yard but could not see any one as it was very dark.
 SHERMAN W. McMAsTERs
 was present in the saloon at the time the shooting was done saw the shooting, but did not see Earp fail, as witness dropped on the floor at the time, expecting more | shots would be fired. Atlerward witness went with Mir. Holland out into the back | yard, but could see no one. He stated to having his own theory as to the gang who did the shooting, but mght be mistaken. D. G. TIPTON
 was next called, who testified to being in inc saloon, sitting near the1 ,taule where Morgan was playing pool, that on hearing shots witness ran to the front door, sup. posing them to have come from that way, he afterward went back and assisted in locking afer Morgan. They hal had no trouble with anyone during the day; had been at the theater, also had been warned | 10 look out, as some of them would catch it that night. Witness had been warned several times before, by business men es l pecially.
 PAT HOLLAND
 was in the card room at the time, sitting in chair close to the side door leading to the passage. On hearing the shot he ran into the passage way but could see no one | on coming back three men came out from the saloon armed, and fearing they might | take him for one of the men who did the shooting, he went around through the Oc- cidental He did not think anyone could have gone down the alley way to Fremont street, as he did not see them, and was out not out over eight seconds after the shoot ! ing.
 ISAAC IsAACs was in the saloon near the stove talking to some gentlemen. Saw Earp fall lmmc- | dialely after the shooting, and rushed out | with the crowd to sec what was the mat ter.
 MARIETTA D. SPENCE,
 being sworn, testified as follows: Reside
 in Tombstone, and am the wife of Peter spence; on last Saturday, the 18th of March, was in my house on Fremont street, for two days my husband was not home, but in Charleston, but came home about 12 o'clock D. m. Saturday. He came with two parties, one named Freis Ger. man don't know the others name, but he lives in the house of Manuel Acusto Each one had rifle. Immediately after arriving, he sent a man to take care of the horses and take them to the house of Man. uel Acusto. They then entered the front room and began Co converse with Frank SilweE. When they finished, Frank Slil. well went out and Spence went to bed. This is all that happened that night. Spence remained in bed until o'clock a. m Sunday. Freis slept there. The other man went to his house on Friday and stayed all day; went out Friday night. but returned in short time to sleep. Sat urday he was out all day and up to 12 o'clock at night, when Spence came in. ~.