Arizona weekly citizen., 1883-12-15

at time of shooting; heard the shots; sal
 still; saw Buttner passing down the
 street.
 Geo. Huston-Reside in Tucson; am ' barkeeper: at the time of shooting Cl
 Levy was near Palace hotel; walked up
 there two or three minutes before the
 shooting; thought there was gong to be some trouble; saw Mover, MCrpEy and ! Gibson going toward the Palace from | the Fashion; the last l saw of them was ar the corHer: Greene and Gabriel were with them; Gibson had a revolver in his ! hand; followed a quarter or q half a block behind; saw Levy come toward | the door; then 1 went down she street, as l dldnt want to see it; did not see the shooting; afterwards saw Murphy come to Captain Johnson and say: "I done it. saw Levy at the bOOtblack stand; saw him go into the Palace; don't know where they were then.
 Captain Johnson testified that he heard the shooting, about 250 yards of; went and searched Leyy's body, and found no weapons.
 James Spain was called, but stated he knew nothing of the case.
 The prosecution then announced that they were closed.
 The court took a recess til o'clock on account of the temporary illness of the court reporter, w. If. WestcOatt
 A question came up as to the where abouts of Murphy s pistol. It was taken from Murphy by Chief Buttner and de- livered to Judge Meyer, who in turn de- livered 1t to Deputy Sheriff Ward. The last named person IS out of the Ter rafa -,1 Er1a r~l. Tk
 On tine rsassem bling of the court last evening the entire time was taken up ID reading ths testimony of deceased or absent witnesses.
 The prosecution said they were una ble to find George Duncan, the man who had lis arms locked with Levy. l when the latter was killed. The defense l retorted that the prosecution was not as | dihgent as it might be.
 THURSDAYS SESSION.
 Court opened at To o'clock.
 Robert Warburton was the fist wit ness sworn. He testified that George Duncan. Levy's partner, loaned him pistol, which he returned to Duncan previous to the shooting.
 Peter Gabriel was recalled and ex- plained the position of parties during the shooting.
 Question by juror-Did you see any shots fired after you saw Mover:
 No. sir.
 Mir. Fitch then offered list of wit nesses and the facts by which he e1- pected to prove by them.
 Defense objected on the ground of in irrelevancy and immater- llity.
 The court sustained the objection of he district attorney.
 The deierse excepted in the case of each witness.
 Captain Johnson, recalled-Nas po- lceman at the time of the shooting; iaw Mover once after; heard him make 10 statements.
 oss-examined.-Didn not hear Mover ay anything; he may have said some hing l did not hear; II was about an lonr afterwards.
 Mr. Campbell read frum the phonog- apher's report Of Captain Johnson at he examination. tAEAaAN J lllHbu.-l uA- LoL dELEAl ailN ] f the defendants. Mr. Fitch read the testimony of Mrs. J. $. Halstead, whom the Sheriff had '. eturned as being in San Francesca. MT. Campbell objected on the ground ] f its being incompetent, irrelevant and mmateriaL The court sustained the objection, and i he defense noted its usual exception. i Another part of her testimony was o bjected to by the prosecution. The ' ourt sustained the objection. Defense ' Xcepted.
 \ long lot of offers, objections, sus- ainings and exceptions followed
 C. II. Meyer, recalled.-Acted as ex- a mining magistrate in the case of Mover {, Mr. Fitch asked Judge Meyer ii he !, remembered a certain statement made ! (, y Murphy. Prosecution objected and ', Durt sustained. it lI:40 o'clock Mir. Fitch said, "NTe |, est" Recess till l.31 o'clock. U