Arizona silver belt., 1892-08-20
THE RncDps rxAu.SAnos.

NO'iiiNSiN IT 1iistI dI1Itlg bp felute lH Il testimony of witnesses for the pros, e cution, raised few objections to tn
 evidence given in, although some Of
 was of questionable propriety On Thursday it was brought out i , the hearing that the alleged dyin statement made by Graha1a was r,yth The document which had bee alwaya spoken of by the friends O GrTlam as his dying statement, prove, to be nothing more than Q crimina complaint accusing Rhodes and Tewks
 bury of the shooting, and signed bl
 Graham with a cross. The quer,
 arises, if Graham was conscious anC
 able to talk for several hours before h,
 died, why could he not have signec
 his name almost as easily as to have
 made his mark? He was an intelligent
 mar aud good penman. Graham's
 conversation with his wife. Chas
 Duchet, Dr. Scott Hel,u, John J. flick,
 ey and others was admitted as evi.
 dence, and showed that Graham had
 talked a good deal after he was shot. 1 The prosecution rested its case on Fri
 day, and witnesses for the prosecution
 were introduced The Gazette says:
 much off consisted of the crudest
 chalk diagrams, yet the testimony was important in the extreme, for fit be
 not offset in the rebuttal, Rhodes has
 established a strong doubt as to his l guilt"
 Mrs Fisher Bailey and Miss Della
 Cummings testified that on their way
 to Tempe they passed Robt. Bowen,
 John Rhodes and Mexican ar Wla
 R Lewis place, two miles south of
 town and one and a hal2 miles from the scene of the murder This was ct
 about S;2O a. m. 4 few minutes after this Rhodes passed them on bis way back to Tempe
 Robt Bowen testified Go having started a few inmates after 7:20 a. m. ac5onpanied by Rhodes, for Lewis pasture to loo, after cattle. The rode on to Lewis house accompanied part of the way by John Bunch, and on the road me Tom Goodwin. Negr Lewis hey found soma lpuao stock in 6hc road ana drove them tbrolgh a break in tho fence, assisted by RoDt. Miehels and Rafael Lopez. Just after this they met Mrs Bailey and Miss Cummings Then Bowen sent Rhodes to Tempe with a message to dr Penn. The tifis covered by Boweasa tessirio ny is from a. m. to a1out 20 a. m The murder occurred about 7,2O a. n.
 Sylvester Roach testified that he fsg coo' omN'lcyedat camp on the road a mile east Of Crahan's and about mile and a quarter from the place oG the murder. On that morning Graham passed the camp at about 7.05 10.
 Frank and Ed. Jones and Wm. Ap- ley testified to seeing Rhodes horse when he returned oo the corral at about a. m., or a few minutes 5olora. Tha horse showed no signs o hard riding and was not sweaty, except under Che 5addla blanket Apley heard Adams ask Rhodes [ he was on tno war path. and hoa q Rhodes angwer 'vou be liu'
 Cleo. Reynolds testified to seeing Rhode when ho returned 10 Tempe. md that he appeared Joe not at al sxci'ea
 The taabiuouy of the defendant Rhodes was almost identical with that of Robt. Bowen. Witness had no WincheaJer but carried 45-calibaf Colts revolver in Che waistband Of his pants. He did not kill Tom Graham 'r iniure hair of his head. He haa cen Graaam at Tempe several uma8 dnea July 18th, when he anne there.
 The case for the defanse closed on Inc 18th, with the testimony Of Ben. Goldman, which related sol-lv to i. Rhodes pass,ng Gcldman's dore. ec nq west, between and 2 . cioca on he morning of the 2d.
 The prosecution, under the pratsxt ,f introducing rebuttal evidence, and .fter two witnesses whose evidence i vas unimportant had testified theu Mir, Frankenburg and Geo. ireen who testified to seeing Tewls- 'ury at and near Tempe on Aug 2d. ( 'his unheard of proceeding intro Iucing evidence against man who vas not on trial, and which had no 'earing whatever upon the Rhodes r ase. was, naturally, objected to by he defense, But the objection was < verruled by the Incompetent ju. tie \ f the peace hearing the case. There 5 no justification or excuse for such a : rocetVre, as Tawkabury was in the 'hGnix jail at the time, and his wit esses present, awaiting hearing. 2 The testimony of witnns5es Franir- J nberg and Green vas oI aimsy D baracter Neithar was aoouaiated h ,ith Tewksbury The former test fled O hat Che man in jail tTewk5bury vas i. he same whom he saw on the road af- D ar the shooting of Graham The boy 2, ireen testiaed that h. blaeked 9 mans i cots at o'clock on the morning Of q -ug, 2d, in Tempe, and that the man h ] jail was the same whose boots he q ad backed ' Mr. Thomas Batte, editor of the -raphic, Tcxarkana, Arkansas, has e