Arizona silver belt., 1892-09-03
EXAMINATION or ED rrwKsnunY

The preliminary examination of EC
 Tewksbury for the murder of Ton
 Graham he6nn before Justice Whart
 on, in Phoenix, on Monday last
 Much of the testimony was repetition
 of that adduced in the Rhodes exam
 ination.
 The defense scored an importan
 point at the commencement Wher .Dr. Helm, the first witness, was asked
 to state the conversation between him
 self and Graham, the defense objected
 to the order of testimony and based the objection on the declaration that
 the corpsua delie'j had hot been
 shown. True, Graham was dead; he shad died from a mortal wound, but
 the Territory had not shown that the
 inhiction of the wound was z crime.
 This must be proved before any state.
 meut of the dying man could be Ie- eeived in accusation against the pris- oner.
 The Territory attempted to show che fallaoy of this reasoning by citing . hypothetical case in which there were no witnesses but the murderer and the wounded man, and pointed out Che impossibnity ct producing the evi- dence demanded by the defense
 The defense produced authorities in support of the objection, and it was sustained by the court.
 NJ. A. Cravath testified that Tewks- bury resembled the man who rode past Cummings house, going east, few moments after Graham was shot.
 Miss Mollie Cummings identified Tewksbury as the man whom she saw behind Graham's wagon with a gun raised.
 Miss Grace Grifith corroborated Miss Cummings testimony, except in the Identification of the man seen be- hind the wagon. She said defendant looked like him.
 F, w. Butler, of Tempe, testified that Tewksbury passed his house Au- gust End, about half past five o'clock a, m, riding from the north He wore a straw hat with a dark red band.
 Dr. w. J. White, of Tempe, was placed on the stand. He looked at the and stated that he saw ''him or his duplicate,n on the morning of Aug End, at the Tempe Hotel. Wit ness had slept on the grass behind the beer garden got up between four and five o'clock and went into the hotel bar room to get Q cocktail The lar keeper mixed it and started to wait on others, when Tewksbury came in, took up witness cocktail and drank it. Witness kicked and said he was in a hurry, and that it was rather imperti- nent to drink another mans cocktail. said he was in hurry, too, and went off without paying for he cocktail To the best of his belief defendant IS the man who took his cocktail. John Rhodes was in the bar loom at the time Babe Harris, the 1arlleeper, told him the stranger was ancher who had been on spree for .wo or three days.
 Mrs. E. M Bumberg testified that he had known Tewksbury about if cen years. She saw him from her louse at the crossing of the read on he morning of Aug. 2nd, just before uurise
 On Tuesday, the only important 1 witness Introduced were F. C. Frank ,nburg, Orley stapaly and ". A, Kim all, who identified Tawksbury as the 1 nan they saw on the morning of Aug. d.
 Geo. Green, bootblack, testified that { le blacSed a mans boots in Tempe on l he morning Of August d and after ooldaG at Tewks5ury Fe was sure he ! was the man
 At Wednesdays session 4. J. How ! n, of Tonto, testified that he met a nan on the road, August 2d, nine niles beyond Jen Adams ranch. l huce and half miles beyond Me ' )owen. The man, as he rode towards | i'm, tool, out a rcd handkerchief and ! giped his face til he had gone by, SO hat witness did not zee who he was The man carried gun across his i addle
 Ms. Graham was called and her con [ -ersation with hcr husband admitted. . ie told her that he had looked over | lis shoulder and saw John Rhodes a. q ! d, TewksbUry about twenty-five feet i ,ehind, Rhodes in the lead. Both i aised their guns and fired
 Dr. Hart and Rev. E. G. Roberts we're called and testified that they ,eard Craham ray that Rhodes and shet him.
 There was no other important evil lence introduced
 C E. Taylor will keep full and stock of authorized school looks, which will be sold at the Terri orial price, for cash--no deviation