Arizona republican., 1896-06-28
FOR THE SMITH MURDER. Examination of Three
 Suspects. Only Circum Stantial Evidence
 g AdduCed. ; 4 Courtroom Crowded by interested Auoitors-Decision Reserved
 Till Monday Morning.

Yesterday afternoon Justice John stone completed the examination of Howard Withrow, John Averisch and Jim Williams, charged with murder in the killing of Frank Smith early on the morning of February Il, 1895. The matter was by the court taken under advisement till Monday morning at g..
 The examination was held in the dis trict court room, which was crowded with the curious, for there are many people interested, either through ac- quaintance with the murdered man or as sufferers in the wholesale goods traf- fic of the two defendants.
 Defendant Williams was represented by Edward Goodwin of Tempe, De- fendant Averisch by George Purdy Bullard, and Withrow, the negro, chose to conduct his own defense.
 The testimony dragged and was lit tie of any directness. Williams was placed on the stand in his own behalf, cross questioning developing the fact that he had first met Withrow in Yuma penitentiary, where both were prison CTS. Williams had been convicted in Gila county of murder in the first de gree, back in '85, but had a new trial ordered in his case and change of venue granted in Maricopa county Here he was convicted of manslaughter and sentenced by Judge Pinney to ten years in Yuma He served but a short time over half his sentence, being par doned out by Governor Irwin, after which he came to Phoenix. At the time of the murder he was frequently with John Averisch,, who kept sort of road house, though little more than a brush shanty, next the Grand canal, half a mile east of the house wherein Smith was murdered. The negro, Withrow, was an employe at the time of Averisch.
 The prosecution showed that Will Hams and Withrow were absent from the Averisch establishment the night the murder was committed and that Averisch himself, according to the tes- timony of his wife, was out for large portion of the night. She testified that she heard shot about 4 in the morn ing and that her husband was with her at the time; but the murder took place at about twenty minutes before 1 a. m. The murder was done with a 32-caliber pistol; such a pistol was known to have been the property of Withrow at the time of the murder and was found on him when he was arrested at his camp near the river, couple of miles south of the Averisch place. Williams had a curious walk, probably on account of a leg that had been broken The tracks in the dust, where the two murderers ran across the road in front of the Smith house, showed such an impress as might have been made by a man so afflicted. The boot tracks were the same as might have been made by ac- cused Williams and Withrow, who wear sizes 8 and respectively.
 The goods found at the Withrow camp had nearly all been stolen at night in raids that embraced almost every portion of the valley. Was it not natural that they had heard that Zanjero Smith was to have large sum of money in his house, in the idle talk about the Averisch doggery and was it not in their line to make a night raid upon it, shooting when they found they were recognized by the man whom they came to rob-?
 3 The above deductions and many more were presented by District At torney Millay in charge of the prose cution, and were answered by Attor- neys Goodwin and Bullard with point ed argument showing that their clients could not be connected by any direct and legal means with the crime. Alibis were attempted on the part of both, but did not cover the critical night and early morning.
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