Arizona republican., 1897-12-08
THE DOGS GOT IN.
The Prosecution in the Phillips Case
 Regains Lost Ground.

The Prosecution in the Phillips Case
 Regains Lost Ground.
 The territory yesterday regalned part of the ground it lost in the Phll- lips arson case the day before. The secured the admission of the testimony uf Al Galpin's blood hounds, Tuck and all. Tuck, by the way, is the chief of the pack and he is now familiarly alluded to in court by his Christian name.
 When Judge Street excluded the evidence of the dogs the day before he allowed the prosecution to bring in authorities in support of its conten- tion. Judge Kibbey returned yester-- day with applicable decisions by courts in Ohio, Alabama and Georgia. Upon this showing Judge Street determined to admit the testimony as competent, leaving the jury to judge It's weight and reliability.
 Judge Baker, for the defense, urged one final objection, that it would be impossible to cross-examine the dogs.
 This was met by Judge Kibbey, say ing that upon the same theory, in the case of an action growing out Of the killing of man on a railroad track by a locomotive, the locomotive cOu not be taken into consideration, since it could not be cross-examined. But the testimony of the dogs having been decided to be competent, the chief at tack of the defense was directed against it's reliability and all subse- uuent witnesses under cross-examina- ton were driven to the point of ad- mitting either that the dogs were in- efficient or else that the witnesses knew nothing regarding blpodhounds in general or about the efficiency of these alleged bloodhounds. Judge Baker sought to show that the dogs after having taken the trail at Fthil- lips store a short time after the dis covery of the fire, proceeded directly to the Dublin corral and attacked a sleeping man, who drove them off only after a fierce fight He tried to show that subsequently the dogs in- stead of running by scent were pro- ceeding by conjecture ald were put upon one trail and another until at last they were put upon Phi lips tracks. This system of attack indi- cated that when the defsnse's side of the case comes a general assault will be made upon the repu tation of the hounds.
 The first witness of the day was Officer Al Galpin, the owner of the hounds, and he was asked if he knew the characteristics distinguishing the Cuban bloodhound from the spotted or ialegitimate bulldog. His reply was said by the defense to be evasive and expressive only of uncertainty. Mar. shal Hooker succeeded him on the stand. His testimony related only to the condition of things at the store when he arrived there and to the pur- suit by the dogs The next and last witness was Officer Hale, whose evil dence was much the same as his pre- decessors. On account of the long and severe cross-examinations, these three witnesses rounded out the day. There are only three more witnesses testify to the condition of things at minutes after the fire was discovered and extinguished by Officer Bailey.
 In the midst of the examination oi one witness Juror Miles was observed to be vigorously nodding what at first
 
 statements of the witness. Juroa Miles as a matter of fact was missing a great deal of valuable information about the canine kind. His eyes were closed; he was on the thither side oi the border land which lies between wakefulness and sleep. The court stopped the proceedings and directed Juror Miles Ito awake. The juror nod ded his obedience to the courts in structions, but he did not return tc this busy, every day world. The bailiff was directed to go int othe jury box to resurrect him. He did so wi.f great difficulty and almost literally He had to nearly lift him out of his chair, for shakings by the shoulder i were intellectual. The juror, when he was fully reused, said he had not been sleeping. He had heard if not seen everything bearing on the case. He may have dropped of for a moment to the extent of closing his eyes, but his mental faculties all this time had had an attack of insomnia. As Juror Miles was under oath, his explanation went
 Sick-poison is poison which makes you sick. It comes from the stomach The stomach makes 1t out of undi- gested food
 The blood gets it and tain.s the whole body with it. That's the way of it.
 The way to be rid of 1t Is to Iool after your digestion.
 If your food is all properly digessed there will be none left in the stom-