Arizona republican., 1901-09-25
Coroner's Jury Said the Shoot
 ing Was JustifiabIe
Nevertheless. George Mcdonald, Who Killed the Circus Man, Was Ar rested, Charged With Murder
 Examination Will Be Held Today.

city of deputy constable was concluded yesterday afternoon. The jury return ed a verdict stating that the shooting was done in self defense and was justi- fable.
 Late in the afternoon warrant was issued from Justice Gray's court for the arrest of Mcdonald on a charge of murder. The warrant was issued from the district attorneys office. MT. Me Donald was put under s1.o0o bail for his appearance at a preliminary exam ination at ? o'clock this afternoon. Adolph Liebenow and Andrew Barry became the defendants bondsmen.
 The evidence brought out at the in quest disclosed no facts different from those printed in the Republicans story of the shoting yesterday. The first witness was L. Ewing, known as 'Yel- low" out of whose quarrel with Gar dner the shooting grsw. Ewing said he had been employed by the circus as q -canvas man. About o'clock on Monday morning afte- the arrival of the show in Phoenix he was sleepinl; on top of one Of the wagons when ed him away. Words passed between them and later in the day Gardner gave | the witness another roasting. Tn consequence of his troubles with Gard ner Ewing said he determined to quit the show and try to get a job on the grade of the Phelps, Dodge X company ! railroad. A little after midnight while
 the circus train was being made uo | Ewing went down to bid some of his acquaintances good bye. While he WIS
 talking to William Numbers, a top can
 vas man Gardner. he said. approached him with a club. Numbers cried Look out, Gardner is going to hit you.' ' Ewing lodged in time to avoid blow. | The next time he received a stroke on the forehead and was knocked down. When he got up he started back after an officer remembering having ssen
 star on a man a few minutes before. | He returned with Corstable Martin
 and Mcdonald. By this time Gardner
 had changed his club to his left hand and was holding n revolver in his right
 He aimed it at Ewing. Martin and | Mcdonald ordered Gardner to- drop his gun. He merely changed it's direction
 sweeping it around until the muzzle
 nearly touched McDonald's breast. Me 1 Donald fired and Gardner fell forward | in a heap. his gun falling from his
 hand before he sank upon the ground. l Numbers the top canvas mar corrO- i borated the story of Ewing as to all in
 cidents related by him except those inn
 mediately proceeding and attending the
 shooting. He was standing back anl
 did not see clearly but he heard the | order of the officers to drop the gur. 1, The story told by Constable Martin agreed with Ewing's as to all the facts
 of the shooting and he said in addition
 that after Gardner fell he picked up his
 gun and found it cooked.
 Thos. Jacobs, supply train man of the M & P. was a witness but he was 15O feet away and could not see wEa. happened. He only heard the shoot ing.
 Dr. H. A Hughes testified as to the ! character of the wound. The bullet.
 .45 calibre. entered the left breast about
 three inches from the nipple. It
 passed through both lungs. cut the
 aorta, passed out of the right side ana
 entered the right arm crushing the bore
 just below the shoulder and lodging m
 the muscles of the outer arm Dsath was practically instantaneous. being
 produced by a hemorIha haze.
 The only point not clearly established
 and not an essential one in the cir
 cumstances showing Mcdonald to have
 been in great danger. was whether
 Gardner had an intinIation that Mar
 tin and Mcdonald were officers. Mar
 tin said that when Mcdonald came up he cried Drop that gun. we are off
 cers!' Martin wore small star by
 which Ewing had known him to be an
 officer.
 "A telephone message was received
 yesterday afternoon from one of the Ringing Bros- at Tucson. He said the | company would pay the expense of en- i balming Gardner's body and sending .t to Harvard, H.. where his mother and two sisters reside. The circus would r not be ble1 for an eXtortionate sum. : He was informed by Merryman & Hol- . ley what it would cost and the remains , were ordered to be prepared fer trans 7 portation.
 The Ringlings also inquired the re-
 suit of the inquest and were informed . of the verdict and also of the later ar : rest of Mcdonald. They said that they , would employ Baker & Bennett to as-
 know when the examination might be held that they might send witnesses back.
 A great deal of matter not suggested I by the evidence at the inquest is i;1 : circulation. There is story tha; . Gardner had no gun at all when he Was . shot but was armed only with the clut . with which he had hit Ewing. It is I said that a detective belonging to ti:= = show was left behind to gather up evi- s dence which will be brought out at tho
 examination today.
 I Two stories are told regarding tn. = character of Gardner. William Mum l bers testified that he was of a quarrel . some disposition and that hls temper 5 was bad his violent death had beer ? predicted. Yet after his death three = men who had worked under him wep @ over his dead body. That he enjoyet = the esteem of Ringing Bros. is certain
 but, for the position he filled. man O