Arizona republican., 1901-11-09
ORATORY AND VERDICT
All That Remain of the Me-
 Donald Trial
The Last of the Testimony Was Put in Yesterday Afternoon - The Defendant Himself Tells How Gardner Came to Die.

The last of the evidence in the Me Donald murder case was put in yester- day afternoon at o'clock, when brief recess was taken to allow the attorneys to prepare their instructions. That was found to be a more time-consum- ing matter than had been expected an1 at half past three an adjournment was taken until o'clock this morning. The order of the arguments has been agreed upon. Judge Kibbey will open for the territory and he will be followed by Capt. J. L. B. Alexander for the de- fense. He will be followed by Deputy District Attorney w. P. Richardson for the prosecution and George P. Bullard will close for the defense. The case for the territory will be closed by Distric5 Attorney Edwards.
 It is quite unlikely that the case will reach the jury much before night, so that unless the members have been making up their minds as they have gone along they will spend the Sabbath in the custody of the bailiffs.
 Yesterday was a day of contention among the attorneys. Every step was hotly contested and the clashes at arms were generally acrimonious, frequently more so than the circumstances actu- ally required. The first collision oc- cured when the defense tried to put Justice J. M. Burnett on the stand. Justice Burnett was the acting coroner at the inquest of F. r. Gardner, the man killed by Mcdonald, and at which inquest the defendant was exoneratcd. Justice Burnett also issued the war rants for the arrest of Ewing and Numbers. two important witnesses for the defense. after Mcdonald had been held to the grand jury from Justice
 
 been arrested for complicity in the killing of Gardner. had been discharged by Justice Gray and their second arrest was made to prevent them from leav- ing the country
 The purpose of the defense in calling Justice Burnett to the stand was pre- sumably to call out certain information regarding the testimony of a witness for the territory at the trial of Num- bers and Ewing and which had since been contradicted and denied by the same witness. The admission of Jus tice Burnett to the stand was vigor- ously resisted by the prosecution, and if was at this point that great desi pi is .ternes manifested. Jild. ,. kibbcS cas- -c.re reflection on the 700 |. faith of the ploV,s nent for the arrest or Ewing and Numbers. Attorney Bul- lard asked Mir. Burnett if it had ever come to his ears that the original charge against these men had been dis missed by the district attorneys office in order that they might be run out of the country. Mir. Burnett replied that he had heard so. and it was a this point that the unfriendliness reached it's height. It became necessary for the court to interfere in the interest of peace and good order and for the pres ervation of the comity supposed to exist even among opposing attorneys.
 MT. Burnett's testimony added little to the general stock of information, and Mrs. Matte w. Loraine tn. stenographer at the trial of Numbers and Ewing. was called to verify the record in that case. The next witness was Constable F.. H. Martin. who was with the defendant at the time of the killing and was the officer to whom Ewing went to have Gardner arrested for an assault upon him. In the main Martins testimony was the same as that of Ewing. which had been offerci by deposition on the day before. Mar tins testimony was more important on one point. the finding of Gardner's gun after he fell dead. He Is the witness who is said to have picked it up from the ground. He did not find it. as iI seemed to Cartledge, the principal wit heSS TOT the uelenSe, III the deau man ; clothing or under his body. but on the ground about a foot away from his foot It was full cooked, and when the witness picked it up he showed it to Mcdonald. saying: Heres his gun. George. and it's cooked"
 The rest of Martins testimony re- lated to the incidents of the next two or three minutes and the arrival on the scene of the trainmen and others who had been attracted by the sho.. The revolver and the cartridges found
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