Arizona republican., 1901-11-08
STORY OF A TRAGEDY
A Part of the Tale of the Death
 ofE. P. Gardner
The Prosecution in the Case of Geo. Mcdonald Closed It's Case Yes terday and the Narration of the Defense Was Begun.

train watchman of Ringling's circus, early on the morning of September "A, was the only event in district court yesterday and the principal one of the term. It progressed so Tar that at the hour of adjournment the territory had put in all of it's testimony and the de- fense offered the deposition of Lee Ewing, stranger, but for whom the tragedy would not have occurred. The evidence added little of interest to the stories brought out at the coroners inquest, the preliminary examination of Mcdonald and the subsequent trial of the circusmen, Numbers and Ewing. on charge of disorderly conduct.
 The trial was devoid of sensational incidents. There was no rigorous and disintegrating cross-eXamination and very little pickering among the attor- neys. When the lawyers came in con flict the ending usually produced Q. laugh. For instance, late in the after noon when Judge Kibbey was raising objection to the defenses cross examination Captain Alexander told him to keep still. II will not keep still,' replied Judge Kibbey. You will if the court tells you to-" said Attorney Bull lard with a triumphant leer. Yes re- piled Judge Kibbey. If the court tells me to-
 The first witness caiied was s. A. Holley, undertaken, whose testimony was confined to the condition of the body of Gardner when he saw it. The other witnesses of the morning were Fred Phelps. engineer; C. T. Thompson. fireman; J. Frazine and O. H. Scrivner. trainmen. all of the Maricopa & Phoe- nix railroad. some of whom were near the scene of the tragedy when it oc- .r11a n as soon as possible after the shooting. The importance of their testimony lay in the fact that. though some of them were about thirty feet from the place where the trouble started, wher. Ewing said Gardner had knocked him down, for which act he had gone after the officers to arrest him, none of them had heard of any such disturbance; had heard no loud or unusual language.
 C. w. Myrick, a bridge carpenter, and Thomas Jacobs a brakeman, testified more particularly on these points than any of the rest of .lre witressgs of thu forenoon. Neither of them arrived on the scene until a minute or two after the shooting. They said they heard no challenge by Officers Martin and Mo Donald. The only sound was the shot by which Gardner was killed. Their testimony related largely to the posi- OI the DOuy, Wnlcn when they GarnG up lay as it had fallen.
 City Marshal J. H. Kinney's testi- mony. possessed a certain interest for the reason that Mcdonald was acting in the capacity of an officer when he approached Gardner and was wearing q star The marshal said that he had given the defendant the star on the morning of September 23 without con fering upon him any official authority. He said the defendant had asked him if he had old star that he might wear so that ne could get into the show.
 Dr. H. h. Hughes, who had exam inc dthe body. testified to the fatal character of the wound inflicted upon Gardner.
 The principal witness Tor the terri tory, and who has been called the star witness, Roy Cartledgc, was called early in the afternoon ana was kept on the stand until within half an hour of the adjournment. He said that after the close of the show he went to the M. & F. yards. intending to go to Tempe. and found that the train had gone. He came up town and got lunch and then returned to the depot. He stopped in front of saloon opposite the depot and Constable Martin and the defendant were standing there. A com pany of showmcn passed and McDon- aid remarked about them and said something about fixing them" though his language and manner were not angry.
 The witness went on up to the show train, saw Gardner and had some talk with him. Gardner was sitting in T side door with his club under his right arm. The witness went forward and returned to the car where Gardner was and leaned against the car ten feet from him. In the meantime Gardner had, got out of the car door and was leaning against the car. stIII holding his club under his right arm.
 The witness saw four men coming up the track. The two in front were Mar tin and Ewing. Mcdonald was a shor, distance behind and thirty feet in the rear came Numbers. Martin anJ Ewing passed Gardner. when the latter turned and pointing to Gardner, said:
 There's the damned fool" or in the language of the witness. words to that effect.
 Gardner took his club in his left hand and advanced toward Ewing with his right extended. but the witness saii there was nothing in it, of that he was
 sure.
 The witness had his eye on Gardner and did not observe Mcdonald, who had come up to him. Gardner turned and brought his club down on McDon- aids left shoulder. holding his right hand in the air with his finger extend ed. The witness was certain that there was no gun in his right hand. Then came the shot and Gardner fell forward on his face. The witness said that in all this time the only words that broke the silence of the night were those of Ewing when he called the attention of Constable Martin to the presence of
 Gardner.
 Constable Martin stopped over the body and, shaking the coat of the dead man and reaching under it, rose up