Arizona republican., 1901-09-18

then told him not to talk too much or he would arrest him, then he jerke,ihim off the side walk and hit him with his gun; that Lucas made no resistance, and only put his hand up to his bleed. ing head; that he, the witness. then ad- vanced and told the officer to arrest his bro.hsr as a gentleman. and that al that time he felt DOW on the back of his head. and turning, heard Porter say. You are under arrest" that he answered "AIl right. but don't kill me" On cross-examination he said himself and brother were yard or TWO apart: that neither resisted the of ficers; that he had no enmity against them. Asked if he had told Lee Red wine that he nor tLe police could ar rest anyone in his house. he said mo- Asked if he told George Mcdonald that
 he had it in for the police, he said no.
 The prosecution res.sd and Joe Bush was put on the stand for the defense. He tod the story of what happened after the patrol wagon arrived about as it has been previously given. ex cept in regard to the arrested man. he said that one of them used profane and vulgar language because water was not brought to them quick enough to suit him. He was then asked if the police had had previous trouble with he Magnan!s. and Mir Baker objected Thsn followed the argument of at torneys, Mir. Bullard finally being all lowed to proceed. Mir. Bush said the reputation of the Magnanis for vio- ienee was bad.
 Lee Redwine, deputy constable tes- tified the same thing. and said he was told by A Magnani that neither he Tor the police could arrest a man in their houses. George McDona,d. Con stable F.. H. Martin ani Policeman O.. w. Lawrence all testified that the rep utation of the Magnanps was that of being violent and bad.
 MT Russell, the defendant in the case. was placed on the stand. His testimony was very differ=nt from that of the ten witnesses for the prose cution. and on important points. His story of the incident, in short, was that he and Porter were on their usual rounds when they saw a crowd at the Red Light, most of whom were drunk. and one Espinosa was looking for a fight. The officer told him 70 go hone or he would arrest him, and as he did net go. the officer made his word good, taking the man across the street, while MT Porter went to Bordonis to teie-
 phone for the patrol wagon. An em- pioye of the Magnanis came out and 
 tiring the officer heard loud cursing. and Lucas came to the sidewalk swing ing his hands. cursing and using vul- gar language. Witness went across the street to the place, leaving his prisoner wi h Porter and told Lucas to stop his noise or ne would arrest him. Lu- caS advanced. cursed him and said he would throw him into the street. Witness then saw A. Magnani coming toward him with a white handled knife in k.s hand and iIaking at attempt to catch the witness collar Wines
 pulled his gun and struck at A. Mag nani but missed him. Than Lucas caught the hand of witness, who jerl<ed loose and struck him on the side of the
 head. Then Porter came up ani took
 care of A. Magnani
 Wi.ness denied that Lucas was standing with folded arms. and denied | t=ling him to clear the sidewalk. and denied the alleged answer to that all | legged order. He a.so denied that Lu- f cas said he would submit to arrest and | said he struck him because all were | closing in around him and he was afraid of the o:her mans knife. He also saif that Porter and A. Magnani
 were facing each other when the | former struck the latter
 On ercss-examination he said he was certain A. Magnani had a knife, but saw no arms on Lucas. He also
 said that he had told '.he man he was
 under arrest previous to the fight. and | that Lucas pushed him twenty feet | into the street. Asked why he did nc'
 cal some one to help him, he said