Arizona republican., 1901-09-26
The Preliminary Trial of
 George Mcdonald
Witnesses for the Territory Contra dict the Stories at the Inquest in a Negative Way-A Decision This Morning.

 took place in Justice Grays court The preliminary trial called out q crowd which filled the court room, an adjoining room. considerable section of Wall street and the yard in the rear of the court room.
 The defendant was represented by Messrs. Bullard and Alexander. The case on the part of the territory was conducted by District Attorney Ed wards and his assistant. Judge Kibbey. A coroner's jury the day before had he'd the killing to be justifiable. hay ing been done in self defense. It was the theory of the territory that the coroners jury had erred in producing such an sXonerating verdict based upon the evidence of parties all of whom were to certain extent interested. |: was therefore attempted to show th1t the killing was unnecessary, that Gardner was not armed with a deadly weapon at the time he was shot that nothing had occurred warrant.ng the interference of Officers Martin and Mo Donald. and that Mcdonald was not properly acting in an official capacity.
 The first witness was J. E. Frazine. an employe of the NJ. & P. company. He was about 400 feet west of the place where the killing took place. He saw the officers with Ewing and Numbers pass him going toward Gardner. When the shot was fired he hurried forward along the train and reached Gardners body before it had been touched He saw no revolver on the ground, a fact testified to at the inquest
 The next witness was Thomas Jacobs. a supply trainman for the M. & P. He said that shortly before the shooting m n 1 One of them had blood on his face. That was Ewing. They returned quickly with the two officers. The next thing Jacobs heard was the shot He ran to the spot and like Frazine saw no gun except those in the hands i of the officers
 c. w. Myrick. a member of the M & P. bridge gang. was sitting near the engine about thirty feet from Gardner He was there at the time Gardner was said to have made an assault on Ewing with his club but he h=ard no disturbance though he was sure he would have heard it if there had been i any. He heard no command Drop your gun: we are officers" He heard nothing but the revolver shot. He sprang into the engine cab and when he [ saw where the shooting had taken place he left the cab and went toward the spot Before reaching it either Mcdonald or Martin hourished a gun and commanded You stand back; we know you; you are railroad men," Myrick said he remained where he was and saw somebody. either Mcdonald or the fireman of the train, turn Gardner's body over. He said there was no r-- volver In sight except those of the of ficers and he did not believe there was another. Gardner's club lay on the ground in front of him, the witness d { first thought on the right side. He still believed so but was not sure That was quite an important point, for if the ! club had fallen on the right of the body | it could not well have fallen from ta- ; left hand where according to the tes- timony at the inquest 1t was when Gardner was holding a revolver in h;s right.
 1 Fred Phelps, the engineer of the train was the last witness for the territory. He vas twenty-four feet away when the shooting occurred. His testimony corroborated that of Myrick in every particular except as to the location of | the club. He said he had heard nc quarrel. no commando nothing but the shot. He did not see ahy gun on the ground.
 The witnesses were not subjected to q rigid cross examination. The testi- ! mony for the prosecution was of a ! negative character but two of them i were almost positive in their state ments that If the things testified to it the inquest regarding Gardner's gun quarrel with Ewing and the commands | of the officers to Gardner had occurred they would have seen or heard them.
 The witnesses for the defense were those who had testified at the inquest T.. eye witnesses to the events immediate ly attending the shooting. They told practically the same story as at the l inquest, making a little more clear some questions that were not fully ex- plained at that time. and their stories agreed in all essential points
 Mcdonald sad that both he and Mar 1 tin told Gardner they were officers ani | that when Gardner turned his weapon t, from Ewing toward him he said "Ti ' give it to you.' Mcdonald also testi- fid that Gardner hit him a slight blow with his club just previous, to pointiL s his gun a him. It occurred in this way Gardner stood facing Ewing with his gun in his right hand and his club in his left hand. As he turned tc the left he aimed a blow at McDonald which took effect on McDonald's Jeff shoulder and almost with the same movement he covered witness with the | gun in his right hand. Mcdonald alsc | said that he had not drawn his weapon until Gardner swung toward him and that he pulled it and fired while Gard ner was making the turn and lingering his revolver as though trying to dis charge it.
 Martin testified that he asked Me Donald to accompany him to make th' arrest and that when McDonald to;o Gardner to put up his gun, Martin Glsc said Put up your gun. we are officers. Ewing said that when Gardner first 1 leveled his weapon at him he jumped