Bisbee daily review., 1902-06-13
DISTRICT COURT
 CONTINUES.
TRIAL OF SHEPPARD.
For The Murder of Livingstone at Ben ..son.-A Synopsiss of the Testimo
 ny In the Case.
Tuesdays Sesssion.

 district court was taken up yesterday in the examination of the jury on their yiordire in the Sheppard case and a number excused on account of their entertaining conscientious scruples re- garding the infliction of the death pen alty. After the usual challenges had been made the following were selected to try the case: Andy Bissett, F. A. Ford, John Kelly, A. Busby. A. B. Stan iger. F. B. Moson, John Pidwell, John Kelso J. P. Peterson, Frank Payla Frank Merrill, Jack Wikstrom
 The first witness examined for the prosecution was c. H. Morath. He, at the time of the killing was a part ner of Livingstone in the gambling games in Lands saloon at Benson. Morath testified that Sheppard had been drinking some and had laid down on the roulette table, and that he (Mo rath) picked him up and carried him to the back room and tried to put him on a bed there, where Livingstone had been lying. Livingstone getting up at this time, and with Morath, tried to put him on the bed, but Sheppard re sisted and during the scuff1e Living stone scratched Sheppard's face and caused the blood to run. Sheppard, he followed them out and said to the lat ter: You d-d S. of B., you Il not stay in this saloon two hours" To winch Livingstone replied, :" that he, Sheppard, could not put him out Shortly after this Livingstone went up to the bar to get drink, Sheppard be ing at the other end of the bar, and walking around in front of the bar behind Livingstone went behind the bar and picked up the gun laying there and shot Livingstone across the bar. Upon cross-examination by Attorney Lowell the fact was brought out that sheppard accused Livingston with beating him up while he was in the back room, and that Sheppard asked him why he had done so, whereupon Livingston replied: We had l. in for you ever since I came to this camp.
 John Hand, the barkeeper in the sa- loon at the time of the alleged killing, His testimony in Lae main was a cor roboration of the facts as testified to by Morath. Upon cross-examination by Attorney Wright the fact was brought out that there existed an III feeling, between the two men.
 Andy Hamin, the next witness for the prosecution, substantiated the testimony of Moroth and Hamin, and the cross-examination failed to bring out anything further.
 Isaac Peterson was next called and testified to being present at the time of the killing; that he heard no words between the two men, and saw Shep- pard fire at Livingston. He, with Andy Hamin, took the gun away from Shep- pard after he had shot Livingston. He testified to having asked Sheppard what was the matter, and he replied: They have been beating me up," re ferring to the affair in the back room. Stated that he was within 8 few feet of livingston when he was shot, and in front of the bar.
 The prosecution here rested, where upon Attorney Wright for the defense proposed to prove-that Livingston had been afflicted with a gathering in the head for some time before the shoot ing, and that 1t had affected his mind, and that from the time of this he had been of a quarreisome nature and easily crossed. Also that he had made threats against the life of Shep pard.
 R. Watkins was the first witness called for the defense. He testified to having examined Sheppard the next day and found a number of bruises on his arm and face, which to the best of his knowledge had been made some six to eight hourss before.
 C. H. Fletcher was next called and stated that he knew of a bad feeling existing between Livingston and She } pard since January: stated that Liv ingston stated to him that he would like to put in with him (rletcher) al the games at Co...ngs. put he coul' not on account of Sheppards being employed there, as ne would have t- k.L m in iese -Aan . week. A.se testified that Morath had stated to hin sz tha nrooopco nP 6ioi (EIotchor,cl wife that Livingston just prior to thu