Bisbee daily review., 1903-07-10
KILLING OF EPHRAIM SMITH
 OFFICIAL TESTIMONY

| O. Did Mir. Hart have sixsh ooter at that time? A. Yes, sir. he throwed his hand on his gun To the best of my recollection he never drawed his gun until after the shoot ing.
 Q. Where were you standing at the ] time? A. I was standing at the cor ner of the monte table.
 Q. Were you watching the deceased, MT Smith. at the time? A. Well, was watching him at this time; yes, sir
 Q. Do you know whether, CT not this man Smith had a gan at that time? A Why. yes. sir: or rather. there was gun taken eff him jus; af- ter this shooting occurred.
 0. Who did the shooting. A. Mir Graham.
 0. How many shots were fired: A. Two shots.
 Q. Was there anything said at the time of this shooting? A Well. after this shooting. MT. Graham remarked. he says, 'I have got my revenge" And Mir. Hart says, "Tha- is the man that murdered Vaughn 1 c. Did you hear Mir. Graham tell him to throw up his hands? A Yes, sir
 0. What. if anything. did he say. this Mir. Smith. at this time! A The man seemed to say something to him, bIt declare I don't rer1sr:ber just what he did say. I can't say iust what it was. Q. What position was Mir Smiths hands in at the time the shots were fired? A. At the time the shots were fired he was sitting on the corner of this table. and he was in the act of raising of the table; just stared rais- ing from the table.
 o. How long was it between the shots that were fired? A We'll, it was five seconds, I guess: the shots were fired right together live sec. onds, guess. would be ahcus is c Did he have Lis hands in the air: A. No, sir: he Lad started to raise his hands. Mir. Graham told him to raise his hands.
 Q. Do you know whether he started to raise his hands or reach for his gun? A. He started 10 raise his hands. I think He dii not make any signs like he was going 10 draw a gun out.
 Q. Do you know this man Smith? ? A No, sir; have seen him three or fH,r times, but never knew what his name was until after this shooting oc. cured I heard his name was Smith i; that Is all
 Q. When have you seen him in the saloon? A. He has been in there the last three or four days. Didn't seem to have any money to spend; just walked in the house and walked out.
 O. You didn't see him make any eff. fort to draw his gum A. No. sir.
 Q. Were you where you could see him plainly? A. Yes, sir; I was standing right close by.
 c. What position were his hands in when he went to raise from the table? A. He was sitting with his right hand on the table and the other hand about that way on his leg, and MT. Graham approached him and throwed down on him, and he raised up of the table. c. Did he move far from the table after he was shot? A No. sir; he raised to his feet and the second shot hit him. It was done pretty qnick. c. How far were you from him A. Why, five feet, I may say; not over five feet
 Q. We'll. was you close enough 'o him to hear what he said if he spokei A Yes, sir; was. don't know what it was He seemed to say some thing. but don't know what it was. o. Was theie anything or anyb9d' between you and MT. Smith that would : obstruct the view? A. No. sir; there was nothing between us I vas the closest one there was to him I guess Well, know ! was. ? o. Did you understand his words t1
 be a refusal to throw up his hands } A. No. sir; he didn't ever refuse. Q. You stated that he started tC ? raise his hands? A. Yes. sir 0. Do you know why he didn't con tinue to raise them? A. Why. h. ) was shot in the act of raising them. 0. Who took this gun away iron j. him? A. I don't know the man. ' name.
 Q. Was he Ranger? A. couldn' , tell you whether he was Ranger oi
 not.
 5 Q. Do you know if he was an office ' or not? A. I couldn't say
 Q. Did you see them take his gul away? A Yes, sir: his gun was il : the belt of his pants
 Q. Did he have coat on? A Yes v sir