Bisbee daily review., 1903-07-10


 official stenographic report of the tes- timony taken before the coroner at the inquest over the dead body of Ephraim Smith. the murderer of Tom Vaughn, who was killed at Douglas last Sunday night by Constable Date Graham. We only give a portion of the testimony this morning: the bal ance of the testimony win appear to- morrow:
 Billy Hart. being first duly sworn, testified as follows.
 Q. Were you acquainted with the deceased, E. Smith. in his lifetime? A. By reputation only.
 Q. You may state whether or not you were present last evening at the shooting in the Mechanics saloon, at the corner of Ninth street and Rail- road avenue? A. Yes, sir.
 Q. You may state to this jury how that occurred? A. Up the street I met Mir Graham. Mir. Graham says: Billy. know where the man is that killed Tom Vaughn and shot me He says, Have you got your sixshooter with you?' I told him no, but would go and get it. I went and got my six shooter and came back to Mir. Graham. We walked in all the saloons; we couldn't find the man, so we goes out back of Groves place and went down to those other saloons, and we found him asked Mir Graham, Are you sure this is the man?" and he says Yes" says "All right" We walked in the saloon and he was stand ing at table facing the door. Date nodded his head to me and says, That is the man" I jerked my sixshooter and says, 'I want you; throw up." Date says, Throw up your hands. /" He reached for his sixshooter. then the shooting commenced. He would not throw up his hands.
 Q. Who fired the shots that were fired? A. Mir. Graham, I think.
 o. How many shots were fired? A. Two
 O. What. if anything, was said by 1 the deceased, E. Smith, at that time2 A We'll, that is. that from my own personal knowledge, could not say. have heard things said; I don't re- member. have been told that he sal ] he wouldn't lay down. A. Do you know who were present at the time? A. I don't know all of them; know some of them. the peo- pie that belong to the saloon; l an acquainted with them. Q. (By juror). Were you present when the conversation took place be- tween MT. Graham and this man? A. Yes. sir. throwed down on him and Mir. Graham says, Throw up your hands," and he went for his six shooter. He didn't throw them up; then the shooting commenced.
 0. I would like to ask if Mir. Hart fired? A No. sir; I did not.
 Q. MT. Graham fired the shots? A, Yes, sir: I suppose he did; somebody else might have fired shot; I don't know; we were separated five or six feet.
 O. After MT. Graham ordered him to throw up his hands, did this man show any indications to throw up his hands, or did he go to fighting? A We'll. can't say. I ordered him to throw up and he went for his six, shooter He was ordered to throw up his hands by me and MT. Graham also
 William Philips was next witness lsworn, and gave the following test, mony:
 o. Are you the proprietor of the Mechanics saloon, corner of Railroad avenue and Ninth street? A. One oi the proprietors.
 l Q. Were you present at the time E Smith. the deceased. was shot? A Yes, sir; was there
 o. You may state all you kno. about what occurred at that time; A. Well. would like for the court to ask what they would like to know I was there when the shooting scrapS occurred. and saw 1t
 0. What did Graham and Hart d. when they came in. A Why, they walked into the room and passed the monte table, Mir Graham did, and MT Hart stopped oposite the monte table land Mir Graham told this man tS throw up his hands: he wanted him o Told this man, Smith? A Smith suppose his name is; I don't know what his name is.
 o. What did Smith do? A. Why he started to throw his hand up.
 0. He started to throw his hand. up? A Yes. sir; he started to throv his hands up, to raise his hands Q. What did Billy Hart do at tha time? A. Mir. Hart never done any thing; he stood there. O. Did Mir Hart tell him to throS Inn hfo L1nde1 Mo cir