Arizona republican., 1904-03-22

posteriorally just above the left shCul- der blade. had passed under or within the spinal column and had emerged on the left side of the neck. above the collar bone and forward Of the point of entrance.
 In illustrating the location of the wound Ed. Mcdonald, a brother or the dead man assisted, and the doctor pointed out to the court on his neck the place where the bullet had gone in and come out It Was he opinion of the physician that Mcdonald, at the time of the shooting. was standing either with his back partly toward Zapeda, or else he had turned suddenly as if to cvoid the threatened bullet. The bull let was found in the frame of a mirror behind the bar and the point where it struck was about five feet four incae5 above the floor. The doctor believed that Mcdonald was aboutfive feet sev- en or eight inches in height. The ob- ject of the bringing out of these facts was to disprove Q. statement which will be made by the defendant that at the time the shot was fired McDCnald was stooping down and reaching under the bar, the defendant believed, for a wea-
 
 frcm the location Of the wounds at tn ? points of entrance and exit, taking in- to account the bullet mark on the frame of the mirror. that Mcdonald could have been stopping. He admit ted on cross examination that he might have been inclined slightly forward.
 The witness said that when he saw Mcdonald though he had no use at all of his arms and legs. he could talk CO., herently. The witness had no cOnver- satiCn with him regarding the Circum- stances of the shooting but only as to his condition. He believed that death would result soon, either from the shock or from loss of blood, for the pa tient had bled profusely. After prob ing the wound at the points of entrance and exit the witness had plugged it with antiseptic cotton and bandaged it. There was nothing more that he could do and he,left that afternoon for Gila Bend.
 He was asked if he tod Mcdonald that he would die and if Mcdonald seemed to think the wound would Ee fatal. This question on the bart of the territory. and also on the part of the defense, is an important one. for it has a bearing on the effort to be made to put in McDonald's dying statement Though that statement is clear. it is said that it contains nothing of the thoughts of Mcdonald with respect to the probability of his death. The wit ness replied that when he arrived at Agua Caliente Mcdonald asked him if he would live. The doctor evadsd the inquiry by saying that he had not yet examined the wound. Mcdonald did not repeat the question in the course of the day. Before leaving the doctor told McDonald's brother and wife that the chances of his recovery were against him, but that there was d chance for him.
 The next witness was a young man by the name of Tenbroeck Whipplc, of Devil Lake, N. D., who has been camp ing at Agua Caliente during the win ter. He said he was sitting in front of the hotel about noon on the day of the shooting and that Zapeda was working on his stage not far away. Finally Zapeda asked him if he had seen any brave men on the street that morning. The witness replied that he had seen none, and Zapeda said, No, they must all be in the house." or words to that effect. The witness did not know what the defendant meant by his inquiry or subsequent remark. The witness kept on reading his pa per and did not notice where Zapeda went. His attention was next attract ed by the noise of quarreling in Me Donald's saloon, about seventy-nve feet distant. He could not distinguish any of the words or recognize the voices Of the quarrelers. About ten minutes later he heard a shot which sounded like the explosion of pop gun. That noise seemed to come from the saloon. About that time the witness went into the diningroom of the hotel and when he saw people going toward the saloon he went also and arrived there in time to see Mcdonald picked up from behind the bar and carried to a cot
 Whipple said that when he went in to the saloon he did not see Zapeda, nor had he seen him since he was talk ing to him in front of the hotel But as the witness was leaving the saloon after Mcdonald had been carried to the cot he saw Zapeda coming toward the building.
 This trial is likely to prove an in convenience to Mir. Whipple. He was asked at the close of his testimony if he expected t0 remain in the territory. He said he did not; that he expected to leave the springs about the latter part of April and go to the northern part of the territcry. After stopping there for a short time. he would return fn ;, this statement District Attorney Baker told the court that he would have to ask that arran ngements be entered into with MT. Whipple to insure his attend ance in the event that Zapeda should he hound oS n of+