Arizona republican., 1904-03-23

peda had come into the saloon and 1 called him bad name and drew his gun. This statement was preceded by the words, There was a letter. but the dying man said no more about the letter.
 The witness at this point said that in the conversation with Zapeda after the shooting the latter said that he would rather spend six or seven years in the pen than to be beaten and per haps killed with a gun. Remembering these words the witness said that he l looked to see if Mcdonald had a gun. He hunted about the bar wherever a gun might be concealed, but he found none. The witness was rigidly cross examined, but his testimony was not materially changed.
 Jack Gibson testified next. He had heard the quarrel going on in the sa- loon, but he was then in the storeroom of the Modesti place and so far away that he could hear only indistinctly. He heard a vile epithet applied, but he did not know who the speaker was. He was just going into the dining room of the hotel when the shot was fired. He called another man-and asked him to go with him to the saloon. There they found Mcdonald lying on the floor. He was lying on his stomach, his face resting cn his arms. The wit ness heard him say, N"Zapeda shot me. Zapeda shot me" Later the witness heard him say, "It is all up with me" The witness looked for a gun on the floor and back of the bar, but did not see one.
 John Modesti had heard the quarrel but as all the other witnesses did from the outside of the saloon. lie could not recollcct any of the words that were used, but he remembered that they 'were bad ones. His testi- mony regarding the occurrences in the saloon after the shooting was much the same as that of the other witnesses who were there at the same time.
 The last witness of the day was J. Fl. Root. the justice of the peace at Agua Caliente, who had committed Zapeda and who had conducted the in quest His evidence consisted of ex- hibits the dying statement Of McDon- aid and that much talked of letter from Zapeda to McDonalds s wife which had led to the shooting. The precise nature of that lette: was not made known until it was offered in
 
 tained an insulting proposal but after Zapeda had been brought to Phoenix he made a statement in which he said that there was nc insult meant; that there had been some sort of a relation between Mrs. Mcdonald and a man who had lately left Agua Caliente. That man had after that been suspect ed of a crime and the defendant in his capacity of deputy sheriff was desir- ous of ascertaining his whereabouts. He believed that he could get that in formation from Mrs. Mcdonald. who was then visiting her parents at Gila Bend. He accordingly wrote the let ter which she immediately sent to her husband This is the letter offered in evidence:
 Sentinel, March s. Mrs. Duce:-How are you getting along If you need money let me know. Be sure and let me know when l you are coming back. but don't let | Harry know when you are coming. I'll l save a room for you. -"Be sure and answer and let me know what night to meet you. Don't | be afraid about sending for money. You can have all you want.
 Your friend.
 FRANK ZAPEDA."
 The dying statement of Mcdonald | was brief and was not signed for the | season that he was at the time Of making it and at all other times after the firing of the shot paralyzed in both | arms. It. was witnessed, however, by | three persons. It was made in the afternoon of the day Mcdonald died. The contents of the statement were In effect the same as the testimony of Lewis and Collins, who had heard. but had not seen the quarrel. When Za- peda entered the saloon he began luarrelling and when he was ordered put he called Mcdonald vile name md then shot.
 There are several more witnesses to 1 1e examined. Some of them are here md others are expected this morning relegrams were received from Agua Caliente yesterday from various per tons fer whom attachments had been ssued saying that they were sick and lnable to come to the trial.
 So far there has been no testimony moving precisely the growth step by tep of the ill feeling which arose be- ween ZapeGa and Mcdonald up to the asst fatal quarrel. It is possible, hough not very probable, that the rearing will he concluded today.
 
 REALTY AND BUILDING