Arizona republican., 1904-07-07
H'KELLIGON WAS HELD
But His Bail Bond Was Fixed at Only
 $500.

The preliminary examination of NJ J. Mckelligon, charged with the murder or Antonio Lara at the McEelligou sa- Icon last Sunday, took place before Justice Burnett yesterday The evil dence was slightly different on the part of three witnesses for the terri tory from the stories they told imme- diately after the killing and a little diff ferent from their testimony at the in- quest. The only witness who did not testify at the inquest was Captain H, c. Mcdonald of the police force.
 Three of the witnesses for the terri tory were Jose Hernandez. Emerito Armada and Antonio Valenzuela. who were in the saloon at the time of the killing. Their testimony was largely of a negative character in that they de- nied having seen many things that Mc- Kelligon swore he saw The latter testified that when Lara came into the saloon he engaged in a quarrel with one Of the men and that a blow was struck The witness said that he interfered and told them they would have 10 keep quiet or leave the house; that he put Lara out and that he came back. Up to this point there was very little differ ence between the testimony Cf the de- fendant and that of the three Mexicans though they swore that no blow had been struck. Officer John Moore, how ever. said that when he arrived there was blood on the nose of one of the McXicans and he said that Lara struck him.
 McKelligon said that when Lara re- turned there was a skirmish in which he and Lara struck each other, one with oop aoI copper or tin measure. Lara had pre- viously struck the witness on the back of the head and was getting the better of the encounter, when, with the aid of the Mexicans he threw him out again. When he went to close the door after him he saw him take a knife out of his pocket and open it. Then he re- turned to the bar. Lara threw the door open violently and re-entered, saying to the defendant that he was going to kill him. The defendant said that he was in fear of his life, and go- ing back of his safe he picked up shot gun belonging to his son. The gun was not loaded, but there were two shells filled with bird shot on top of the safe and he hastily, threw one of them in. He called to Lara to stop, but he 'N~AS NphilileB anu oeiy HIS SOIlIclHtilS about killing. When he was within five feet of him, the defendant said he fired.
 The Mexican witnesses story differ s from this in several particulars. They said that they saw nothing of the knife. They said that McKelligon pick cd up the gun not when Lara came in the last time but before he was thrown ont ha Iaot he did not threaten to kill the defend ant. but the only thing he said was, Kill me, shoot me-" as he was ap- preaching the defendant. The same witnesses though had told immediately after the shooting that when Lara en- tered the last time he was saying some- thing in English.
 Another witness for the territory was the undertaken, J. T. Whitney. who said that he found in Lara's vest pock- ct after his death pocket knife part | Iy open. The knife was smeared with blood. but it was his own blood. II was the object of the territory to show | that from the place where the knife was | found Lara could have had no inten-
 tion of using it.
 Captain Mcdonald testified that about an hour before the shooting
 Lara was at Five Point drunk anC | quarrelsome. The witness had driver
 him away. threatening to arrest him
 The Sunday before that Lara was a
 the same place raising a disturbance
 and was driven out of the neighbor' | hood.
 While the defendant was on the stand
 he took occasion to correct stor!
 which has been in circulation since tn
 shooting of Lara. It was that he ha,