Arizona republican., 1904-03-24
IS BAILLESS
Sudden Ind of His First
 Trial for Murder
No Testimony Offered by the Defense and no Objection to the hotion to Hold Without Bail.

The preliminary trial of Frank D.. Za0eda for the murder of Harry A. Mcdonald which had been in progre s since last Monday and which it was thought would occupy at least two days more. came tD q sudden end yesterday afternoon. No testimony was offered by the defense, and on the molten of District Attorney Baker, Zapeda was held to the grand jury without bail.
 Sheriff Cook returned yesterday morning from Agua Caliente with sev- eraI witnesses who had disregarded the original subpoena and for whom attach ments were issued. Others who had not answered the subpoenaes were found too il to come and among them were several whom the territory had relied upon for a material strengthen ing of the case against Zapeda.
 One of the witnesses who accCmpan- jed the sheriff back was F. H. Louder milk and he was the first on the stand in yesterdays hearing. He was enc of the persons attracted to the saloon of Mcdonald by the shooting. Just ss he got there he met Zapeda leaving and he
 
 and if I didn't kill hGn I'll have him put in jail for seven years for fooling with the mail" This is supposed to have had some reference to the letter which ZaDeda had written to the wife of Me Donald and which she sent to her hus- band.
 The progress of the quarrel from the time that Mcdonald learned of this let ter up to the time of the shooting. was partly brought out by the next witness, Edward Pancrszi, the postmaster at Agua Calienta. He said that on the morning Of the shooting Mcdonald re- ceived the letter from his wife. He showed it to the postmaster and told him to tell Zapeda that he did not want him to come to his saloon any more. He also asked the postmaster to wr.te to Modesti the owner Of the hotel there by whom Zapeda was employed, asking him to discharge him from his ser vice. Not long after that Pancrazi told zapeda what Mcdonald had said, as Mcdonald had asked him to do. Tae shooting took place within the next two hours.
 The next and the last witness was Edward Mcdonald. a brother of the dead man. He did not arrive at Agua Caliente until some hours after the shooting. He had a convers stion with his brother in which the latter made a statement 10 him similar to his dying statement put in the day before. He also spoke to the witness Of the Z1- peda letter. Mcdonald had put it in his trunk. He csked his brother to get it for him. He did SO and after the death of Mcdonald, tt was turned over to the acting coroner and was by him turned over to Justice Burnett.
 There Seemed to he a disposition on the part of the defense to bring out of this witness the story of a quarrel farther back; to show that about two weeks before that there he'd been trou- bIe between Mcdonald and his wife at the house of Zapefa in Sentinel. when ZaDeda was net at home, in which a man by the name of Hinson figured and upCn whom on that occasion Nc Donald drew gun. It was thought that this story would be developed wher the witnesses for the defense took the stand.
 At the conclusion of Edward McDon- aids testimony an adjournment was taken until 2>o'clock. District Attorney Baker said that there were witnes es at Agua Caliente whom he must have, particularly one by the name of Hale, from whom a telegram had come the day before saying that he w5s too i'll to attend the trial. But when court was recoHvened the district alto. ney announced that the territory would rest. This was surprise 10 both tte court and the defense and the latter asked for a continuance until tn S morning. Some slight objection was made by the district attorney on the ground that it would unnecessarily in- crease the expense of the trial. The de- fence. then said that a continuance un- til 8 o'clock would be sufficient. ra- cess was taken to that time, when the defense announced that it would offer no testimony. No objection was raised to the motion of the district attorney to hold the prisoner without bail.
 At the conclusion of the trial the court announced that ell the attach ments issued for witnesses would be discharged. He said that it had been shown that in some cases the witnesses were too III to attend and he lcnew in others that the witnesses were rot fin- ancially able to obey the order of the court.
 It is likely that Zapeda will not be kept in suspense regarding his fate