Arizona republican., 1906-05-30
WHITTLESY TRIAL
 WELL UNDER WAY
The Defense Will Probably Conclude
 This Forenoon.


 sault with intent to commit murder
 was begun in district court yesterday morning and when a recess was taken
 late in the day the defense had got pretty well through with it's side of the case. The greater part of the day was 1 consumed by wrangles among the at torneys, one side trying to get in evi- |dence which the other side sought strenuously to keep out.
 l This case was brought here on a .Change of venue from Cochise county, where the defendant had d trial and was granted a new trial on account of an irregularity of the jury. Since he was brought here he has been at large on his own recOgnizance.
 He is represented by Alfred Franklin, while the territory is represented by Assistant District Attorney Bullard, assisted by District Attorney FIanni- gan of Cochise county.
 The defendants wife had secured a divorce from him and had obtained the custody Of their small child. They were living at Bisbee at the time of the i separation. The wife in the company of her cousin, J. l.. ReisingeT, went 70 Tombstone and took lodging with 2 Mrs. Engle. Some time after the di- vOrce proceeding Whttlesey went to Tomb bstone, he says for the purpose of seeing his little child. He did not get into the house but Reisinger was there and they had a quarrel in which Whit tIesey was shot in the back of the shoulder. There was promiscuous shooting after that in the course of which Mrs. Engle was shot through the fleshy part of the upper arm.
 After the battle Whittlesey was re- ] recovered he was put on trial for the shooting of Mrs. EngIe. II is the the ory of the defense that the shot which struck her was fired after Whittlesey had been shot down. though he fired a couple of shots at the house after he fell. II is contended that the shot which hit the woman was fired from within the room where she was.
 When the case was opened in the morning, Judge Doan was occupying a seat by Judge Kent. MT. Franklin in quired ii he was sitting in the case. Judge Kent replied that he was not. MT. Franklin desired that the record should show that an objection had been made by the defense to his sitting Judge Kent replied that the record would show that he was not sitting.
 Among the exhibits was a lot of lumber which had been imported from Tombstone. It consisted of a common door and a screen door through which a bullet had been fired. There was no doubt that one of the shots fired by WhittIesey had gone through the door. but the question was whether that was the shot which had struck Mrs Engle. There were only four witnesses for the territory, one of them being Mrs. EngIe. She testified that she did not see Whittlesey shoor but all the same she knew that he was the one who had shot her. There were several witnesses for the defense, many of whom could only testify to the good reputation of Whittlesey. Among the witnesses for him was pr. Hughart of Tombstone who had dressed the wounds of both parties. He said that the V wound of Mrs. EnEle was not a serious one but was clean cut and that there was very little laceration either about the en- trance or exit. He said that d soft nosed bullet passing through the door would have been mushroomed and would have caused quite a different kind or wound. A common lead bullet would have caused less Iaceration while a steel jacke-ed bullet would not have been perceptibly affected by its pas sage through the door. The defense is trying to show that there were no steel jacketed bullets in Whituesey's gun and that therefore the bullet must have been fired from within the room.
 Other evidence from the defense was from the record at the former trial. Two witnesses who were not present at the trial yesterday said that they were passing the Engle house about the time of the shooting. They saw Whittlesey start away from the house and heard a little child run after him crying. He stopped and kissed it and then some one whom they did not know shot and Whittlesey fell. As he fell he drew gun and began shooting in the direction whence the shot came.