Bisbee daily review., 1906-06-01
Trial of Man Charged With As sault With Intent to Kill
 Held in Phoenix,
TESTIMONY ADDUCED
 WAS IN HIS FAVOR.
Some Question Whether Shot That Hit Mrs, Engle Was Fired by Him or Some One Inside House at Time,

Transferred from Cochise county to Phoenix on change of venue, the case of Roy Whittlesey, charged with assault with a deadly weapon, began last Wednesday morning.
 This case was taken to Phoenix on change of venue from Cochise coun- ty. where the defendant had trial and was granted a new trial on ac- count of an irregularity of the jusy. Since he was taken to Phoenix he has been at large on his own rccogniZa4cc. Ge is represented by Alfred Frank lin, while the territory Is represented by Assistant District Attorney Bull lard, assisted by District Attorney Flannigan, of Cochise county.
 The defendants wife had secured divorce from him and had secured the custody of their small child. They were living at Bisbee at the time of the separation. The wife in the compa- ny of her cousin, J. l.. Reisinger, went to Tombstone and took lodging with Mrs. Engle. Some time after the di- vorce proceeding Whittlesey went to Tombstone, 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 Whittlesey was shot in the back of the shoulder. There was promiscu- ous shooting after that, in which Mrs. Engle was shot through the fleshy part of the upper arm.
 After the battle Whittlesey was re- moved to a hospital, and as soon as he recovered he was put on trial for the shooting of Mrs Engle. It is the the 7 ory of the defense that the shot which i struck her was fired after Whittlesey ] had been shot down. though he fired a couple of shots at the house after he | fell. It is contended that the shot which hit the woman was fired from within the room, where she was. 1 When the case was opened in the morning, Judge Doan was occupying a seat by Judge Kent. MT. Franklin in, quired if he was sitting in the case Judge Kent replied that he was not Franklin desired that the record should show that an objection had been made by the defense to his sit ting Judge Kent replied that the record would show that he was not sitting.
 Among the exhibits was a lot of lum Der which had been imported from Tombstone. It consisted of a com mon door and screen door through which bullet had been fired. There was no doubt that one of the shots fired by Whittlesey had gone through the door, but the question was whether that was the shot which struck Mrs EngIe There were only four wit nesses for the territory, one of them being Mrs Engle. She testified that she did not see Whittlesey shoot, but all the same she knew that he was the one who had shot her. There were several witnesses for the de fense, many of whom could only testi fly to the good reputation of Whittle Sey Among the witnesses for hin was Dr. Hughart, of Tombstone, whC had dressed the wounds of both par ties. He said that the wound of Mrs Engle was not a serious one, but was clean cut, and there was very little laceration either about the entrance ol exit He said that soft-nosed bul let passing through the door would have been mushroomed and woulc have caused quite a different kind O. wound. 4 common lead bullet would have caused less laceration, while |: steel jacketed bullet would not have btSH peICSDtlbiy dllSCISu DS ito pass age through the door. The defense is trying to show that there were nc steel jacketed bullets in WhittIesey': gun, and that, therefore, the bulle must have been fired from within tho room.
 Other evidence for the defense wa
 from the record at the former trial Two witnesses who were not presen
 at the trial said that they were pass ing the EngIe house about the time o
 the shooting. They saw Whittlese!
 start away from the house and hearC la little child run after him crying. H.
 stopped and kissed it, and then som'
 one whom they did not know shot ant
 Whittlesey fell. AS he fell he dreV
 gun and began shooting in the di
 rection whence the shot came.