Weekly Arizona journal-miner., 1907-05-22

door He said he didn Z see the door,
and kept on into the next room. I
saw him walk fast for his gun, and I
ran for mine. ! knew where his gun
was. ! saw IL there the night before.
] did not want TO be run away, no ] ran
for my gun. lie got his gun and point.
ed IL at me and shot,
In cross. examination Roscnberger
said the distance to botn guns was
about the same. lie said m no was
reaching down for his gun he looked
up and saw Hochderffer with the
pistol in both hands, pointed directly
at him. lie illustrated the position,
using District Attorney Morrison as
himself, for the illustration, and point
ing directly at the attorney.
II fred rs quickly as I could" said
witness, "for ! was expecting TO get
shot at any moment. After the shoot.
ing called the boys and told them 10
see what they could do for him. Cox
and Stunkle came and Peterson came
In. told Peterson had nothing
against him but / guessed had hurt
his friend. ! told Stunkle TO get doc.
tor. ] went TO Jerome after Hoch.
derffer died and gave myself up. I re-
turned 70 the ranch that evening with
Yves Owens, and attended the inquest.
I remained there afterwards"
In Isbutsai.
In rcbuttal George Peterson was call.
ed to the stand. He testified that on
the morning after che shooting he
heard Ernest Cox say II the bullet had
missed Hochderffcr or passed through
him IL would have got him, Cox.
Jim Bailey was recalled and testified
that just after the shooting he heard
Hank Stunklc calling 70 him TO come
back, while he was on his way 90 the
barn.
Black, on being recalled, testified
much the same.
Summing Up Begins.
Al the conclusion OF the testimony,
Attorney Doe Of Flagstaff opened for
the prosecution. In summing up he
brought out all the points in the case
favorable 70 the prosecution. lie main
tanned defendant had provoked a quar-
rel with the prcmeditated intention Of
killing deceased, and had laid his plan'
accordingly. lie dwclt on the fact de
PENDANT had said TO Ernest Cox
"wstcb me. III show aim this morn
ing" This he interpreted to mean .
threat. lie endcavored to convince thu
jury defendant had placed his Win
chester in n handy position, 80 as 4
be ready for trouble, IL IL came. II,
concluded by asking the jury for
conviction.
Lang WAxee 0feet EnoU.
Reese NJ. Ling, for the defense, oc
cupied nm hour and fifteen minutes II
his address 20 the jury. He made I
great effort in behalf Of his client, de
claring the Territory mad utterly fsile,
10 make a case, and endeavoring 4
convince the jury II was a clear case o
self. defense. lie told how Hochderffe
had been discharged, and how thi
ranked; how deceased had returned :
the ranch, although he had no bushes
there, accompanied by two friends
how he mad laid his pistol on the shel
In the room where the killing too
place, before he retired; how he sntel
ed the kitchen next morning and VI
asked TO leave by defendant; how
had replied he didnt know whether
would or not and how he nsd staste
for the shelf where his pistol Was, IN
finally, how, to protect his own liz
defendant had fred the fatal sho
Counsel for the defense placed u
bloody uadergarment worn by deesass
at the time Of the killing, upon Il
. form Of q juror, In . demonstration I
a the position Of tne wound. In conelu
, ion, h~ ssid he AID not ask sympatf
!. FOR tbs defendant, eaiy justice usd
4 the ssatatss Of ATisons, which gives
Z msn the right 70 protect his own liz
even to the extent Of taking life.
81 He was eloquent and logical st .
}. times. and evidently impressed d
9 jury deeply. He concluded his adore
;. by asking for an aequittAl.
!. Morrison's Brilliant Arraisumsns.
4 District Attorney Morrison vast
| M t,u. 4, ,veli,u m n vies hut MIN o.