Arizona republican., 1907-05-21

Judge Baker spoke for nearly an
 hour and half. He not on l ly went over the same ground MT. Franklin had traveled, but l in addition he took up the differ ent parts of the evidence and grilled both the witnesses and their testimony. | He began by saying he had absolutely no financial interest in the case having
 been assigned to the defense by the court. without hope of financial re- ward, but that as a matter of law he i had become convinced that the evi- dence did not justify the connection of ! the defendant with the taking of the life of John Leicht. Were it some smaller matter where but a few dol : lars were involved or a few years in prison even he could forego some
 things for they could be borne. But
 where there was at stake that spark of
 divinity that only the Divine Being Himself could give or had the right to
 take away it becomes a most solemn
 thing.
 Admittedly the sevidence is all cir circumstantial and without trying to explain the relative value of circum- stantial and direct evidence the speak CT began to enlarge on the peculiarity of the former. Ii is entirely a mental operation. From certain facts the ul- timate fact is logically brought out. In this case the ultimate fact or ques- tion was the death of John Leicht and whether it was caused by the defend ant. which fact could unly be affirma- lively established by inferences. He next dwelt upon the proneness of the human mind to err, no matter how honest one might be. The wish is of ten father to the thought. He illus trated by the convex concave and oth- CT oddly shaped mirrors in a show place that make the observer look tall or short fat or thin as ne desires. In that way he said the mind often lends color to the fact itself like the mirror changes the shape of the man. Then he reiterated that it is required of the defense to prove nothing. The govern ment has charged man with crime the punishment for which is death and the burden of proof is on the govern. ment.
 He briefly reviewed the story of the two men during their life in Phoenix up to and including the fatal March 17 and dwelt particularly on the open. ness of the defendants conduct. not only before March r. but until he left the city that night, after the alleged commission of the crime. which if at all was by poison. me defendant he said could not have been more open even if he had hired a brass band and announced to the world that he was going out on the desert to kill John Leicht. Had he a guilty plan this would have been unnatural for the pOisoner works stealthily and not as the man who shoots another in sudden anger or who has nothing to fear. He spoke of the defendants Openness in buying the drugs of his telling Kol- berg he was going to take John to the country. of his open manner after he returned. everything public.
 Then counsel took up the facts of the evidence one by one. describing each as a gossamer thread. a trifle, a mere suspicion on which the prosecu. ton sought to take a mans life. He spoke of MT Rives testimony of the selling of the chloral hydrate two or three weeks before the death of Leicht before the defendant was in the terri 1oiN- ne Oilly HleHlio1eu IL as SHOW ing how undependable the human mem ory is. Then he said the other facts. even though honestly testified to might be equally as much in error. Mrs. Roarke he said must have been in error for the man who was supposed 10 be groggy when she met him and Eytinge the driver who tried to con- ceal himself the only time in which concealment was charged, a little fur ther on at the orange grove, were both conversing with the Mexican Rangel
 were wide awake and not trying to conceal themselves. MT. ROarke's tes- timony he regarded as of no value at all. He mentioned the articles found with the body. sarcastically listing them as the things Eytinge had left there purposely. including his hand