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

'nRly aesvous, uadcr the questioning
OF counsel for tho defense. He sworc
the shooting had occurred on the morn.
ing OF February "a, and when pressed
on this point, said: eyes, I am sure IL
was on the morning Of February a."
Witness describing the events Of tho
tragedy, said he was in the kitchen
with Roscnberger. Hochderffcr enter.
ed, and after words, Hochdorffcr start.
ed into the front room, followed by
Roscnbergcr Witness testified he
stood In the doorway, between the
kitchen and front room, and saw Hoch.
derffer reach up TO the shelf. catch the
scabbard and take hold Of the butt OF
the gun. He saw Roscnbcrgcr reach.
ing down for his rife. Then he step.
ped back from the door, n few steps,
and heard q shot. He entered the
room. being the first one in the room,
he said, after the shooting. lie do.
scribed the positions Of Hochderffer
and Rosenbergcr, and the events that
trnnspircd afterwards.
Under cross examination he said he
was positive the shooting occurred on
the morning Of the cath. He did not
see the shot fred. lie did not sce
Hochderffer take the pistol out Of the
scabbard. lie did not see Rosenberger
get his gun, but supposed he got IL
when he reached for II.
stuukls Contradicts Coz.
II. o. Stunklc was then called. lie
said he was at the Windmill ranch the
morning Of the card. He said the kill.
ing took place on that morning. He
said he was standing in the doorway
between the kitchen and front room,
and saw Hochderffcr reach up TO the
shelf, lay his hand on the scabbard,
and pull the gun with his right hand.
He then stepped back into the kitchen.
He heard the shot, then entered the
room. He sworc he was the first one
TO enter the room after the shooting.
Upon cross.examination he admitted
he did not see the shot fred. lie ad.
mitted he did not see Hochdcrffcr pull
the gun, but saw him lay his hand on
the scabbard, and supposed he pulled
the gun. Asked ms TO where Cox was
when the shot was fred, he said he
didn't know exactly, but that Cox was
somewhere around. lie said Cox did
not enter the room FIRST.
Undsrtaksr fsstihss.
W. y. Scott, undertaken, Of Jerome,
vino prepared the dead man s body for
shipment to Fresno, testified he was n
member Of the coroncr's jury that OK.
onerated Rosenberger. He described
Hochdcrffcr = wound. lie was handed
the blood.stained undershirt worn by
deceased at the time Of the shooting
AMI identified IL.
vi will ask you TO look at the hole
under the left arm in this shirt, and
state whether or not there was n hole
in the body to correspond to this hole. -
This question, put TO the witness by
counsel for the defense, brought the
district attorney TO his feet with the
objection that IL had not been determ.
incd as yet that the hole in tine shirt
was under the left arm.
"May 1t please the court" respond
cd counsel for the defense, eve took II
for granted the prosecuting attorney
had sense enough TO tell the right side
Of u shirt from the left, when II il on
| right side. before"
81 am not the witness, nor yet the
attorney for the Defense" notify re-
torted the district attorney.
The court ruled witness could answer
the question, inasmuch ~ II was q
matter for the Jury 10 decide which
was the right and left side Of thu
shirt, and the weight Of the exhibit a
evidence.
Witness stated there was such n aol'
in the body.
Under eross-examination he said h
had not been in pc~scssion Of the under
shirt all the time since taking ir frou
the deeeassd's body. He admitted h
had been asked TO keep II by the dca'
mans relatives, hut said he had turne'
il over TO Cox upon request from tn
latter.
Upon redirect examination he test
fed as to the testimony Of Peterson mn
Black before the coroner's jury.
| During re.cross examination he sal
he had heard that this case was to com
up again.
"And you refreshed your memor
on the evidence to fortify your pos
ton M a member Of that coroner