Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1907-05-19

4 There was none and the witness was
brought back Mr. Franklin asked him
IL II was not true that he wanted 10
see the defendant convicted, IL he had
not in a conversation with counsel
sometime before expressed that hope
The witness said that in a converse
ton with counsel the latter had asked
him if he thought they were going ia
convict Eytinge on his, the witness
testimony. at the trial. and that he had
answered Il hope so.''
The next witness was w. O. Moore
OF the dairy just north of the Meadow
Farm u miles north of Five Points.
His testimony in substance was that.
between IL and IL o'clock Eytinge.
driving to town alone. had passed the
dairy, left his horse standing in the
road united jumped with some diff
Guilty across two irrigating bitches, en-
tered the corral where he and an en-
ploye were milking, had asked for a
cup of milk, at the same time drawing
a metal pocket cup from his pocket.
that he had MIXED il full from the
COW and handed it to him. that he had
noted the odor of whiskey in the cup
when he put the milk in 1t. that he re-
! fused payment for the milk that Eyt-
inge asked him to the buggy to take
! drink of whiskey. that he declined.
that Eytinge then told him he was
with w. X. James in town. and if he
and his hired man would call he would
treat TO the cigars. He noticed that
Eytinge was little lame and Eytinge
had remarked when he came up that
he had a game foot. Witness said he
wore one black and one colored shoe or
slipper. he didn't know which. only he
had noticed the difference in the foot
wear. He was rigidly examined by
| Judge Baker but nothing new was
brought out except that his only
| knowledge Of the presence OF liquor
in the cup was his smell OF 1t. as he
| did not see it
James Smith, an empliye of Mr..
Moore of the Highland Dairy. followed
Mr.. Moore on the stand and verified
ali his statements except that he did
not recall where Eytinge had told him
to come for a cigar when down town.
He said the incident occurred at IL 80
or later.
l.. Fl. Hogsett. a young man en-
ployed at Ensign's stable, followed.
and made an excellent witness. He
said Eytinge left the stable with the
buggy at $50 a. m. and returned be-
tween Il and /, saying he came back
sooner than he expected because his
friend was taken sick and he had to
bring him into town. He paid for the
rig. witness describing the money. and
had some money left. He had a bot
tie of whiskey of which he took a |
drink and gave witness a drink. then |
took another himself saying that was |
the last he wanted of il. and leaving |
the bottle with three or four inches of |
the liquor in il, on the stable desk |
Later, the witness and others around |
the stable finished the whiskey. on
cross examination 1t was brought out
that Eytinge was not drunk and the |
whiskey had no bad effect on any /
body at the stable. Witness did not
notice Eytinge's dress. shoes or cane. Il
but did note that he was a little lame. II
About all he noticed was that he had II
put package on the buggy seat when
he got in the vehicle. The horse had
some dry sweat on him when he re-
turned. He was questioned ABOUT the
horses shoes: had noticed their pc
culiarity when taken off a couple of
days later; was not a horshoe expert, II
but had seen other shoes like them II
perhaps. but not often.
Phil Ensign was recalled by Mr..
Billiard and asked if he had taken that
same horse and buggy out on the road
in question on the 18th or 18th. He
said he had taken the horse. but not
the buggy. He took another buggy.
Asked if he went to where tne body
Hn 1
for defense objected and tried to ascer-
tain from witness IL he had been talk
ing to anyone since his testimony was
given in the morning. concerning this
incident. He said he had not. except
to his wife The inference was made
that the district attorney had been
coaching him and that official in a di-
rect question, asked him if he had had
any conversation with him yesterday.
and he said that to the best of his
recollection be had not spoken to the
district attorney since the case began.
Peter Kraber of the Bank Exchange
testified that he had known Leicht
four or five years and knew Eytinge
while he was here with Leicht. on the ,
of the 18th Leicht had bought
a sixty-cent lunch of him and paid for
il with a ten dollar bill which he
In the afternoon defendant
came in and asked him to cash the
draft for Leicht. Franklin objected. was
overruled excepted and witness iden-
titled the draft and said he cashed II.
Said Eytinge told him John Leicht had
signed the draft. Eytinge also gave
him bottle OF Monogram whiskey
which he said John had sent to him as
a present. The draft was offered in
evidence. but objected to on the
ground that IL would have a tendency
TO prejudice the case OF defendant and
Ii it showed anything. would show
a crime the indictment did
not not charge. In cross examination
by Mr.. Baker, Kraber said Leicht did !
not look sick and seemed all right and
he did not know he had come to Phoe-
nix for his health. He spoke about
and Kraber said he would
Try and help him get a job. Asked
where TIE whiskey was. that Eytinge
gave him, witness drew the bottle
rom his pocket. 1t was still unopen-
ID. The bottle was offered in evidence
rs to the label only. which was very
ike the label on the empty bottle
brought from Ensign's stable. and Of
'ered in evidence earlier. This was I