Daily Arizona silver belt., 1907-12-31
DANIEL FORCED TO
 CHANGE PLEA
lCnntinned from Page Onel


 Objection; sustained
 ''Where were you on June 27 of this year9"
 "At home; at the Mountain View ho- tel; uptown in the morning.
 "Where were you at 2;lj o'clock of that day2'
 "At home, sitting on the porch. "
 The defendant was then asked con corning what other persons were on the porch or in the saloon at about that time. Witness believed that no. one was sitting on the porch at that time. but probably twenty or thirey minutes be- fore then, Emmett Williams, man called Gonzales, because he ,ame from a town of that name in Texas, and . man called Scotty, who workel at the shelter, were there; that Le had gone into the saloon and had d drink with them. He could not remember who ip- vited him in to have a drink and who paid for the round, nor what he did after taking the drink, except that he might nave gone out on the rorch anu sat down for few minutes.
 Didn't Get Gun.
 Led hy the district attorney. Daniel admitted that he might have gone back to the saloon and behind the bar, but that he did not get gun, as he had had it on him for about an hour, while on the porch; he didn t remember what he did behind the bar.
 ''Did you step out the side dooI P!
 "Yes, l went out on the porch.
 Did the shooting begin as you step. ped ourS of the side doorl'
 "No, ten or fifteen minutes after. wards.
 After sitting on the porch s short time, he said he got up and starred to walk up to the home of his sister and when he had gone about ten feet, he saw Brown. He saw Salisbury rid. ing by on his horse and knew that men were at work in the Williams store. Brown was about thirty feet away and going mp the street when he saw bim first; he was carrying some packages under his left arm. Daniels course took him in a diagonal direction toward Brown, and when they met Daniels ne costed him.
 Here the defendant repeated the story he told on direct examination, concerning the encounter with Brown,
 He told of Browns threat that he was going for his gun to kill him, and of the shooting. That the shot that knocked Brown over was fired at a distance of 100 or l25 feet; that Brown s back was turned to him when he fred
 "Wbat did you do then!"
 ''I walked to where he fell. v
 "What did you do then9"
 Shot Him Again.
 ''I guess I shot him again.
 ''In the headi"
 "Yes, think SO.
 "'Was he lying there all the time you walked the 100 or l25 feet9"
 "Yes.
 Did he make any movement9''
 "No.
 Did you see anything on him of a gun or knifel'
 "No. -
 The, in reply to questions by the prosecutor, Daniel told of going back toward the Mountain View hotel and giving his gun to a man over the fence. The man was Ned Hammons, hi. I.r.as1.v IF. .,f TI,- " Vance, Emmett Williams, Scot ty'' or Gonzales on his return. From the hotel he started for his sister s house about 500 feet away and after remaining there few minutes. he re- turned and sat on the porch remaining there until an officer arrived.
 The defense blocked an attempt to ascertain who was at the home of. Dan iel l's sister.
 Knew Brown a Year.
 Concerning his acquaintance with Brown, the defendant stated that he had known him about year and that he had been a constant customer at the Mountain View between March and the first of June. Asked whether he and Brown had not talked over mat ters in the saloon after the first trou ble had occurred between theng the witness replied that they had not This ended the crossexamination.
 ''Why did you get the pistol, an hour before the shootingl' asked Judge Baker on redirect examination. The territory contended that this was not proper redirect examination, but the court ruled that the same question had been asked by Attorney Henry, which the latter disputed.
 Because" replied the defendant, "'i had received a telephone message an hour before, that Brown had made a threat to kill me
 "What was you state of mind when the last shot was fred?'
 ''l was nervous and excited.
 The defendant then left the stand after having been on for just two hours.
 Sister in Tears.
 The pathetic incident of the after noon occurred when Miss Carrie Dan iel, the sister of the defendant, was placed on the stand to tell what she could that would assist in saving her brother. Judge Baker had only asked a few preliminary questions when the witness broke into violent weeping and she was excused for the day. The gen uine distress of the young woman af fected everyone in the courtroom, many of whom were moved to tears.
 r. G. smith who was formerly in business with Daniel, was called to the stand and testified as to the mental condition ,f 4ho J,Fo,l,,,4 1,..:,. AL a