Arizona republican., 1907-05-21

shown in EnsfgnS testimony ana the court passed the subject to the jury | with instructions to heed the state | ment only if they recalled the testi-
 mony.
 | Continuing MT. Bullard said there | might have been other motives. He may have driven to the country in- | tending only to stupefy and rob his | victim but even then he was just as | guilty. death having ensued. Then he recalled the evidence that Eytinge had no money on the morning of March 11
 but after his return from the country
 he did have money, and paid for the buggy with money stolen from his
 friend. With the testimony of Rangel, counsel traced the two until they crossed the bridge and shortly after
 Eytinge came back alone.
 Taking up the question of the cor pus delicti he contended that the lack of proof of the presence of drugs was no fault of Dr. Wylie who had demon- strated that it could not have been proved by chemical analysis. The fault ! he said lay with the defendant Fly tinge, who knew the nature of the 1 drugs he employed and knew that | their presence could not be proved a
 very few hours after they were used.
 In quite dramatic way he pictured
 the body with the evidences of two
 deadly drugs alongside it and exclaim-
 ed, No proof of a violent death? My God gentlemen. will you thus put a premium on crime? The defendant gave Leicht knockout drops on the road, arriving at the desired place he threw the body to the ground. drove on few yards, walked back to the
 body, chloroformed his victim. threw
 the can away. dropped the hydrate
 bottle to be found-in the event the
 body was found. took the contents of
 Leicht's pocket and then came back
 to Phoenix alone. AS for the handker-
 chief. said Mir. Bullard. Its story was
 too plainly told The discoloration was
 not made by the chloroform but 1t had
 been saturated and left over the mouth
 of the dead man. When putrefaction set in the fabric was discolored by the exudations from the body just as the clothing had been. If he did not kill
 him why didn't he bring him back to town?"
 Concerning the chloroform can the speaker showed by the evidence that it Jay across slightly depressed piece of ground. To roll to where it was found it must roll up hill part of the way and over a lot of intervening bushes.
 On the return trip from the time Fly tinge got to the Highland dairy he be- gan to lie. said the district attorney. He lied about his employment with w K. James. lied to Mrs. Veatch, lied to the lad at Ensign's. lied to Kraber about the draft.
 The defense in its theory. he said. Is grasping at straws and has thrown between the defendant and the law the buffer of technicalities. The insinua- ton Is made that Leicht died of a sudden attack of asthma or heart dis ease. neither of which facts can by any reasoning be made probable. There was further 1enlarging on the various kinds of murder, the application of the law. the courts instructions. etc. Re- verting again to the corpus delicti. he said it is quite possible that the ex- perts for the defense might have made an attempt at chemical analysis and thus frittered away the county's mon- | ey to no purpose but that the expert | for the prosecution was a different | sort of a man entirely and recognized the uselessness of it. Concluding the | district attorney repeated that if the | jury found that John Leicht came to | his death at the hands of the defend | ant either through the intention of | murder or as the result of an effort | intended only to stupefy him the yer dict should be murder in the first de- l gree with the penalty of either death | or imprisonment for life.
 The instructions of the court were | very long and covered every phase of | the case that could be suggested as well as the construing of the law un- der which each and all kinds of evil dence should be weighed. It took the court over half hour to read the in- from typewriter manu- script, making such verbal comments and explanations as he saw fit. Four forms of ballot were then submitted to the jury. One was for murder in the first degree with the death penalty. the second was for murder in the first degree with the penalty of imprison- ment for life. the third was murder in the second degree in which event the court affixes the sentence and the fourth was for acquittal. IL was after o'clock when the jury retired
 TRACING TT phck