Arizona republican., 1908-11-25

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 about drinking was continued Buttor
 then returned, while the defendant was
 still in the adjoining room. He heard
 a scuffling and one of Mrs. Buttons l little children ran to the door calling to him, Do not let him kill mama
 The defendant stepped to the nexi
 room and remonstrated with Button
 who again struck his wife and. turn
 ing upon the defendant, said, 'I'll kill
 you if you butt into this" He ap- preached him with his hand on his hiI l and the defendant drawing his weapon told him to stand back He kept on and the defendant fired a shot into the floor. Still Button advanced, and the first shot that was intended to hit
 was fired. That was the one that
 passed around the abdomen. Immedi-
 ately after the third shot was fired
 and Button fell to the floor.
 It would be further shown that the
 defendant had not armed himself for
 any trouble with Button. but that he had been carrying a revolver only on
 journeys which would carry hi mintO
 the night on his return to his home at
 Mesa. There would also be aboundant
 evidence of the good character of the defendant, who had been raised in
 this county and had enjoyed the re- spect of all who knew him. The wit nesses who would testify to his char cater were among the most respect able residents of the communities where they live.
 Mrs. Buttons Testimony.
 At the conclusion of the statement. Mrs. Button was called to the stand. She said that on the evening of Oc- tOber 25 her husband came to the house bringing some game, he said. for the children. He threw the rab- bits and birds on the floor and talked with the children. The witness. notic- ing that he had been drinking, asked him where he had got his liquor. see ing it was Sunday. He replied that he could get all he wanted and that it was none of her business. He turned to go out and did go She asked him why he would drink when he knew it hurt him. He returned to the house and slamming the door -seiz- ed and threw her back of it. He struck her either with his fist or his open hand and then Pearce remOn- strated. Her husband struck her again and turned on Pearce. Next she heard a shot and then she ran out but returned immediately after the chn- dren
 Soon after Constable Murphy came and asked her who had done the shooting. Why do you ask me-" she replied. She denied that She had aft erward thrown her arms about the de fendant as he was being taken away She said that the next morning she found the revolver under the edge of the sofa near where her husband fell She took it to Mrs. Spaulding and and a message was sent to, the office of the sheriff. Before any one arrived from the office of the sheriff she saw the constable across the street and turned the weapon over 10 him It was then put fin evidence and prom ises to be an exhibit about which a bitter fight will center, the territory trying to show that the finding of the pisol was an. afterthought
 Mrs. Button related the story of the disagreement between herself and her husband and her desire to get a di- vOrce from him. She had asked the defendant that afternoon to lend her the money. little thinking that within a couple of hours no money would be needed to bring about a permanent and legal separation.
 Ii was after four o'clock when the witness was turned over for cross examination which was begun with a insinuation by the district attorney that Mrs. Button had no in- terest in the acquittal of defendant: that of course, her only desire was to see exact justice done as between him md the territory. The witness replied n the affirmative after which the dis rict attorney asked her if it was not l fact that after the arrest of the de- 'endant she had told Mrs. Roberts that she hoped that he would get off and hat on another occasion she had told Mrs Roberts that he would be turned oose because he had lots of money The witness said that she had had no uch conversation with Mrs. Roberts.
 She was then asked if she had not old Mrs. Roberts few days before he killing that her beau had been to ee her the night before and that she vas going to get a divorce and marry Jim. That was also vehemently de- lied as was also a hint that at the time f the meeting of the grand jury she lad asked MT. Roberts to say to the rand jury that he did not know the defendant.
 The district attorney asked her if he had not on Friday or Saturday be- ore the killing Of Button told Mrs. | soberts that the defendant had been |. here and had new revolver and that | e had tried it on a chicken. That was lso denied. It was the purpose of the | rosecution to account for the shot , card by Mrs. Spaulding and Mrs. | ,oberts on Friday morning.
 Some allusion was made by the dis rict attorney to the dark clothes the fitness wore. Judge Baker rose and