Arizona republican., 1908-11-25

armed and that they talked of the Clark killing which had recently oc- cured, Button speaking of the bad practice of carrying weapons. Arriv ing at the house, Burnett said that Button got out of the wagon, telling the witness to wait for him as he wanted to go hack to town. He went into the house but did not remain long He started toward the gate where the witness was sitting when Mrs. Button came out on the porch and cried after him in Q tantaliZing manner, Aha, aha, does it hurt you much?'' Button making no reply turned, went back to the house, pushed by the woman who was standing in the door. She fol- lowed him in and the door was slam med shut. The witness heard nothing more until the shots were fired. It was brought out on cross examination that Buttons manner was that of an angry man when he turned and that Mrs. Button had ordered him to stay out of the house, saying. Don't you come in here and raise a disturbance"
 An effort was made by Judge Baker to discredt the witness by asking him if it was not a fact that some years ago, before cement had come into such general use as at present he and But ton had constructed a prehistoric man out of cement and buried it in the river bed until it had aged" and then sought to palm it off on the public as a relic of antiquity. MT. Burnett de- nied that Button had had any part or parcel in that constructive enterprise and the court further held that the whole matter might be dismissed as in it's bearing upon the present case.
 E. A. Spaulding, a neighbor of Mrs. Button heard the shooting and hurried over to the house. He met Pearce on the porch and he told him that he had shot Button because he could not stand it to see him beat his wife He mad pro- tested against it when Button turned upon him and after giving him suffi- cient warning the defendant said he was compelled to shoot
 Mrs. Spaulding, the next witness said that she had seen Pearce at the house in the morning and that night she had also heard the shots. She iluu dloO Sttn llt III Ol q man lipih- ing a revolver but she could not say who the man was. Mrs. Spaulding said that on the Friday morning before. Pearce was there and that she heard a shot apparently in the back yard of the Button home.
 How Button Lay
 The testimony of Dr. Hughes was f, Iaf of lating to the position of Button the floor when he arrived for that has l bearing on a part of the theory of self defense The doctor said that But ton was still alive when he reached the house He was lying on his face his right arm doubled up under him and was foot or eighteen inches away from a sofa along which he lay. The feet and part of the legs lay in one room, but the greater part of the body lay in what has been called the front room. The doctor said that there was enough space between the body and the sofa for one to pass. The body lay with the head to the east; the sofa was 1n the south. The importance of this testimony was developed later.
 Button was not vet uedu- He uoS- or turned him on his back and in 'ew minutes he died. One bullet ,ad struck him in the front part of the abdomen and had passed through, just
 nder the skin to the other side. That wound the doctor said was harmless md comparatively painless. It was lot be said on cross examination suf- icient to have stopped Button if he we're making an assault upon the de- endant. The other and the fatal wound had struck the left side under he arm, passed through to the back ,one whence it had been deflected, passing through the liver. The doctor described the bullet as having ranged
 (Continued on page 7)