Arizona republican., 1908-11-25

animation that the ball might have en-
 tered at downward angle.
 Crimson Evidence.
 There was a jangle between counsel for the territory and the defense over the introduction of the bullet torn and
 blood stained clothing of Button. Judge Baker objected to the introduc-
 ton of the different pieces on the
 ground that they would tend to in flame the minds of the jury but after all the objections had been offered and overruled and the trousers had been in troduced without protest, the court asked Judge Baker if he desired that the objections should apply to that garment as well. Almost with enthu- siasm Jurge Baker replied that he had no objection to offer in this case. He was glad that the trousers had been introduced and he expected to make some use Of them. He offered no eX- plantation of the use but it is presumed that he will argue that in the multi plicity of pockets there was a place for a revolver which figures in the de- fense.
 The most important witness of the day was Constable James T. Murphy who was at his home a block and a half aWaE when he heard the shots. He ran to the Button house and found no one there except Button. He was lying on his back beside the sofa If that was the position in which he fell his right hand would have been away from the sofa under which Mrs. But ton found a revolver the next morning. The witness did not know whether Button was alive or dead and he turn ed him on his side, away from the sofa. He left him in presumably the position in which Dr. Hughes had found him.
 Constable, Murphy's Testimony
 The witness. later asked Mrs Button who had done the shooting and getting no reply. went out He found the de- fendant at the Spaulding residence and put him under arrest. MT. Spaulding gave the witness the revolver which the defendant had sur rendered to him. The de- fendant said that his hat was in the Button house and the witness took him back to get it. The defendant wanted to speak to Mrs. Button. The witness at first refused to let him do so but second request he consented He said that Mrs. Button put her hands on the defendants shoulders and said, Jesse, I'm awful sorry you done that" The witness said ps he started off with the defendant the latter turning to Mrs. Button said: Good bye, dear
 While they were going to the jail, the witness said that he asked Pearce why he had shot Button. He said that Pearce replied that he had shot him because he struck his wife and he could not stand to see him do it. He had reconstructed with him and Button turned upon him and began assaulting him The witness asked Pearce If Button had a gun. He replied that he had not: was just using his fists The witness said that he asked this ques- tion three times and three times Pearce heplied that SD far as he knew, Button was not armed.
 Judge Baker asked the witness on oross- examination if he knew anything favorable to the defendant whether he would be willing to tell it. The witness replied that he would. He further said that the statements Pearce had made to him had not been called out by promises or threats.
 Another Matter.
 This was really the end of the ter rftory's case so far as the killing was unless there is an elabora- tion of the story in the course of the The rest of the examina- ! tion went to the relations that had 1 been existing between Mrs. Button l and the defendant, dating from Sep | tember to Sunday, october 25, the | time of the shooting.
 w r. Roberts. a colored man liv- ing next door to Mrs Button, said | that the defendant had been a ire quent visitor at the Button house He | could not say how often he had been { there. but he had seen him at all | times of the day. One morning be- tween seven and eight o'clock the | defendant had come to his house af- [ ter a bucket of water. He had also seen him there in the afternoon and evening. His wife, Mary E. Roberts, also said that he had been ire uuent visitor and once she had seen him splitting some kindling wood. On the morning of Friday, two days before the shooting he was at the house again and she heard shot in the rear of the Button house. She understood the shot had been fired by the defendant. That was the same shot which Mrs. Spaulding had heard.
 This whole line of testimony was most vigorously objected to by Judge Baker, as having no bearing upon the ,rime with which his client was charged His objections were over -uled, it being understood though that -hey should apply to this entire fea- .ure of the territory's testimony In he course of an informal argument 1t this stage the court undertook to announce a ruling. when he was in errupted by the district attorney.
 The stenographer," said the court, cannot take down what we both say when we are talking at once; the .ourt has not had much opportunity O talk so far"
 A Hateful Buggy Ride.
 Following the same line of test- nony, C. Hooker, the livery man. aid that on September he had lired a team and two-seated buggy O the defendant and another young nan. It was to be returned later in { he day but it was not brought back hat night. He had seen the two men md two women in the buggy. The