Daily Arizona silver belt., 1908-11-08

1 H P ' formally arralgned the
 &~~ - second morning after hls self surrender and had pleaded not guilty. The grand jury was In session Indeed, had about finished It's labors and there had been no reason for de- lay, All necessary witnesses for the state were on the ground, and Fielder for his part had no others to summon ! So that when Dr. Brent one keen fore. noon swung himself or a Pullman al the station, returning from his ten days absence, be found the town first day of the trial. Before be left the station he had learned of Prendergast's death and accusation and knew that ! Tom Fielder had come to the prisoners defense. pr. Brent had taken no stock in the young lawyers view of Hugh Stires.
 He betook himself to the filled court. room. The court hnd opened two hours before and half the jury had been se- lected. His attention was given first to the bench where the prisoner sat and second to a chair close to the rail ing beside Mrs. Halloran's. where girls face gllmmered paleiy under a light veil.
 Toward this chair the hundreds of eyes in the room that morning had often turned Since the day Mrs Hal loran had surprised Jessica at work 4bs. s,S, t,,A ka kaI hnr counsel; but. as the physician had con iectured. the monument had been stuni bled upon and had drawn curious wis itors. Thus the name on the grave had become common property and the coin cidence had been chattered of. That Jessica had chiseled the statue was not doubted. She had bought the tools in town. and old Paddy Wise. the black smith. had sharpened them for her. The story Prendergast had told in the general store. too, had not been forgot ten. and the aid she had given the fever stricken man had acquired q new significance in face of the knowledge that she had more than once been ad mitted to the jail with Fielder. From the moment of the opening of the trial Jessica had divided interest with the prisoner.
 Circumstantially speaking. the evi- dence was fawless. Dr. Moreau. while little known and less liked, had figured bi the town as promoter and an in- ientor of "slick" stock schemes. He had come there with Hugh Stires from Sacramento, where they had had a business partnership of short duration. There had been bad blood between them there, as the latter had once ad mitted. The prisoner had pre-empted, the claim on Smoky mountain in an abortiye boom" which Moreau had engineered. and over whose proceeds the pair, it was believed. had fallen out He had then, to use the attorneys phrase, "swapped the devil for the witch" and had taken up with Prem dergast. who by the manner of his talk ing or had finally justified jail rec ord in another state. Soon after this break Hugh Stires had vanished. On the day following his last appearance in the town the body of Moreau had been found on the Little Paymaster claim shot by cowardly bullet through the back, fact which pre- cluded the possibility that the deed had been done in self defense. There was evidence that he had died pain- full and lingering death Suspicion had naturally pointed to the vanished man. and this suspicion had grown until, after some mouths absence, he had returned, alleging that he had lost his memory of the past to resume his life in the cabin on the mountain and his partnership with the thief Prendergast. The two had finally quarreled, and Prendergast had moved to town.
 Subsequent to this the latter had been heard to make dark insinuations, unnoted at the time, but since grown significant, limiting at criminal knowl- edge of the prisoner. The close of this chapter had been Prendergast's dismal end in the gulch when he had produced the scrap of paper which was the crux of the case. He declared he had found Moreau dying: that the latter had traced with his own hand the accusa- ton which fastened the crime upon Hugh Stires
 In his cross examination Fielder fought gamely to Tighten the weight of the evidence. All rested. he said, upon