Arizona republican., 1910-03-27
TRIAL
 IN THE GASk|N CASE
FOUR HELD FOR ASSAULT UPON
 OFFICER.
Tyson Who Was Unconscious at the
 Time Was Discharged.

The preliminary cNaminatior of Evan Howell. Ed Egan. Will Tyson, Frank Riley and F. C. Pcery charged with an assault upon officer Harry Gaskn with u deadly weapon while he was m the discharge of his duty took place yesterday before Justice John stone The defendants were reprr- scented by Attorneys Struckmeyer and Nelson for Tyson, Pccry. Howell aud Riley NJ F. Marks appeared for ESaH.
 The evidence was all heard at the morning session. it differed none from tho report of the affair printed by The Republican the following day. Briefly. the officer after repeated warnings had arrested EGan in the tenderloiu district and was taking him away when he was followed hy the other de feudauts who were companions of Riley
 First insulting remarks were made to the officer who struck with hIS gun and knocked senSeless Tyson VII" was doing the most of the talking. The officer was then struck from behind and at the same tiInc in the sace. th' latter blow. in the opinion Of the olil- ger being delivered by Egan. He could not b. sure who struck him from be hind He was rendered unconscious and while in that condition he had been kicked or beaten His gun had also been stolen
 This was the substance of the tes Ntimonv for the territoTy The defense offered none at all but motion Was made on behalf of Egan that he be discharged as to the felony matter since II appeared that he had only etrICk the officer with his first This molten was denied. The court at this time discharged Tyson. who the evI- dcuce showed was on the ground. present m the body but absent in the spirit and obiivious to all that trans pired in the matter of the assault though nc had led the movement for interference with the officer.
 For the remaining defendants. Mr- Struckm.ycr moved for their dis charge on the eXtraordiuary ground that a revolver Whil" deadly weapon when it is used for shooting purposos is not one when it Is used as a club Beside. II it should he regarded as a deadly weapon when used in this harmless capacity. the officer himself had been guilty of felony in striking Tyson.
 Mr Stuckmcycr said further that the evidence had failed tn disclose who had struck tine officer with the gun Therefore if The men who might have struck him should he held there would be manifest injustice to tw" of them innocent as unborn babes.
 Assistant District Attorney Lyman replied rather c"ntemptously tp aI these propositions The act of Er1u he said in striking the officer with his fist while the officer was disChaTgins his duty. that itself was felony. It did not make any difference. said Mir Lyman. who of the three might have used the gun "n the officer. they were all together and pursuing a c"mMuu purpose aiding and ahcttns; each oth-- CT. all were equally guilty. Mr. Iy-' man recommended tu the attorneys for the other side a casual p.rps;i CT Iilr statutes nt Arizona.
 The motions were denied h., Justice. Johnstone and the four were ordered held to the grand ill-;- Mr Lyman raised an objection to tn" amount of the bail which had nccn allowed the defendants pending this examination. The amount was S30n After scmc fur thcr argument on this point the court fixed tn" amount rf the bond Jt S5OH and the defendants were rcmaudcd-