Arizona republican., 1910-06-08
WILL GO ID
 GRAND JURY Grainer Held For Shooting
 Conductor StoWeH HELD IN SUM OF Sl,O0O The Defendant Reiterated His Story of Self Defense When He Was Ordered Off the Conductors Train on April 3.

The preliminary trial of Walter | Grainer for assaulting Conductor s. s. Stowell with a deadly weapon at this place on Sunday afternoon, April 3, was held yesterday afternoon in Just ice Irwin's court and resulted in the de- fendant being bound over to the next session of the grand jury with bail fixed, at $1,OOO.
 One of the features of the trial was the defense offered by Grainer, who was his own attorney. In his state ment of the case after giving an ac- count of a few of his wanderings, which began in New York, westward 10 GOldfield. Nevada, thence to Australia, South Africa and Europe, he related that he arrived at Webster siding on the r. & F. road on the desert southeast of Mesa. It was here that he boarded the train and stated that he paid the brakeman 90 cents to let him ride to Tempe. He further testi- fled that another brakeman came along and demanded another 50 cents which allowed him to ride until he reached Mesa. AS the train was pulling oSt of Mesa and going eleven or twelve miles an hour he stated that the conductor
 
 get off and insisted that he obey. It was then, he stated, that the conductor slapped him at the side of the head and he drew his weapon and fired. The real defense put up by Grainer was that he has a serious rapture and to substantiate his claims Dr. Palmer was called in to make an examination and then took the stand and testified that the man was suffering from rupture and that a jump of six or eight feet would be painful but not necessarily serious. The real conten- tion of the defendant was that on ac- count of his ailment he was afraid to jump. and another reason was that he believed it would mean an injury to him had he jumped while the train was going at a speed which he be- lieved it was.
 The territory was represented by As sistant District Attorney Lyman, who introduced evidence principally to show that there had been a crime com mitted and that Grainer was guilty of 1 committing the crime.
 Conductor StOwel was present to | testify, although he was evidently suf- i fering considerably as a result of the. shooting The conductors testimony | in a good many details was. the same | as that given by the defendant, name- | ly that he appeared over the side of | the car and saw the defendant and | that he asked him to get off. He testi- fled that the train was just leaving the station and had not attained a | speed greater than four or five miles an hour, a speed that would not pro- hibit any man getting on or off the car
 $. Gates the cOndutor and Fred Phelps motorman who were in charge )f the motor car that was standing Dn the siding waiting for the freight -o pass, testified that they were quali- lied to gauge the rate at which the rain was running and that in their opinion the train on which the con- luctor was shot was not going to ex- ,eed four or five miles an hour Mo Orman Phelps further testified that le saw the conductor motioning for he man to get off but could not hear that was said. However, he 'alled to the brakeman as soon as he ] aw the shot fired, that the conductor vas shot and that the brakeman ran Alongside the cars and turned on the | ir. stopping the train. Charles Bloomer appeared as a wit less for the defendant and testified ! hat he saw the shooting and that in is opinion the freight train was go- lg twelve miles an hour MT Bloom r. however, testified that he was a armer and was not an expert on q udging the rate at which trains were lOving. Apparently all of the local railroad I onductors and engineers on the Mesa pad. including Superintendent Scott, ere present at the trial.
 Grainer testified that this was the rst time that he had ever been in | harge of an officer. He conducted " is case with considerable ability for | n ordinary layman. dismissing his illnesses after cross examination with . Thatll be all' with professional bandon. D