Weekly journal-miner., 1911-05-17

days whether or not they believe him to be guilty of the murder of his neighboF, H. L. Murphy, last July.
 Rhode was indicted by the Grand Jury during the November session. The killing occurred on July Sth, 1910, about three and a half miles south of Camp Verde, in this county. Rhode is accused of wilfully and wantonsly shooting Lee Murphy, as he was commonly known, with re- volver. He is defended by Attorney Reese NJ. Ling. The prosecution is being conducted by District Attorney H. D. Ross and Assistant District Attorney P. W. O'Sullivan; Judge E. NJ Doe is presiding.
 The Jury.
 The jury is composed of L. 4. Kerr, W. T. King, Gordon Clark, George D. Morris, H. NJ Thomas, H. wm. Stevens, George Calder, George Tisdale, Gary Vyne, V. B. Creek mur, J. W. Harris and ]. H. Orthell. It was chosen in the exceptionally short time of two and a half hours. The real reason for this exceptionally quick work is due to the fact that the killing occurred some distance from Prescott and the venire consist  ed mainly of residents of this city who were unaequainted with any of the principals in the case. In only one instance did a juryman confess to holding an opinion which he did not think he would be able to change. He was promptly excused. Five men, T. G. Kirkpatrick, M. L. Tribby, A. B. Cox, Ed Coughran and H. R. Wood were excused because they had conscientious seruples against capi- tal punishment, which would prevent them from returning a verdict which 'Eonld cause anyone to be executed
 ,a The Only Eye Witness.
 The first witness for the prose eutien was George Reed. MT. Reed IS a rancher living across the road from the defendant and is the only eye witness of the tragedy He has known Rhode for the past fourteen years and was also well acquainted with the deceased. He gave his testimony in a clear impartial manner and in order to show just how the principals were standing at the time of the killing drew diagram which was offered by the prosecution as exhibit No. l.
 'On the morning of July Sth, at about nine o'clock. Murphy came to his ranch and borrowed a mule, intending to spend the day hauling wood. Reed returned to his work and was blowing when he chaneed to look out onto the lane and saw de- ceased going toward his home, riding n horse and leading the borrowed mule He noticed that Rhode was also blowing with a team on his own ranch, next door. As Reed reached the end of the furrow he was blowing he turned around and noticed that Murphy was stopped in front of Rhode and the two appeared to be engaged in conversation. Soon after he chanced to look out on the road again and saw that Murphy had tied the mule to a fence post, had dismOunted from his horse and was running toward Rhode who was now standing in the road; having in the interim in some manner not known to the wit ness gotten through, or over the barbed wire fence which separated Rhodes field from the lane. Ac- cording to his testimony Rhode fired three shots at Murphy the last shot taking effect and deceased fell in the lane about nine or ten feet from the fence where Rhode was standing In all, the distance covered by Mur- phy was somewhere between eighty or ninety feet
 He did not go to the assistance of tRe victim, although Rhode called to him to come over.
 No I won't come over," res bonded Reed, ''Yes, come over," again called Rhode.
 Cd Go to -. won come over," responded Reed, who was now not more than thirty feet from the ac- eused. About half an hour later he went to view the dead body of Mur- phy, which was by this time sur rounded by Mrs. Murphy, the five children of the deceased, Mrs. Bell and Mrs. Maxwell. Rhode was stand .ng there but witness did not speak