Weekly journal-miner., 1913-12-17

CbuiilE Jdll. ne gave HIS 3tDl F- I ittC was not hitch in the details of his story no loophole for incrimiua- ton. lie has told the story to his counsel time and again and it agreed in every particular with the one he told yesterday.
 Although the accused cannot talk a word of English, he displays a marvellous ability to fathom the mysteries of the judicial machinery grinding about him The gleam ln his dark, piercing eyes gives expres- sion to his thoughts He follows the testimony of every witness and invariably the emotions upon his face betray the thoughts he har- bors at the moment.
 Fernandez was called to the stand by Mir Tascher at 4:30 o'clock. For an hour he answered questions through the interpreter. never he,itating, always answering clearly and comprehensively. At 5:30 o'clock Mr. Tascher suggested to the court that the jury might be weary and desire to adjourn until this morning. Judge Smith put the question to the twelve men and to unit they motioned for the examination to go on. Twelve pair of eyes settled con stantly and not unkindly upon the little man who was fighting for his life His readiness 10 answer questions and the manner in which his alibi shone up in relief caused the jurymen to lean forward in expectation and wonderment.
 Mir Tascher continued the exam nation. Fernandez then sprung 1eat sensation by denying the own ership of the knife furnished by the prosecution, which is alleged to have been sunk into the murdered mans body nine different times The knife was found in Esparcia's grave when 1t was unearthed the morning after the murder near Fort Whipple.
 Fernandez explained that he had come to town the morning of his arrest and purchased a bottle of whisky, after which he returned to his camp. quarter of mile from where the grave was found. He admitted going Up and down the creek bed, this accounting for his footsteps leading by the grave
 Then the principal instrument of circumstantial evidence, the deer handled knife. fouml in the mur- dered mans hand. was brought into play.
 Did you ever own a deer-han- died knife, Juan:' asked Mr Tascher
 q did: I have owned two,7 he replied through the interpreter.
 Upon examination, Fernandez said he had purchased one about two years ago at the Bishop store and had sold it to some Mexicans who had visited his shop. Later he also sold the second knife. Asked to identify the knife, Fernandez said No, I never owned that knife. The second knife l purchased had a small horseshoe imprint upon tie end of it. I have never seen this knife before"
 This testimony places a different aspect upon the theory that Fernan- dez, after killing his victim, put the ] knife in his hand. Those inter- ested in the case have expressed their criticism of this theory for some time Fernandez is hardly . the ignorant criminal if he is one to do such thoughtless thing. Mrs. Bishop has testified that she . sold the knife exhibited to Fer. nandez. Upon examination, the lat ter declares that Mir. Bishop made the sale in question.
 Adjournment at 5:45 o'clock was called until 9 o'clock this morning With the shades of night practi- ,ally settled over the city and the Jul lights of the courtroom twink ling, the twelve jurors in charge If their bailiff filed from tine room. The attorneys after a hard days work retired simultaneously. l.
 Yesterdays legal battle was prob lbly the most stragetic and force ul days fighting ever waged in murder case here From 9 o'clock n the morning until noon and for n hour during the afternoon ses- ion, the attorneys maneuvered, |, harged, retreated and sallied about { he point whether or not the testi- nony of Maria Gonzales should ;