Arizona republican., 1914-06-25
Prosecution Takes All Day Presenting Da m a gin g Evidence Against Texas Doctor Who Shot and Killed Tap Booth
THERE WAS GUN
 UNDER HIS PILLOW
Two Weapons Make Ap- pearance in Trial - Bull lets and Empty Shells in Evidence - Booths Cot Refused as Exhibit

Under cross examination by Reese M. Ling of Edward Vim. one of the witnesses of the killing of Tap Booth at Tempe on the night of April s, last. at the hands of Dr. L. E. Wig gins. it was developed that Wiggins, after the shooting, stood d few steps away from the tent in which the dead Booth lay, and, speaking to Winn and his companion. Burge. said: Gen tlemen, you need not be afraid; l will not hurt you. That man was once my friend, but he broke up my home This evidence corroborated that given by Burge, the first witness for the state, when he was on the stand the day before. These two statements are two of the inHllings of the defense that will he made by the accused when his turn comes to present his story some time today
 At the adjournment of the court yesterday after the testimony of the witness. Vim. it could not be learned whether the states case was com plcte or not but it was learned that MT Ling expected to spring few something's before the trial is com pleted and has every belief that he will succeed in eXonerating his client. Outside of these few circumstances, the day yesterday was wholly with the state and the case presented by County Attorney Lyman.
 Witnesses followed each other in quick succession yesterday after thc morning session. Nearly all morning was taken up in the examination oi Dr. Brecken of Tempe, who made the autopsy on the body of the dead man. and a great deal of information was brought out relative both to the course of the bullets, the spasmodic convulsions of the muscles of a body after a mortal wound has been de livered from a pistol shot, and Such matters of interest. Just how lar counsel may examine witness with hypothetical questions was also dls- cussed. following expert testimony ana a review of the facts. Finally the court ruled that only such matters may be put in hypothetical ques- lion as have been brought out in the evidence.
 This discussion centered around the proposition made by pr. Brecken that the convulsion from the shot had caused the body of Booth to roll orr on the floor following the two shots administered when he was lying down and with his head a few inches rom the inflow. The size of the cot came into question. and was finally settled as q single canvas cot that folded longitudinally The cot ltself now ever. was presented in the afternoon but was refused admission as eVl- dence because it had been taken from the scene of the killing 10 Marinette and not entrusted to the care of the officers.
 In like manner. gun found under the pillow on which Tap Booth was sleeping. made it's appearance at the morning session while a colored man named Passon was on the stand. Fas- son was a member of the planting crew and had been awakened pE tue shooting. Passon testified that he saw the gun under the pillow anu saw it afterwards taken away by J. A. Burton. The gun was made an eN- hibit in the case. This is not the weapon with which Dr. Wiggins shot Booth. That was introduced and duly marked later in the day.
 It was during the afternoon session that the interest in the case from the standpoint of the testimony picked mp. County Attorney Lyman had his wit