Weekly journal-miner., 1916-02-02
10 WITNESSES EXAM
 MED IN MURDER CASE
fFrom Wednesdays DailyO


 Ten witnesses were examined in
 the trial of Daniel McCarty o1 a
 charge of murdering ]. E. Smith in ] the Superior court and the case IS eX- pected to be concluded by this after
 noon and the fate of the defendant placed in the hands of the jury. County Attorney O'Sullivan in an opening statement to the twelve men stated that after the case was con ! cluded he would expect verdict of
 murder in the first degree against Me | Cartv. He said that the defendant , had but three reasons for killing
 Smith-the first being that Smith failed to buy his property. second that Smith was looking into another propo- sition at Wagoner and third that Smith refused to pay his board bill.
 The men who will decide whether
 McCarty is guilty or not are (. A. French. George Maglicio, ]. LeBar- ron. l.. Benjamin. Masten Young. Ru- fus Fuller. Charles Kennedy, F. Tree, ]. C. Snow. J. L. Simmons, E. Over ton and c. H. Bishop.
 Attorney George w. Nilsson who
 is conducting the defense, stated to the jury that he will attempt to prove that McCarty was unbalanced at the
 time nc shot Smith and that he thought he did it i1 self-defense. R. w. Tunnels of Crown King who has been in the mining business in the Bradshaws for the past four years declared that he first met McCarty and Smith during November in Pres colt Runnels told of McCarty mak- ing the mining and homestead propo- sitio1s. their trip to Wagoner, the in spection of the defendants property and that he was in Crown King at the time of the killing. When ne left the two men to go to Crown King they were on good terms. In cross-exam- ination Runncls stated that Smith was six feet one inch high and weighed about 225 pounds but was all muscle and bone.
 A letter written to Smith by Me Carty in the form of a tentative agreement as to expenses on the trip was introduced in evidence by Attorney Nilsson and identified by Tunnels. A blueprint of map of Nc Carty's land and location notice for one of this mines was also introduced. ! Tunnels stated that he understood that he and Smith were to pay Nc ] Carty's expenses. Smith was to pay the expenses of the trip and ne was to settle with him when they returned | to Prescott
 H. w. Cole. postmaster and pro prictor of lodging house at Wagon 1 CT. testified that McCarty came to | Wagoner with Smith and Tunnels | about December loth. On Sunday | morning. December 26th. he heard . McCarty and Smith arguing over some question. After dinner Smith | and McCarty went out into the hills. ! Later McCarty returned and said that ne wanted to use Coles snotgu1 to shoot some quail. He was rather ex- cited when he got the gun, according to the witness. McCarty returned later with Smith but had no quail The next morning Smith paid his own bill and S2 extra for board and room that night. When he left the house he told Cole that he was going to lool; at placer claims belonging to man by the name of Tracy. A few min utes later McCarty came into the kitchen and asked Cole ii he had paid his. McCarty's bill, claiming that he had written agreement with Smith to that effect He then heard Me Carty talking to Smith in the dining room and the latter said, Don't get excited.' It was between and 10 o'clock when Cole heard a shot fired and thought that somebody had killed