Arizona republican., 1917-10-07
DANIEL BOUND
 F0R TRIAL, IN
 JUSTICE COURT

conversation alleged to have beel. overheard on the mezzanine floor of the Jefferson hotel when J. E. Chapman asked Mrs. Josephine Frances Daniel at what hour she had returned to her room from his own quarters across the hall and her reply of three o'clock. was a bit of the spicy evidence intro duced at the preliminary hearing of Charles Daniel. charged with assault with deadly weapon with intent to commit murder.
 The hearing was held in Justice De Souzas court and after several hours of taking testimony Daniel was bound over to the superior court. He fur nished s5,000 bond.
 The case is the outgrowth of a shoot ing escapade in the hotel on the even- ing of September 16 when Daniel claims he found Chapman in his wife's room. This fact Chapman denied on the stand yesterday as he stoutly denied that Mrs. Daniel had ever been in his apart ment.
 T give you credit for one thing, you deny like gentleman declared the counsel for the defense
 The state attacked the defendant s attorney for his repeated questions which County Attorney L. M. Laney declared were irrelevent, the opposing counsel, George Purdy Bullard. pro- testing that he had the right to lay the foundation which he declared would be established by competent witnesses that Mrs Daniel was in Chapman's room on three different occasions and that the conversation on the mezZan- inc floor relative to the time of her leaving his apartment were facts.
 The law provides that homicide is iuStifiable when it prevents the perpe- traitor of felony. If adultery has been committed Daniel had a right to shoot Chapman down. said MT. Bull lard.
 Although the defense waived any ob- iection to the wife'S appearance against her husband the state did not call Mrs. Daniel to the stand and she later ap- peared as witness for the defense. The test question to prove her hostile witness was put by Mir. Bullard.
 Do you want to see your husband convicted and sent to the penitentiary?
 He deserves it." replied the wife.
 Chapman was the first witness called by the state. In the hospital from the right of the shooting until last Mon day, he still appeared weak and fre- quently called for glass of water. He arnarently felt the heat and cOntin- ually mopped his brow
 When cross examined by MT. Bullard Chapman sprung the surprise of the day by declaring the man he was at tempting to send to the penitentiary was a fit subject for the state hospital l .a1 A again that Daniel was not in full pos session of his senses and the reasons he gave furnished the attorney exam ming him an opportunity to ask rather pointed questions relative to his rela- tion to Mrs. Daniel.
 Under direct examination the young mining man, who occupied room 234 at the Jefferson. stated that he had stopped a moment before the door of room 230, occupied by Mrs. Daniel and her mother Mrs. C. w Smith, to ask the women to join him in a walk or on the roof garden of the hotel The day, he said had been stormy and he be- lieved a bit of air would do them good. They declined his invitation, declaring it was too late.
 As he was about to leave, Mrs. Daniel glancing down the hall, said, Here comes Charlie" Chapman testified he started to shield himself in the door way and after making the first impul- sive move to step aside he turned around and faced Daniel, who said T have got you now you and fired. My God you have shot me" Chapman remembered saying as he grappled with him. He then went to his room and phoned the office for physician
 Why did you want to shield yourself when you saw Daniel coming?" asked MT. Bullard.
 "I did not want to be observed was the answer.
 Why not?"
 Because I did not consider Daniel a man in full possession of his senses.