Arizona republican., 1917-07-24

Taking the stand in his own behalf and suavely explaining his actions on Thursday evening, when he was ar rested for assault with a deadly weapon, John L. Donnelly. president of the State Federation of Labor and member of the State Council of De- fense was granted a dismissal by Jus tice Wheeler yesterday.
 Mir Donnelly, who admitted quar- rel with Frank O'Leary, the complain ing witness. stated that another must have heard their loud talk and flred shot to warn the police. The missing cartridge from his automatic was also accounted for by the labor leader, who remembered that he had shot badger on his way to Globe a few days before
 He denied being intoxicated, as the city police officers testified, but stated that he was "all in" from three days strenuous business in Clifton, Blsbee and Columbus. When he arrived home Thursday, dead for sleep, he said, he had taken an acetanilide tablet and some tonic, which, he said, may have accounted for the suspicion of the police F. c. Struckmeyer, counsel tor the defendant, reminded the court that in the days of temperance one drink was as effective as many when the town was wet
 MT Struckmeyer said he was not in the habit of introducing evidence at preliminary. but did so that his client might be cleared of the charge against him in the interest of the public at large. He stated that public responsi- bility rested upon the shoulders of the defendant and others had right to expect from him vindication at the pre- liminary.
 County Attorney Sums Up
 County Attorney L. M. Laney, who conducted the prosecution, submitted the case without argument He made a brief statement to the effect that the testimony was conflicting, but advised the court to view the case scientific ally.
 Some one shot a gum" he said, and concluded with, "If the facts disclose that public offense has been commit ted the defendant should be held to answer"
 For lack of evidence the case was dismissed after several hours hearing.
 The first witness called was MT. O'Leary. He testified that he was in bed Thursday night when he heard his name called and went out, to be con- fronted by Donnelly in his night robe which he refused to change for more tOlIN gal ldlti III lllc evening when taken into custody by the officers. Donnelly Introduced him. self to O'Leary and made clear his bus mess was not of a friendly nature. His first words were challenge. He re- marked that he was pretty handy with his fists and that he had heard O'Leary was something of a fighter himself. He was invited to "come out" by John L. for the insults he had offered to the latters wife. During his entire talk, testified O'Leary, DOnnelly appeared to be hiding something in the fold of his nightgown, which he believed to be a knife.
 'I did not want to fight" said O'Leary under oath. T told him that l had not abused his wife, but that when she had disturbed my peace 1 or dered her home. 1 advised him to re- turn to his house but he still stood at my gate with his hands behind him, and then 1 saw he was holding a re- volver. 1 didn't want to get killed so I said, Wait until I get my shoes on and 1 went toward the door just as he raised his arm and levelled his revolver at me. I did not hear the report as I slammed the door and went to the ba ok of the house to call the police
 Would Embarrass Witness
 Counsel for the defense had his in- nings in attempting to embarrass the witness by the question:
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