Arizona republican., 1920-12-14
MURDER CHARGE WILL BE FILED
 AGAINST HEED
Assistant District Attorney Will Swear To Complaint Today Following Verdict Given At Inquest Con- Corning Death of Ed HerWitz

That the death of Edward Herwitz, | who died at 1880 o'clock Saturday af- | ternoon in St. Joseph's hospital, was I the result of a gunshot wound in | flicted at the hands of Burt Heed was the verdict of the coroner's jury at | the inquest held yesterday morning by Coroner Charles DeSales Wheeler. A formal charge of murder will be filed | against Heed today, Herman Lewko- witz, assistant county attorney, said | yesterday following the inquest. Heed | is being held in the county jail on coroner's warrant.
 According to the testimony of eye witnesses of the shooting which oc- cured in the home of w. H. Finley, on Devonshire lane just east of Seventh street about 10 o'clock Friday evening, the shot was fired by Heed as Herwitz walked toward him while they were arguing about 8 fist fight which they had in front of the Dub lin garage on West Jefferson street earlier in the evening. HerwitZ, they said, told them the shooting was ia big accident" after the shot had been fired
 George (Brownie) Holmes said he went to the Stacy hotel with Herwitz about 7:30 o'clock Friday evening where they met Mrs. Heed. Heed, he said, pushed Mrs. Heed into his car and drove away. About five minutes l later, he said, Mrs. Heed came back in a taxi cab in a hysterical condi- ton saying she had quarreled with her husband. He said Mrs. Ethel l Cooper, sister of Mrs. Heed, asked him to use his car to take Mrs. Heed home. Tn front of the Dublin garage, l he said, they encountered Heed who attempted to take Mrs Heed from
 his car.
 Fight In Street
 Herwitz he said, objected to this
 and he and Heed had fight in the
 street. While they were fighting, he
 said, Mrs. Heed and Mrs. Cooper
 drove away in his car and later Heed, | Herwitz and himself followed them.
 At the Finley home, Holmes said, the
 argument was resumed and while Her
 witz was walking toward, Heed
 Holmes said he heard a shot and saw Herwitz turn around and fall. Holmes
 said he did not see the gun in Heed's
 hand because Herwitz was between
 him and Heed.
 Just before the shot, Holmes said
 he heard one of the women say Heed had a gun and Herwitz remarked that he wouldn't use it. Herwitz, he said, told him after he fell that he had been
 struck fin the stomach Herwitz he said, told him it was an accident.
 Mrs. Cooper said when Mrs. Heed came to the Stacy after driving away
 with her husband, the latter told heI her husband had kicked her. She said she saw no blows struck at the house and heard the shot as Herwitz ] was walking toward Heed. Herwtz l she said, told her 1t was an accident. 5 Mrs. Heed's Story
 Mrs. Heed said after they reached
 the Finley home, they were discussing . the fight in front of the Dublin 3 garage. Heed, she said, was sitting 9 oQ her bed. Her husband she sai( 3 told the others that they had only l heard one side of the quarrel betweeI | himself and Herwitz. Herwitz, sh, r said. asked her husband to tell hi '. side and the latter told Herwitz tha s he did not know that he should tel 8 him. Herwitz, she said, then said e "rll make you tell" and started towar'
 her husband with his hands stretche
 out. Mrs. Heed identified 25 cali \ bre automatic as the one her 1lusban I had the night of the shooting
 E When he was about three feet fror him, she said, she heard the shot an saw her husband hold the gun u III above her head Her husband, sh II said, turned the gun over to he mother who hid it. pr. Orville Harr
 Brown said he was called to attend s,' man who had been shot. At the hos ,o pital, he said. they operated and foun to the bullet which entered the pit of tn I'd stomach had passed through bot i'd walls of the stomach and lodged 1 the right hip bone. Death he sai "a was caused by hemorrhage and shocl Y Herwitz. he said, told him the shoot
 ing was an accident and told him bt
 fore his death that he had no state ' ment to make about it.