Arizona republican., 1920-12-30
MURDER CHARGE WILL BE FILED
 AGAINST GRAY
Expect Action Today-Bond Not Yet Fixed For Man Who Shot Alleged Be- trayer Of His Daughter

avenge the betrayal of his daughter, Ruby, fatally shot James Nelson, while standing on the corner of First avenue and Washington street, and wounded his father, Erasmus Nelson. of prominent Buckeye family.
 A charge of homicide will be for malIy made against Gray today, Judge Carl A Davis, assistant county attor- ney, said late yesterday.
 Ruby Gray, who is at St. Joseph's hospital lowering between life ana death. was said last night to have slightly better chance to live. How ever, according to a statement made by Mrs. Lee White, sister of Rupy Gray, there was little change in Rubys con- dition. She is still in 8 very critical condition, it was said. The girl, of course, has not been told of the trag- edy which caused the death Of young Nelson.
 The coroner's inquest over the body of James Nelson was held at o'clock yesterday afternoon at the offices of | Coroner Wheeler. The jury returned | a. verdict that James Nelson came to | his death as the result of 8 gunshot | wound inflicted by Ava Gray.
 Visits Daughter at Hospital
 Gray attended the inquest and sat | calmly listening to the testimony of eye witnesses of the shooting. When | asked by Coroner Wheeler if he would l like to make any statements in regard 1 to the shooting. Gray said ~irr clear voice that he had no lawyer as yet and for that reason did not care to make any statement at present Fol- lowing the inquest, a deputy sheriff took Gray to St. Joseph's hospital, where he visited with his daughter, Ruby Gray, for several minutes. The father and daughter were alone during the interview.
 Although the young man has been going under the name of James Nelson, 1t was brought out at the inquest yes terday that the family name Is Mel son but is sometimes called Nelson. Young Nelson is said to be about 24 years of age.
 The first witness at the inquest was A. J. Barnes, who said he was across the etreet and heard the shots fired by Gray. Barnes said he rushed across the street, took the gun away from Gray and turned him over to C. P. Anderson desk sergeant at the sheriffs office. Barnes said he saw young Nelson crumple up on the walk. Neither Gray, the elder Nelson, nor his son made any statements. Barnes said. The witness said he went to the hospital with the wounded men and was at the side of James Nelson when he died about o'clock in the after noon. Barnes identified a 3S Smith and Wesson police revolver as the gun he had taken from Gray at the time of the shooting.
 Did Not Resist Arrest Charles r. Anderson, desk sergeant at the sheriffs office, said he was crossing Washington street at First avenue at the time of the shooting and saw Gray pointing the gun at Nelson, Anderson said he looked away and then heard two shots in rapid success sion When he looked back at the men. he said. he thought Gray was pointing the gun at the elder Nelson and saying stand back Young Niel- son he said crumpled down on the sidewalk. Neither of the men, he said, made any statement and Gray offered no resistance when he stepped up and placed him under arrest.
 w w. Sigler SIG South Third ave nue said he was standing on the cor ner talking and heard some one Guess everybodys got gun," and then he heard two shots He said he turned around to see Gray with a smoking gun in his hand, and saw the young man lying on the sidewalk. The elder man. he said. appeared to be
 Walter IT. Haugle said he saw the shooting. Gray, he said, ordered everyone to Stand back T. J. Hill, who has an express stand on that corner. said he heard the shots and saw Gray with the gun in his hand and Nelson crumple to the walk. Gray. he said. asked for an officer after the shooting.
 The Dying Mans Statement
 JudRe Carl A. Davis. assistant county attorney, was called to the stand and testified that he had taken a statement from Nelson at the hos pitaI following the shooting. At the time. Judge Davis sad, Nelson was lying on the operating table ready for the administering of ether. His mind seemed very clear at the time. Judge Davis said. and Nelson told him he thought he would live, although the chances were very slight. Judge Davis read from a copy of the statements Nelson had made, which read in part as follows:
 q was walking down First avenue and Mir Gray stepped out and shot me. He did not say anything to me before he shot and said nothing to him. That was the second time that I had seen him that morning. I had no gun and my father was not armed. Father stepped between us after the shooting. I believe that I will get we'll You can tell them I am still fighting to get well.
 Gray was about five or six feet away when he shot me. I think he had a revolver. but I couldn't see what kind. He shot and the bullet struck my left arm and then went through my body. If Gray thinks I'm respon- sible for Rubys condition. I can't blame him for what he did. I was not engaged to Ruby. I might have been responsible, but I am not sure"
 Tells Of Past
 Judge Davis said. he believed that Nelson thought he was going to die when he made the statement to him A complaint had been issued against Nelson he said. by Lee White, Jr., a brother in law of Miss Gray Two or three days before Christmas. he said Nelson and Miss Gray had a confer ence in the county attorneys office about their affairs. Davis said he had not seen either of them since that time.
 The elder Nelson was not seriously wounded. but is still in the hospital
 UNQUALIFIED
 One day, as Wilie's father was hang