Tombstone epitaph., 1921-08-21
HAvERrY OCCUPIES SHANE ALI cAT

the defendant, charged with the kill ing of his brother. R. K Haverty. in the Huachuca mountains on April 23d, testified in his own behalf under a grilling examination and cross-ques- tioning covering practically every faature of the evidence that has been introduced since the trial started last Tuesday.
 He was on the stand during all the morning session and until afternoon recess at 3:30.
 The afternoon session was taken uo with cross-examination mostly and covered practically every phase of testimony given during his direct tes- timony. The details of the various events mentioned in the direct ar- swers were gone into thoroughly and related mostly with the trouble the defendant had had with the deceased brother. Dick
 He reiteratd number of times on cross-examniation that he shot Dick because he was afraid he was going to shoot him, and said it was a well known fact among all. even here in Tombstone. that Dick had it on his mind 10 get someone"
 The day of the shooting. he said that Dick had talked to Smith pretty sassy" when he called him to one side and at the request of County Attorney Ross. conducting the examination for the state, went again into the details of the shooting as related during the morning session, which occupied con siderable time.
 After he had shot Dick all the horses scattered. he said, and he stop ped his horse about 50 feet away, put his pistol in the scabbord and went back anw saw Dick lying on the ground. He felt sorry for him. he said and was asked by the state whether or not he was then afraid, he said, no
 Al one time during the cross-exam- ination. relative to his fear of Dick, he said the reason he was afraid of bis brother was because man who would throw in with Frank Moson and turn down his own brother when he knew there was bad blood between Moson and himself, would do anything.
 After the shooting he came to Tomb stone 10 give hiHself up and didn't go back to the scene or where Dick was at the Kelly ranch. because ne feared troSble, the defendant said
 He had seen Dick carrying gun many times. he said. and during horse races at Ft. Huachuca and at Ramsey Canyon, several weeks before the shooting he had seen a gun in Dick clothes and on redirect examination he illustrated with Dicks gun which is on exhibit, just how gun could be carried so it could not be seen but the print of the weapon would show through mans clothes.
 Following afternoon recess Remus Smith, brother-in-law Of the defend ant, was called to tn stand and on direct examination related his story of the shooting which tallied with that told by the defendant throughout his examination today. lie heard the shot, he said, although he did not see Jim fire, as his horse wheeled about the time. He hard Dick call to Jim, however: God damn you I'll kill you, he testified. Shortly before o'clock he was still on the stand under cross animation regarding details of the shooting.
 Jim Haverty, the defendant, gave his version of the shooting as he occu- pied the stand the entire morning ses- sion. He said, speaking of the day of the shooting: T started to go 10 Parmerlee's place after bull, with Renus Smith and the two boys, Clay and Ellis. We were all on horse back. Parmerlee's place is about four or five miles distant In going we went the road; we did not go to Dick Haverty's place On the way over we saw a man and a horse in the Aston pasture took it to be Dick. Smith said, Wonder is horse with saddle on.' l said, Its Dicks horse Smith