Arizona republican., 1921-03-01
GRAY TEST|FIES IN OWN DEFENSE. CASE ENDS TO-DAY
witness u Says He Does Not
 RReemeemIber ne meemI Clearly Details z VI Shooting = Case In
 Jury's Hands By Noon

Il
 Jury's Hands By Noon
 Testimony in the trial of Alvah Gray oi Miami, charged with murder as the result of the fatal shooting by him of James Nelson of Buckeye here Decem- per 2s, closed yesterday afternoon with the states rebuttal, after Gray had tahen the stand in his own defense and toid or the shooting and,the events pre- ceding it. The case will go to the jury before noon today, one hour being all lowed each side this morning for argu- ment.
 Gray was called by the defense yes terday morning following the cross examination of his daughter Ruby, who testified Saturday and whose alleged betrayal by young Nelson was the cause of the killing. Gray said he could not remember much of what he had done from the time Lee White his son-in Jaw, pointed young Nelson out to him when they passed on the street, until after the shooting had taken place
 T walked out of the fruit store at the corner of. First avenue and Wash ington street directly facing James Nelson. and the shooting followed i'm mediately when met him face to face Gray said. He declared he did not know the Neilsons would be in town that day, and that he had never thought of killing young Nelson. He denied he had ever told White that he would do so. He identified as his own the gun offered in evidence by the state
 Gray testified he came to Phoenix from Miami December 24. That night, he said, his daughter Mrs. Alice White and his sop-in-law, Lee White, told him of Ruby's alleged betrayal by young Nelson. Until then, Gray said, he had not known of the affair. They also told him. he testified. of the steps they had taken and of getting out a com piaint on which Nelson was brought back from Turlock, Cal, on stetu- tory charge.
 Hears Daughters Story
 His daughter Ruby told him of her romance with James Nelson. the wit ness continued, and he Identified a package of letters from Nelson to his daughter, which he said he read that night. Ruby told him. he said, that Nelson had promised to marry her and later refused to keep his pledge after he had been. brought back from Tur- lock on warrant sworn to by her.
 Gray said his son-in-law told him of Neilson's attitude in the case. On De-
 
 came a mother prematurely at St. Joseph's hospital, where he spent most of the next.
 On the morning of December 2S, the witness testified, he came down town with White. and they planned to go to Liberty after going to the hospital. While they were standing at First ave- nue and Washington street, he said, James Nelson and his father Erasmus Nelson, Buckeye banker. passed them and White pointed them out to him. Gray said he became very excited and restrained himself with difficulty.
 White then left him to get shave. he said. and he did not remember clearly the succeeding events. He said he had some recollection of going into pool room and buying a paper and trying to read 1t. He said he also recollected some one stopping him on the street and saying Hello, Alvah," but could not remember who it was. At last he went into a fruit store on the corner of First avenue and Washington, he said and on coming out met the two Neilsons face to face. The shooting of young Nelson followed.
 Justice Nat T. Mckee was the last witness for the defense. He told of the statutory charge brought against James Nelson by Miss Gray
 Tell of Shooting
 The state opened it's rehutta1 with the testimony of Walter l.. Hough, son. in law of Erasmus Nelson, who was with the Neilsons the morning of tke shooting. He said Gray seemed cool and collected, and ordered everyone to stand back after he had fired the slots. Sheriff John Montgomery testified he was in the sheriff's office when Gl ay was brought in, and that the latter said or did nothing which would indicate lie was temporarily deranged. c. P. An derson of the sheriffs office said Gray appeared calm when he placed him un- der arrest after the shooting
 The elder Nelson testified Gray seemed collected and cool at the time of the shooting, and in answer to a question from a juror said he had fur nished Lee White with the funds to aid in finding his son after he had left home in November.
 C. l.. Pate testified he started to pick Nelson up from the sidewalk following the shooting and that. Gray still holding his revolver, told him to stand back and call an officer. Someone in the crowd remarked that the man was dead, Pate testified and in reply Gray said: "Tf he ain't, there1l be another time" The state closed the rebuttal with the testimony of Deputy Sheriff Ernest Smith. who said he observed Gray for half an hour after his arrest He was not permitted by the defense to give any opinion on Gray's state ot mind.
 Most of yesterday afternoon was spent by opposing counsel and Judge R C. Stanford in agreeing on the in structions to be given the jury in tht csse vvbicb will .be continued at g. 3t