Tombstone epitaph., 1921-08-21

been telling about him (Dick). If he ever says anything about me. I'll kill him." Johnson said Dick told him
 W. J. Stewart, Tombstone barber, said some time before his death he thought Dick told him that Jim was stealing his cattle. and he was goine to chase him up and if he ever cought up with him he would kill him" Stew art wasn't sure, however, Dick had made the statement.
 Bert Hand, J. D. Lowry and Bob Foarr all testified that Dick always carried a gun.
 When the defense had rested the state called Joe McCabe in rebuttal and he testified that he knew Dick for many years and he had always been peaceful, law-abiding citizen. Robert Todd Harry K. Street, Judge Henry C. Magne. Jack Parker, Harry Raffer- ty. Jack Asworrh, J. r. Mcdonald, Joc Hood and Joe Parmerlee, all testified to the same thing before court ad- journed until morning, when addition al testimony will be offered with few possible witnesses in sur-rebuttal. fci- lowing which arguments will be held and the case will go the jury some time during the afternoon.
 This morning Renus Smith. broth er-in-law of the accused. completed his testimony. which was mostly in coz roberation Of the defendants testi mony given yesterday covering details of the shooting and trouble had be tween the brothers.
 He was followed by Clay Hayerty, son Of the defendant, who was pres. ent with Smith and his father and younger brother when the shooting occurred. He reiterated what ha l ben sworn to on the stand by his father and Smith during their exami- nation. and the cross examination dealt mostly with testimony given at the preliminary hearing which differ cd somewhat with that given on the stand in direct examination this morn ing. Like his brother-in-law's his horse. too, stampeded when the shot was fired and he did not actually see his father shoot Dick, he said
 Ee was followed b. Jim Kelly. a, whose ranch home Dick was taken following the shooting. The direct ex animation had finished when the noon hour arrived and cross-e -examina ton was allowed 10 go over until the afternoon session.
 Kelly related wha; le knew of the killing and the only difference in his testimony as to Dicks dying state nent was the fact that he said he m. derstood Dick 10 say he threw up his hands and fell after Jim had shot and not before. The only difference is that understood Dick to say, I threw up my hands and fell when he sho, when he threw down on me as had he tstified, but signed it, and later not see Dick sign the statement and didn't hear the statement read over when Moson read it over to Jim Kane he esti:ied. but signed it, and latre Mrs. Moson took charge of the state rnent and pinned it under her belt
 He also heard DICK tell his wife 0. the shooting and understood him tc say about the same thing. The state ment that Mrs. Hayerty had told him that Dick always carried his gun. was ordered stricken out on objection from opposing counsel.
 The bloody shirt, cut from Dicks body by the doctar, was introduced iI 1. evidence by the defense and for the , first time during the trial the widow Of the deceased, Mrs. Hortense Hay erty, broke down and sobbed bitterly during the time questioning was going . regarding the garment and while | was bein exhibite to the jury showing the bullet hole.
 ; Kelly also testified that he had told Jim Haverty on several occasisni what Dick had told him. 'In March. said the witness, 'I told Jim that Dici
 had told me that if ever caught him ir . b;s n, sfuro bo vould chonf him in fVf