Tombstone epitaph., 1921-08-21
TESTIMONY STARTED lN HAvERrv CASE

"sS tHt vase Cl lBt Sldte vs. Jim Haverty, charged with the murder of his brother, Richard K Haverly, near the Huachuoa noun tains on April 23rd. and up until the time court adjourned three witnesses had been put on the stand by the state with the third 10 be recalled tomorrow morning 10 complete her testimony.
 Following the selection of the jury which was completed by noon today, aud peremptory challenge exercised b. both sides by o'clock, the jury was sworn in and all witnesses for the state and defense numbering fifty, were sworn and placed under the rule and excluded from the court room.
 pr. Geo. Wm. Ryer. Fort Huachuca army surgeon. was the first witness called when the case was opened without an opening statement by the state
 Dr. Ryer occupied the stand for the better part of a half hour, during which time he related. both on direet and cross-examinat:on his being called to the Kelly home 10 attend the wounds of Dick Haverty. He told of examining the wound and of advising relatives that Haverty be taken 10 the post hospital for exploratory opera tion in the hopes of saving his life, for which chances were slim, he stat ed he told Frank Moson Arriving at the hospital the operation was per formed. following X-ray examination and Hayerty died at 4:55. he said. The doctor said that when he first ex- amined Haverty. the oyiDg man asked him. What do you think, old timer. am l done tor?" He said he told Haverty to have a little nerve and they would do all they could for him. to which Haverty replied he had more nerve than any man in the world. The bullet which killed Hayerty took downward course, Dr. Ryer said, ard be indicated the point of entry and wher the bullet was lodged in the spinal column, on a skeleton exhibit produced in court Crossexamina- ton dealt mostly with the course of the bullet in an effort 10 shake the testimony regarding :he course o' the tuilet. and about the doctors pTcfes- yional opinions expressed regarding t.e recovery of Eaverty.
 pr. H. 4. Reese cf Bisbee, wbo per formed the autopsy on ,1e body. was tta states second witness Hi, tssti- nony dealt with the removal of the brllet and the position he iyard the taI in, the spinal column, which he produced and # was introduced as eyi- dence by the state and given to the doc;or said, The cause of death Was secondary to the bullet wound and # is possible the man would have re- r.ajned paralyzed had he lived lie described the course fl the bullet, and cross examination dealt most as 10 his qualifications as an expert wit uess with relation 10 possible para lysis.
 Shortly before adjournment Mrs Frank Moson was called and was still on the stand when recess was taken. Her testimony dealt with con- versation had with Haverty when he lay on his death bed at the Kelly home. She will take the stand again tomorrow morning, when court opens.
 A tense moment occurred shortly before the trial started, when the state asked that Mrs. R. K. Haverty, widow of the deceased. not oe excluded from the courtroom under the rule applied to the witnesses Mrs Hayerty re- piled to charge of the defense that she was not an eye witness, saying: 1 No, but my husband was" The | court called for order and following conference with attorneys in chamber l she was allowed to remain in the l court room.
 This morning, although not connect ! ed with the trial, another incident occurred which created considerable ! excitement among attendants at the 1