The Coconino sun., 1921-08-26

Hillsdale, and latter was wearing Q mackinaw, red with brown or black check. Sat in smoking car across aisle from Nash during most of the trip. Said Harry's reputation in Hills dale was bad. Named w. c. Bowser, J. H. Morrow and Mrs. Henry Hart as persons who had told him about de- fendant. Schenck made play on the word reputation, his objection being that the opinions of three or four or less people, some of whom had ex- pressed their opinions subsequent to arrest of defendant, didn't constitute general reputation" and the testi- mony was stricken from the record. Witness said he and Harry always got along well together, but that he has no use for Harry's father or brothers. Denied he had struck defendants fa- ther with an iron bar or that he had chased said father down the road. Said the elder Nash attacked him.
 There were numerous objections during the taking of the testimony. Judge Jones questioned Mir. Curry some, then turned toward Schenck and let fly shaft of irony. "lt seems that the witness gets farther with the court than with counsel" he said.
 Richard Spatz, of Hillsdale, recall ed, said Harry wore a mackinaw in and around Hillsdale, but didn't know color.
 Mrs. Schwab, recalled, said her hus- band never had any firearm; that he never used intoxicants, dope or pro- fanity. That he wore hat and had n't worn cap since they left Colo rado three years before.
 J. Ebert Nash, brother of defend ant, said Harry had no mackinaw either on him or in his possession when he left home. Said the younger brother, Herbert, had reddish mack inaw.
 Mrs. J. C. Nash, mother of the de- fendant, recalled, said Harry did not have mackinaw on when he left home.
 Counsel for defense then announced they would rest their case, asking per- mission to bring forward another wit ness on Monday, if they could get him here. They referred to Ben Rectdol, former partner in the secondhand business with Carter Joy. He had been located in Kansas. Defense hoped to prove by him that Schwab was in the store on the day before he was killed and tried to trade a 32 Colt automatic for a larger gun. State announced that they also might call one or two more witnesses.
 MONDAY
 Mir. Schenck moved that the jury ha (, He then asked that the trial be con- tinued from day to day, not to exceed one week, to give the defense an op- portunity to produce Ben Rectdol, who had been located with thresh- ing outfit near Phillispburg, northern Kansas. He read an affidavit that Carter Joy had made in the presence of himself and c. B. Wilson after Joy left the witness stand. Joy said in his affidavit that the first time the importance of the gun was brought to his attention was last Friday, when his wife told him at dinner. Joy told her that Schwab did have a gun, as his partner, Ben Rectdol, told him after Carl Schwab had been in the store inquiring about some one who had previously been in trying to sell a typewriter that the man who had tried to pawn the typewriter was the man who had at the same time tried to trade revolvers with him (Joy). The defense hoped that Rectdol would be able to identify the photo of the dead man as the one who had tried to sell him a typewriter and to trade Joy 32 Colt automatic revolver.
 A man named Quinn, who boards with the Joys, repeated the conversa- tion between Joy and his wife to Clyde Hunnicutt, who in turn report ed it to Attorney c. B. Wilson.
 Judge Jones granted the continu- ance, feeling that if Rectdol should prove to be a material witness, it would be much better to have him here now. For if Rectdol was not heard in this trial and it should de- velop later that he had something of importance to tell, it would very like ly mean an order from the supreme court for new trial.
 The defense had a hard time locat- ing Rectdol. The latter's wife, who is a daughter of J. c. Dooley, of Doney Park, had been traced to Oklahoma, then finally located in Kansas, and after great deal of telegraphing and telephoning, her husband was located through her. He left Tuesday morn- ing for Flagstaff, from branch line point.
 Jury Visits Scene of Killing
 At their own request, the jury were taken on Monday afternoon out to the old well west of here where the body of Martin F. Schwab was found last fall, and then to the point five miles beyond the Canyon Padre bridge, on the Winslow road, where Nash asserted the killing occurred. With them went the defendant, Harry Nash; Judge Jones, Assistant County Attorney Harben, Attorney c. B. Will son, Sheriff W. A. Campbell, Under sheriff s. O. Thompson, Bailiffs Bill Hicklin and Lee Allsup. Messrs. Con ley, Germany and Sisk, of the Sham rock Taxi line, carried them out. The jurors could ask no questions, court