Bisbee daily review., 1922-03-02

Gilmore also questioned here re- gard an incident at Benson last spring when, he intimated by his questions, she had been detained by Bennett. Mrs. Hoover said she remembered such an incident, but that she was rot detained" at the time by Ben nett, nor had she tried to run away | from him. She, in company with a | man named Tex" Meadows, she said. | had driven from Wilcox to Benson and, in the latter place. drove up to l Bennetts garage. Just what the de- | tails of the incident were win be | brought out this morning when re- direct examination is conducted by | County Attorney Ross.
 Mrs. Hoover said she had known | Bennett for about year, and Osborne | for only few months.
 Resuming cross examination after | the noon recess. Gilmore sketched diagram on the blackboard in the courtroom, of the room in which Os- borne was shot, questioning Mrs. Hoover in detail regarding the loca- tion and construction of each piece of furniture, the position of Osborne's body when he fell, and the exact movements made by her, Bennett and Osborne before and after their quar- rel.
 Did you not. tell Mrs. Sawyer at the Mansion Hotel, after the shooting, that you were the cause of it all! asked Gilmore.
 No"
 Did you not tell her you had "boct legged all over Arizona and that you and Red had gone to Douglas for booze?"
 "No."
 Did you not tell her you and Red had registered as man and wife?"
 q did not"
 Objections Are Argued. Here the questioning involved the alleged intimate relations of OsSOrne and Mrs. Hoover The state objected , to such questions and the court sus- tained the objections, advising Gil more that these questions would not be permitted until, in the absence of : the jury, he (GiImore) made avowal of what the defense would prove in regard to them. After the jury had been excused, !, Gilmore explained why he had Ques- , tioned Mrs. Hoover regarding her re- , lations with Osborne. We will prove that, prior to Jan uary g, Mrs. Hoover and Osborne ] lived as man and wife," said Gilmore. We will prove that they registered , as man and wife at various hotels and that they spent three days and nights , together at the Mountain Springs ranch" Gilmore also avowed that the Idefense, to show the bias and pref | udice of the witness, would prove r cretain allegations of such nature as to be unprintable.
 In opposing the admissabiilty of , such evidence, County Attorney Ross , contended that it was neither proper - nor material. Attorney Gilmore ar gued that any questions on cross ex- amination, tending to bring out the , bias or prejudice of witness, were , proper. After hearing arguments of ; both sides, the court ruled that Gil. more might ask the witness the ques , tions, instructing the defense. how f ever, that it must be reasonable in 5 the extent of it's questioning along : this line.
 Refuses to Answer. One of the first questions put tC the witness by Gilmore, after the jury had returned to the room, con cerned her alleged visit to the Noun tain Springs ranch with Osborne Mrs. Hoover quickly replied:
 I positively refuse 10 answer that
 The court then instructed Mrs Hoover as to the rights of witness informing her that she could refuse to answer any question that migh'
 criminate her in crime and explain ing that, as married woman, she could apply this rule and refuse
 should she desire, to answer any questions regarding alleged illicit re lations with other men.
 As the result, Mrs. Hoover refused to answer further questions regardinf the Mountain Springs episode. To z
 few of the questions she replied
 That is not true" or "No," where upon Gilmore insisted: Then you ad
 init you were there?"
 When did Tsadmit tliat?" retorteC the witness. ''r haven't admitted any thing"
 Questions regarding an alleged con
 versatiop with one J. T. Clark, O Il Tucson, brought similar refusaJs O. I negative answers.
 & Knife Shown to Jury.
 Mrs. Hoover admitted that when Os
 borne was killed he had in his posses
 sion a. large pocket knife. Her bus
 band had formerly owned the knife
 sad Mrs. Hoover. but she claimed tC
 have sold it to Osborne.
 County Attorney Ross turned tn
 knife over to Attorney Gilmore, who x lfter exhibiting it, with opened blade
 to the jury. introduced it in evidence Ross had just started redirect ex animation when adjournment was R taken.
 Questions asked and avowals made
 by the defense yesterday inc k that the defense may be based or 5 several different angles. Introduc 2 tion of the knife in evidence and vT k rious questions by Gilmore were con