Tombstone epitaph., 1922-03-05
STATE RESTS IN
 BENNETT CASE TO-DAY

Testimony of one state witness that Bennett had said. few hours before staying Osborne: "I know where there is some more of this lwhisky) but I'd have to kill the -- 10 get it., and statements of three other state witnesses that Bennett. follow ing the shooting had suggested to them that hey make false statements concerning the shooting. featured the morning session of the court in the trial of W. J. Bennett today.
 The state rested shortly after the noon session started. following com pletion of testimony of Charles Os- borne. brother of the man who was killed
 Henry Etz, Benson butcher, testi- fled that while riding with Bennett on the morning of the day of the slay- ing. Bennett had produced a bottle of whiskey and. after passing it around. had made the statement quoted above.
 M. o. Smith. an employe of the Apache Powder comuany. testified that. shortly after the killing of Os- borne. Bennett asked him (Smith) to say that he had witnessed the shoot ing. and that Bennett had fired in self defense. Smith said he refused to do this at first, but later agreed to as Bennett seemed awful nervous 1 Bill Martinez, who said he had known Bennett all his life, also tes- tified that Bennett had said to him after the shooting: You boys saw this. Remember, we were in hero talking when this fellow and the wo- man came in" Then. said Martinez. Bennett told him of other incidents concerning the quarrel tha. he. Mar. tinez was to testify to.
 Martinez said that he had testified at the inquest to facts that were no; true. claiming he did so because Ben nett had asked him to do SO On cross examination. Martinez reasons for giving the false testimony at the in quest were assailed. the defense inti- mating that Martinez had later said he swore to his false testimony out of friendship for Bennett and not be- cause Bennett had asked him to make such statements
 Lester Schwab, also of Benson, gave similar testimony as to alleged suggestions of false testimony made by Bennett after the shooting He was questioned regarding a trip to the stockyards near Benson with Henry Etz and Bennett Schwab told of taking several drinks from a bottle Bennett produced. but said ne had heard Bennett say nothing abou; kill ing anybody to get more of the whis- key. Schwab was called to the stand as state witness and later was used as a witness by the defense and was on the stand when noon recess was taken.
 J. W. Jones. wl.o was with Lester Schwab when he talked t. Bennett following the shooting, testified that he did not hear what was said. He said also that when they heard the shots he and Martinez were sitting on the fence across the street from the garage and that neither he nor Martinez saw the shooting.
 Roy Harmon, mechanic. said he had repaired the broken spring on Os- borne's car, but did not ses any whts- key in the car.
 J. P. Jones, nightwatchman. testi- fled to having guardee the whiskey in Osborne's car at the direction of Bennett. afterward helping move the liquor to Bennetts' bedroom. A num- Der of spectators drank some of the whiskey, he said.
 Chss. 0sborne. brother of the man who was killed. testified that he had identified the body Of his brother fol lowing which the stats rsstsd st 3 50