Weekly journal-miner., 1922-11-29
ALIBI IS OBJECT OF THE DEFENSE WHICH ACCOUNTS
 FOR TIME ON FAITHFUL DAY

Thomas w. Burge yesterday de-
 nied that he had participated in the assault that resulted in the death oi
 Iver Enge.
 Taking the witness stand with a court room crowded with hearers,
 and with Will Acker, his alleged ipartner in the affair, occupying a
 back seat under the eye of Bill Fitz-
 gerald, Burge detailed that story of
 the transactions which P. w. O'Sul-
 livan, his senior counsel, had outlined
 at the beginning of the defense case,
 and presented what was designed to explain the relationship between him
 and Acker, the journey the two made to Maricopa, the possession by the defendant of certain alleged incrim- mating apparel of Enges and finally, the startling third degree" through
 which the officers put the witness in Phoenix.
 That and the alleged alibi, set up by A. w. Snyder, the second defense preliminary witness, were the sensa- tional developments of the first day of the defendants side of this case.
 Burge, who is appearing in court well dressed and clean-shaven, sat on the witness chair for three hours yes terday, telling ill low, almost mo notonous voice, about how Acker of fered him a ride toward his hoped for destination in Texas, and then when their car broke down near Maricopa, disclosed to him the fact that the machine was not honestly come by. There it was that the two separated, Acker riding a freight westward and Burge following on a subsequent train.
 The impenetrable silence that Burge maintained during the days since his arrest was broken. First through a realization, he said, that he would prove his innocence in court and then through advice of his attorneys, he had locked his share of the knowl7 edge within his own breast. Then, releasing a flow of words when sworn as a witness, he went into the : most minute detail.
 The defense theory that no sensible person would leave so broad trail if guilty, was stressed yesterday.
 A. w. Graham, secretary of the Yuma Valley Water Users associa- ton, was first defense witness. He told how he had employed Burge on his ranch near Yuma for three weeks to Burge's arrival from Prescott. Burge, he said, made no secret of his identity and the fact he had just come from the Mile High city. where he had been em ployed at Fort Whipple. Living there close to the border, Burge was shown to have had opportunities to cross into Old Mexico.
 Snyder who is an employe at the fort, testified to having met Burge near the Noodle joint on Granite street between } and 4 o'clock the afternoon of Sunday, June Il, at about the time it is alleged the as sault took place. Snyder was friend of Enge's and had known him 1t Glendale in 1916.
 Burge opened his testimony by rank admission that he had been getting ''lickered up" He came to own June 8 and got tanked and did lot return to work. This led to ,evering ties with his job. On the )th he stayed at the post and the morning of the 10th, got his pay and ,ame to town. He registered at the He was accosted by Acker on the street that night and hey struck up an acquaintance over mutual interest in the Texas oil ields.
 On the 11th, he went to Acker's [ oom ill the Ref hotel at 10 or Il in ( he morning. He was with his friend whom he had stayed at [ he Brinkmeyer-until 1:50. He then vent to the room of Harvey, another I ricnd, until nearly 5:30 and later saw { snyder as testified to by that witness. s 'ome of this time he spent sitting '