Bisbee daily review., 1922-03-03
t; that it was in self defense.
 Bennett Looked Nervous.

Then he said that he and Osborne had trouble over some repairs to Os- borne's car and that Osborne cursed him and reached for a gun. He said again that we had seen the shooting. I said I didn't want to get tied up in the affair but Bennett said there would be nothing to it.
 Later agreed to tell what he sug- gested. Bennett looked nervous and 1 didn't know what he would do."
 Bill Martinez, called to the stand next by the state, said he and several other men were standing across the street from Bennett's garage when they heard several shots. Shortly af' ter he said, Bennett and woman came out. Bennett called him across the street, and told him to stay With the body of Osborne, said Martinez, and then walked away with the women.
 Bennett returned with Smith, said Martinez, and gave his version of the shooting, saying that he shot Osborne in self defense.
 Remember, we were in here talks ! ing wuen this tellCw and the woman came in,' said Bennett, according to Martinez.
 | He admitted that he had testified at the inquest, on the day following the staying, that he Was with Bennett when the man, and woman entered ] the garage and that shortly after he 1 heard cursing in Bennett's room, fol | lowed by shots.
 1 Asked why he testified to this at | the inquest, knowing such statements were not true, Martinez replied: Be cause l told MT. Bennett I would say | that" | Martinez was sharply cross exam med by Attorney Gilmore, who asked | Martinez if he had not told Gilmore and others, after the inquest, that he | had testified as he did because of | friendship for Bennett and not be- 1 cause Bennett had asked him to make | such statements. Martinez was ob | viCusly uneasy while on the stand and his explanation of the conversa ticn referred to by Gilmore was not entirely clear, at feast not to the majority of the spectators.
 Testifies for Both Sides. ] Lester L. Schwab was the third state witness who testified that Ben nett had asked him to say he wit messed the shooting, and that Bennett had fired in self defense.
 Whether Schwab was a witness fol the state or defense was, for several minutes, not clear. He was subpoe naed and sworn in as a witness fol the defense, called to the stand as state witness and concluded his tes timony as a defense witness He was made a defense witness shortly before noon recess and ques toned regarding the automobile ride he, EtZ and Bennett had taken or the morning of January p. He de nied having heard Bennett say any thing about killing anybody to ger whiskey.
 Do you remember" asked County Attorney Ross, telling me in my of flee, in the presence of EtZ and Mar tinez, that Bennett might have made such a statement, but that you were too drunk to hear it?''
 'I said 1 had been drinking; 1 dit not say I was drunk" replied Schwab
 Ross insisted that Schwab had salt he was drunk, and SchHab continue' to maintain that he had not admitted having been intoxicated.
 Have you been working for MI Bennett since the shooting?" aske' Ross.
 '1 worked for him six days sine tnen," said Schwab.
 Didn't you tell Mir. Roche (assis tant county attorney and myself tc day that the statement regardin killing some ........, to get his whis key, might have been made by Der nett?" asked Ross.
 'I didn't swear it wasn't said, bu if it was 1 didn't hear it." answere Schwab.
 J. w Slim" Jones was called t the stand to cororborate part of Ma \ tinez' testimony Jones said he wa with Martinez, across from the BeI nett garage, when the shots wer \ fired and saw Bennett and woma
 come out. Bennett called Mart1ne' S said Jones. but he (Jones) did nC hear anything that was said. Says Bennett Took Car. Roy Harmon testified that he r,
 paired broken spring on Ford ca g in Bennestts garage. In the rear ( the car, he said, was what looked lik
 a pile of bedding. Harmon said h did not know what, if anything, wa
 under the bedding. Osborne came int the garage once and reached unde
 the bedding, said Harmon, while tn
 spring was being repaired. Harmo
 testified that he warned Osborne tha
 the car was jacked up, and that O.
 borne stepped from the running boar
 with an apology.
 Harmon declared that Benne
 drove the car out of the garage b.
 tween 1 or 2 o'clock.
 During cross examination Harmo
 said he was positive Bennett had dri
 en the car from the garage. J. F. Jones, an elderly Benson re.
 dent, gave the most interesting te
 timony of the day. Jones, slight
 deaf. repeated almost every questiC put to him and then answered in
 droll manner that brought frequel
 laughs from the audience. At or | time tho SpPct atOre hpcamp sn ann