Nogales international., 1931-09-23

for both sides are expected to bring
the greatest flow of oratory ever
heard in the Santa Cruz county
courthouse.
1t is understood that William
G. Hall, county attorney of Pi-
ma county, and his assistant,
Clarence Houston, will open the
arguments for the state. They
are to be followed by Defense
Attorneys James Boyle, Duane
Bird and George Darneu. Ar
thur T. La Prade of Phoenix,
Assistant Attorney General of
Arizona, is to close for the state.
The defense counsel is made up
of James Boyle, George Darnell
and Thompson and Nave, all OF Tue
son, and Duane Bird of Nogales.
Representing the prosecution are
Hall, La Prade, Clarence Houston OF
Tucson and E. R. Thurman OF No
gales.
There is to be no restriction as to
the amount of time the attorneys
are to be gwen for their arguments.
Should the arguments consume six
or seven hours the case will be in
the hands of the jury about or
o'clock this afternoon.
Taking of testimony in the case
closed at 2:2O o'clock yesterday af-
ternoon after which the attorney:
for both sides conferred with the
court to prepare and decide on the
courts final instructions to the jury
Last Testimony
T. T. Muzzy, manager of Stein
fields grocery at Tucson, was the
first rebuttal witness called by the
state when court opened yesterday
He said he saw Mrs. Marshal
on a business matter at her home al
8 O'Clock on the morning of the
shooting, that when he went there
he did not know anyone had beer
shot. He said she was just as col
lected and as normal as at anytime
he had ever seen before.
Howard Potter, Tucson X-ra!
man, testified he was at the Mar
shall home two days bfore the
shooting and that Mrs. Marshall''
appearance was that of a "ver!
refreshed person.
Stephens TeStifieS
DR.. George w. Stephens, super
intendent of the Arizona State hos
p;tal, otherwise known as the In
sane Asylum, at Phoenix, took tht
stand following DR.. Potter. DR.. Ste
phens qualified as psychiatrist o.
alienist by outl nging to the cour
and jury, in response to question:
by States Attorney Arthur La Prade
his medical education and exper
ience in the treatment and obser
vation of mental diseases.
Following the qualification of DR.
] Stephens as competent specialis
in mental disorders Prosecutor La
Prade asked the witness whether ht
had followed the hypothetical ques,
ton propounded by defense counse
the day before to Doctors Winn wy.
lie. A. L. GuStetter and w. F. Chen.
oweth. Upon Stephens replying il
the affirmative LaPrade requested
that the doctor express his opinion
as to the mental condition of Mrs
Marshall at the time of the shoot
ing, on the night of April 9th
last, basing the opinion on the
facts expressed in the Hypothetical
question and other facts enumerated
by the prosecutor. Dr. Stephens re-
piled: MY opinion is the same a:
DR.. Wylie's-the lady was suffering
, from Observation-Disclosures she
was not insane, her mind was clear
she had no loss of memory-sht
knew right from wrong.
DR.. Stephens was subjected tC
severe questioning by Defense { oun.
sci George Darnell under cross ex'
animation. Citing the case of Ar
thur B. Maynard, who was sent tt
the state asylum from this county
Darnell questioned the asylum heac
as to the infallibility of his opinion
in that case. Upon DR.. Stephen:
stating that his observation of Mrs
Marshall in the court room durins
uhe course of the trial, defensf