Year: 1872

dant saw with gun in hand after last shot was fired. could not have been more than one or two minutes in getting up to the de- fendant after the first or second shot was fred He held the gun in an upright posi- ton. The last shot was fired before reach ed him. suppose l was ten or hfteen feet from the defendant when the last shot was fired. There was but one person (the de- fendautl at the place saw the firing. had my face towards the firing and kept my eye on the man. The gun made flash and threw a light on the sidewalk.

 When I told the defendant he had shot an innocent man he said he was sorry. He had shoes. He did not give any reason for hay hand until between Bashford's and Kendall's, then he asked me to let him put on his shoes and permitted him. Defendant made re- mark, I think, after leaving the sidewalk, that he had dosed him well. When 1 got through with defendant went back to the corner where the wounded man lay, found two men, and the Mexican, Rubio, was laying there wounded. When the Doctor came he lifted the shirt and found two wounds in the back-they appeared to be fresh and were bleeding When l came back RubiO was within few feet of the place in the direc- tion of which the gun was pointed. l had him carried down to the Prescott House. saw the corpse of Rubio on the afternoon of the same day. pr. Kendall was called, and he and his clerk came. 1 did not see the post mortem examination. (The gun was here produced in court and witness said that the gun he took from the defendant was after the same pattern). l handed the gun to | Dennis and he delivered it to St. James, the Deputy Sheriff. The gun gave to Dennis took from the defendant, Hargrave, at the time of the shooting. 1 saw the defen dant before the shooting, from ten to twenty min utes, it might have been more than twenty minutes but not less than ten. When next I saw him he was at the corner where took the gun from him. There was no person ex- cept myself and Rubio, near the defendant. The Mexican was nearer to the defendant than I was heard the Mexican cry out about the middle of the shooting. 1 can't recollect what the Mexican, Rubio, said, l only heard him cry out in a moaning way. This was about three o'clock. I think 1t was on Monday morning, & week ago from yesterday This happened in Prescott, Yav. apai county, Arizona Territory. The last saw of the defendant before the shooting, was seeing him taking run up the plaza. The moon was in the last quarter, it was not bright enough to recognize a man at dis tance. If the defendant had been in the crowd in front of the saloon would have seen him. Before the shooting the defend ant did not appear to have gun or pistol, at all events he did not have gun. do not know from what direction he came to the corner. saw nothing of him until the fir ing.

 Cross eramined.-When arrested the pris- oner he made no resistance, he apprared to be very cool. heard the report of shot fired inside of the house and tue defendant came running out and Hopkins was running after him calling out, |" Stop, you s- of b. I'll kill you, I'll kill you on sight" I then ran after Hopkins and stopped him, he had a pistol elevated in the air, which he fired. saw defendant run in kind of southerly di- rection up the Plaza I did not see that the defendant had any weapon when he ran out. After Hopkins had fired I saw the defendant run up this way. This was about twenty minutes before the shooting by the defendant. When Hopkins came back he said, "The B. of b. I'll kill him, he stole the pistol out of my scabbard."

 When Rubio was shot he was standing be- fore two horses in front of the saloon; he had his hand up but I do not know what he was doing. One of the horses was Dennis and the other was Hopkins. did not see anything of the affair of Charley Hopkins striking the defendant over the head with the pistol. I do not know that Hopkins struck the defendant over the head with a pistol.

 By PdintiE-When defendant ran out of the saloon saw him run towards Bashford's and then up the plaze. I did not see him after that until the shooting. When Hop kins came back what he said was not in hear ing of defendant.

 By the Court.-Rubio was standing at the horses heads during the shooting l did not see him fall believe Rubio's back was to- wards the place from whence the shooting came.

 By Detendant.-W Hopkins said "Stop you S. of b. or I'll shoot you," he was within hearing of the defendant. Hopkins appeared to run in line toward Hargrave, with the pistol elevated. Hopkins ran out 30 10 90 feet before he fired.

 Samuel Dennis being seorn, says:-On the night of the 30th of June as 1 was coming out Ol MUellcI SdlOOu ucsttu hot iCco Suah three shots fired not far off. heard man hallooing, turned around and saw him fall off the sidewalk. heard the night-watch- man call me to help him to arrest some per son, when got to him he took the mans gun from him and told me to take hold of the man. told him to give me the gun. I was called upon to arrest defendant liar grave. I asked him who he was shooting at and he said, Charley Hopkins. told him be had not shot Hopkins but man he did not know. He said if he had shot anyone else he was sorry for it. When we started with him for the Sheriff's office he asked to be allowed to sit down and put on his shoes. After he got his shoes on we brought him over to the Sheriff office and delivered him to St. James. Defendant asked to be ai- lowed to go to the photographic gallery tor some blankets. I went back to the saloon and got my horse and helped to carry the wounded man down. can't say at what time of the night the shooting occurred. I think it was between the hours of eleven and two o'clock. The wounded mans name was Ygnacio Rubio. I found him in front oi Moeller's saloon. found him in range of sh,,t from defendant We found three