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Show HELD TELLS 0FSII001G OF AXTELL i Eye Witness Illustrates Actions Ac-tions of Morris at Scene of the Tragedy. v . . LEATHERW00D GIVES OUTLINE OF CASE Attorney for Defense Wil- ling to Admit Shooting. ; but Denies Intent With the accused rnaa(nramlnin mora serious attitude than daring the examination of tho venires tha several preceding days, and demonstrating mora Interest In tha proceedings, tha trial of A. J. MorrU, who shot down and killed Joseph Walter Axtell on tba afternoon of Hay 9, near tha corner of Second Booth add Main streets, in bis endeavor to escape after having bold ny and robbed tha TJncls Sam loan office of-fice on East First South street, began before a Jury in Judge F. a Loofbon-row's Loofbon-row's division of the third district court this morning. , John Held, who was but a few fast away from the two men whan Axtell was shot down by Morris, was alia principal wltneea called this morning, morn-ing, and in a vivid manner told tha story of tha awful tragedy which resulted re-sulted la Axtell 'a death. Guarded by several attachea of the county sheriff's office, Morris listened intently to every word which waa said tins morning, and took notes of the evidence. Tho trial was opened with a statev ntent to the jury by District Attorney Attor-ney E. O. Leatherwood, oa behalf of the state. Following the district attorney's at-torney's statement Carl A. Badger, attorney at-torney for Morris, admitted that Morris Mor-ris shot and killed Axtell, but denied that it waa done intentionally. ' In his statement to the jury District Attorney Leatherwood eaid: Leatherwood Tails Itsts'i Oaas. "The defendant, J. J. Morria, Is charged with murder in the first degree. de-gree. The evidence in thia ease will snow that Joseph W. Axtell was shot and killed near a point opposite Held s store on Eaat Second South street. The evidence will show tbat Mr. Axtell left hia home for work aa - usual on tks afternoon of May 9; that the ear on which . Mr. Axtell came to town atopped in front of' the Continental block owing to the crowd which had gathered ia the street; that just at the time I have indicated the defendant, defend-ant, J. J. Morria, broke out of the ! crowd, and Mr. Axtell at this time dropped from the step of the ear aad started la pursuit of Morris. "The evidence will show that Joseph Jo-seph Walter Axtell attempted to stop Morris ia his flight and aa he did ao Morris turned with an oath and ordered or-dered Axtell to stop, shooting him at the aame time. Mr. Axtell reeled and fell. He died a few minutes after. Morria Beloaded Berolver. "A few minutes before Mr. Axtell waa ahot thia defendent and another man, named Murray, held up tha Uncle Sam loan ahop and took a large quantity quanti-ty of jewelry. After the robbery they ran down (Vimmerrial etreet, pursued bv Mr. White of the loan office, to Or-rheum Or-rheum avenue and thea east on Or pheum avenue to Mate street. At a point near the Empire theatre this de fendant fired several ahota aad then re loaded hia gun. He ran dowa State to Second Houth and west on Mecond South. ' Murrnv wns eaptored In front of Ihe Continental block aad thia defendant continued his flight west to the point where Mr. Axtell was killed. Morria tken ran west to the United Cigar Htoree corner and there was captured by a deputy sheriff. " On behalf of the defendant Carl A. Badger admitted the death of Mr. Ax tell from the gunshot wound inflicted bv a gun held in the haada of nnd dischargee! dis-chargee! bv J. J. Morris, but denied that tha giia was fired feloniously, pre-meditatedly pre-meditatedly or of hit malice aforethought. afore-thought. The witneaaea were sworn at the be finning of the trial aad were excluded root the courtroom. J. C. Maekay, Jr., "Ihe first witness called bv the slate, preeented a map of the block bounded Maia and State and First and Second South streets and ad-jaeent ad-jaeent property for nae in the trinl. Bald Tells of Shooting. John Held, an eye witness to the shooting, said tbat his attention wa attracted by people running eaat on Second South street. Stepping to the doorway. Mr. Held eaid that he outer ou-ter ved the crowd renning from Commercial Com-mercial street toward his store on Eaat fteeead ftorrtb street. Mr. Held testified that be saw the defeadaut turn, draw hie band dowa and shoot a man at the back of him in the breast. Immediately after Ihe shot was fired aad without heoitanev. Morria turned and ran west, Mr. Held testified. Mr. lieil eaid that Axtell. udob being ahot. stepped up to Mr. Held s store aad looked up into his (Hold's) fsee aa though he was going to aav something. Then ho aank to the pavement, dying almost inataatlv. HI narrates Morris' Actions. As Mr. Held went through the iw-tioua iw-tioua of Morria at the time of the shooting Morris paid the strictest attention, at-tention, watching etery movement on the part of the witness carefully. M r. Held v.aa on the witness stand Continued oa page (.) ..... ... - HELD TELLS (Continued from page 1.) when the court adjourned for the noon recess. JTOtY COMPLETED ONLY . ATTEB LONO STBTJOOLB After four special venires had been virtually exhausted lo a search for twelve men who had not formed any opinion aa to the guilt or innoeenco of John J. Morris, charged with the murder Of Walter Axtell, tha jury waa completed at 6 o'clock yesterday afternoon. aft-ernoon. The following were selected: J. O. Redmab, Joseph H. Co. Prank Cutler, Joseph Keddington. Hamuel F. Hill William Darke. J. E. King, Hyrom Good veer, Joseph T. Howard. John Latimer, B. W. Canning, James L. Oborn. : , The jurors eeeured yesterday afternoon after-noon were John Latimer, a nreman at the federal building; W. B. Canning, a brakemua. employed by tke Denver It Rio Grande railroad, and James L. Obora, farmer! Tha defense used Ha right of I per-emptory per-emptory challenge eleven times out of a possible fifteen. The stato eieri.- -eised this right only twice. |