Show A tS i On this hits morning 4 Detective who was Its on tho the when hien court adjourned n yesterday ii said Malit that told toll him In 10 his hIli con that when OI ullon pulled pUllet his hili i gun lIun he hc tried to tn back bICk out of the car but butI was WIS prevented from CUrn coin doing so by i Ion who grappled with him bun Ho lie also I Mild that told him him that he J d heard revolver Hick click two or three times that ho tired to disable jI UIn Ons Mill arm but bUI the Interference of or 1 Brighton caused the tho shot to 10 miss Us Its turn and antI lodge In lU body bolly hilling kIlling 11 him Attorney Smith for tor or tho the defense road rend nearly nil all of or ys confes confession confession sion anti and asked aa d him hIm If It that was wall tim the made mado by the tho defendant ns as aslie ho lie remembered It II The witness s cor corroborated corf I f In n full tull the tho testimony of ot Chief 1 Lynch J In 11 regard to 10 the and con of the defendant ms 1 HURNS s rl t Tim The next witness called by b tile the state was Willi Mrs P I 1 Dunn who hio conducts I i tie the Occidental c where wheN her herI I J II nil roomed 1 witch when the crime wan Willi VII committed She Sho Id 1 that come com to Lt her hor housu on Jan 2 and occupied Jl room roon I 1 7 She Bho saw su defendant on III the Iho night of or the tho at itt about In the tha hull ut lit her place talk talking I ing lug to 10 some parties Sho hewn I ono one on lor room roo 7 after aCter 12 on that night The rite wn lIlt excused without by the thu do doi OI sC n i CHIEF LYNCH ED EDi i 1 of QC Police Pollee Lynch 1 was as 1 lignIn again re hi railed to tt the stand by District Attorney ney Ite SmIth He Jle I he merely rt I testified te an nit to lo lothe the th of or a 1 bullet to tI II rebound when striking a U 1 hard wood woot board after aftermost aftermost I most of Its force had 1151 been Iteen h ln spent nt On Ott ho that under tinder such ns III those with thin hits ease case u 11 i ballot bullet might rebound DO io o or 60 feet Ceet STONY BrOny Percy lercy the lie of de defendant Oil on tho thu night of lC the killing sad And the tho man who gave the police Information tion loading to thi thu arrest of or defendant was called to 10 the tho sund after Chief Lynch WAH tyas W d hind had been waiting In II tin th county cOUlt 1101 office In lit chin charge KP of f Deputy l COln Lut who into 1110 tIm the court cour loom I at hi former fiercely while ho 11 Iw be I belag lag ing Ilg sworn and all 11 tho Iho time thus 1118 ho he h WaS wan wanon WUI on 01 the thC clearly show ii iiI I for tor him hll In oer lr t Unit ho lie ht tact met Shock Shockley Shockley ley by about the thu Ih of r and ild WD rooming with him html on UI Ii the night of tho minder II lie tho light hUt hat hit Introduced In lit II evidence 1 at II belong belonging He lie said that the ing lag to 1 1111 was cut out Olt of the thu s of ot th hut hit some Bomo tIme b before for thu Iho killing and that Clint his bin hIl knife lo to locut cut cul It I out OUI He lie ni Hinted hut u It gun un Wh u shown llio Iho gun un he Identified It as al belonging to ho tile defendant saw satt n at tit It ItC t C about Ot 10 to tl 14 U Il 01 on tIle thu Ihl night l of oC the Ih murder IIller at 11 the tho llou hou talking to lame ionic inns That T un tho Iho lAHl ha he h saw tl W of ot him him night as ite lB hu he hI was asleep lulee when returned 1 to toL L room late Into lal f win questioned closely dOH as al to 10 the tho Ihl time lo to the Ih room rom that night hut but h hi could nut not loL state what 1 tulle time It was tuN The attorneys for foi lo the tho do lie te fence iiI dill not 4 at lt nil all 11 and ho wan vas from tile the 1 stolid stand nt at 11 1 otter after being on the tha thad stand d about 35 36 mInutes rho The Immediately tho the l by Cowan SIN Diet Atty W Smith thin then rend to tho 4 juT Jury confession which was Wil mode made by b him In lii II the oIt 0 1 of oC tho the state prison on omi tho the Sunday following the tho th murder r In III the tho presence of Chief Lynch Detectives and Chase Chaz Acting Warden Waren Wright and Ind Clerk Stowe The state at 1 rested Its 11 case cane CM STATEMENT NIO I Atty At 11 I A Smith then made the opening statement for tor or tho tue detente to the Ih Jury jur lie Ito 10 said In n part of ot the tho Jury jur wo we admit most of oC tho tue things set let out by the state tale but Lit there are fre some 1010 facts we deny We deny diny that lie Ito ll was responsible for tor going to 10 the thc Itle to rob roh these street car carmen cr men him When the defendant arrived nt at It atlie the lie cur car ho lie win saw aW the tho two to men mc In the extreme northwest corner of oC tho the car He entered tho the south Houth end of oC the car cr with lh his revolver in his hand and or ordered tiered dered the men lon to 10 hold up their hands Mr Gleason sold said Mi You iou 01 had better hold holdup holl up 11 your our hands Defendant then lien drop dropped ped his hIl revolver by his side and started to 10 back out of ot tho the car In som tin ln fl accountable mi miliner liner he tell fell and wai wal on Oil the tho Ile floor when the tho two men started star led after him With Wih the Intention of ot letting them know that his gun WI lordt ho he fired tred a u shot which went welt ven gl out out ono one of the tho east windows ABOUT THE TIE OUN GUN Mr Ir Gleason had a n gun and held hel ft It within two feet teel of ot defendant and snapped it three times In his face Cace Tho The gun gUll UI did eld not work ork so Mr Gleason Ol son step tep stepped lieu led back n it I few tel feet tee and worked with wih the tho gun Defendant thought that he hI would lire Ire fre and nd disable Mr tr Gleasons arm arni Ho Ito raised his hI revolver and ond was wal haul about to nrc tre when Brighton grabbed him and tho the shot took effect In Gleason killing him The e defendant did not known that Gleason had been shot until nt tho Iho next morning when he ho read renel It In the paper Mr Brighton after Glen On Glenson I son Ron was IU shot got got In between Shockley Y and tind the tho door antI and a Q scuffle ensued and I thinking InkIng that ho he would be shot defend defendant I hut ant hired fired at al Brighton with wih the result already known The evidence will show that Mr tr Shockley did not Intend to all hurt either of ot those men In any way WRY at ut Y ON THE Tm TH STAND James l tho the de defendant tp en II Wile WI then sworn and took the Iho witness stand island In lii his own Ho 10 gave his hili full tul annie and give his hil ago age go as al 26 20 years He lie le raid that he has hn a n other father mother and two sisters residing ro In MIR Mis spurl purl Ho lie 10 arrived In the tho city cilY with Pro thero there on Jan mu 2 last Insl On tho ho night of or orthe the killing he said eak Hal that he h left lee hh hIs hil room recta nt at about abut 1120 1 20 0 cock Ho lie 10 Identified tho the Mat Hat la t and pistol belonging to 10 him himMler After leaving his hil room he ho went lo to Sec and old South Houth HOlth street anti took a I cur car In Iii front or of the thc Wilson WI on hotel Ho 10 rode rOlle to Tenth Host Kast l street t and then hen went lt to 10 the scene of ot the holdup hold l What wan witti 11 your purpose In going up there a asked Attorney H II I A Smith My Sly purpose was to rob you the of or the et ear car company compan on that thai cur was the tho reply WHEN WIEN UK ill m THE TI CAR CAll CAI Continuing tho the defendant saId mid When I 1 arrived ii itt the lie cur the thi two men mOi were verc standing In Iii tho tue north end ond ld of or the car I 1 entered the south end nt and alit got In lit several feet reet from tim Ihl door before tIm tho thomen men looked around 1 I told them thel item to 10 lurid hold up lip their and 1111 Mr Ir Brighton held up UI his hili hands but hut Mr Gleason said to tomo mo lao you OU hInd had Ind better beter hold up tip lP your hands I t then dropped my may 11 gun Kun to 10 my lY side Ihlo mid started to back out nut the lie loot door when In II some seine way wa I slipped and fell Cel The Tho two tW men then made u L rush rURh for or 01 me and 1111 I 1 fired a shot eliot seeing that thai the tue small man un hind had a gun ll and I wanted wan led to 10 let lethem them hem know that 11 my Y gun gu guvas Ul was vas 11 loaded I dont know the hol went wel t Tho TIl Ti tacit men len collie canto on and Brighton grabbed gra hell hold holl of my 1 back bu be lu torn torb I could get ge 01 up 11 on then up UI H and pointed the Hun gun at lit II my IY left lett oe 00 about two to feet eol my tny face I m PISTOL CLICK I I heard the gun click dick anti amI saw Won sons lons lingers working I was WM an part pare way tay down and tried to II t tell lel theta them not to 10 Kill Killme tl me tile le that I 1 would woul hiVe give up I 1 dont re remember member what I silil because I stutter considerably con bly when hen 1 I am nm 1 excited My 1 heart Is II alia II o effected erected and causes me m to tobe tolie be lie almost when excited t I could have hlo killed both the tho men when hen they vero coming towards me 1110 le but I Idid did Ild not nol do tie It I WANT NT TO HURT HUnT Hey ncy nc Why hy you ou asked his I have always had a hor horror horror horror i of ot hurting anyone and nd I did not want to kill 1 them and had hall no ho Intention whatever of doing FO so o oUY UY fly WAY OP OF The Tho defendant and Attorney Smith Illustrated the Iho relative positions of or himself tind Brighton when he lie attempt a od cd to 10 shoot nt at Gleasons arni to 10 pre prevent tre vent huH him from rout shooting He lie 10 said that when he hu brought the tho gun ln down Bright Brighton on nfl Oi bragged his Ida right arm hirm mid wrenched him hInt around and tho the gun cun was wan RS discharged ed el and und look effect In Gleasons body hod bod THE DEATH Then I tried to wrench myself loose front from Brighton continued the th defend defendant tent ant but lut could not do tb so NO I then Ihen sold said give Tor lor 10 Gods Coils up tip lp sake men inca len dont dOlt kill ki me Ill Il Did you O at lt any Oil nn tune Intend to shoot hoot Mr No I sir I 1 did thid not nail and I did not nOI know knoll that he hc laid had been shot eliot until the next morning that lint shot eliot was vas fired did 1 I I you OU control user over your arm aria Irm or 01 hand In II which the hid was nH heM held No sir lr Ir I 1 did not hot Mr ir Brighton hold hoM hoMIny toy tny arm no so 0 tight that I could not control It nt nl all 1 11 Mr Ir Shackle Shockley do you oU nay RR Na to 10 this jury Jil lint the tite shooting of ot Mr Air 11 wn Wl vas wholly hol and lId solely accidental I 1 do ilo sir have you YOl told till the exact truth ns as I to what lc In lii that cur curI clr I have base told lold tho tue truth just ns as 01 sure UIO as 11 God lives 1 el I Shockley thru then 1111 told of ot his actions after tho the ear cur and 1111 Mid III that several times Imet h 1 he corked cooked his hil revolver with wih the thu th of It lulling hillIng After throwing ills his revolver In II a It yard he ho hI said I that h hi wont on 01 wet west es until ho ha reached the lie railroad track Hack and thou then turned tred north and ani wont wen tn to South Temple street auth then east cast to 0 East Fost j l and auth then tho I lo to South and Ild then to 10 his hili room He le stated that the tue reason lie he asked 1 Cd the lie to get Il et a n carriage tot for him when whon lie he h was arrested loII was because his heart lort wan Ida troubling t him Ii and he lie Il did Hot tot think he ho could wAlk to the statIon Defend silt nut had hail just JI t hi hil confession when the court took tool Us lis ts noon Ion room recess rOl At AI title tills afternoons sessIon Shockley an cot by b DIst DiR Atty AU Smith H lie He told or of his carlI tot for 01 tIle the past 1111 several years yum IU his in II Int tho Iho t lie army urmy and all his d desertion ri file his history hil hit tory of his liU life lo Wi told loh up II to In July 1103 when ho lie first cuile CIO to Halt Sai ul Luk I lI At 11 point the attorney for tho jhio state ll him hll It If he ho Ill ilM not nol hold holl tip till 11 It 1 street car lr lists hue In lit 11 July Jil Jill 1503 10 The Cot fot tile tho ll d to lo lothe the question on OIl 01 the tho ground that Ihil It tt was Irrelevant Incompetent and im Un immaterial material 1 and not iro row cross cro examination and for tor the t I sO Ie further reason ivason 1 a 1 1 that lint It Incriminated the tM defendant le CI I The Tho attorney asked the privilege of arguing the objection In the absence of tho thio jury Jur anti the jury was vos taken from ruin the courtroom and ald the nr or wore here mOde made to 10 the tM court Thu Ih only olly other oilier witness for tor the defense IH II i W IV H ti Homer an al of the Bell Telephone company who w I was formerly n a streetcar lr mini man mal The Tho subpoena hn has ben been Issued for the Iho witness winess and ho lie will 1 be b placed on tIle tho stolid stand as ni us as UI Shock thock I ley y Is On ac no le Cf 1 of or tC tomorrow l lorrol being a legal holi holiday day Iii there horn I will tIll Wil be he no rio session of ot court 1111 l the tho case enro cn c will wi probably not be he sub stilt submitted lb to the tho jury until Saturday at IC |