The weekly Arizona miner., 1872-07-20


 blankets at Cooks. Defendant said he had shot man; it was his intention to have Hopkins for his victim that when he shot, man fell, and he was satisfied that it was Hopkins Whilst we were up in the room getting his blankets, he delayed, and 1 urged him to come along. He said he had shot man that night. He did not name any hour. When he got back into the office he enquir ed of Jennings who he had shot. Defendant said nothing else during that night. Next morning gave him his breakfast. heard him converse with Dawson in an adjoining cell. Defendant, at the time of the first statement, did not say anything about hay ing his shoes of. On the morning of the 1st of July, at 9 o'clock, defendant told third party that he felt he would be justified in shooting Hopkins, and to make the thing sure, he had pulled of his shoes and went stealthily. He did not say at what distance he was from his victim. Defendant said that, feeling justified in killing the man, he had gone and got gun. Did not say where he went for the gun. He did not say whose gun he got. 1 Cross eramiaatioa-I did not ask the de- fendant any questions which drew out the statements. have no knowledge of the de- fendant killinssa man that night. | John Cassidy being s,cora, Says-I saw the defendant and Rubio at my game on the evening of the 30th of June. No words passed between them. At halfpast one o'clock, I heard scutfling in front of the house, and thought there was fight out there. 1 heard some one fall. Defendant came into the house and walked up to the bar. I was looking up towards the door at this time. The next thing heard was de- fendant ask Dennis to take drink they went up to the counter. Next heard some one say, You old s-n of a b.. That at- tracted my attention. I looked up and saw defendant shaking his list at Ygnacio. He said to him: "flI give you some if you don't go away" or, "i if you don't go away, I'll give you some." Ygnacio commenced to laugh, and shook his hand in front of his face. Afterwards both of them came to my game and sat down side by side. They had no words then. 1 saw nothing more. This was at half past one o'clock The language was used immediately after they came. then went home.
 Cross eramination-I know of no difficulty between these parties before this. l never saw defendant play at my game before that night. 1 have seen them go together ire quently and never saw anything between them
 The Court adjourned until tomorrow at 10 o'clock A. M., after having given the usual charge to the Jury to keep free of and avoid all persons upon the subject of this trial &c.
 James C. Otis being sporn, says-My name is James Ottis. live in Prescott. l am 39 years old. knew Rubio, the deceased. 1 have seen the defendant and Rubio together around the saloons. saw them together the ;rbt ( tI Thpv appeared to be perfectly friendly. They were both in my saloon. On the night of the killing. saw defendant and Rubio drink ing together I asked the defendant and Rubio to take drink between l2 and o'clock. l newer saw any misunderstanding between them As far as know, the feel ing was friendly.
 W,lliam Keeter being s:corn, SoyS:-My name is William Keeler. live in Prescott, Yavapai county Arizona Territory. l knew the defendant and Rubio. 1 knew the Mexican ever since I came to the country. I knew the defendant three or four months. Knew them both in Prescott. The personal relation between the parties, as far as know, was friendly. I have seen them laugh and talk as if no hard feelings existed between them. think 1 saw them the night of the shooting. I saw them nearly every day. l never heard of any misunderstanding between them.
 Robert Vromdn being s,oorn, Says My name is Robert Vroman.. live in Prescott, Yava- pai county, Arizona I have been here since February last Know the defendant and Rubio, deceased Personal relations between the parties, as far as I know, was friendly. The night before the shooting the defendant and the Mexican were in Luke's saloon, do- ing tricks with cards in my company. l have seen the parties together frequently in the saloons, within the last two or three months never saw anything except friend ly relations between them.
 After the close of the testimony came the following
 Charge of the Court to the Jury. Gentlemen of the jury, the defendent. Richard NJ. Harsrave, indicted by the name of Martin Hargrave, is HOW on trial for the crime of murder, charged to have been com mitted by the felonious and unlawful killing of one Ygnacio Rubio.
 Under an indictment for murder, one may be convicted of the crime of man-slaughter if the proof shows the commission of that crime.
 Murder is the unlawful killing of human being with malice aforethought, either ex- pressed or implied.
 Expressed malice is that deliberate inten- ton to take away the life of fellow creature which is manifested by external circumstan- ces capable of proof.
 The law implies malice where no consider able provocation is given or where all the circumstances of the killing show an aban- doned and malignant heart.
 Man-slaughter is the unlawful killing of a human being without mallce express or implied, and without any mixture of deliber- ation. It must be voluntary, upon a sudden heat of passion caused by a provocation ap- parently sufficient to make the passion irre- sistable, or involuntary in the commission of an unlawful act without due caution or circumspection.
 I In cases of voluntary man. slaughter, there must be serious and highly provoking inju- y inflicted upon the person killing, sufficient to excite an irresistible passion in reason able person, or an attempt by the person killed to commit a serious personal injury on the person killing. The killing must be the result of that sudden, violent impulse of pas