Arizona citizen., 1874-12-26
CRIMINAL BUSINESS.
Cases of Moore and Hall, Charged with Killing two Mexicans near Desert Station ill this County, on July 23, 1874, ill District Court, Chief Justice Dunne, Presiding.

July 23, 1874, ill District Court, Chief Justice Dunne, Presiding. There were two indictments foun d against each of these defendants. The first indictment in each case charged each one of the defendants with having killed one Lupe Vaca at the time and place de- Scribed, he being one of the two MeXicanS referred to. The second indictment eharg- ed each of the defendants with the killing of the other Mexican, whose name was at the time unknown to the grand jury, but subsequently, discovered to be IsidOro An ava.
 THE CIRCUMSTANCES.
 The evidence shows as admitted by counsel in written stipulation on file in one of the cases, that Lupe Vaca in com pany with one ISidOrO Anaya left Salt riV- CT on or about the 18th of July last for Tue son. That two men answering the descrip- tion Ot these two men, stopped at the camp of GOldbergS train on the evening of the 22d of said month of July. riding horses, answering the description of those proven tO have been in possession Of the said Lupe Vaca and ISidor0 Anaya when they left Salt river at the time aforesaid, and also answering the description of two horses since turned over to Salvador Va ca as the property which left Salt rlver aforesaid Tn possession of the persons aforesaid. Also that C. A. Paige on the morning of the 23d passed two men riding
 
 in evidence, about eight miles from Desert station. That about o'clock D. m. of Ju- ly 22, 1874, that William Hall came into the camp of Goldberg's train and stated that he was in pursuit Of horse-thieves, and asked the defendant to join him in tue recovery of the property, one of which horses he stated was his own, and the oth- CT belonged to MT. Styles. That the said defendant joined him and reached Desert station about four hours before the said That Mir. Paige arrived at the Station, and upon inquiry Of defendant and Hall, stated he had passed two men riding on horse back about eight miles back. That shortly af- terwardS two men were seen on horse back riding on the road towards the sta ton about one mile distant. That Moore and Hall armed themselves and went out on horseback to meet them, stating they did not come into stations. That shortly shooting was heard in the di- rectiOn Moore and Hall had taken, and the two men were seen and three persons on horseback were seen running through the brush and at the same time smoke of was seen. That in about forty or fOrty-tive minutes Moore and Hall were seen returning with two horses answering the description of those above given. That within an hour and half after their re- turn, MeSSrS. Carter, Paige and Baruerlein went out to where they had heard the fir ing and saw the Skirm iShing in the brush, 1 and found one body near the road dead, which had been recently killed about mile from the station, which said body was proven to be Lupe Vaca, who had left 1 Salt river on the 18th of July or there about as aforesaid, and about one thou 1 sand yards from the body of Lupe Baca, | was found the body of another person Of Mexican birth, resem bling somewhat Isi- 1 dorO Anaya aforesaid, the latter body also | appearing to have been recently killed. | The bodies were found in the location of l the firing seen from the station. TRIAL OF MOORE FOR MURDER OF l.. vACA. |
 The defendant, Hall. demanded sepa- rate trial, and the trial of c. V. Moore be- l gan December s, 1874. l.. C. Hughes dis | 5rict attorney and c. w. C. Rowell for l prosecution. John Titus for defense.
 A Venlre Of eighty persons was exhaust l ed in getting jury. The jury chosen was | IS follows: N; Van Alstine, foreman, Jas. Jady, Jerry Kinney, H. H. H. Holt, Will jam Winlund, Thomas Bullock, James | McQulnn, A. G. Elliott, Charles OWings. 1 The trial lasted five days.
 THE PROSECUTION.
 It was contended for the prosecution 1 hat Moore acted very suSpiciOuSly in be- ng so ready to get up in the night and 20 | with stranger to pursue and kill men, merely on the report of this stranger that | hey were horse-thieveS; that the deceas- d, Lupe Vaca, was known in Salt river as he owner of flock of sheep; that he left H., md that the object of the killing was rob- ,ery, planned by Hall and that Moore be- anne his accomplice.
 THE DEFENSE.
 It was claimed for Moore that he was an nervous, eXcitable man, that le had suffered a good deal by having tock stolen from him, and was ready at my time to join in pursuit of horse or cat le-thieveS; that he honestly believed the tory of the man Hall, and acted honestly n assisting him, firmly believing that he vas pursuing and arresting horse-thieves. The judge charged the jury in substance $ follows: The defendant here claims hat he undertook to make an arrest as a rivate party, ana that he was justified in making the arrest and killing if necessary 0 make the arrest. You will understand hat the law is very careful in the matter f allowing private person to make an rest A private person is permitted in , aw to make an arrest Onl y in three cases. | , first. Where public Otfense has been 7 in his presence, Second, Where I he person arrested has committed fel- i ny, although not in his presence. Third. : When felony has been in fact com mit- f ed and he has reasonable cause for believ- 7 1g the person arrested 10 have committed . So you see there is one thing Of which ne law demands certainty and no mere ' elief, and that is that a felony has been ( l fact committed. The only part Of the c natter in which the law allows a reaSona. I le belief to come in is where the felony } aving in fact been committed, one has l pod reason to suppose certain person | it. A person undertaking to make an arrest f l case where the law does not allow it, .