Arizona citizen., 1874-12-05
efugio Rivera.

<*<<< F7<<{tt {tt} 1333 @5z fH ciuSio Ni'0Id' : Chief Justice Dunne, presiding. Territory of Arizona vs. R-fugio Rivera. The district attorney and C. w. C. ROwell for prosecution. J. E. McCaffry fol defense.
 THE CASE.
 Refugo Rivera, a Mexican aged about 24 was charged with killing a woman, Re fugia Marquez, on the 9th Of July lasJ. It was in evidence that he had been employ ed in the butcher shop of Maish & DriScoll; that he was discharged about the 9th of July; that the same evening he got very drunk; was seen 10 go to the house of de- ceased; was seen standing with her at her door with a knife in his hand and striking her about the face with the flat of the knife; was seen tn push her into the room; was seen a few minutes afterwards to come out, and was shortly afterwards arrested with bloody knife in his hand, the wO- man being fOun. in a dying condition at the same time and died some ten minutes afterwards. Some one hundred and twen- ty persons were summoned before jury was obtained. The trial lasted i've days; the defense was drunkenness. The jury were out all one night and part of two days. Verdict, murder in the first degree.
 CHARGE OF MISCONDUCT OF JURY.
 The time for passing sentence having ar rived, counsel for defense stated in open court that he had been informed that the jury in the case had, while deliberating on the case, listened to and been influenced by evidence other than that produced on tle trial, and asked that the time for pro- nOuncing sentence be postponed until Monday next at o'clock a. m., that he might have an opportunity of ascertain tng to what extent Sald information was true. Motion granted.
 Proceedings of Monday, November 30:
 APPLICATION FOR NEW TRIAL. Counsel for defense stated he had no mo- tion to make s-s 10 misconduct of jury, but presented an application for new trial, which application was denied by the court on the ground that none of the caus- es required by the statute Co support such an application had been sufficiently shown.
 STATEMENT OF THE PRISONER. The prisoner having been by the sheriff requested to rise, was addressed by the court ln the usual manner and being ask ed if he had anything to say why sen tence should not be pronounced in his case, replied that he had, and stated as follOws:
 What I have to say is that a mem Der Of the jury which found me guilty, three days before they retired to the jury room {; that Is Go say as well as can rememb Der now, about the past Sunday or Monday about week ago, said that they were gO- ing to be unanimous to hang me. This is dll. RI Ou JIl6 OI the JulOf l will give It to you"
 The prisoner was then informed that the court neither required him to mention nor prevented him from saying anything which he thought proper to state as reaS- on why sentence should not be pronounce ed upon hln; that he was at liberty to make any statement he pleased in that connection. The court further said to him to have no fear, but to make whatever statements he thought proper. This Ian- guage of the court was interpreted to the prisoner by the official interpreter, and the prisoner being asked if he understood 1t, he said he did. He was then asked by the court if he had anything further to say. To which he replied: "I have noth- Ing further to say; everything is complet- ed; do as yOu will"
 ONE CHANGE HoRE.
 MT. McCaffry, counsel for the prisoner. then stated that the statement of the pris- oner as just made had never before been brought to his notice; that since the rendi. ton of the verdict and previous to last Saturday, counsel had heard reports of other misconduct on the part of the jury WhereupOn he applied to the court last saturday morning for postpOnement of the time for pronouncing the sentence, in order that he might ascertain what eyi- dence he could get in support of such ru- mOrs; that said pOstpOnement was grant, ed; that he had this morning informed the court that he had been unable to find any evidence to sustain such rumOrs: but that in view ot the statement now made by the prisoner, he would respectfully ask that another days pOStpOnement be had to in- vestigate the report brought forward by the prisoner. Counsel for prosecution ob- Jected, but the court granted the addition al day.
 Proceedings Of Tuesday, December
 NO PROOF OF MISCONDUCT. OF JURY.
 BIT. McCaffry, counsel for defendant. stated he had made inquiries about the charge of misconduct on the part of the jury and he had been unable to find any evidence which would justify him in bringing the matter before the court.
 THE SENTENCE.
 The prisoner being requested to rise, was addressed by the court as follows:
 Prisoner at the bar: You have been tried by jury or your peers, as provided by law, and their verdict is that you are gulf ty Of murder in the first degree. This IS the day appointed for pronoun ncing judg- ment ln your case. Have you anything to say why Judgment shall not be pronounce ed against you? The prisoner replied: " All have to say is that all the witnesses who SWore against me, SwOre falsely. I have no more to say. Do with me as you will" His Honor then continued as fol- lows:
 It becomes then my duty to pronounce judgment in your case. It is usual in view of the solemnity of such a moment as this to person in your situation, where the puniShmenf is death, for the judge to urge upon the prisoner the need of mak- ing due preparation for so important an event to him, as the passage from this world to what is often called the unseen world to come. But to you, if judge aright as to the nature of your belief in z. of.