The weekly Arizona miner., 1877-12-14
A FAIR AND InrAnrIAL TRIAL.
The Territory ys. Henry II. BiKby.

This case, just completed in the District
 Court, is worthy of moro than passing
 notice
 It seems that fur more than year pre-
 eeeling the homicide, the deceased, ]. c
 Page, and f. II. BiNby had bcen having
 trouble Page had frequently threatened Bixby's life. and was known as violent man; while BiXby was known tO bt quiet
 and geutlemauly n manners.
 The magnitude of the ease; the peculiar :ty of the defense; the great legal ability dis played. all tended to excite ths interest and curiosity of the public, and, ia consequence, the court room was crowded during the four days proceedings
 The defense was fortunate ia securing faithful and intelligent jury--a jury which
 in every respect was competca; to give ihe
 case a fair aHd 'impaTlial uial.
 The majority of the witnesses were resi- dents of the first standing in tae community.
 and their testimony was unimpeached, Mir. BiXby took no part whatever in the ! trial. Al the opening he took secluded seat, and retained it during lhe whole pro ceeGings, never communicating in any man.
 ner with his attorneys; his appearance was
 that of one bowed down with humiliation
 and guci at his position
 The prosecution was conducted hy Mr. Morgan ia an able and scholarly manner
 we'll worthy of thst learned gentleman. i Judge Rush's argument for the defense
 was an earnest and powerful one. He treat
 ed the subject allotted t0 hn in manner | thai did himself great cTgdlt and well sus- | taincd his already brilliant reputation. The announcement that Thomas Fitch
 would close the argument lof ihU Ceicnse,
 was the cause Of deaseiy croWd.ng thc court ! oom. The assembled ihrong va. not dis. l appointed, his argument rXtlndlng over tNo hours in length. was certainly mas tcrpiccr, and was listened to throughout with intense interest; it was logicsi, effect ! i've and passionatrly eioqurnt-such, in
 deed as only Mr. FiIeh could make. The
 closing appeal was singularly beautiful.
 Mr Morgan closed Tor ihc prosecution in
 Ia powerful argument. H. reviewed the | greater portion of ,hc testimony, making | all that was possible out of the ease. He certainly deserves the thanks of ihc people
 for his untiring efforts in their behalf. | Many were disappointed ia not hearing 1 Judge L0yett address the jury as counsel for ! the defense. The modest dcicacy cf thc gentleman forbade him, during any portion 0t the tnal, giving Mir. BiXby ,he benefit of 1 his great learning and experience, as an at- 1 toruev. He wished to do nothing that | would make him in any manner appear too assuming before the pubic. In this con
 ncction It is but right and proper To say a ! tcw words ih behalf of our distinguished visitor who. by his straightforward and manly conduct throughout the trial, has won the admiration and respect of '.A those ! interested in the matter. IL Is probably l through the untiring efforts of this gentle
 man that Mir. BiXby owes his liberty today. | He has given his time and means Co the Gc- complishing of this object to the neglect Of many other duties he has travelled thou sands of miles across the continent in quest of desired testimony; he has indeed been a
 faithful friend and brother.
 The charge of Judge Twccl had been carefully prepared, and Was delivered in an impressive manner. lie spoke at some l length. some of the most promi- nent parts of the testimony. and laying ! down the law for the guidance of the jury. | In summing dp. lac stated that if the jury | did not arrive at full conviction that the ! prisoner was guilty beyond & reasonable doubt, they ought 10 aguit him, and that
 this principal should govern them through out.
 After careful and candid investigation of ali the facts and circumstances of the
 case, the jury returned verdict of % Not Guilty" Upon receiving ihe verdict, the Judge thanked the jury for the careful at- tcntion they had given to the case, and as- sured them that they had acquitted them selves nobIy, and that it was just and righteous verdict.
 The prisoner was then formally discharged from custody and the bail exonerated.
 The verdict has been well received among the people, and there is no doubt that the evidence meritcd an acquittol. MT. Bixby left last Wednesday to join his friends in the East.