Arizona citizen., 1879-10-04
THE CITIZEN
'URDAY. OCTOBER 4. 1872
[ OC1L MATTERS
District Court.

!
 Telitha Morrison vs. Chas. D. Mar shal; motion to amend complaint granted, and case set for December 8 adjourned term.
 October 1, Gertrudes Eek vs Andrew Eek; divorce. Decree for plaintiff.
 Lucas ct al vs H. B. Smith, Public Administrator; demurrer overruled.
 Collins vs Perrin; appeal from jus tice Submitted.
 Territory vs W. H. Young; perjury This case occupied the attention Of the court the entire day. The jury re tired early in the evening and stayed out until about nine o'clock; when they came and announced that they could not possibly agree. They were discharged. It is understood that they stood 8 to for the prisoner.
 October 2. Poston vs Witherill et al; motion to strike out portions of complaint denied. Demurrer sustain ed as to defendant Witherill; 40 days to amend complaint.
 Territory vs Charles Powell; mur. der. This case was set for today, and this morning a venire of forty jurors were in attendance. The case was ta. ken up very promptly and the business of getting a jury proceeded. It had been anticipated that this would not be an easy matter, and there was little disappointment when the court ad. ljourned at noon with the first venire exhausted and only five jurors in the box. A second venire was issued re. turnable forthwith.
 At three o'clock jury was impan, neled, composed as follows: John Hovey, Alexander Mickey, Richard Woffenden, Arthur Borton, A. Brichta, D. Gibson, Robert Wood, Otto von Richenbach, Geo. Field, J. II. Miller D. Hickey, G. W. Raymond.
 The case of the Territory against Chas. Powell, for the killing of Jesus Chavez, was continued through Thurs day afternoon and Friday morning Iconcluding as far as the evidence Was concerned about ten o'clock. The tes Itimony disclosed nothing substan tially new, or different from what was related in THE CITIZEN the day after the shooting. The prosecution did not show anything going to establish the fact of a previous feud between Pow. .ell and Simpson; but seemed to rely on the theory of criminal law, that a man intends the legitimate consequent ces of his acts. The following named witnesses were sworn on behalf of the Territory: W. Box, J. D. DobbS, 4. .P. Green, J. ". Murphy, H. Mix, c ". P. Watson, T. McClary, 4. G. Ryan, C. \. Shibell, G. E. Teague, W. 4. Me Dermott, J. \. Simpson, D. J. Van Struve, J. GOldtree and \. c. Buttner. The defense put no witnesses on the stand except Powell himself, who sim ply stated that he never knew Jcsns Chavez. Strong objection was made by Powell's counsel to the intrOduc- tion of testimony in regard to the shots fired after the one which killed Chav- ez, but the court admitted the testimo- ny. Powell's reliance is evidently upon the sympathy he expects from some jurymen on account of his not having actually intended to kill Chav- ez, but another man-Simpson. He is perfectly calm and collected, and of the two men, himself and his counsel, he appears far the less nervous and disturbed. It is the general impres- sion on the outside that the jury will convict him of murder in the second degree, or will fail to agfee.
 The Powell case was given to the jury Friday evening at about five o'clock after 2 vety fuil charge by the court. When the jury went to supper they made provision for making a night of it, from which it seemed evi- dent that they were not entirely har- monious. Late in the evening it was decided to shut them up for the night, but it would not do. They came into court this morning and reported 1t i'm possible for them to agree, as they stood just as they did last night at nine o'clock. After being sent back until eleven o'clock they were dis charged. After it was over the sur prising announcement was made that they stood eight for acquital and four for conviction of murder in the first degree. The further trial will go over to November.
 It seems strange that in this com. munity eight men out Of twelve should now pronounce A man guilty of no crime at all whom Che same con- munity was almost ready to hang without judge or jury only 8 month ago.
 Streeter vs. Calabasas Company trial set for November %.
 Arriols Segunda vs. Carrillo appeal withdrawn.
 Parrish vs. Arey; demurrer stis- ltained; twenty days to answer. Collins vs. Perrin; appeal; judgment for defendant.
 Territory vs- Young; prisoner re- leased on his own recogniZance, in