Arizona weekly citizen., 1882-06-25
LRAFY'S AIURDFRFRS
beeision or tnited states CoEiraissioner SreSg-fhe Prisoner, RcmantIrd Without Hail Io Ire CuSfosl,, s,e ,t. -,.r,r

sue tO be admitted, Hooked m ana . filled the room. On the appearance of
 Commissioner Gregg a few minutes l. afterwards, the prisoners were brought S in, and given their accustomed seats by
 the side of counsel Mr. Thos. Fitch.
 The opinion of the Commissioner was
 delivered orally and is in substance as ! follows:
 In the petition of iIlegalty Of com
 mitment in the case of Murphy, Mover and Gibson for the killing Of James 1. Leavy It becomes necessary to separate
 the case of Gibson from that
 of the other defendants. although the evidence, as far as adducei,
 leads to the strong inference or presump-
 tion that the defendants, as whole,
 sought out Leavy for the sitivepurpose , Of bringing on a deadly encounter. This evidence is conclusive from their actions
 previous to and a short time before the
 shootiug, at which time Murphy and
 Mover walked mp Meyer street followed by a curious and somewhat numerous crowd; as they approached the Palace
 Hotel they were heard by one witness to
 cock their pistols as they passed the boot
 black stand on which James Leavy, the
 deceased was sitting. It is fair to pre-
 sume that the defendants as a whole. or
 at least one Of them. saw Leayy at the
 time stated, notwithstanding what thei- | counsel may say to the contrary inas-
 much as he, Leavy, was of all others the
 one person in the world for pbom they
 would be on the alert and passing us they . did so close to him it is highly improba- | ble that neither of them would see him. l When a short distance below tle Palace : Hotel they stopped, turned back and at the Palace Hotel dcor met Leavy and the shooting began. This testimony sup-
 ported and co-rooorated, as 1t is, by other proofs leaves clear the inference
 that the defendants sought out Leavv for | the express purpose of killing hiu. The counsel for the prisoners, while deny
 ing that this sGppositioE is correct, con- tended that even if correct they. the de-
 fendants, were justified in doing so.
 Threats had been communicated to them that Leavy would kill them that evening and as he. Leayy, was an nabandoued and desperate characte-, an export pistol shot. Ind killed one or more men. they had reason to fear for their lives. hence they were ias,ifable in seeking out Leayy to bilI him and thus anticipate his attack.
 The commissioner then read cer- tain sections in the statute relative to ''justifable homicide" and cited other authorities on criminal law to the effect that the evidence in this case would not justify the homicide and eutitle tie de- fendants to their discharge, and further more, the law does not allow anyone to seek out his enemy for the purpose Of putting him to death and thus antici. pate any remote deadly attack from him, but he should, fl he fears an assault. ap- ply to the Justices court and have his enemy bound over To keep the peace or committed without bail IT the party fearing the assault meets his enemy and 2 who, when met, does something which indIcatss all immediate assault on him. he may anticipate it, at his perll, how ever, by killing him, but he cannot seek ' out his enemy for that purpose.
 In regard to the dsfen lant Gibson the F testimony shows that he, Gibson. was present with Murphy and Mover before and after the shooting and was one Of 9 tt trio, sharing counsels and animated by [, one common impulse But this is to o be regarded as subordinate to other b evidence in the case connecting Gibson ttII directly with tbe affair and as there il Is conclusive evidence to show B, that a third principal was con si 1ec.ed with the homlcide and that 51, Tas, according to tle evidence of Bull A. ard and S:aley, Gibson. That of the sl ormer IS Of great importance as he well ol .new the whereabouts or Murphy and Mover, and at the time of the shooting. aw third man not more than our or five feet from Leavy. b, nd who as he, Leavy, was sink m ng to the ground, fired several hots into the body. StaIey also saw the C. hird assailant firing into tae body of 4eayy, could sec the flashes of the pistol nd ou the cessation of the firing saw iihson and Mover leaving the body of VI leavy with pistols in their hands. and card Gibson say to Murphy who was landing some f.riv feet away. CT fixed i'm" etc. Bullard did not identify the illness but Staley did. The Commis- n toner after reading portion of Staley's said that i1 view of such violence he coHld come Go no other Dnclusion than that Gibson was ne of the trio and was present with the ,her two defendants before. during and '5er the shooting and therefore tits fol- D . ,o hold that the committing macis- ate mad committed Gibson without sasou or probable cause therefor. He lefore denied tine petition oidefeudants nat they should be discharged or al - wed bail, so committed them again to g. ,. ne custody Of the Sheriff The crowd then dispersed and the ,' , -soners, after a short consultation with leIr counsel, were reconducted to p-is- N Mr. Fitch on being called upon in his O. flee stated that for the present time he =. ould carry the case mo farther, as there ~. ere no judges in 5le Territory before hom 1t could be beard vltL tLe excep- D on of Judge French and he was away !. p in Apache county. Judge Stilwell was or. California, Judge Porter had resigned tW ld his successor, II appointed, had not wa # reached the Territory. SO for the "e -esent nothing more would be done
 Big Fall. \ co.ored man whose name was not %; armed feii from a second story window de' the Western Union Telegraph build the g on Pennington street last Monday. an' pr a half hour he lay senseless on the Tic lewalk, the ladles Of the house doing ana hat was possible to resuscitate him. lad ially opening his eyes be said "whose the .--.... ...-. r e - .. atg