Arizona weekly citizen., 1883-12-29
NOT GUILTY.
A. J. Spencer Acquitted Of the Charge
 0l GurdeT.
Eiae Testimony For the Defense The Jury Out aIl Night and Twice Instructed
 Isy the Court
AFTERNOON SESSION.

By the Court.
 AFTERNOON SESSION.
 After calling the roll Of jurors Mr. J 8I. Kirkpatrick was calsd on behalf of defendant. He stated that he had known Spencer for , years and that he lad known Lowell for years or maybe a ist.e longer.
 He vas questioned as to the previous character Of Lowell, which was objected 60 by the district attorney and objection sa. sustained. The witness was then withdrawn.
 N. Mackenzie was th.n called on be- hatoi defendant and testified Jha. he fr-v both Lowell and Spencer; had Suown Lowell for ? years.
 Ge vas questioned in regard to threats made by Lowell before his death, which question was objected to by the district attorney and the objection was sus- tained.
 Exception WAS taken by defendants counsel on tue ground that defendants counsel could not be heard m regard to the matter, and witness withdrawn. Al. Spencer, the defendant, was then Sworl and testified as follows: I am B years ai3: have lived on thIs coast since ls54; , came to Arizona about 1866, soon after tue war, aLl have lived Lere ever since, uIth the exception of one year; 1 am iu tho mirmE business; for the last year I have been fixing up a stock ranch part of the time, and part ot the time have been ID Tucson.
 have known Lowell a little over years. The first time I Saw him was at Mir. Browns ranch about twenty miles from here. I have had business rela- tons with him. I was in contract Of mining with MT. Lowell abOui 6 months after l knew mm ! have en- plOved hIm s,ucs tLcu-about $ months ago.
 He was then asked in regard to his health which was objected to and a recess or half an hour taken for de feudauts counsel t0 produce authorities iu regard t0 the matter.
 AFTER RECESS.
 The objection being sustained, Mr Spencer was recalled and stated: weigh I35 pounds; am feet inches tall; my health has been very poor for the year past; l have not been able to do a mans work; ] came to Tucson last about the 3rd of the month Mir. Jos. Phy being called testified. knew the deceased 2 years; Lowell Eaie ms house Lis nome when he was iu town. He came to my house for set tlement with me.
 Er. Spencer recalled. met Lovel. on Dec. 9th at Hibbara's saloon n the front room: he stepped iu and said Alr. H5ezfellov Is looking for you. l said waui1 go and see him; 1 was going out when Lovei! spoke to me in regard tO 1 -jl he claimed J owed him. and which ] had settled: I told him ] owed him nUth- l iuE and that every time he got drunk be asked me for $50 he said l owed LIm: : told nm 1 had over paid 8 when l settled with GIm. 1 asked you If ] owed you anything, you sad TO, but ! there was a mistake ot AIr. BrOwa's of S51. I offered Co give hlm S3j which l be acc -ptci and ] told him our business had to stop and l walked into the back room, he followed me ID; 1 told him If 1 owed hlm anything l would pay, but l lId not, he said yoE are a damn liar; said let me out of lhis 1 want nothing more O do with you. l started out and lac put his hand on me and crowded ne back against the wall. ] thluk | had a matcha0x in my hand when he took hold of me: when he crowded me against the wall I drew my knife; he had his arms around me, l dragged him to the door; ] u-ei my knife because l could not free uv--.i from him; 1 wanted to get away from him because I thought be would l1r- me: I knew 1 had no show with him with my hands, and I thought l had so get away or get hurt mortally or killed; Le was a very stout active man; l know that by seeing him work; very Uf-en have seen hls strength tested iu many wzys; l was sick on thaf day: was unaer medical t-eatueutaat that time: ] vent out and met Mir Gabriel and told him I wanted to give myself up. did not nrelJhe freely uutIl ! was lu jail. cIIe ID town r. start some work ou our mines. l usually carry that kulte; have carried lt for a good many years; l used 1t on the ranch; Lowell knew ] was sick and weak; 1 have Car ned lat knife for at least four years.
 Mir. T. c. Hayes called and testified Have suown Spencer 32 years; have known him intimately: his reputation for the past g years a5 being a peacea- ule, gooi man is good.
 d.. N. Kirkpatrick recalled, testified aIr. Speuc5r's reputation for peace and quiet has been good.
 H. E. Lightl.zar, called and exam ile3, testified as folio vs: Have lived here tiye years; have known defendant C.. guietness is good.
 M. L. Grover testified that he was a resident of Tucson; had known the de fendant four years; hIs reputation for peace and quietness was good.
 i. Saunders called, and stated he was a resident of Tucson; had known SDen- cer for iOUr years, and that his repUta- tiOn for peace and GuIetness was good.
 ". B McCl5ary was then called and testified that he had known Mir. Spencer for three yearssand that his reputation for peace and quietness had always been good.
 J. McC. Elliott being called, testified hat he had known the defendant for iif- .een or sixteen years, and that his repa -atlon for peace and quetness was good.
 J. $. Wood was called aud stated tuat be was Probate Judge; that he had known the defendant, Spencer, for ui1e years, and that his reputation for peace and quistness had been good.
 Tins ending the testimony on the part of the defense, they rested, and counsel proceeded Co argue the case.
 The arguments of the counsel and the instructions of the court were finished sst night at o'clock. The jury re- tired. and there being DO prospect of c-eauent were kept ont all night
 At o'clock this morning they came 5nta court, and by request the iustruc- uuus Cf the court were a-sin read to them. They then retired, and in one aour returned with 0 verdict Of not guilty.
 The prisoner was immediately dis charged by the court.
 The Soap Man
 This morning a soap man, who has