Arizona weekly citizen., 1883-06-16
CASEY IN COURT.
His Trial for the Murder of JsilOr
 ll6lbrOOk.
Syn0psIs Of the Testimony Elicited- The Prosecution Rests and the Defense AdduciRg their
 EVidencr.

The Territorial District Court re
 assembled last evening at half-past
 o'clock for the continuance ot the Case
 murder trial. Out of the venire of fort
 jurors ouly nineteen lpersons answere, 3 to their names. Some dispute aros among the counsel on the question O
 whether the examination ss to tho quail
 ticstion of jurors should be prcceede, with partial yenire, or whether th, ] trial should wait until the full venir, should be present. The court decide. , to continue with the partial list. Th, number of those whose minds were con
 vinced Of the guilt of the defendant
 were in the majority. The defens,
 finally exhausted their ten peremptor,
 challenges. Tho counsel for the prose
 cution immediately accepted the remain
 ing juror.
 Following IS lIst of the fury: A. T
 Lee, $. G. Lewis, Q. Clapp, Geo. T. Vol
 folk, J. Hughes, John Renshaw, B. L.
 Tiffany. c. T. Vincent. Griffith Jenkins
 s. D. Wright, D. s. Reseigh and Jos. k
 Zimmerman.
 The court then took G recess till this
 this morning at 9 o'clock.
 The court room was crowded this
 morning on the reassembliug of the
 court to try Joseph Casey for the crime
 of murder.
 L. s. Williams, clerk of the Territorial
 District Court, was the first witness
 called, sworn. The past minutes of the
 court were produced ID testimony, and
 read by Mir. Williams, to prove that
 Joseph Casey was legally held m GUS
 tody st the time of Holbrook's murder.
 Mir. Williams could not identify Casey
 as the defendant at the date in the mn 1 utes of the court of September 8, 1882. George A. Cum, sworn-Was clerk at
 the above date; recognize the minutes
 as being in my handwriting; Casey plead
 not guilty on September 30, lSS2 Mir. | Williams was clerk then.
 | k. w. Risley. sworn--Was deputy clerk at that time; was present when Casey plead not guilty; this man is the persun.
 R. H. Paul, svorn-Am sheriff of Pima county; was an officer at September term of court last; Casey at the bar Is the same prisoner I had then; have the commitment by which held him. The | commitment was offered ID evidence | Identified Casey as the person held un- | der commitment; the prisoner was ID my custody; Casey escaped on the first of last October; was recaptured and has been in my custody since under the in- dictment and commitment; has been so until the killing of Holbrook; the latter was my county isilor.
 l An nb1apfrOn yraa hara lDtarnOaaN hy | the defense that Holbrook was not the name m the indictment of Casey for murder. the indictment says if was a l HoolbroOk.
 Col. Smith suggested that the authori- ties for the objeeuon be produced. | Judge Anderson read in support of | his objection from Greenleafs Evidence, | volume 3, section 9; Wharton's Sum- | mary of Criminal Law, third edition, page l62; People vs. McNealy, l7th Cal, | page 332; Wharton's Criminal Evidence, ! eigth edition, 1880. Mir. Anderson read at great length from the authorities, | claiming that the variousness of the sound of names was fatal to the Indict- ment. H, double O, l. br, double O, k, spells HoolbroOk, which IS not Holbrook, the same as ToOle sounds different from Towle or Toll. The indictment only mentioned time, and time is im- material
 Judge Alexander Campbell replied that these laws were passed at a time when criminals were not allowed coun- sel. the judge assisting the prisoner, and the severest penalties were visited for the slightest Offenses. The instances cited from the common law were created from an age that IS passed. The com mon law IS now modified every where. ! The difference between Hoolbrook and Holbrook was to slight too make a diff ference in sound, Havely and Haverly were allowed by Wharton, and were no more different.
 Judge WOodside said that absolute variance of sound was fatal The in dictment said that HoolbroOk and not Holbrook had been murdered. We Ob- iect to all testimony that shows that any other person had been killed that specified in the indictment.
 The court overruled the objection, and decided that difference in spelling the name was immsterial, and directed the trlal to proceed. Exceptions noted and taken.
 Paul (resuming)-Holbrook had been engaged as jailor since the lst of Feb ruary; he died at the county hospital on the evening of April 29th.
 Cross-exsmined-The jailor's name was Andrew W. Holbrook.
 Judge Anderson-We wish It under stood that our objection to testimony goes to all the witnesses.
 Alexander HelRnder, sworn-Was ID the county jail on April 29th last; know the prisoner Casey at the bar; was standing at the wicket waiting for Hol- brook; all at once seen Casey and Sin claIr: saw Casey going through the bar didn't want anything to do with 1t; finally Casey came into the office; heard the shot; saw HOlbroOk put his hand on the door; saw Casey shoot Holbrook Tn the back: Holbrook was trying to get out. Witness described Holbrook's po- r:Con.l Sinclair came out of the office. Casey said, "I might as well of killed him. Casey put up the pistol Tn the office and came in back through the opening in the grating where he went out; he tried to hide behind me; the guards then came and took Casey; be said the pistol was iG the washstand; saw the second shot fired by Casey at Holbrook.
 Cross s-examination-The distance from the door where Casey stood was about five feet; heard no remarks previous to the shooting; saw Casey and Sinclair going through the break; I went into the water closet, as I didn't want to have anything to do with It; heard Holbrook come into the office; heard the first shot; ran out of the water closet; Holbrook had his left hand on the door casing and right hand on the knob when Casey | fred again; Holbrook ran outside and cried for help; HOlbrook brought ID an ash-shovel and put 1t in the corridor against the wall. and then walked into l the office. Identified the shovel. It was about ten seconds between the first and second shots.
 G. J. Roskruge, sworn-Am county surveyor; made diagram of the county | jail; 1t is correct so far Hs l have made ! it. Described 1t at length. The dia- gram was offered in evidence. l Cross-examined Witness explained | the line of the shot and the distance be- | tween halls, doorways, etc, of the jail. The explanation was repeated to the jury. ! lowed to view the corridor of the jail | where the shooting occurred. The re- | ouest was granted, and the jury retired | to make Gn examination of the premises. | The jury were gone about ten minutes aud returned.
 $. W. Waring, sEOrn-Wa as the coun- | ty jail on the 29th of April last; know | the prisoner st the bar; knew Holbrook; about half past seven o'clock in the morning was standing in the corridor; ! heard something snap; looked up and saw Sinclair and Casey have hold of bar; they vrenched the bar; Casey, Sinclair | and Mexican came ont; then started ! to run; got on the tank; HolbrOok came | in with something m bis hsnd-shovel 1 or dust pan; Casey told Holbrook to throw np hls hands; Casey fired and