Arizona republican., 1893-08-13
ON LEADEN WING.
Justice Comes at Last
to a Convict.
j. j. Smith Released
From Yuma Yesterday.
Sentenced to Thirty Years for
the Canon DiabIo Robbery.
After Four Years Confinement when
Broken In Health His Innocence
Is Established.

territory against j. j. Smith four years
ago, was righted yesterday by Governor
Hughes, 80 far as it can be righted
through human means.
On November %, 1889, in Yavapai
county Smith was sent to the peniten-
tiary for go years, for alleged participa-
ton in the train robbery in Canon Dia-
bio, on March 81, OF the same year.
The story of Smith'e adventures from
that date until his trial, taken in con-
nection with the long and unmerted
punishment he has since undergone,
would furnish not only base Of opera
tions for novelist, but COM
plete material for q novel. That
the story is true, there is now no
doubt, and the governor has been con-
WINGED of its truth in the course of q
careful and psinstaking investigation
covering period OF several months.
Three days after the robbery, Smith
was on his way TO Hamilton, White
Pine county, New, where he intended
to engage in mining. At Black Falls,
a crossing OF the Little Colorado, thirty
miles from Canon Diablo, he met John
Halfo.d, d. M. Harvick and w. ID.
Siren. He had previously known Hal
ford and Harvick, had worked on the
same ranch with the former, while the
latter was engaged on an adjoining
cattle ranch, and knew that both were
men of good reputation. At the time
he met them, he had not heard OF the
robbery. He was asked by them if be
knew the country, and on replying that
he did, they joined him and travelled
with him as far as Cannonville. Utah,
where all were arrested.
While enroute to Prescott in
charge OF the officers, Smith es.
capped at Trinidad, Colo, by jump
ing from car window. He was
afterward recaptured at Vernon,
Tex, and in this connection is related
a story OF romantic interest. In the
course of his flight across the Llano
Estacado he came upon a young girl
lost many miles distant from any place
of habitaiion. and helpless and perish.
ing OF fatigue and hunger. He carried
her many weary mile until he at last
came TO house where he succumbed 10
the effect OF heat and exertion, was
seized with typhoid fever and lay i'll for
several weeks during which time his
trail had been taken up and success
fully followed. He was thus taken and
returned 70 the territory and here may
be introduced his motive for undertak
ing his desperate escape from the car
window.
Though innocent he was very poor
and without friends in Arizona he had
been taken in the company of accused
persons who might be guilty and he
therefore feared the issue OF trial.
In the meantime Halford, Harvick
and Stiven had pleaded guilty and had
been sentenced to the penitentiary fol
Twenty-Five years.
At last Smith came to trial. Though
there was no proof against him he had
by his unfortunate escape but himself
in the attitude Of defendant under
French law and was compelled to prove
his innocence. In defense: he coulc
only say that on the day OF the robbery
he had gone down the Little Colorado
to Winslow, twenty miles from Cai1or
Diablo.
Halford, Harvick and Stiven were
brought back from Yuma to testify tc
his innocence and were to swear that ht
was in no manner connected with the
robbery either before, after or durinl
the time of its occurrence. This test
mony was excluded on the ground o
incompetency and Smith was convicted
and sentenced.
When application was made for par
don it was accompanied by the state
ment OF these three men and also by
report by DR.. p. g. Cotter, prison ply
stefan. 1t may be mentioned that the
physicians report was not made with {
view of strengthening the application
but had been made in regular course tc
the superintendent of the prison and
was afterwsrd appended to the applica
ton as document which might beal
upon the case.
The report Gays Smith has been fail
ing in health long time owing to quick
consumption. He has lost appetite anC
strength and had four severe hem
orrhages week before last. His lungs
are in state of inhammatory consolida
ton and are being rapidly destroyed
The physician believes that it is danger
GUS to keep him confined, as the disease
Is likely to spread from the germ-lader
sputum.
The governor has examined separate
ly and together the three prisoners who
declare Smiths innocence; he believes
as do all who have made study of the
case, that they are telling the truth and
consequently last night Smith was
made free.