Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1893-01-13
FOR HIS LIFE.
left Wilson's Case In
Supreme Court.
Argued and Submitted
Yesterday.
Why the Appellant Applies for
Re-Hearing.
A Brief sketch of one of the Most
Noted Criminal Events of
the Territory.

Yes erday was entirely taken up in
snnreme court by the arguments ;ln the
case of jeff Wilson. The arguments
we're begun the previous day by o. t.
Rouse counsel for the prisoner and
we're concluded yesterday by his col
league VIM. NJ. Lowell and by United
States Attorney T. F. Wilson for the
territory. The matter was submitted.
The case is brought up on appeal the
chief ground OF which is that con-
adorable part OF the testimony, in
FACT the main part of tho testimony up
ON which the appellant was convicted
has been shown to be unreliable.
The appellant also alleges that
great deal OF evidence for the territory
was improper or improperly admitted.
The CAGE Of Wilson is one OF the most
noted criminal matters in the history of
the territory and is familiar to all who
lived in the territory three years ago or
during the trial of the prisoner.
Wilson was colored soldier and be-
longed to colored troop stationed at
San Carlos, At dance some time in
August, 1899, Fleming, a member of the
same troop, was murdered. Fleming
had been called short distance away
from the house where the dance was in
progress and the next morning his
body was found. He had been beaten
TO death presumably with a peculiar
piece Of iron which was found lying
near. In the following October four
negroes, Logan, Douglass, Varnum and
Wilson were arrested. Logan was be-
lieyed to have done the killing and
Wilson was supposed to have been an
accessory.
Wilson was tried first and convicted.
The principal evidence against him was
that of an Indian woman, who swore
that she say him have the iron which
was aiterward found near FlemIng's
dead body. The defense attempted to
show that the witness was incompetent
by reason OF the fact that she enter
tanned prejudice against Wilson. The
iron in question was known TO have
been taken from scrap pile rear a GER
tain blacksmith slOp, and in corrobor-
alton OF the testimony OF the Indian
woman witnesses were permitted to
swear that they had seen the prisoner
near the scrap pile some time previous
to the killing. This was objected TO on
the ground that il had not yet been
sufficiently shown that the prisoner
had ever had the iron in his possession,
and the only effect of the evidence
would be to prejudice the jury against
him, For the same reason objection
was entered against the testimony in
the case OF one OF the other prisoners
by which it Was made to appear that
the prisoner had made contradictory
statement concerning matter which,
though seemingly unimpOrtant, would !
be calculated to unduly influence the
jury. An unusual irregularlty in the
proceedings concerning which there Is
dispute was also alleged by the defense. /
Wilson was found guilty and sentence
OF death was passed upon him by Judge
kibbey. The records did not appear to
show when the sentence should be car
med into execution. The entry was
made by Frank Kibbey who was the
clerk OF he court and who made 1t, he
said, as he understood it. Judge Kib-
hey, however, asserted positively that
The sentence was complete as to the
date OF execution.
Wilson's colleagues were later tried
and acquitted, after which an appeal
,Sss taken in his case. The matter has
oeen before successive terms OF the
supreme court, but was never before so
near decision as now.