Arizona republican., 1894-12-09


 the influence of liquor.
 The defense now rested and the ter rtory called in rebuttal Marshal Nal lay, Assistant Marshal Buck and c. H. Pierce as to Shurbert's character.
 Marshal Molloy testified that he. was industrious and bore good reputation. Being asked on cross examination when he had heard anyone speak of the dead mans character, he replied, ''On the day of the assassination" The defense moved that the reply containing the word assassination" be stricken out. The motion was allowed.
 City Editor McClintock of the Ga zette, was recalled to rebus the testi- mony of Tipton. He said that he had not talked with that witness on the day of the murder and that if he had seen him at the place of the shooting he had not remarked his presence. He said further and decisively that Shur- bert did not strike Price that morning, did not grab at him and at DO time was within striking distance.
 The testimony was now all in and an argument took place between the at- torneys concerning the admiesibiIity of that part of it relating to the threats alleged to have been made by Shurbert. During the examination the jury was excluded. The court decided to let this evidence in and recess was taken for the preparation of instructions.
 Judge Bakers instructions were the most comprehensive ever offered at a murder trial in this district. The read Ing occupied nearly half an hour.
 The distinction between murder and manslaughter, the only two grades of homicide in this territory was presented at great length and unerring rules for weighing the evi- dence and determining those vexing subjects, reasonable doubt" and "malice," within the meaning of the statutes, were submitted. It was con- ceded by all the members of the bar present, that if the jury did not return a verdict of murder as charged, it would have performed that equine feat de- scribed by lawyers as "taking the bit in the teeth"
 The argument was begun at o'clock, Assistant District Attorney Moriarty opening for the territory. His address was severely logical and covered the most minute bits of evidence. It was also extremely eloquent and produced 8 marked effect upon the jury.
 Judge Campbell, for the defense fol- lowed his argument was pronounced by mem bers of the bar in attendance, re- markedly able effort, more apparently so in view of the fact that it was in sup port of what seemed to be hopeless theory. It was adroitly directed at the hearts rather than at the understanding of the jury.
 At the close of his argument a recess was taken until 6 80 when it was sup posed Col. Fitch would close for the de- fense. This supposition was sufficient to pack the court room but the silver tongued orator evidently believed that what his colleague had not done for the defendant could not be done and District Attorney Williams began the closing argument. His address was brief but forcible. The evidence was hastily but carefully reviewed. There was no acrimoniousness of zeal in his effort. He only plead that the law and the good name of Phoenix be sustained.
 The jury retired shortly after eight o'clock. There was prevalent opinion outside the jury room from the begin ming that no verdict would be reached.
 An hour later the impression grew stronger and at 10 o'clock it had grown so strong that the court room was vacat- ed and the gas was turned low. Judge Baker went home, leaving instructions to be called if verdict should be found.
 At minnight there was knock on the inner side of the jury room door. Prices fate had been determined Messengers were sent to the houses oi the judge and counsel. In half an hour the judge was on the bench and the anxious counsel in their places. 4 dozen spectators, court officers and newspaper reporters awaited the ar. rival of the iury with more apparent interest than the perturba ble priso- ner.
 The jury filed in and took their places and having been boiled the foreman passed up two pieces of paper. The judge looked at them and passed them on the clerk who read aloud from one.
 "We, the jury, find the defendant guilty of murder, as charged in the in-