Arizona republican., 1894-05-26
ABLACK SHADOW Fell on Jose SortiIIon
 Last Night. The Jury Returns a Ver-
 dict of Guilty. One Man Held Out Against Eleven for Nine Hours. The Prisoner Undisturbed by the Announcement of Ills Fate-End
 of a Magnificent Battle.

Sortillon stands in the shadow of the gallows. At 9 o'clock last night the jury after deliberation of nine hours returned a verdict of murder as charged in the indictment which may mean that he was either principal actor in the burial alive of Guerra's babe on the Mohave reservation near Ehrenberg in November of 1892 or else that he was an accessory to the horri- ble deed. The United States law makes no distinction and the punishment if not averted will be death.
 The arguments were begun yesterday morning and concluded soon after noon. The instructions of the court were care ful and so voluminous as to cover every point which could properly be, con sidered.
 The jury retired at 12 80 and after it had been out two hours it seemed probable that no verdict would be reached. About the middle of the af- ternoon a report reached the outside in some unac 3ountable manner that the jury stood eight for acquittal and four for conviction. Late in the after noon 1t was brought into court to re- ceive additional instructions concerning that count in the indictment charging the defendant as an accessory after which it retired again. At o'clock no verdict had been reached, but & sound of singing in the jury room indi- aQ hot Ho1i haI 1,, ceased and system of bluffing had been begun.
 At 9 o'clock the court was informed that verdict had been reached. The prisoner was brought in, his relatives were notified and score of spectators who had heard of the agreement by tine jury were anxiously awaiting the yer dict which was confidently predicted to be one of acquittal
 The prisoners sister, Annie Daniel who was at his side throughout the trial occupied rear bench Tn the court room.
 The verdict was handed to the judge who looked at 1t i'm paesively and di- rected a bailiff to hand it to the clerk who having perused it hurriedly read aloud: "We the jury find the defen- dant guilty as charged in the indict- ment."
 Judge Israel, of the defense, de- handed a poll of the jury. After it had been taken he moved that the jury be permitted to say upon which of three counts the verdict was returned The motion was overruled and the court thanking the jury for the atten- tion it had given the case reminded it that all the criminal business of the United States court having been fin. ished it was finally discharged. i Sortillon seemed to take little inter- est in the verdict. There was no ex- precision of anxiety upon his face when it was handed in and after it had been announced, while the poll of the jury was being taken he gazed carelessly about the court room.
 His half sister, unable to understand English, did not know the contents ot the verdict until 1t had been translated 1 by her brother-in law, Hon Abe Frank. She put her hand to her forehead, sob- bed, and was lead, dazed, out into the night.
 The verdict was received with gen. eral surprise. The case appeared tC have weakened materially since the last trial. when a jury disagreed, six to six. It was learned that the jury in this case had stood from the beginning eleven for conviction and one for acquit- 1 tai. The case was magnifcently fought on both sides. The defense was constant. ly on the alert, and at no time did the United States district attorney permit himself to be surprised
 Judge Israel never f'ced a jury in better form than he di yesterday. His pression made was so visible that an acquittal was regarded as certainty. And there is really little doubt that if the jury had retired st the close of his address, or that if he had been followed by a less skillful speaker than the 1 United States district attorney, the gal lows would have faded out of Sortillon's sight.
 MT. Ellinwood appealed in hls last address to the sensibilities of his hearers. He dwelt upon the helpless ness of the murdered babe whose very cry while It's grave was being dug ir the sand of the arroyo was weak, de fenseless and unavailing. The jury perhaps, in the moment forgot thai Sortillon was not there and that those whose ears were deaf to the babv's cry were Ma-ha, the grandmother, anG Jose, the unnatural uncle.
 Under the speakers passionate appeal it was enough to know that Guerra, Ma-ha and Jost swore that Sortillon had said the bab, must be buried alive.
 QME MAX OR AMnEEP