Arizona republican., 1894-12-14
ONE DAY MORE.
Today Probably the Last
of the Crouch Case.
Nothing but the Argu-
ments ana Verdict.
Defendant Himself Describes
the Death of Leon.
The Passing of Sentence Upon
Price, the Murderer of Shurbert,
Postponed Till Today.

The fifth day of the Crouch trial wi II
begin this morning. 1t was believed
that the case might be concluded yes
terday and it might have reached the
jury, but for the Hines of Col. Millay,
associate counsel for the prosecution.
Only four more witnesses for the de-
fense remained to be heard at the open
ing of the court. OF these one was the
defendant himself. His testimony did
not differ materially from that of Price
and other witnesses for the defense,
but it enlisted great deal more at
tention on account of the impressive
ness with which it was delivered.
The witness spoke low but nearly
every word could be heard in every part
of the court room and there was that
about the story which impressed the
hearer with the truth of it or at least
there was that about it which
convinced the hearer that the
witness was Intentionally manu-
featuring nothing, shading moth
ing but was telling the story as it had
appeared to him. His description of
the conversation with Leon three
minutes before the killing was note
worthy on account of its entire absence
of bitterness. The other witnesses for
the defense at that point threw into
Leon's replies and utterances to the de-
fendant vindictiveness which might
have been expected under the circum-
stance of long an8 bitter quarrel be-
tween the parties.
Crouch said that the object OF
the visit to the shack was to remove the
Mexicans; he did not know what
Mexicans as he had only been told that
some Mexicans had moved on the ranch.
The crowning part of his testimony
was naturally that part of it describing
the shooting.
He was following Leon, he said, not
for the purpose of driving him off or
| doing him bodily harm, but because he
supposed that he was going toward the
bed to get gun. The witness did not
notice the iron bar sticking in the
ground until he saw it in the hands of
Leon. He thought it was Winchester
and fired the fatal shot.
| VIM. Roberts testified that some time
previous to the shooting he had accom-
! panied Crouch to the ranch or to the
ditch in dispute where they met Leon.
/ Speaking of their claims Leon told
Crouch that he could not rob him of
his land and water and live.
| William Landgrebe and William
ellison testified to the good reputation
Of NH oh 1ofo
rested.
In rebuttal the prosecution put on
John Y. T. Smith, q. U. Collins, Will
Collins. J. P. Moffat. W. A. Hancock,
Seth Philbrook, Henry Slosser and
Chas McCarroll, who described the
character of Leon as good, Industrious
and peaceful citizen. The last three
witnesses live in the neighborhood in
which Leon lived and are all gentlemen
of the highest respectability. During
the cross examination of Mr.. Slosser,
he was asked il he had not
been active in soliciting contri buttons
to a fund for procuring associate counsel
for the territory. He replied unhesi-
tatingly that he had been so engaged.
/ The evidence was now all in and the
jury was excused until O'Clock pend
ing the preparation of instructions.
This proved to be an interesting feature
of the trial. The instructions submit
ted by the defense became the subject
of protracted argument. Section after
section was stricken out and it was not
until O'Clock that they had been cut
down to meet the appreciation of the
court.
The jury was recalled, and Colonel
Millay opened for the prosecution. He
cautioned the jury in the first place
against the entertainment of race
prejudice against Leon and reminded
them that it was the boast of Americans
that all men were equal under the law
and entitled to the same measure of
protection in their rights. Colonel
Mlllay had been suffering from an in
disposition, and after having spoken
for fifteen minutes he turned to the
court and announced that he was un-
able to proceed and asked that the trial
might be adjourned until the morning.
The defense consented and the adj
journment was reluctantly ordered.
The attendance at the trial was
greater yesterday than on any previous
day; the interest eliminated during the
argument and Judgment upon the in
structions, the audience believing that
this would slightly indicate the course
of the verdict.
Yesterday morning at o'clock was
also the time set for passing sentence