Arizona republican., 1895-09-13
WOULDN'T TALK. Mrs. Shean Will Go to
 Jail First. A Woman That Controls
 Her Tongue.
She Is Committed For Con-
 tempt But Is Released.
The Prosecution In the Lemon Case Finds It's Hands Tied-The Pre-
 liminary Proceedings.
From the Tucson Star.

From the Tucson Star
 The wife of Thomas Shean, killed bv L. M. Lemon at Harshaw a couple of weeks ago, spent some time in jail yes- serday forenoon for contempt of court.
 The examination of Lemon, which had been continued from last Saturday until this morning, was resumed yes- terday, to which it could only have been continued without the consent of both parties. There had been an agree ment concerning the continuance until Wednesday, but for the convenience of Mrs. Shean the case was taken up. She was the only witness and there was an apprehension that she would prove an unwilling witness against her husbands slayer. In whatever estimator she might hold him, the establishment of his guilt as murderer would involve the establishment of her guilt as an un- faithful wife. Fears that she would be silent and obdurate were momentarily dispelled. The examination opened with the usual formal questions con- corning her age, her relationship to Shean, her acquaintance with Lemon. etc. All these questions were answered readily and the prosecution seemed to have clear sailing.
 When District Attorney Lowell ap- preached the killing and asked where she was that fatal night, she replied with her usual promptness, II decline to answer" She added afterward that she refused for reasons of her own. The court took hand at this point and she made answer to some immaterial Ques- tions. She said that her husband went away on the evening when he was i killed. He said he mig6t 5e back in the morning and may be rot until the | next evening. Five minutes after he was gone Lemon came and went away. Other questions made her were met bv "I decline to say anything more j" II decline to gay anything more until in district court ;" II don't know" The subject was approached by the district attorney from every side. She adroitly avoided everything leading up to the time and place Of the shooting whether she had seen Lemon again that night, where she was at the time of the shoot ing, how many shots were fired, in fact everything the prosecution really want ed to know was unanswered. Every attempt to make her commit herself to any statement failed. The court ad monished her and told her that if she refused to answer on the ground that the answers would incriminate her she was within her right. She refused to say that the answers would be incrimi- mating. The questions were again put to her and on her refusal to answer she was committed for contempt to the county jail for "A hours. and the ex- animation was continued until this morning.
 A writ of habeas corpus was soon after issued by Commissioner Chalmers at the instance of Col. Martin, who is also defending Lemon. The matter was set for hearing at ? 30 o'clock. | Col. Martin argued that the magis- trate had no power to commit for con tempt; that his jurisdiction ceased with the examination last Saturday, and the proceedings of yesterday were not in court District Attorney Lowell said the adjournment was regular and had taken place according to the statutes. The willingness of the defense to wave
 further proceedings was not binding up-
 on the prosecution. Otherwise the de- fense could always close the investiga tion of crime and compel the prosecu-
 tion to go to court without preparation. The district attorney taunted Col.
 Martin with enjoying the fortunate po- sition of defending both Lemon and the
 witness, and suggested that Lemon him.
 self be brought in.
 "I'm paid for appearing for her" re- plled Col. Martin, II was employed by
 Ben Crawford. The rest of the district attorney's time was taken up in a hot altercation with the commissioner. In giving his decision the commissioner
 did not question Justice Meyers au-
 thority, but believed that since he had
 admitted the dying declaration of Shean
 there was sufficient evidence to hold
 Lemon; he therefore discharged Mrs. i Shean. A curious thing about the case
 is that Lemon has not yet been bound over and 1t devoives upon Justice Meyers to say whether or not Shean's dying statement is sufficient evidence. This decision though summarily con
 cluded the preliminary examination
 As soon as it was announced the follow
 ing dialogue occurred
 District Attorney Lovell-Is the court adjourned7
 Commissioner Chalmers-It is ad- journed.
 , District Attorney Lovell-I knew
 what the decision WOuld be-