The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-08-31
How an Arizona MagiS-
trate Fined and Freed
MurdererS.
Acted as Judge and Jury in
All Cases and Pocketed
the Proceeds.
Incidents In the Career OF the Man
Recently Slain by RanCher
Greene.

PHOENIX, ARIz., Aug. 30.-A stormy
life 1t was that ended last month when
old Jim" Burnett was killed in Tom b.
stone by William Greene "a life full of
experiences of the border kind, that would
supply material for twenty of the most
thrilling of yellow backed novels. The
end was in keeping with the career. Bur-
nett, Justice of the Peace in Pearce
Camp. had left his work in order to go
down on the San Pedro River fifty miles
away, and blow out, with giant powder,
the irrigating canal dam of his enemy,
Greene. Below at the time, probably Tn
known to Burnett, were two young girls
daughter of Greene, aged IS, and her
friend from Bisbee. They were caught in
the flood that followed the explosion and
were drowned. The father learned Of the
presence of his foe, saddled his horse, rode
over to Tom bstone, found Burnett on the
main street and shot him down. The
town stood behind Greene in his deed.
He has been admitted to light bail, and
will probably be acquitted if ever brought
to trial.
Since Burnett's decease many are the
tales being raked up about him. His was
singular personality. Strong wiiled and
violent in temper. he especially shone in a
frontier camp. It was, therefore, quite
appropriate that he should have been
elected Justice of the Peace in 1881 of
Charlie ston, on the San Pedro, where the
rich ores of Tom bstone camp were at that
time milled.
Charleston was then a bowling camp,
full of freighters. miners and the woolliest
of cowboys. The whisky sold wasn't of
the mildest brand, and, consequently,
frIh II lot n
and the Justices Court was always open.
Burnett did a rushing business. At the
end of three months he duly reported, as
by law required, to the County Super
visors, sending his bill for the amount due
him from the county. The county fathers
cut the bill down by about one-half. Bur-
nett swore vigorously when he got the re-
turns, but held no further communication
with the county seat. Another three
months elapsing, the County Treasurer
wrote Burnett to furnish his quarterly
statement. The reply came promptly. 1t
was:
ITO blazes with you! This court after
this will be self-sustainlng."
And so il was in great shape. Every
time cowboy would get exhilarated ard
shoot up the town the Judge would fine
him several hundred dollars and would
pocket what remained after paying his
constables for the arrest.
One day old man Schwartz got excited
and killed a man. After the Justice, as
ex-otficio Coroner. had finished the In
quest, he had Schwartz halea before the
bar, found him guilty of the crime and
fined him $1,000. Schwartz wanted to APP
peal the case, but Burnett would issue no
papers on appeal. So the defendant sent
up TO Tombstone for Attorney Mark
Smith, now delegate to Congress from
Arizona. Smith came down at once and
heard Schwartz's tale of woe. 1t Was
clear case of murder.
PAY the money, you asst" the lawyer
self somewhere down in Mexico"
Schwartz paid and skipped, and the
case was never again heard of in court.
But the county never received any of
that coin. Those who figured on the
proposition said that Burnett came out
$22, 900 ahead on his Office in two years.