Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1899-08-20
THE NEWS OF
PRESCOTT

Prescott, ARR, Aug. Special
Correspondence of The Republican,
After quite a Iengtheced trial n the
district court the well known case CT
/ the territory vs.. William Schultz was
| las evening submitted 10 the jury ami
at this writing the jury is still Out
Icc1sidsring the evidence and proofs
pro and cen without having arrived at
verdict The case will be remem-
bered by many Of the residents OF
Prescott and vicinity as originally hay
/ ing been tried here as. The case Of the
I territory vs.. Paul Losily and William
( Schultz. jointly. fer the murder of o.
G. R W NcNary. The motive for the
murder Of McNary was 2 dispute over
mining claim which had been and
was ct the tine CT tie murder in Hti-
CATION in tbs distTius court. and
which is still pending. the ground be
ing Gained by both McNary ana
Losky ard his partner, Schultz. In
this suit to quiet title brought by PauI
L0sky against McNary, R. 2 Sloan
appeared for plaintiff and r. E Nor
rison. the then district attorney, ap-
pe2red TO- thu defendant. The suit
resulted in hung jury. Afterwards
on the goth day of January, 1895, Nc
Nary was found murdered out on the
Copper Basin road. within about
quarter OF 2 mile Ct the claim in dis
pute, and subsequently Lcsky and
Schultz were jOirtly indicted for the
murder upon proofs furnished the jury
at that time. The case was tried,
Judge Sloan defending and R. E. and
J. Z. Morrison prosecuting. at the next
term of court, June, 1896. At this
trial L0sl1y and Schultz were c01vtc"-
ed of murder and sentenced by Judge
Hawkins to BE- hanged The defendants
took the case TO the supreme court,
which sent it back for re-trial. Before
the re-tri2l was reached the terri
..oriaI Legislature had convened and
enacted a new murder law, repeating
the old. from which new l-w, as
everybody knows, was emitted the
saving clause that murders committed
prior 10 the passage of the act should
b tired under tie old law. That LETT
she defendants in the position that
they could not be tried for murder. as
by the repeal Of the old law theFe was
no law covering that crime. commit
ted prior 10 the passage Of the new
act. and they could only be tried IN
der the old law for manslaugE'-er, and
in the new trial which followed Losky
was released and the case against him
as accessory was dismissed as IN the
crime Of malslaughter under the law
there can be no accessory.
At this tine the German govern
ment beoame interested in the case
because OF Schulz having been an old
soldier and German subject and /
through its consul at San Francisco, /
though not. however, al international !
affair. Judge ". Il. Barnes o. Tucson /
was retained % defend. II was upon |
MS motion that the case against /
I1osky was dismissed. Upon this sr.al /
of the case Schultz Wss found guilty Of /
mansl3ughter and the case was again |
appealed to the supreme court CT the [
territory. and again reversed and re-
manded for new tTial, on account OF I
erroneous instructions given Jne jury. |
Now the case has again come up for
trial before Chief Justice Webster
Street, sitting for this district on &C
count OF .-he disqualification OF Judge
Il. z. Sloan, associate justice AID judge
of this district court, because of MS
with the case.
Judge Sloan expects 20 leave n tn
morning to enjoy a brief respite from
his official duties
Miss Jessie Smith will leave the city
this coming week, going 10 PhO51iX
and Tempe to fill position IS in
Of e!ocut.0n in the southern
normal
Miss T. N. Fleming. one of cur most
popular teachers, will also leave for
Phoenix N the course Of the next two
weeks 10 teach N one OF the schools
there. q couple &c miles out Of the city
proper. /.
Professor A. J. Matthews has just
about completed the revision Of and
additions to the instructions Of the
teachers concerning the courses OF !
study and methods tc be pursued that
will govern in the Prescott schools .
Turing the coming school year. which
document promises to be quite v0luml- 7
lous and embraces ell the prime pal
matters pertaining to the government .
md educ5tiOl of our children in l
thoroughly systematic and improved !
Crm
The afteIncon reception cf Ms.
Hugo Richards to some fifty Of Pres
otis society ladies today, promised
0 be very full CT the spice and nov
lily % chat women are credited with