Arizona republican., 1900-09-22

ging hole into which he fell to death
 dragged one man with him and leaving
 two others hanging by a thread. There is an affidavit from Henry Caviness. 1 husband of one of the Wilson girls, one of the three wit
 nesses of the shooting and who
 had previously made affidavit that her
 testimony at the trial of the Halde-
 mans was false and was offered in fear
 of her father J. w. Wilson.
 Other new amdavlts were those of
 Mrs. Axtell Kolp of Los Angeles, and i Mrs. Adamson of Tombstone. These af- | fidavits support those of the two Wilson | girls in the statement that they testified 1 against the Haldemans under threats.
 Mrs. AdamsOn was the proprietOress of a hotel al Tombstone where the Wilson's stopped during the trial and where Mrs. ! AXtell Kolp. a clerk in the office of the recorder of Cochise county. also lodged. In addition to these affidavits there was filed a petition signed by 125 citi- zens of Pima and Cochise county pray ing for executive clemency. There are besides, letters from several lawyers who reviewed the case and find that it is so clouded with doubt that further investigation ought to be given it be- fore the sentence of death Is executed. Mir. Hopkins occupied an hour and half in the presentation of his appeal for clemency. His address differed from that at the former hearing only by his reference to matter contained in the new afffdavits. He removed one impress sion, however, that had existed since the other hearing that some of the af- fidavits. particularly those of the Will
 son sisters, had been considered by the supreme court of the territory, which had, nevertheless, affirmed the judg ment. It was true that some of the matter contained in these affidavits had been offered but not in such a shape that the court could properly consider it.
 In the beginning MT. Hopkins said that he had understood that the at tOrney general had some affidavits. He
 desired that they might be offered be- fore the arguments were begun. MT.
 Ainsworth replied that he had no affi- davits but three letters from promin- ent citizens of Cochise county describ- ing how the affidavits in favor of the applicants had been obtained. He also had a statement from every member of
 the trial jury as to his qualifications to act. MT. Hopkins then proceeded upon a very earnest speech, in which nothing
 was unsaid that might benefit his eli ents. He was interrupted now and then by observations from MT. Ainsworth directing his attention to the record. MT. Hopkins always replied courteous ly, thanking MT. Ainsworth for the cor rection.
 Colonel Wilson followed MT. Hop kins. He devoted himself to the law phases of the case and said the goVer nor could with propriety enter into matters upon which the courts had al
 ready passed, and might with greater propriety do so since the subject had since been illuminated by the light of | newer and better testimony.
 The subject of the trial of the Halde
 mans for the murder of Constable Ainsworth. in the event of a cOmmuta-
 tion of their sentence to life imprisOn-
 ment was brought up. Colonel Wilson
 said he had no doubt they could be brought to trial. Mir. Hopkins said he knew they could and recited a Texas case in which plea that the defend ant was being placed in jeopardy the | second time was set aside.
 MT. Ainsworth said he believed there
 
 be tried for the second murder but he did not think that the people of Co.,
 chse county would enter upon the trial | with great enthusiasm if a cOmmuta- | ton were granted in this case.
 l $. A. D. Upton of Tombstone succeed
 ed Colonel Wilson. MT. Upton was one
 of the attorneys for the Haldemans at
 the trial. He described the bitter and
 universal prejudice in Cochise county
 against them, making it absolutely inn | possible to secure a fair trial for them
 at the time they were forced to trial. MT. Upton said he was appointed to
 the defense by the court. He entered | upon it with great reluctance, princi- I pdlly for the reason that Constable
 AinswOrth was a dear friend of his. l After he had severed his connection with the case he was asked to procure
 the affidavits which it had been under l stood had been voluntarily offered. He l did so and was prepared to say that | every one had been honestly obtained
 without resort in any case to improper | influence. He spoke especially of the
 affidavit of Henry Billingsley, who l swOre that Pete Haviland, one of the | jurors, had told him that he wanted to
 get on the jury; that he would starVe
 rather than to bring in q verdict in-
 vOlvinS anything less than the hanging l of the defendants. Haviland, MT. Up-
 ton said, was an honest man in his or
 dinary dealings. but in this ase he had
 been overcome by the bloody prs judice
 which had pervadcd all Cochise county.
 MT. Upton took occasion to resent in-
 sinua-ions by the attorney general re- gardinE the manner in which he had | procured the anidavits. There were no l other arguments. MT Ainsworth said
 he had an engagement at half past
 four He would leave the three letters
 and the statements of the trial jurors
 with the governor and would return 1 this morning.
 Governor Murphy was asked when he ] would likely reach q decision. He re-