Arizona republican., 1900-07-25

from his own gun and SnatchlhS ms brothers. fired twice. Moore was back of Constable Ainsworth, who was killed accidentally by a .shot. elther from Moore's gun or from Halderman $. The evidence did not show that Aims worth had participated in the hs.ht' TUT Moore in his dying statement 10 ls mother testified that he had fired four l shots: Halderman admitted he had fired four. and J. w. Wilson and his two daughters, the only witnesses for the territory, testified that altoge ther there were seven or eight shots. When the Haldermans saw that Ainsworth had been killed they fled. One of them was twnty and the other eighteen wears of age. Neither had a dollar and were strangers in an unfriendly land. Here was a representative of the law dead, and they feared the laws ven gcance. It was natural, that though innocent of his death, they should flee. MT. Hopkins next addressed himself to that part of the record containing the testimony of Wilson, who was shown to be a drunken and ignorant man who had contradicted himself seven times on cross-eXamination and who from his position could not have l se5 n what he pretended to describe, the firing of the first shot by Will Halder- man. MT. Hopkins alluded also to the | testimony of the younger daughter, ! Rena Wilson, who admitted on cross examination that her father had told her that she must not testify in favor os the Haldermans.
 Then the Texas attorney introduced l the startling affidavits of the Wilson girls. They were voluntary, he said, and were procured after they had written letters to friends of the Haldermans in Texas. saying they had sworn falsely at the trial and desired to right the wrong they had done.
 The affidavits of both were of the same import. They said that the first shot was fired toward the house. They did not see. but the inference was that it was fired by Moore, who had told them a few days before he intend- co to kill Will Haldermann on sight.
 After the killing they told their father. who said: You must not say so. I'm
 going to swear Will Halderman fired
 the first shot. You must swear the same or we won't have any friends in.
 this community" They furtheg testi- fled that they were close herdedi in the Cochise House at Tombstone during the
 trial surrounded by the friends of Moore, who threatened that if they did
 not support the testimony of their
 father they would be put into jail.
 Rena Wilson Caviness, since married,
 said she was no longer under the fear
 protection and influence of her father.
 Referring again to the record, MT.
 Hopkins showed that there was abso-
 lutely no proof that Thomas Halder-
 man had fired a shot. One of the Will
 son girls under the pressure of the
 prose cution had been forced to say: 1T
 think he did. but am not sure Yet
 he stands with a rope around his
 neck" said Mir. Hopkins. addressing
 MT. Akers, and without your inter-
 ference he will be hanged" Mr. Hop
 kins introduced one more affidavit af-
 fecting the trial. It was that of Jesse
 Billingsley. a cattleman, who swore
 that one of the jurors, Peter Havanan,
 had told him before he was sworn in
 that he wanted to get on the jury that
 he might hang the defendants.
 In closing. Mr. Hopkins presented
 the affidavit of Deputy Sheriff George
 Bravin of Cochise county, testifying to
 
 time of the escape of Alvord, Stiles and
 Bravo Juan. the train robbers, of their
 refusal to accompany the outlaws; of , the assistance they had rendered him,
 and the part they had taken in pre-
 venting the flight of other prisoners.
 There was another affidavit by Sheriff
 Scott White on the same subject clos
 ing with prayer that they might not . ! nd
 reasons"
 | T do not know, governor, whether it
 is proper tO introduce these latter af-
 fidavitS" said MT. Hopkins; they can have nothing to do with the crime or
 the trial. I think though, that they will show that these boys are not crim- inal. I believe I should have embraced
 the opportunity to escape but after all
 I am thankful they did not. Their re- sistance of that great temptation, for the supreme court had already affirmed the judgment of death. proved their abiding faith in their innocence and that some great power would yet save them"
 Mir. Hopkins concluded by reminding the acting governor that the Halder- mans had been tried and convicted only of the murder of Moore. The in- dictment for the murder of Ainsworth was still hanging over them. They } might yet be tried on that charge now : that popular inflammation had been all ' layed and the true facts of this unfor- tunate tragedy might thereby be
 brought out. MT. Hopkins presenta- l ton of his case was strong. It was at ? times dramatic. never excited, and all | ways earnest. His language was soft tened by d southern accent, and ! though it could never be forgotten that he was an eloquent pleader, he i'm l pressed one all the time rather as a ' special advocate sent by the state of
 Texas to ward off disgrace from poor ard humble family de3cenIad from a 5 pioneer of that great commonwealth ? Whatever may come of yesterday s : hearing. those who heard the plea will l have higher opinion of Texas. 3 MT. Hopkins was followed by Hon. , Mark A. Smith. MT. Smith has made many sDeecheS in this territory hut he