Arizona republican., 1901-11-10
MCDONALD ACQUITTED.
If Was Ali Done in a Very
 Few Minutes
The Last Day of the Trial Given Over to Oratory, Generally of High Grade - The Verdict Was Not Unexpected.

George Mcdonald on trial for the murder Of F. P. Gardner. train watch man of Ringing Bros. circus, on the morning of September A. was last night found not guilty of murder or of any lesser degree of homicide.
 The verdict was not surprising. though there was a preponderance of opinion among those who had watched the jury day by day, that it would fail to agree. That opinion was not based on the evidence, but was one of those indennable impressions which spectators at a murder trial sometimes gain.
 The verdict was reached very quick ly. The case was not submitted until after half-past four o'clock. and less than half an hour later the word went out that the jury was ready to report. That was as much as to say that the defendant had been acquitted, for no one had expected a verdict of guilty. Judge Street, the officers of the court and the attorneys for the territory were in the court room at half-past five when the jury was brought in. The tees of the members gave another in- dication that the verdict would be fla vorable to the defendant, for they made it plain that the finding com bined no bad news.
 Expectation, therefore. was not shocked when Foreman Hill arose and announced that the defendant was not guilty. Court was adjourned soon thereafter and the defendant met the iurymen as they came out of the box and thanked them for their considera- ton Of the case. and then he became the subject of congratulation by his friends. There were not many spec rators il the court room when the verdict was announced. for it had not been expected so soon and the time was the regular dinner hour. The re- suit was arrived at on the first ballot The jury was thanked by the court for it's attention to the case. and Foreman Hill. on Ne half of the jury. thanked the judge for his courtesy during the trial and the baliffs for their attention There was a prevalence of the utmost good feeling. The jurymen as soon as they were released hurried away froin the scene of their long confinement One of them. J. E. Stovail had be come particularly restive. for he had just been married before he was sum- noned to sit in this case. and feared | that his wife would begin an action against him for divorce on the ground of abandonment.
 The case was resumed in the morn ing with the delivery of the instruc- ! tions to the jury. They were very elaborate and covered the many per plexing features of the case. among which were the questions of reason able doubt and the defendants right to be where he was in the capacity Of an officer when Gardner was killed. The argument was opened for the territory by Judge Kibbey in q very | severe attack upon the defendant and l the witnesses for the defense. The i characters of Martin, Ewing and Num- | bers were unmercifully assailed and ! they were declared to be unworthy of f belief The testimony of the defendant. himself. said Judge Kibbey. was to be regarded with the greatest suspicion on account of the great interest he must have in the issue.
 Judge Kibbey was followed by George P. Bullard for the defense in what | has been pronounced not only the | grea test effort of his life, but one, of | the most eloquent speeches ever made | at murder trial in this county. It was not only a very eloquent address.
 but was very logical one. and it 1 could be plainly seen that the jury was
 profoundly impressed. It contained a personal attack on Judge Kibbey, but | the witnesses for the territory were ! lightly dealt with. The next speaker was Deputy District Attorney w. P. | RicharCSon who, in an address of IT | hour, confined himself to q most care ] full review of the testimony and the 1 discrediting of that of the witnesses | for the defense. He was followed by l Captain J. L. B. Alexander in a very | strong speech. in which he went over | not only all of the testimony but made an earnest appeal for the liberty of his
 client. assuring the jury that it was
 based wholly on the justice of his cause.
 | The arguments were closed by Dis | trict Attorney Edwards. His address did not cover more than three-quarters
 of an hour. but it was quite succinct
 well arranged and was altogether as l strong a presentation of the territory s case as possible. The oratory. taken 1 in a lump, was of a much higher order
 than is usually heard in murder trials
 The case was submitted and the jury | retired.
 The only other matter in the court
 was the sentencing of Juan Flores. the | 14-year-old Yaqui boy. who had been
 convicted of manslaughter for the
 killing of Angel Moloque. seven miles
 south of Tempe at a Yaqui settlement
 early in the fall. He was given five
 years. In passing sentence the court
 said he had been influenced by the
 prisoners age-fourteen-to make the
 sentence light At nineteen, when he
 would be hope that he might yet be-
 come Q useful man.
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