The border vidette., 1903-07-25

ned that Mat Burts, Billy Stiles, and Downing should commit the crime, while Alvord, as in the other case, was to aid iii the preparations and shield them after the commission of the rob bery. Downing would not take any active part, however, so Mayhew was taken into the gang, and it was plan ned to commit the robbery at Benson Downing went on one occasion with Billy Stiles to Benson while the latter looked the ground over and obtained what information he could as to the movements of the trains and the time when the most treasure would proba- ply be carried. Later Stiles, Burts and Mayhew did start out for Benson to hold up the train, but Mayhew and Burts weakened and nothing was done. Alvord was very much disgusted with this and kept after Burts to redeem himself by earring out hold-up some where. Mayhew dropped out and did not take any further part. Finally it was decided to have the hold-up occur at Cochise, and all preparations were made to this end. Alvord went to California and either sent back or brought back with him the canvas that was used in making the sacks the booty was afterwards carried off in. Powder and fuse were secured by breaking into a ranch house, but the caps were not obtained until the very day before the hold-up, when Stiles went out with Alvord on a trip the latter was making in his official capa- city as Deputy Sheriff, and the caps secured on this trip.
 After the hold-up had been success fully carried through the plunder was all brought in these canvas sacks to Alvord's house, and there divided, with the exception of the Mexican money, which Alvord afterwards claimed Downing had gotten away with with out dividing with his pals. The watches and jewelry were also divided, and Downing testified that Alvord put some of the watches and jewelry in tin can and went toward the chicken house with the intention of burying it there.
 A Mexican witness followed, who testified that some time after the hold up he was cleaning out Alvord's chicken bouse and dug up a tin can containing watches and jewelry.
 Geo. Bravin testified in regard to the iail- break in which Stiles released Alvord and others from the Tombstone jail in April, 1900. and Capt. Moss man Hill testified to Alvord's being a fugitive from justice for some time after this.
 The prosecution then closed and the case went over to Friday morning. At that time Alvord himself went on the stand and denied any knowledge of the hold-up or any conpliclty in it, and explained his escape from jail by saying that Stiles told him that the rest of the gang were going to swear against him and railroad him into the penitentiary, and for that reason he escaped.
 The case was given to the jury just before noon, after being argued at length by the attorneys on both sides. Friday evening the jury came in for further instructsons as to whether they could believe the testimony of convicts, and the instructions were read to them by Judge Doan, and were give to them to take with them. This morning the jury sent communication to the judge saying that they could not possible agree because two of the jury absolute ly refused to accept the testimony of convicts. The jury were called in and on finding this to be the case, they were excused, after an intima tion from the court that the instructions fully covered this point, and that no juror would be justified iR absolutely refus- ing to accept or consider the testimony of convicts iR as much as the court would not have allowed it to go to them if 1t was not to be considered by them. The final ball ,t was ten to two in favor of conviction, but the two absolutely refused to come over, or even to talk the case over. Soon after the discharge of the jury it was rumored on the streets that the two jurors who held out against conviction were: J. w. James and James Fitzgerald, and that Fitzgerald had said that he would not take the evidence of convicts, whether so instructed by the court or not, and that James said that he did not know what the convicts were getting for their testimony and he would therefore re- fuse to consider it. It was also stated but the statement could not be verified, that these two stated that they would never convict a man of robbing the $. F. or Wells Fargo, and that if they had known that most of the testimony would be that of convicts they would not have sat on the jury. Also that they didn't believe that they intended