Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1903-04-10

]. D. Houck of Cave Creek about 4:3o
o'clock yesterday morning shot ana
killed Francisco Padilla on Car street,
between Jackson and Cleveland streets,
in the Murphy addition to Phoenix y
few minutes before Mr.. Houck had
dubbed Jose Maria Montoya over the
head with his revolver, and in the ac
cidental discharge of the weapon a
bullet tore its way through the side Of
the mans face, coming out toward the
back of the neck. Mr.. Houck reported
at once at the sheriff's Office, saying H.
had shot Padilla, he believed fatally.
He was placed under arrest. Before
night a coroner's jury had carefully in
Quired into the case and rendered i
verdict of justifiable killing in self-de-
fense. When the verdict was an
nounced many friends OF Mr.. HoucR
gave an involuntary cheer and crowded
around to congratulate him.
Mr.. Houck is one of the largest
sheep raisers in the country and whose
enterprises have made the Cave Creek
settlement quite an important point
He had a band of sheep in the stock
yards of the NJ. & p. railroad and 4
number of employees camped nearby.
He had arranged to ship the sheep yes
terday and was himself stopping up
town. He arose early yesterday morn
ing, and about 4 o'clock started for TIE
stockyards to begin loading
All night long Francisco Padilla ana
Jose Maria Montoya had been drinking
and making merry with others at the
depot saloon. Constable Gonzales had
been watching them, and fearing the
celebration would end in a row he
finally prevailed upon the saloonkeeDer
to close his place. He did so about I
o'clock and the men, who live in Muir
phys addition, started home. Accord
ing to the story OF Montoya, himself
and Padilla, both considerably intox:-
Gated, formed a plan to secrete them
selves beside the Phoenix and Eastern
railroad track for the purpose OF
throwing missiles at a, third friend
whom they thought was fdNowing them.
Mr. Houck came along the track and
Padilla, thinking he was the country
man they were waiting for, threw Il
missile at him. Mr.. Houck called to
them to desist, saying he was peace
officer, which he is, being appointed for
would therefore declare them under ar
rest When first assaulted he had re
piled by firing two shots from his re
voIver, neither having effect except II
frighten Padilla into a retreat and
Montoya into submission.
Houck and Montoya proceeded in the
direction of the formers camp for
some distance, when Montoya became
recalcitrant and tried to break away
Houck dubbed him with his gun, which
was accidentally discharged, the bullet
entering one side of his face and COM
ing out toward the back of the neck.
Montoya then submitted fully, saying
he would go anywhere he was wanted
to, and they proceeded to Houck $
camp. He got one of his men named
Sandoval to help him and started for
the sheriff's Office. They had reached
a point on or near Car street, between
Cleveland and Jackson, when Padilla
appeared at the roadside, and levelline
a double -barreled shotgun at Mr..
Houck ordered him to release his priS-
oner. The prisoner, Montoya, seeing
his opportunity, took to his heels with
Sandoval after him. Sandoval followed
him till Montoya entered his own house
and Just at that time he heard a shot
from the direction of where he had
left Padilla and HOuck. He hurried
back there, but by the time he arrived
Padilla was dead. another man named
Salcido having found him in the road
being attracted by the shot
OF the killing Mr.. Houck is the only
witness. His story is that when Padllla
leveled his gun he. Houck, began scuf-
fling with him, or sparring to gain an
advantage in the situation. He FINALLY
got close enough to reach the end OF
the shotgun, and with his left arm
threw it up, at the same time firing his
own revolver at Padilla's side. Houck's
bullet, a 45-caliber, went through Pa
dilla's heart. came out of his right si6e