Weekly Arizona journal-miner. [volume] (Prescott, Ariz.) 1903-1908, 1904-07-13

plea of insanity in his defense his at
torneys answered in the affirmative
and the defendant was again placed
on the stand to testify as to his in
sanity. In his testimony be probably
convinced himself that he wss really
insane when he fred the fatal shot as
be stated that son the evening of the
shooting l was very nervous When
the shot was fired something seemed
to be pulling on tn. back of my head.
My nerves we're very much affected.
OF course a signglular feature of
this testimony is after becoming sane
again after killing a man, he should
have such a vivid and minute recol-
lections of his actions and feelings
while the spell of insanity had him
10 its grip.
The father and mother of the de-
fendant we're called to testify TO their
sons mental arrangement and DR.. Nc
Nally and a sister from Mercy hos
pital testified 20 Hicklin having been
treated at the hospital for injuries
sustained by falling down a shaft at
Iron King.
After the defense had finished its
| insanity testimony the prosecution
/ introduced a number of witnesses in
rebuttal. Frank Rail and Frank Ar
mour who were with Mullino at the
time of the shooting saw no symptoms
of insanity in his actions.
W. j. Shaw, who appeared on the
scene shortly after Muilino was
shot said that Hicklin, instead of be-
ing agitated or excited, acted in such
a cool manner that he thought it was
some other man who had shot Null
limo. He said he acted perfectly self
possessed and cool.
One of the most damaging witnesses
against Hicklin,- particularly as to the
story told by Florence Hicklin, was
Eva Marksbury, with whom Florence
Ricklin spent the night on which the
alleged assault was committed by
Hicklin.
Witness stated that she was looking
out of the window when Mullino and
Florence came up together about 10
O'Clock. She did not notice snything
unusual in the actions of either or in
any disarrangement of FIorence's
clothing. Florence remained with her
all night and the two slept together.
After retiring Florence told witness
of the conversation that had taken
place between her snd Mullino dur
ing their walk, but said nothing of
the alleged attempt at outrage. Miss
Marksbury also said that she was with
in $50 steps of where Mullino and
Florence were when Florence claimed
she was assaulted, but that she did
not hear any screams or noise of any
kind. She said that sthe night was
still, and that there was no noise
around them anywhere that would
drown sound. She had known Mullino
about two months.
The cross examination by defend
ants attorney failed to shake her tes-
timony in the least.
The introduction of testimony was
concluded on Friday evening and
argument of the case was had on Sat
urday.
The case was given to the jury
about $3.50 Saturday afternoon, and
their verdict was rendered on Sunday
morning about 10 o'clock, the verdict
being guilty of murder in the second
degree, with a recommendation to the
court for mercy.
The penalty for this crime is i'm.
prisonment in the penItentisry from
ten years to life. While a great many
consider the verdict a very light oGs
for the cold blooded assassination Of
a young man it is endorsed by others.
The law firm of Hawkins, Ross and
Anderson certainly are to be conrgatu.
, lated on saving the neck of theil
client.