Bisbee daily review., 1904-05-07

Tucson. May e.-The trial of Burt Noftz for the murder Of l.. O. Milless in Cochise county, was finished Thurs day.
 The jury returned a verdict after being out nine hours, of manslaughter. The deienaant, who had worn an air oI confidence and unconeern du,ins the progress of the triel was yislbly concerned by the verdict. His eyes hlied up with tears and his chin fell 1onn James, the alleged principal in the crime, whose trial was progressing at the time the verdict was renoered, left his seat by his counsel and went to the side of his partner, Noftz, and whispered something to him. The at torneys Tor the deIense were very much surprised at the verdict and said they could only explain it on the theory that il was a compromised verdict. They say the case will be carried to the supreme court, where they are con fident of making a winning. There ap- peared to be general surprise among ali who attended the trial and listened to the evidence from the beginning, as the case appeared to be one which called either for an acquital or the in fiction Of the severest penalty, as the crime was admittedly one of 1he most cold-blooded in the anals of Ari- xona's criminal record.
 Unguestionably the thing that brought about Noftz' conviction was his written statement. One of the jurymen remarked after the verdict was given that it was that signed statement that convicted Noftz. A large number of ballots were taken and it appeared for a time that the jury was hopelessly hung. as there seemed to be so many varied opinions Of the degree of guilt. Some jurors stood for guilty of murder in the first degree, others for second degree, and a number for acquittal. As a com promise it was finally agreed to bring In manslaughter verdict. Under the Statute the punishment is from one to ten years in the territorial prison.
 Before the case was submitted 10 the jury the argument was opened for the territory by Special Counsel Neal, who made a strong and able
 
 the territory ant it's consistency with the theory advanced that Noftz and James committed the crime alleged. He argued forcibly that the statement of NOftZ made in the Cananea jail was true and the admission of a guilty man. He maintained that no man who s1as innocent would sign a document that would place him in the shadow Of the gallows. Frank Doan followed for the defense. He made a long argument upon the evidence intro duced by the prosecution. He insinu- ated many times that the men who in reality had committed the crime for which Noftz was on trial was witness Asche and said that he answered the description of the tall, sim man, who did the shooting that ended in the death of Milless and that Officer Jen- ning5 tallied with the small heavy set man, who shot Barkeeper Scflhidt. He laid another particular stress upon the great interest taken by Asche in going Has in jail, that James had made a full confession regarding the hold-up and killing and that he, Noftz, had s.e.ter sign a statement or else it sTould go hard with him, when in fact James had not made any confession or statement concerning the killing of Milless, except that he knew nothing about it. Judge Lowell followed. for Ehe defense. It was conceded by those Hho were present that the judge made one Sf the strongest and most scath- SnS arguments heard in the court for many years. Each witness for the territory, and especially Officer Jen- nighs and Asche came in for share of the judges best samples of a law yers privilege. The judge charged chem unqualifiedly with perjury and seeking to swear away the lives of the defendants in order to shield GheHselves. He styled the alleged ad- emission of Noftz as forgery inasmuch as tho interlineation constituting that crat of the statement which was writ Gen 0o the margin of the paper which Esas the only part of the statement that discriminating to Noftz or James. He aasd that Noftz told the truth when he said that he had not put in the inter- fineation which appeared to be in a different handwriting and a different shade of ink. but that it was un- doubtedly added by the two disinter- e.sted gentlemen, who had made the frip to Cananea and paid all their ex- tenses and who pretended to be friends cf Noftz, and who admitted that they Cad got the statement in order to make it easier for Noftz to get out of fAe trouble. He said that men who would resort to the tactics that Asche Lad in securing this statement from Noftz were capable of doing anything in the category of crime. The closing argument by the territory was made hy District At>orney Dale. who pre- scented his side of the case in his usual forcibie manner and his argument no coubt had a telling effect upon the i1ry as witnessed by the verdict. MT. Dale delivered one of the best argu- rnents since his occupancy in the dis s-iet attorneys office.