Arizona republican., 1904-05-03
THE JURY POWDERS
No Agreement Last Night
 in Zapeda Case
It Was Submitted at Six O'clock After a Day of Argument - The Crowds Conjectures.

The Zapeda murder case, which has taken up a solid week of working days went to the jury yesterday evening at the close of a long days session. At midnight no verdict had been returned but it is thought that an agreement of some kind will be reached. The jury has . broad field in which to find com- promises, but at the same time the field is equally broad for the finding of causes for disagreement.
 As soon as the case was submitted. those who had been watching the pro- gress of the trial began to engage in interesting and profitless conjecture as to the verdict. Perhaps no one in the courtroom expected an aoauittal and also perhaps none believed that a verdict of murder n the first degre e would be found.
 The guessing was narrowed down to verdicts of manslaughter and murder in the second degree, with a large ma jority of the guessers taking the latter end.
 Tn the event the jury fails to finally agree. the case will be tried over again at once. The witnesses in the case, though they had apparently finished their duties last Saturday night, were not excused but were ordered to appear in court this morning.
 The members of the jury looked tired of the world and of each other when they were brought into court yes terday morning. Their association had been constant for seven days. In all that time they had hardly been per mitted to move out of sight of each Or Iox they were taken en masse; a barber shop was chartered and everybody else excluded. They had heard nothing ;n those seven days but Zapeda and his doings on March II, of this year They wondered how the war in the far east was coming on and if the congress of the United States had really adjourned finally as it intended to dO at the time of their immurement. Some of the members of the jury had not slept well in the close quarters to which they had been confined. They kept awake with difficulty during the arguments and it was not a sure thing that all of them kept awake at all.
 The instructions of the court were similar to instructions always given in murder cases. The jury was in formed that it might find one of four verdicts, murder in the first degree, murder in the second degree, man. slaughter. or not guilty
 The prosecution hesitated for some time about the manslaughter clause of the instructions. That might give soft hearted jurymeu a place to rest. On the other hand if it were not there it might be error. The defense had the same reasons for wanting it in that the territory might have for wanting it out. It was hardly possible that Zapeda could be able to escape scot free.
 The court room was crowded early in the session. The prisoner. his wife and six small children sat facing the jury and the widow of Mcdonald oc- cupied a seat near the entrance to the bar, contradictory objects of sym pathy.
 The case for the territory was open- ed by Assistant District Attorney BuI- lard, who dwelt wholly upon the first degree theory; if Zapeda was not guilty of murder in the first degree the jury could not consistently find him guilty of anything.
 MT. Bullard reviewed the testimony in q very able and logical manner in the course of an address of an hour. He laid stress upon the conversation of Zapeda before and after the shoot ing. which he said left no doubt of the reconciliation of Zapeda and of his malice.