Arizona republican., 1904-06-18

basin country. w. w. Berry. the fath- CT of one of the victims, was moving a large flock of sheep through the country. Berry himself was in the upper Gila valley at the time, an1 the sheep were in charge of his son and a sheepherder by the name of Santiago Vigil, the father of the other vict m. The Booths owned a goat ranch in thlt vicinity. The shooting tok rlace early in the morning at camp that had been established by the sheep men the night before. The shots were heard by the father of Vigil who was at some dis tance from the camp. which. on account of the lay of the land, he was unable to see. But soon after he heard the shots he saw two men whom he recog- niZed as Zach Booth and his brother, John. riding away from the camp. A little later he found the dead bodies of his son ard young Berry.
 The Booths were arrested some days later and were taken before Justice J. o. Mill of Flyson. by wh; m they were held to the gran3 jury. At the preliminary hear ing Zach Booth admitted the double killing. but he said he had done it in self defense. He said that he and his brother went to the camp to remon- strate with Berry for stopping in the neighborhood of the goat ranch with his sheep. He said that the young man was abusive and threatening, and fin- ally drew his gun and fired. He showed where the ball, which he said narrowly missed him. went into the cantle of his saddle. He said he fired two shots at Berry. who fell dead. By this time he said the Mexican boy was making a hostile demonstration and he was also shot and killed. Booth said that his brother took no part in the shooting. This story was found 10 be inconsi t. ent with the circumstances as we'll as with n statement by Booth at the time of his arrest, when he denied having been in the nelghborhood. In that state ment he told the foolish lie that he had just returned from California, where he first heard of the killing.
 The circumstances about the camp showed that the Mexican boy had been shot in the back while running from the camp, and the body of Berry was found lying across the campfire. Berry was evidently eating breakfast when he was shot, for there was food in his mouth.
 The Booths were taken to Globe. Af- ter Zack Booth had been there a few days it was reported that his friends were planning a rescue and the sheriff obtained an order iron: Judge Kent for his removal to Phoenix for safekeeping. He was brought here on January and kect until two weeks ago. wh=n he was taken back to Globe at the opening of the court.
 The evidence against him seemed to be strong enough, but it was said that the territory had some stil stronger which was being held for the trial. The father of the Mexican boy employed Henry O. Robertson, of Gila county, to assist in the prosecution and the Gila county authorities employed Judge A. c. Baker also to represent the terri tory and actively conduct the prosecu- ton.
 During his stay in the jail of th.s county, Booth pretended to believe that he would not be convicted. On the night he left he told the deputies that he did not think he would be indicted. Ills record did not give him a great deal of assistance. He had served a term in the penitentiary for cattle stealing and was regarded in the neighborhood in which he lived as an all round bal man. but lacking courage.
 While he was confined in the Phoe- nix jail he had his long hair cut and sent to Yuma, where 1t was made up into watch guards by the noto rious King Ussery. One of these guards was sent to the deputies of the sheriff's of- flee. It has been attached to a chan delier along with the noosa which stopped the breath of one of the God 6ard muderers.
 At the time of the removal of Booth from Globe to Phoenix, a statement was put in circulation that the cattle men of Gila county were arrayed on the side of Booth because he had killed shcepman. That was indignantly de- nied by representatives of the cattle interest, who said that the cattl! men of that part of the country had always been law abiding ard beside hac no present quarrel with the sheepmen. They pointed out, too, that Booth was not a cattleman, though he had been cattle thief. It was further seid tfat the cattle men desired to see him pun ished not only for the murder, but al- so for trying to make it appear that he