Arizona republican., 1905-03-31

ject H. w. McDonnold sent something more than S1.000 to his brothers at tOTney with the understanding that if 1. could not assure the release of his brother it should be returned to the sender. This arrangement was con srmated on July 13 of last year. This trust fund was dissipated in a manner contrary to the understanding and Thomas was indicted, convicted and sentenced to the penitentiary. He was admitted to bail pending a hearing of his case on appeal.
 The appeal was based on several al- legged erro~s one of which was that the Indictment was defective in that it did not allege that he was an agent at the time of the alleged improper con- vcl sion of the fund which was alleged 10 have taken place on Oct. of last year That view was sustained by the court and new trial was ordered. The thing now IS to find Thomas and in form him of the favorable action in his case He was last heard of in southern California some weeks ago.
 BOOTH MUST HANG.
 The case which has attracted tho most widespread interest is that of Zack Booth convicted in the district court Of Gila county of murder and sentenced to be hanged. Booth and his brother John Booth were indicted Tor t!-e murder of a young man by the name of Berry the son of a wealthy sheep owner and a Mexican sheep herder. They were tried together fot' the killing of young Berry. Zack Booth in his testimony admitted the killing of both Berry and the Mexican but he said he did # in self defense. He swore that his brother was not with him at the time and had no part in ii. The jury acquitted John Booth and found his brother guilty. John Booth was subsequently, indicted for the mur- der Of tho Mexican but his trial has been postponed from time to time and is stin pending.
 Soon after tl,e arrest of Zack Booth he was brought to the jail of this cOur- ty for safe keeping. He has been moved back and forth between Phoenix and Globe to and from his trial and he is now here.
 An appeal was taken on a single fact. an interpretation of the law regarding the manner of the selection of the trial jury As has been stated the brothers V ere tried together and it was the theory of the defense that each of the l defendants should be allowed ten per- emptory challenges The court decid- ed otherwise giving them both together ten challenges The supreme court yesterday sustained the ruling of the l trial judge and affirmed the judgment. Booth was much cast down when he ] learned of the action of. the court but | he said he had hardly expected any other opinion. He added that for him 1 self be did not care: he was not afraid to die but he had had a slender hope that for the sake of his mother the ruling might be different.
 The time for his execution has long l passed. He will be ordered back to l Globe to be resentenced.
 ARMSTRONG IS FREE. ! Another case which by reason of the prominence Of the appellant and by the further reason that the evidence had been brought together by the Ari- zona Rangers had attracted a great deal of attention throughout the ter ritory was that of w. T. Armstrong for a long time sheriff of Gila county convicted in the district ! court of Pinal county of cattle steal ing and sentenced to the penitentiary !! where he spent about four months be- fore being admitted to bail pending action on his appeal.
 Armstrong had been previously tried for the unlawful branding of cattle be- longing to the Indians of the San Car los reservation and was acquitted at a trial of the case in the court of this district. Soon after that he was ar rested for stealing cattle in Pinal coun- ty, the evidence in this case being fur nished by members of the Arizona Rangers who led been active against him in the former case. He was con- victed and an appeal was taken on the ground that the judgment was wholly unsupported by any evidence. The court yesterday reversed the Judgment of the trial court, ordered Armstrong discharged and his bond exonerated. TWO HOMlCIDES.
 There were two other cases of which a great deal has been heard. One was that of Fred Hicklin under sentence of twenty years in the penitentiary for the killing of Jud Mullino in Yavapai county last summer and the other that of Jerry Sheehy for the killing of his friend Richard Harrison in Santa Cruz county. Sheehy was also convicted and is now in Yuma
 HicBlin and his sister Florence Hick- lin were both indicted for the killing of Mullino who had been the lover of Miss Hlcklin and with whom Hicklin had no acquaintance. The trial of the case perhaps did not bring out all the facts but it appears from the evidence that on the morning of the killing Miss 14icklln at the breakfast table said that 1 Muliipo had insulted her in the course of q walk the day before. Soon after breakfast looking out of the window she saw Mul!ino and two other men approaching on horse back and told her brother who armed himself with 2 Winchester and shot Mullino from his kcrsc. In his testimony he said that ] Ia1riDU tha oI1u i'm his hand he called to Nullino and asked him why he had :nsnlted his sister. Mullino made nc reply hut threw his hand behind him Then Hicklin fired. This plea of sell defense was disregarded, the court yesterday holding properly so.
 Among the grounds on which the ap- peal in the Sheehy case was based was the admission by the trial court of a } statement by Harrison after the shoot ing which he called attention to the fact that he was not armed wher