Bisbee daily review., 1905-04-02
MURDERER IS IN JAIL

Continued From First Page.) hobos who might wander in and at- tempt to start fires in some of the empty cars under his care. Sudden ly, at about 2:3O in the morning, he caught fleeting glimpse of figure darting from behind a nearby car and making down the track through the swirling snow. Finnerty started af- ter the man, calling to him to stop. The fellow ran the faster. So did Finnerty Suddenly :he fleeing fig ure stopped and whirled upon the Of ficer. The latter felt the muzzle of a revolver poked against his stomach. Instantly he struck the gun down. and grappling with his man threw him to the ground. Handcuffs click l ed on the wrists of the prisoner Fin inerty picked up the gun, routed the lprostrate man onto his feet and set off for Lowell jail. That the officer was alive to carry out this program is marvel in view of the desperate man who had got the drop on him. Not until Finnertv arrived at Lowell did he get a good look at his man and observe that he was a negro. Then ! he compared the description of the fellow with that given out of Upshan. There was no comparison between the two. That was where the description was faulty. Finnerty. however, had the Upshan idea in mind. and it would not shake He kept a close watch on his prisoner. First thing in the morning he had him before Judge Ho- gan, who gave him 25 days in jail for carrying a gun. Then the officer telephoned to town. Officers Doyle and White. the latter having returned from Benson on the morning train, went down to Lowell Then Up shan was brought back to this city. The minute he found that he was to be brought here, the negro gave un- mistakable evidences of nervousness.
 At the branch county jail. in cell No G, the first attack on the negro was made. IT came without warning, and struck him through and through His black face went ashy, and his knees shook beneath him. 1t came with the sudden order from Officer Doyle for the man to take off his underclothing and pass it to the officers With fne gers that trembled, the negro slowly complied. The undershirt came first, bespattered with blood stains. Then came the drawers, likewise be spattered.
 What did you kill that girl for?" abruptly asked the officer as the man passed over the clothing. Upshan said no word in response His eyes lowered sullenly, and his lips drew to- gether.
 Had you been quarreling?" pursued the officer
 We had lot of spats," was the tell tale answer that this brought Upshan has been questioned no fur ther and probably will not. be previous to his arraignment before Justice Mur- phy which will occur tomorrow after noon at 3 o'clock.
 His identity as the man who was living with the Smith girl has been established. He has also been fdent- flied by his former employer. The description given to- the coroner of Upshan was that, of a full faced, me dium dark negro with a moustache. The real Upshan is black negro, eH 'eaded, smooth shayen, and with that is apeish in inc extreme. Tn '7derclothing taken from Up, shan, and now in the possession Of the coroner. substantiates the theory arrived at in the beginning, that the man went to the room of the girl, un-
 dressed in order to protect his outside
 clothing from the gushing life blood,
 and then. as he made to get into the
 bed. cut the throat of tho helpless
 woman. After this he secured her
 money, dressed and came down town.
 This must have been about II o'clock.
 He remained about until 12,. when he
 doubtless struck out on foot and reach ed Lewis Sii:c::;; . ss probably SSo::;;;s :ha ! latter part of the distance on freight It was the theory of Officer White that
 Upshan would strike out for the Southern Pacific track, and by keep ing near it make his way to Tucson, where a large negro population would aid him to conceal his identity. The officer made Benson Wednesday night and Tucson Thursday night, searching that city thoroughly He came back to Benson Friday, satisfied that the ne gro had started in the opposite direc- ton, in which surmise he was right, though he did not know the cause
 Had he not arrived in Benson too late Friday evening to catch the train he would have been at Osborne that night to start search toward Fl Paso, where he had concluded Upshan had deter mined to make for.