Arizona republican., 1906-10-09
FINAL CONTINGENT
 10 THE PENITENTIARY
The Development of Sensations al
 the Late Criminal Court Term.

Sheriff Tom Wills of Pinal county. passed through the city yesterday ac- companied by one of his deputies. Will liam Kellogg, and having in charge four prisoners who had been sentenced by Judge Kent for terms in the peni- tentiary at Yuma. The four eases. con stituted the entire criminal business for the term, each of the men indicted being convicted. The grand jury made its report on Friday to the court. and was discharged from further service. The sheriff with his prisoners left on last nights train for the south
 One of the prisoners was George Elm melt, who for a number of years con- ducted the Kelvin hotel at Kelvin He had been indicted for rape by the grand jury and to the charge entered a plea of guilty. His sentence was twenty years. Emmett is 42 years of age, and had up to the time of his ar rest borne an active part in the af- fairs of Kelvin. Living in his home were three step-daughters, one of the children a girl of 15 years of age. The testimony was highly sensational. and it was common talk in the town of Florence that much of the evidence was held from the jury on account of the children and the fact that the
 
 Emmett a sentence which he would hardly live out.
 Two of the prisoners, one a man named Tucker. and the second an In dian named Ygnacio Lopez, were sen tenced for one year each on charges of assault with a deadly weapon. Tuck CT had committed his crime at Dudley vile little over a year ago. The weapon he used was a six-shooter. The Indian used a knife and committed his crime at Red Rock. Each pleaded gull ty to the charge which had been lodged against him.
 The case of H. H. Courtney, the fourth of the quartet, Will be recalled by the readers of the Republican. He is a man who claims to be eighty-two years of age and on account of his ad- vanced years his sentence was made ten years. He was convicted of mur- der in the second degree. Courtney was night watchman at the Ray mine in Kelvin and one night while on duty shoB and killed Max Ebert who was the day watch. Ebert had gone to the mill for wood which Courtney claimed he had no right to. Some words fol- lowed the resistance of Courtney to allow Ebert to take the wood. during which the shot was fired which ended A@DGA | o AlAE. NsOuA Alltg NAdllIlGu EDeIl had made an attack on him with stick of wood and that he had fired in self defense.
 It was in connection with the hear ing of this case that a sensation was sprung which may result in further proceedings. NJ. -.-. Hickey, who is the justice of the peace. at Kelvin, was the committing magistrate ana had bound the prisoner over to await the action of the grand jury. When Courtney was brought into court Judge Kent asked him if he had a lawyer who would con- duct his defense The prisoner. replied that he had at-the tiu1e--Uf- his arrest given to Justice of the Peace Hickey S425 with which to secure him an at torney. That if it had not been done, he quite likely would have no defense, for the amount he had given was the sum total of his finances. Mir. Hickey who is also the deputy clerk of the district court, was present, and was at once called upon for an expla- nation by the court
 He replied that he had received the money and had secured for the pris- oner the services of A. c. Noland, who would conduct the defense MT. No land appeared and while he said he had been employed to act in the case, ---~ A-~ AAc@A JICAA buI 9tU anu llllS was. the total of the amount he had been paid by Hickey. Courtney at this pro- ceeding interposed an objection to be- ing defended by Noland, and the court suggested that MT. Noland should not act in the case. That he might have an opportunity to investigate the mat ter, he declared a recess and MT. Hicl- ey and the members of the bar were called into chambers.
 The entire matter was heard and a settlement was arranged by Hickey signing a note for the amount taken from Courtney, which was endorsed by several of Hickey's friends. Judge Kent then delivered to Hickey a re- buke for his actions in connection with the affair. It is understood that the matter even found it's way into the grand jury room and the indictment of Hickey was considered but later drop ped, after he had given the note in settlement. The note was later turned over to George J. Stoneman of Globe and he conducted Courtney's defense. Before leaving Florence, Stoneman made an effort to dispose of the note but failed to do so.
 Hickey is an appointee of Dan Stew ems, the clerk of the court, and has for several years been in the position he occupies. Stevens announced at Flor ence yesterday that he would revoke his appointment at once