Bisbee daily review., 1906-07-26


 Yesterday afternoon at o'clock the case of he Territory vs. Martin Fit ing came up for trial by jury. The jury found Biting guilty. but recon. mendsd him to the mercy of the court.
 After short time spent in select ing the jury the trial proceeded. The complaining witness. Henry Brockel- man, was the first witness for tie Territory. He testified that on arriy- ing in the city from Cananea he had hired Martin Biting to haul his trunk to the Grand Hotel on Main street. He said further that at the time he hired Biting he told him 10 take the trunk to room 42, and insisted that he told EitiRg that the room was upstairs and paid him fifty cents. He then went on to say that when he arrived at the house, Biting had taken the trunk upstairs and told him that there would be charge of twenty-five cents fer carrying it up. This Brockelman said he refused to pay. and said that Fitting started 10 take the trunk down stairs again. After this, he said, the altercation took place, in which he sustained the injuries of which he showed signs. He stated chat he did not hit Fitting. This closed the prose cution.
 The first witness for the defense was Mrs Howard. who was in the house at the time the trouble took place She stated that it had been customary to charge seyenty-five cents to take a trunk to the floor on which room 42 was located. She testified that she could see Biting and Brock elman until they had reached the first GOT. She said that Fitting had a hold of one end of the trunk and Brockel- man had hold of the other end. She also stated that Fitting did not hit Brockelman while she could see them.
 The next witness for the defense was Roy Jones. porter at the Club saloon. He stated that he saw the two men tugging at the trunk wken they came out of the doorway of the Grand Hotel and that Biting, when he reached the street let go of the trunk and start towards his wagon. He stated that then Brockelman grabbed hold of Fitting, and after they tuss- led for a while Fitting was thrown down. He said that Fitting then struck Brockelman, but he saw no brass kEuckles used.
 Fitting then took the stand in his own defense. He testified that he had agreed to haul the trunk to rfs tfrar q Hotel for fifty cents. buI said that he did not agree to carry il up the sta1rs for that price. He said that when he arrived at the house a wonl- an told him that room 42 was on the top ooor and that he carried the trunk upstairs. When BrockeIman came aiong Fitting stated that he told Eim there would be a charge Of twenty five cents for carrying the trunk up- stairs. This he said Brockelman re fused to pay. ..-..
 Biting went on to say that he then started to take the trunk downstairs. but that Brockelman had a hold of the other end and a tuggfng match ersued in which he was successful be- cause he had the down pull. He said that there were no blows struck by either party until they reached the street.
 He testified that when they reached the street Brockelman grabbed hold of him and throwing him to the ground fell on top Of him. He said that Brockelman then reached for a stone, and that he then hit Brockelman a number Of times. When asked by 4 juror if he had used brass knuckels. Fitting denied that he had. and show ed the jury his fist. The skin was tern from the knuckles.
 The case then went to the jury and after remaining out about twenty minutes they found Fitting guilty of simple assault. but recommended him to the mercy of the court. Sentence will be passed this moraing at 10 o'clock.
 The penalty for simple assault is not more thar three hundred dollars fine and not more than three months in jail.