Bisbee daily review., 1906-07-29
KILLING ON
 STREETS OF THE CAPITAL
James MeCarthy Shoots to Death Man Who Would
 Assault Him.

John Flood was killed by James Mo Carthy on Washington street in Phoe- nix, on Thursday morning. The kill ing arose out oI the hatred which
 Flood had for Mccarthy, and his con
 tinued insults. Mccarthy was ad-
 judged to be justified in killing him. A letter received at the Review of fee yesterday morning gave the fol- lowing account of the killing of Flood
 by Mccarthy at Phoenix:
 Everybody who knew the circum- stances of the case exonerates Nc Carthy from ali blame.
 Flood has always been of very quarrelsome disposition, and has been in trouble more times than once.
 Floods trouble with Mccarthy arose from the manner in which Flood treat ed Mrs. Mccarthy when he rented a little store from them at Five Points. Flood seemed to take occasion to heap abuse on Mrs. Mccarthy every time she called for the rent. Mccarthy, who is of a very peaceable disposition, did not want to have any trouble with
 Flood, but he could not stand for the abuse given to his wife. He request ed Flood to leave the premises, and 1 this started Flood on his last outbreak. He was of a very vindictive disposi- | tion. and brooded over his being dis possessed. Flood was big, powerful man. and every time he passed Me
 Carthys place he would take occasion to abuse Mccarthy or his wife, relying
 on his superior strength to awe Nc Carthv into submission. Mccarthy stood the insults for considerable pc
 riod. but finally had Flood arrested.
 Flood was found guilty of assault and fined s25. This added to his hatred
 for Mccarthy, and shortly after he had
 ua;d the fine and been released, he be- gan again to aDuse Mccarthy. He had become more like maniac in his an-
 ger for Mccarthy than like a sane per | son. and some friends of hct ,artny
 advised him to keep out of Flood
 way. Not desiring to have an enconn- | ter with the man, Mccarthy would go
 a block to avoid Flood. He was sue
 cessful in evading him until yesterday
 morning. when he came down town.
 Mccarthy came down town yester- day morning and hitched his horse in front of Hans Herlick's saloon on Washington street, near Centre. Al ter making some purchases along there he returned to his buggy, and was just getting started when Flood drove up from the opposite direction, When Flood got within twenty feet of Mccarthy he jumped out of his bug gy and reached in the back. He had a club or something like one in his hand and started towards Mccarthy He began to call Mccarthy everything lin the calendar, and. when he Tad ap. | proached to within about fifteen feet 5McCarthy yelled at him to stop. This only made Flood the worse, and he had just taken two more steps when Me Carthy reached under the buggy seat and drew a. six-shooter He fired al Flood. but the first shot went wild. Three others followed in quick sue cession. and when the smoke cleared away Flood lay dead on the sidewalk.
 There had been / crowd of people at i tracted by Floods talk, and about fiji teen saw the killing Justice Bur nett came along, and Mccarthy gave himself up, saying that he had killed Flood in self-defense. Burnett turn ed him over 10 Undersheriff Billy Gun ningham, who sent him to the court house to see Sheriff Walker. When I Mccarthy had told Walker what had i happened, and the circumstances,
 Walker took the gun, and told McCar- thy to stay in the office while he look
 ed into the matter.
 | A coroner's Jury was collected and viewed the remains, but did not hold the inquest until this morning at $ l o'clock. They exonerated Mccarthy At the preliminary hearing Judge Baker tried to have Mccarthy held on
 a charge of manslaughter, but all the testimony went to show that Flood