Bisbee daily review., 1906-05-19
hOFTz' PARDON Douglas Friends and Relatives Trying to Get Bisbee Man
 Out of Pen.
.SHATTUcK WORKS
 \ .5a3ta FOB. HIS RELEASE.
]. D. sMaggarellr of Douglas, Takes Matter Up With Gov ernor Kibbey and Hopes to Get Noftz Out of Prison.

With the pardon of Bert .yortz, which his Douglas friends and rela. tives are now hoping they can se- cure, one of the most celebrated cases in the history of Bisbee crime is like ly to come to an end.
 Douglas relatives of Noftz state that they now have proof positive that he had absolutely nothing to do with the hold-up of the Shattuck saloon at Bisbye, August IS, 1903, nor with the killing of C. O. Miless on that occa- sion.
 "I. c. Shattuck himself has written to Noftz to tell him that he now knows that he (Noftz) had nothing to do with it, and that he will do as much 10 get him out as he did to get hlm in," asserts J. D. Maggarell, who is a resident of Douglas.
 MT. Shattuck told him to come to Bisbee the minute he gets his pardon and that any reparation that can be made he will gladly offer.
 For many weeks the officers have believed themselves to be on the trail of the man who did do the shooting and they have been waiting to have a "SD O1 SluChIc "ONCA oeoiAoS the other man before pushing the par don of Noftz." .r........ -
 It is understood that an official of the penitentiary is interested in Noftz and believes him to be innocent. This official is said to have gone so far as to urge the Governor to take the matter up at once. Governor Kibbey has advised NofIz to lese no time in securing the proper recommenda- tons of pardon and to get up a record of the case, as he can take no steps in it until it is formally and legally presented to himself and the board of pardons. r...- -. Noftz has now served more than two years of his sentence and has three years more to serve. He is now 27 years of age. He Is reported to be an exemplary prisoner and being a carpenter and uphoIsterer the prison authorities allow him to work about his trade at Yuma. He never fails to report to the penitentiary at night.
 While in iail at Cananea, Noftz signed some sort of confession" his attorney claims, but we had no trouble in proving that it was given under duress and it was set aside. It would have been set aside in the Su- preme Court if Noftz had been able 10 carry the matter up, but the poor fellow didn't have a dollar to fight the case. It will cost something now Q get his application for pardon in shane, but 1 don't think there is any doubt about his being innocent and being able to prove 1t. I have been as rhn in a position to know that the man who really did the work is now known, if only the evidence against him can be gathered. NCftz really was in Naco the night of the killing, having left Bisbce four hours before the hold-up tool. place.
 'Noftz was with James. If Noftz was guilty of being an accomDhce, then James must have been the other men and the murderer. Yet James was acquitted and was awarded dol lar damages for the terrible torture to which he was submitted I have never heard of a case where officers Cr attorneys went to such extremes. They chained him to the stone floor, they shut out the light and the air and they put soap in his tea. He told ?othing. for he had nothing to tell, and then they went with a set story to poor Nofiz and declared that Jer7es had made a confession.
 NO ore knows what they did to force Noftz to sign what he did, but we have means of knowing now that '-~ftz was innocent and it will be a akar1e if he is not able to bring his petition before the Governor in for nal and legal manner"