Bisbee daily review., 1906-02-02
|AMERICANO ARE HELD Consul Mills Believes finstad and COugben-
 CT Guilty
 SCOUTS ROBBERY IDEAL Thinks Murder fin Chihuahua GrGW from Family
 Quarrel.


 the report of Consul ". W. Mills, o
 Chihuahua, an the result of the lat
 ter's investigation of the affair. Ir
 part the report, as given out by Bel
 says:
 | At Santa RoSalia I found Finstad
 and Coughener in jail charged with
 complicity in the killing of Rutherford and McMurray. The two prisoners had given their declarations before ! the judge who IS trying the case. and
 their statements were briefly, to the i following effect:
 That Finstad, McMurray, Cough. CT CT and Rutherford were at supper ! at the ranch when three or four Mex. jeans came and knocked at the door that McMurray opened the door and
 was immediately shot and killed; that other shots followed quickly, and that Rutherford was killed and Coughener as shot in the face; that Finstad escaped to the back yard and secreted himself under some hay; that the rob bers remained several hours in the
 Chihuahua, Mexicos Feb1.-O. E. Finstad and l.. G. Coughener, in prison at Santa RoSalia. this state, charged with the killing of their two friends, McMurray and Rutherford at Finstads Azebuches ranch last month, have been held for trial As there IS prac- tically no such thing as bail in such cases in this country, they will proba- ply have to remain in prison.
 So far as the evidence hes been made public, and it is all practically krown, the general opinion is that they will probably be acquitted. AS. to what steps Pat F. Garrett, who is managing the case for the prisoners, will take is not known. He makes no reservations in his expressions regard. ing their innocence and Mir. Garrett's ccnscientiousness, especially in such matters, gives his statements great weight among those who knew him well.
 According to Frank Bell. R. WI Rutherford, ST., the father of one of the Americans killed at Diaz, Mexico. house trying to open the iron safe: that they finally departed without any eooty; that FInstad in the morning ! went to Diaz station, 20 miles away. and gave the alarm. The testimony of the accused is to the effect that orly the four men mentioned were in or about the house at the time Of the attack.
 here is no other testimony or cir ,Lmstances which tend to prove ori 'rstam the robbery theory. but there are many things which have led me to that It is a fiction.
 F1rst-As soon as the news of the |; dlling came to Gov. Creel he, to my knowledge, used unusually energetic euorts to find and punish the murder ITS. In very short time he had many 'arties of 'Rurales' Estates troops) po- lcemen and skilful trailers securing he country in the vicinity of the anch, but no trace or trail of any trange &or sHt;Dicious parties have 'een found ,
 Second-The accused both state nat the robbers were in sole posses , ion or the house during several hours f the night There was a small mount of money in the pockets of whose body lay dead on [. tock of such general merchandise as usually kept at such small ranches, ontaining many articles which Mexi- ans greatly coyet, and yet nothing Fas taken away.
 fhird-It is improbable that three four Mexicans would go at such an cur when they might expect to find lily as many Americans awake and lerI and armed, to make such an at sck when there were so many other nd safer times and ways. to accom- fish the same object.
 Though public opinion is not aI- avs correct, state for what it is |. orth the fact that during the inyesti- ,' ation found only two persons. Amer 2 an or Mexican, who profess any faith II the roober theory, and they were oth enthusiastic friends of the Fin o ad family
 prominent lawyer of this city, z. ho had on my recommendation been = rpioyed to defend Finstad, accom- anied me to Santa Rosalia and nnadel investigation for his own purposes 10 came to the same conclusion that oid: that the four men quarreIedI "a fought, with the results stated A ,oyes He will defend Finstad on h, her grounds Ia Retecting the robber theory entire n , it does not follow that Ffnstad and to 'ughener gre guilty of murdering I e other two. because no one knows, dt probably ever will know, who were el e aggressors or who fired the fatal nn ofs. n< Inere is no reason to believe they nl II be inhumaneay treated or unfasrsy rf ed They are better treated than 2S Mexican prisoners at Santa Rosa. Ps