Tombstone epitaph., 1907-12-15
Doings In the
 District Court
MONDAY, DECEMBER g

The attention of the district court sas taken up this morning in the trial of the case of the Territory vs ] D Lee. charged with the murder of ack Davis at Lowell, on the 9th of November of last year. Consider able time was taken up in the empan elment of the jury, many being dis qualified because of conscientious scruples against the infiiction of the l death penalty. After the case Of the | pros, cution was put in the attorney for the defendant, George Nesle asked the court 10 have the jury dismissed for short tune during which he wished 10 argue s motion to the court. he attorney then asked the court to instruct the jury to bring in verdict of not guilty on the grounds that the prosecution had failed tc establish the connection of the defend- ant with the crime with which he had been charged The court granted the motion and ;he jury was instructed to bring in verdict of not guilty. The case thus coming to S sudden end created much surprise. Several oi the witnesses it is claimed had lapse oi memory since they gave tn 1T evidence before the grand jury at the April term of the district court.
 The trial jurors were excused until tomorrow, when the Dee Thomas case will be called.
 Ip tho case of Grant vs Grant, s de cree was granted to the plaintiff or the grounds of desertion and non. support
 In the case of W. R. Turvey for d. vorce. after the examination oi sew era! witnesses the court denied th, petition.
 Willie Gibbs, youth, was exam ined on & charge of ineorrigibility and after an inves. .igation of the css
 he was ordered committed to the In dustrisl School.
 Joseph Csrpens ofTombstone, Tho' Dickson of Bisbee and Frank Baue of Douglas were granted their fina , naturalization papers in the Unite
 States side of the court.
 TUESDAY. DECEMBER II
 The attention of the district cour ] was taken up this morning in the em : panelment of the jury in the case (
 c. D. Thomas, who is charged wit the murder of his brother, Sutherlan l Thomas, in Bizbeea few months sine : Considerable difficulty was expe
 rienced in getting the necessary nun
 Der of twenty-nine to fill the pane
 and it was not until the regular ve 5 nire and two specials of ten each hs ] been exhausted were the neeessar l, number of tslismen accepted
 Upon the passing of the drst iurC by tine prosecution and the examini tion begun by Attorney George NesI ' for the defense, was disclosed prot
 able defense of temporary inssnit.
 Of the sixty-nine jurors that were Q,
 smined this morning twenty-five ( , them had formed or expressed an UT ] qualified opinion as to the guilt ( , innocence of the defendant and ei
 excused. Fourteen, when aske whether or not they would acquit th 7 defendant if it vas proven to theI , that the defendant was te-porsril
 insane at the time killing was com , mitted, replied that they could no as they did not believe in the plea (
 temporary insanity One other talis
 man was excused on account of tn
 long acquaintance that he had wit the defendant and his father. Aite
 the peremptory challenges had beei exercised the following were sworn il
 to try the case:
 A L Arron y ' Fl. by
 Tony Kyle Al Godfrey
 Al Hoagland Wm Roberts
 Leon Scounce John Peterson
 Jack Hefi-y Jos Cummings
 Jos Strinke- Steve Henkle | The empaneling of the jury took uI the entire forenoon and the first wit. ness was Lot called until after the noon recess
 The testimony was submitted this