Bisbee daily review., 1907-08-30


 have Rosario Emilio or die In the
 attempt to capture him" Thus spoke
 John W. owen, the sheriff of Lincoln
 county to your correspondent, when asked concerning the probability or
 this murderer ever being caught.
 Sheriff owen would give out no infor-
 nation as to what he knew of Emil
 Hos whereabouts, but he spoke with such confidence it is presumed he has
 some clue to his present hiding place.
 It is the general feeling in this com
 munity that Emilio had assistance
 in escaping from jail and without the
 aid of hs friends he would never have gotten very far away from the scene
 of his crime and confinement
 The crime for which this man was
 tried and convicted was one of the
 most brutal in the annals of this
 county. About the first of April. 1905,
 he followed woman by the name Of
 Antonio Corrillo Ce Mirabel, with whom he had been on intimate terms, as it was alleged for some months past, as she was leaving for Roswell, with her parents, and after overriding the wagon in which she was riding, persuaded her to go with him into
 draw in the mountains. a short dis tance from the road. What was the burden of their conversation therq will probably never be known, but a
 short time after leaving the main
 road. two shots rang out and the
 woman was a mangled and bleeding corpse shot to death by the man who i had betrayed her confidence. The weapon used was a 30-30 Winchester 1. and there were two shots fired into her body, one entering back of the | left ear. tearing the left portion of
 the head off, and the other through the heart. Emilio made no effort 10 conceal the body of the dead woman and was apprehended within 6 short
 space of time after the crime had been committed. He was taken to Lincoln
 under a heavy guard, as the news of the murder spread rapidly and public feeling was at fever heat. His pre- 1 liminary hearing was had immediate ly and he was placed in the jail of this county to await the action of the
 grand jury, the venires for which were at that time being served by | the officers. Within a week he had been indicted for the murder of the
 Mirabel woman and ten days later | was being tried on the charge before
 Judge Mann.
 At this term of court for this coun- | ty, Joseph F. Bonham, of Las Cruces. was the prosecuting officer, and in this case he was assisted by George W. Pritchard. the then attorney gen. | eral. George B. Barber of Lincoln, and Richmond P. Barnes, of Silver | City, were retained as the defendants counsel, the latter, however, not enter | ing the case until after the plea of not ! guilty had been entered by the defend ant and the defense outlined. This i was probably the eweakest defens ever put up in capital case, all the | circumstances considered. The de- | fendant claimed that the murdered woman had committed suicide, when every layman could readily see and understand that 1t would have been ] impossible for the woman to have | fired . second shot after either of the ] shots, which it was proven had been l fired. had taken effect The defense
 exhausted all preliminary motions
 upon technical grounds, seeking a continuance. bEt agas co.mpelled tRs go mo the csise. 10 Id5cSd a week and 1 the territory made such a strong casS that the jury was out but a few minu- tes, returning a verdict of guilty y4tf | murder in the first degree. The Zen l tence was passed by Judge Mann. fix ! ing the penalty at death, from which I Judgment an appeal was granted by l the lower court, the opinion being written by Judge Frank w. Parker and being one of the strongest this l juTist has handed down from the i bench of this territory.
 | Emilio was returned to the custody of the sheriff of this county and March
 22, 1907, was the day fixed for his death. The sheriff put a guard about | the jail, and with the assistance of a couple of local carpenters, erected the gallnws in the jail yard, made
 out his list of spectators, which was | approved by the court and everything
 was in readiness for carrying into ef- feet the mandates of the court.
 Just previous to the day on which
 Emilio was to pay the penalty for his crime, Governor Hagerman, after re-
 ceiving many petitions for clemency, granted a respite for short time. 1 Upon learning of this action on the part of the chief executive of the territory, Judge Mann had prepared
 and sent to Sheriff owen an order to
 take Emilio back to Santa Fe and there deliver him over to the warden
 of the penitentiary for safe keeping,