Bisbee daily review. [volume] (Bisbee, Ariz.) 1901-1971, 1908-02-29
ROSERTHAL
FOUND GUILTY
Of OFFENCE
Man Charged With Unnatural
Crime Is Tried BY a Jury In
Justice Hogan's Court Be-
hind Closed Doors.

The case of Territory of Arizona
vs.. Louis Rosenthal, in which in
decent exposure on the part of the
defendant was charged, was tried be-
fore a jury yesterday in Justice Ho-
CAMS court behind closed doors, and
resulted in the rendering of yer.
dict of guilty one hour and a half
after the case had been submitted.
The court stated that judgment would
be passed this afternoon at O'Clock,
and the defense gave notice that
motion would be filed to set aside
the verdict on the ground that after
being chosen one of the jurymen had
been allowed to separate from the
others.
On account of the nature of the
offense, which was alleged to have
been committed on last Monday
night in the plaza at the junction of
Brewery and Railroad avenues at
about o'clock in the evening, the
justice thought it advisable TO have
the hearing behind closed doors. This
order was carried out, only the jury
men, attorneys, officers and newspa-
per men being allowed to hear the
testimony. However, throughout the
entire course of the trial a crowd or
from rs to 100 was gathered at all
times around the building.
The nature of the testimony was
so revolving that it is impossible TO
give any idea of it in print, ana II
is doubtful If there is another in
stance in the annals of crime in the
territory where the evidence of the
prosecution tended to Snow such dis
gushing and contemplate actions on
the part Of a defendant. Not only
was evidence in regard to the par
ticular offense on which the defend
ant was being tried given, but sew
eral other instances wherein it was
testified he had committed the same
offense during the past four weeks
were brought to the attention of the
jury after a stubborn and bitter fight
on the part Of the opposing counsel.
Other married women were placed
on the stand and testified to having
been grossly insulted by the defend
ant in the same manner.
Mrs. Banco, Mrs. Terzise, Mrs.
Subtitle and John Banco, the husbandn
of the complaining witnesses were
the witnesses for the prosecution,
a1d after their evidence had been
submitted the territory rested its
case, ....
The defense made a motion to dis
miss for lack of evidence, which was
overruled.
The complaining witness testified
that she had been subjected to tn-
same indignity by the defendant on
last Saturday evening, preceding
Monday evening, when he was arrest
ed. The entire plan of the defense
seemed to be to attack her credibility
in this regard by proving an alibi on
that particularsocc
Several witnesses were introduced
for this purpose, it being the object
to prove that on last Saturday eve
ming the defendant was In the store,
where he is employed.
With the exception of the roommate
of the defendant, A. ]. Hepner, the
evidence as to Rosenthal's where
abouts on that night between and
s o'clock was not of positive nature.
On cross-examination Hepner con-
tradicted himself IN regard to the
time he went to supper on that eve
ming, first saying that he went at 8
O'Clock, and laer saying that ne went
alone at O'Clock. Evidence as to
the previous general reputation of the
defendant to prove that it was good
was then submitted.
An adjournment was had for sup
per, and the opposing counsel then
summed up the case, Assistant Dis
trict Attorney Taylor opening and
closing for the prosecution and At
torneys Stricken and Bennett for the
defense.
The case was given to the jury at
8 O'Clock and at 1890 o'clock the
foreman reported that a verdict of
guilty had been found. The defense
Immediately gave notice of fling a
motion this morning at IL o'clock to
set aside the verdict. If the motion
is over-ruied sentence will be passed
at o'clock this afternoon.
No case tried in a justice court in
this city ever aroused the bitter pub
lie sentiment evident yesterday. AT
first those who heard of the matter
considered 1t unbelievable, but as
the testimony unfolded itself yester-
day, with respectable married women
subiecting themselves to the awful
ordeal of being questioned in regard
to the alleged occurrences, the bit
terest of sentiments were heard on
all sides. At one point in the cross
examination Of Mrs. Sutliffe by the
defense, it seemed as If feeling in.
the court room had reached the dan
int fcfey
nately passed over.
Last evening while the jury was
celebrating the officers kept close
watch on the defendant, fearing that
violence might be done him