Weekly Arizona journal-miner., 1908-08-19
SEEKING PARDON
FOR TWO FOUL
CRIMES
CFrom Fridays Daily)

trH pcultentiarv at Yuma on mur
der .harges or manslaughter, one serv
inc a lie sentence and the other with
fifteen months of five year sentence
20 bis credit, are now making the
strongest pleas for liberty in the his
to-y of that institution. The case Of
Ezra Barnes, who was convicted Of the
murder Of his partner, Harry Hanna,
in lsgs. which has been before every
governor Of the territory since then al
the request Of Barnes, recently reached
the president. Attorney John o.
Wall. Of the department Of justice at
Wa.h.ugton is now here investigating
the ease at the instigation of President
Roosevelt
In bis petition for liberty 10 the
president, Barnes alleges many gross
irregularities connected with his ar.
rect. trial and conviction. He charges
,ha, be was arrested in the state Of
Washington, the arresting officer hav
INK 10 warrant, and that he was not
informed Of the crime Of which he was
later convicted until several days after
his incarceration in the county jail
here He claims that the brother Of
Hanna, for whose murder he was con.
vcted, was present at his trial and en-.
ter,ained counsel for the defense and
prosecution as well as the jury that re.
turned verdict against him in "a.
looms Of the city at night while the
trial was still in progress. Another
charge he presses is that his attorney,
John Collins, was insane at the time Of
the trial.
The shorthand notes taken at the
trail have been forwarded TO Attorney
Richard Stockton to be typewriter.
Stockton was official court reporter
here at the trial.
Barnes and Hanna were partners
cutting wood Immediately north Of the
city limits when botn mysteriously dis
appeared. Eleven months later the
skeleton Of Hanna was found under.
heath pile Of brush with bullet hole
in the back Of the skull ad the side Of
theskull crushed in. An inquest was
held and the body identified as that Of
Hanna Inquiry by the sherin's Office
revealed the fact that Barnes had been
seen leaving here driving a team own
ed by Hanna. Sheriff Ruffner traced
Barnes as far north as Flagstaff, learn
ing that Barnes was a veteran Of the
civil war and drawing a pension.
George Ruffner, who was at that time
sheriff, located the suspected man a.
a logging camp in the state of Wash
ington near the Canadian border. An
Indictment charging Barnes with muir
der was returned by the grand jury
here and warrant issued for his ar.
rest
Sheriff Ruffner left here with the
warrant and the necessary requisition
for the extradition Of Barnes from
that state. He surprised Barnes in the
logging camp and the latter surrender
ed without a struggle. He agreed TO
return without the usual extradition
Proceedings. When arraigned in cour.
he pleaded not guilty and engaged At
torney John Collins, then leading
criminal lawyer here, to defend him.
Attorney Reese M. Ling, who was dis
trlct attorney at the time, succeeded
IN getting a verdict of guilty against
Barnes, the jury recommending the
penalty az imprisonment for life.
Barnes did not appear in mis- own de
Tense on the witness stand although
he now claims in his petitions for lib
erty that the body found was not that
OF Hanna and that Hanna left here IN
company with man named Ogles
Another peculiar circumstance connect
ed with the case is that no subpoena
was asked for Ogles at the trial by the
defense. Neither did the defense ask
for new trial for Barnes, although
District Attorney Ling Mt the time
stated that he was anxious for another
uial, as he believed Barnes guilty OF
the foul murder of his partner, Hanna,
and was confident that the death pen
atty would be imposed at second
trial.
Barnes has enlisted the sympathy of
members Of the Grand Army of the
Republic Wherever possible. He has
appealed to the commander in chief to
intereede for him with the president,
and has also written former officers of
the commands in which he served in
the civil war asking for their good Of
hces in his case.
As many Of the charges he prefers
IN his pretition for pardon or clemency