Arizona republican., 1908-11-27
SECOND DEGREE MURDER
Jury Never With a Thought of Acquittal, Agreed on a
 Verdict at Four O'clock Yesterday Morning After an all Night Consideration.

hC Jul III Niit Nelo1 Ol otos't h. Pearce yesterday morning found him guilty of murder in the second degree for the killing of Ossian NJ Button on the night of October 25 at the home of the wife of the victim, 909 East Jef- fersOn street
 The jury wrestled with the question all night and the verdict was not agreed upon until four o'clock yester- day morning. As soon as Judge Kent could be communicated with he was informed that the jury had reached a
 verdict and at the usual hour, half past nine o'clock, the court was open ed and the jury was brought in.
 The news had quickly spread about town and the court room was well fill
 ed. The prisoner sat by his counsel, no more nervous than he had been throughout the long ordeal. When the
 verdict was read by the clerk, he be-
 trayed no sign of emotion. leaning for
 ward with his head resting on his hand. the attitude which he had main- tained mostly during the trial.
 When the verdict had been announc- ed the court stated tfat sentence would be imposed in one from yesterday. The jury was discharged and the friends of the defendant gathered at the bar to condole with him. Then he gave way. Tears forced themselves and it was with the greatest difficulty that he could repress sObs.
 Judge Baker spoke with him briefly after the reading of the verdict and the prisoner was again led below. The usual motion for a new trial will be made and if that should be denied an appeal will be taken.
 It is understood that there was at no time after the consideration of the case was begun by the jury a single vote for acquittaI. the members differ ing only as to the degree of crime that had been committed. The sentence may be to serve a term of ten years in the penitentiary or it may be to serve for life.
 There was hardly a hope from the beginning that the defendant could escape conviction of homicide in some degree. The majority prediction was that it would be manslaughter but as the trial proceeded and the damaging evidence of the prosecution was un- folded. this prediction veered to mur- der in the second degree. There was at no time a probability that he would be convicted of a capital crime.
 The next serious thing for the de- fendant after firing the fatal shot was the finding of that revolver under the sofa in Mrs. Buttons house From the beginning it handicapped the defense. No one man m ten believed that it was Buttons revolver or that it was there until the morning after the kill ing Even if it could not have been proved that it was not there at that time it would still have served to cast doubt on the whole scheme of defense and to work prejudice against the defendant.
 The fatal step in the defense was taken before Judge had been retained but it having been taken it could not be easily abandoned. In the nature | of things the defendant himself could 1 not have been party to it for no one could have communicated intention of such a project to him while he was in jail that night.
 It is thought that if the defense had | relied on the plain truth things might l have turned out differently: that at 1 the most there would have been a yer | dict of manslaughter. There might ] have been a hung jury or even a yer dict of accuittal.
 There is little doubt that the killing | actually took place in this manner: | Button had started to leave the house | as the testimony showed. His return | was provoked by a taunt from his | wife. according to the testimony of | Burnett Inside the house he made | just such an assault upon his wife as | she had described. There was just | such interference by the defendant as | was testified to at the inquest and | Button did just what Mrs. Button told | the officers he did, on the night of the | killing He turned upon Pearce saying l If you butt into this I'll give you | some af the same" and immediately | proceeded to do it.
 He grappled with him and being | though small. athletic and of a fight | ing disposition. he was getting the bet | ter of the defendant when the latter | lost his head and drew his weapon. | Button was pressing against him and | crowding him backward. Before the | gun could be put into position it was | discharged and that is when Button | received the harmless wound. the bull | let entering the abdomen on the left | side and passing under the skin. came | out at the right. The next shot was | fired when the muzzle of the gun was | pressing against Buttons side under | the left arn In both case powder | had burned through the clothing of | Button to the skin,
 The other bullet, found embedded in | the floor probably preceded the one | which entered the abdomen and was |