Bisbee daily review., 1911-11-26
HE BISBEE MASSACRE
tcontinued rom Page D

in box car and safely landed him, along with his brutal companions, in the Tombstone jail. In the short space of about two weeks after the crime had been committed, the five were in confinement awaiting the out, come of the awful deed they had com. hmitted
 John Heith, of whom We made men. ton in connection with the Hardy store building, accompanied the posse headed by Bill Daniels into the Sul. phur Springs Valley. Heith tried in every way to lead Daniels sstray r Daniels proposed to follow a road. Heith would want to go another and soon they found themselves off the trail and the start was a failure. This made Daniels and the rest look with suspicion on MT. Heith Frank Buck les coming to Bisbee, saw Heith and recognizing him as one of the gang along with Delsney and the others at bis ranch, in all probability the one who had planned the bold-up. HeiJh was arrested on suspicion and held with the other five for the action of the grand jury.
 Court Proceedings.
 In open court. D. H. Pinney presid ing.
 December 2Ist iS3 it was ordered that a special venire be issued for tWenty-three grand jurors to report on Monday, February 4th, 1884; also that special veniro for 50 trial jurors be issued to report on Tuesday, Feb ruary 7th, 1884, to serve during the November term of the year 1883. Feb NsL l. 4H. presiding judge, Ben Goodrich. cour, commissioner, opened and adjourned court to February ;, 1884 February sth 1884 court epoaed. D. II. Pinney presiding, court opened at D. m. The sheriff reported the following named persons were summoned to act as special grand jury and were present to be sworn in 10 perform their duty: J. W. Stewart. J. E. Ayers, O. Q. Me Clure, D. R. Drew, J. R. Fryer. l.. Larrieu. John Hill, J. S. Merrill, George w. Bryant. C. s. Finch. 4. A. Mccall lister. W. II. Ramsey. J. J. Bulhs, L. r. UptCn, D. kinuear, NJ. II. Smith J. H. Wall, l. J. Howard, A. Jordan w. S Davis. D. II. Smith. $. M Clark, C A Kitterly, John Hill and J. $. Mer Till were excused.
 The following named persons were brought into court 10 answer before inc grand jury John Heith, w. E Sample. Dan DOwad, D. Kelley, J. Howard. William Delaney. The court appointed lawyers Ton Drum and ". II. Savage to take charge Oi the cases of D. Kelley, W. B. Sample, J. How ard, Dan Dowed and William Delaney in the grand jury room.
 William Herring, counsel for John Heithi took exceptions to the organi- cation Of the special grand jury on the grounds the November term of he court adjourned on the lst Mon day in February.
 Tom Drum and W. Ii. Savage, on behalf of the defendants Kelley, sam ple, Howard, Dowed and Delaney, challenged the grand jury on the ground of bias of Sheriil. J. l.. Ward. The objections and challenge were overrulled by the courL T. Buiiis was appointed foreman Of tEe grand iUry. After the foreman aud sraud jgTy had been sworn the court gave ;hem then instructions
 Thursday, February l, 1881, the tri8i jurors reported as summoned and were duly sworn in to try all cases brought before them. The court or Cered another special venire of forty I4Nt Gnt AAADi E lD bs GAiAtA-AUAAEA aA-Ht to report immediately. The grand july made a partial report, indicting Dan Dowed, " B. sample, whose true name is Owen ". Sample, D. Kellsy J. Howard. w. Delaney and JOnn Heith of thE crime Of muIdering Q. Tom Smith. The court then appointed as counsel for the defendants Drum aud Price for Kelley and sample, Williams and Stanford for Howard and Bowed: Herring and Southern for Delaney Col Herring, attorney Tor Delaney and Heith requested that they be tried separately.
 Defendants Plead
 February Sth, 1884 the defendants were brought into court to make their plea. Each of the defendants pleaded not guilt Col Herring wai.ed his re- quest of separate trial for Delaney. The following named jurors were chos- eu and sworn to try the defendants Daw Dowed, owen W. Sample, J. How ard, D. Kelley and William Delaney on the charge of murder, as indicted J. $. Merrill, Vim. Ross, J. Clifford, Z. L. Moore, V. l.. Aemp. y. C. Reed. A. |, Shook Herman Nelish, J. Bins ham, T. P. Teal, G. W. Loton and J. D. Cumming. The following named witnesses were sworn and examined on the part Of the Territory: w. A-t Daniels, Joseph GOldwator, Richard Eundle and ". Myers. The court took recess. After recess the court resumed the hearing of evidence. The following named witnesses were sworn and eN- anined on behalf of the Territory Inbon Psrdu. II. M. Horton, J. l.. Ward. James Mcdonald, l.. D. Lock wood. Patrick McCanu and w. VI. Bush. after which the court took re- cess to Monday. February l1th, 16sL Court opened with all the officers and itiry present, and tine examination Of witnesses on the part of the Territory troceeded with The following named