Arizona republican., 1911-07-04
Young Indian Falsely Accused
Released From Pen
SERVING LIFE SENTENCE
National Holiday Brings
Liberty to a Native Amer
lean Convicted of a Muir
der That He Did Not
Commit.

governor Sloan probably never
more willingly affixed his s,,natura
10 any document than when he signed
parole Yesterday. releasing from
me territorial prison Harry Jose an
Apache Indian. serving a lie santa,,Ca
IN Inc territorial penitentiarv r,r -
Niiile ne never committed. the Killing
OF Rex Chiquita, another trIhesn,n
near Globe sometime last yea,. -'bis
Is The latest incident in a story thar
began with the confession Of Fr,.nl,
owen IN Ninkelman abou, the mid
ule OF last June. To re effect that
Chlquita was kiilel bv Virgil Have.
IN defense Of the life Of owen ,),ven
VAS arrested and taken to GIob.. and
search began for Hayes. who was
located in Los .Ange:es ami arrested
apout two weeks aga.
owen and HAYES are two voune
men well known In Globe. and were
intimate friends. According to Owens
story, they had gone to town toge-
l1er from NEARBY camp and on the
wa" back they encountered Chioui:a
IT a railroad crossing, the Indian he
Ing drunk. The" engaged nm In con-
versation and quurr,.l devaIous6
cIIinS which the Indian assaulted
G'-'n ard it is cIlmneI would have
k''.'' him only L." the timely as
81; "nce of Hayes, who shot the In
d =n.
10 u ys were scIr"I - WAT had
been done, and fled To Winkelman.
owen wanted to tell the story. but
Hayes did not, and Owen felt il his
duty 10 protec. him. The circum-
stances Of the murder pointed so
strongly in the direction of Harry
Jose that he was arrested. tried and
convicted on circumstantial evidence.
though protesting his innocence.
Hayes in the meantime went 10 Cali
fornia. During the trial of Jose.
Owen wrote Sheriff Thompson that
an innocent man was being tried, but
the letter was not taken seriously. in
view Of the circumstance evidence
and the futher fact that the name Of
the man who did the shooting was
not revealed
When Owen wrote his confession to
the sheriff last month, il was still
gravely doubted It is SAID that Dis
trict Attorney Shute gave 50 little
cFtutuce To TIE matter IIldr ne re-
fused TO take action and that the
matter finally received Official recog-
niion through the activity of citizens.
who desired to see justice done, and
took up the case with Judge +. w
Lewis. Judge Lewis had presided n
the trial of Harry Jose and If an in
nocent man had been sent to the pen
itentiary he was as much concerned
as anybody in getting him out.
Judge Lewis sent to the sheriff s
office for the confession and ordered
an investigation, resulting as above
described II was proved to the sat
isfaction of those in authority that
Harry Jose was innocent of the crime
and thereupon began the project Of
getting him out of the penitentiary.
Here came another little nicely OF
the law Under it's provisions paroles
are granted only on the recomfnenda-
ton of the board Of control but that
body has no power in the case Of a
life sentence The situation was
overcome by Governor Sloan commut-
ing the sentence of Harry Jose to
fifty years. whereupon the board OF
control recommended the parole which
was granted yesterday.
Another bit of color is added to
the episode by the fact that after
going TO Los Angeles. Hayes was
Joined by a Miss Rogers of Miami
and they were recently married.