Bisbee daily review., 1913-09-24
M 'CARTNEY SET
 FREE BY COUNTY
District Attorney in Effect
 Upholds Man on Grounds of Self Defense in Killing at Douglas-Narious Causes

DOUGLAS, Sept. Following is the very remarkable statement made >by County Attorney Gilmore in the murder case of L. b. Mccartney to. day in justice court:
 IT lt please the court after exam. ming all the testimony in this case aES taking into consideration the re. suit of private investigation, | find this; MT Mccartney has been a resi-. dent of Douglas for some. considerable time, that he bears a good reputation as law abiding citizen in the com munity, stands well with the business people in town, and so far as l have been able to learn. he has never been in any trouble of this sort before.
 The man killed was evidently. from his actions and from the facts proven here this afternoon, anything but law-abiding citizen In fact. he was guilty of a felony committed last Friday night. and from his threaten ing manner in Mir. McCartney's store cn Saturday evening. was evidently a desperate character.
 "Dougias has suffered considerably n the last few months from just such people, not altogether Mexicans, am sorry to say, and the community $ certainly well tired of that sort of thing.
 There is nothing in the theory that AlcCartney sought to arrest thi s man for committing a felony, as he would have a right to do under the statute. The only theory or which his action could be justified would be that he was acting in self defense. A man has a right 10 defend himself from a murderous assault or from an assault with intent to do serious bodily in. jury, if he acts according to the light that he has at the time the assault is made. Ii he is in fear of his life or in fear of serious bodily injury, ne has a right to take human life, even though he may be mistaken, if he is honestly mistaken, as to the danger in which he thinks himself at the time the assault is made.
 "I think perhaps there is a bare technical case against Mr. Mccartney hut l seriously question whether he would he convicted if We were to try every week for the next forty years and in view of all the facts and cir cumstances of this case, I move that the defendant be discharged and tha. his bond be eXODerated.'
 Mccartney Dismissed
 The above remarks and motion were made yesterday afternoon Dy County Attorney Gilmore at the close Cf the preliminary hearing Of L. D, Mccartney, charged with murder m the killing of Arturo MuTietta, the Mexican who was shot by Mccartney Saturday night.
 And no sooner had the statement and motion been made than Judge Maclay sustained the motion and dis charged Mr. Mccartney from custody
 There was great interest in the hearing. the court room being crowd ed. The evidence, however. did not change the published facts, but that given by Mccartney himself created a great deal of interest. He told the same story as did others who knew the facts, stating that at no time did he desire to kill the man. He said that Murietta left the store once be fore the shooting occurred and it Va; when he came back in a threatening manner and struck him that be com menced to think he would be killed Il he did not defend himself.
 Defends His Business
 Seen last evening at his place C business Mccartney said he regretted the killing very much, but did 1t pure ly in self-defense. Ia the course o sbe conversation he said:
 The fact that the man was detan  LOWELL THEATRE CANDY STORE