Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1913-05-07
JEOPARDY BAR
STEWART PLEA
That His Life Has Already
Been Endangered Offer
ed by Dick-The Accused
Stands MOl1.isOn'S Grill
ing With Composurc.

The final moments OF the evening
session of the Stewart case contained
more important action than ali the
rest OF the trial which was less I'M
derstOod and less appreciated because
Of its technical nature than any ot
The previous evidence and procedure.
Dicks whole case lay before the
court in the one sentence. 1 contend
that my client has already been in
jeopardy of his life on the charge u
numbering Fred Kibbe. and / main
tain that he cannot again be placed
in jeopardy on that charge" In case
Judge Morrow takes the case in its
legal bearing under advisement with
the attorneys. il Will resolve itself in
10 a threshing out of the question,
Had the territorial court jurisdiction
~ trying Stewart for kibbe's muir
der? and on this point the whole case
from this point on will hinge
That the case OF the United states
versus William Stewart win he an in
volved one when il comes TO deciding
the legal points relative to the for
mer trials, was made strongly evi-
dent When Attorney Benton Dick for
the defense introduced-or tried to
Observation-Disclosures sustaining his
one plea. former jeopardy Follow
ing the departure of Stewart from the
stand late last evening. Dick offered
The verdict rendered against his client
in the fifth district court at Globe
imposing life imprisonment for the
murder of Kibbe. United States At
torney Morrison objected on the
ground that the territorial court had
no real Jurisdiction in this case and
that it could not be a case Of jeOp-
ardy of the life Of Stewart on the
Kibbe charge The court sustained
the objection Dick offered the in
dictment in that same case with the
50 me objection and the same action
on the part OF the court. Dick then
offered the order of judgment and it
met the same fate.
Like cannon against an impreg
nable wall, the cross questions of
Morrison We're hurled against the iron
composure of the slight, dark young
fellow who was on the stand for his
life II at times he became confused
in the facts they We're minor ones
that might well have slipped his mind
since the tragedy. But as far as
Pickering of his determination to
stick to what he had already said
goes, there was never a flicker. With
the very gun with which the murder
was committed thrust into his face
and with it the sharp question. rs
that what YOU used to kill Kibbe?" he
glanced at the weapon and said,
steadily. NO, sir
Almost as rapidly as the human
tongue can speak. Morrison pounded
home his questions, basing his quer-
les on the signed statement Of stew
art in which he admitted part in
the killing but pleaded self defense
or coercion. The broken rifle. the
photos. the other material evidences
were put before him in vain He did
not falter. once. The weak points in
his testimony both in this case and
n the former case at Globe were
mercilessly picked open and spread
before the jury. always against the
objections of defendants counsel
In the evening session the very
scene of the murder was reconstruct
ed by Morrison, from Stewards for
mer testimony. The stage set Nor
rison drew out the meager details of
the killing. According to Stewart.
Goodwin arose from the bed. stepped
into the kitchen. He returned and
shot Kibbe with his six shooter.
stopped. got rifle and shot Hllpot.
lie then beat the latter over the
head. He stepped across the corpse
and made Stewart help rob the bod
les. They fled. Stewart listened to
this graphic recital with absolutely
no emotion on his face. Like shot
Morrison would fire a question and
Stewart would say. NO. sir" Anoth
er shaft and another negative would
follow. And so it all through
the evening session up to the time
Stewart was relieved from the grill
ing he had stood so nervily
Lays All On Goodwin
81 did not kill either Kibbe or Hill
pot. I never planned to do that with