The copper era and Morenci leader. [volume] (Clifton, Ariz.) 1911-1929, 1914-12-18

reference to the fact that should sew
.eral hangings occur Immediately pre-
ceding Christmas week, the spirit of
the holiday season would be violated
and that such a course would offend
the public conscience He stated.
Furthermore, that his review of the
voluminous testimony relating to the
different capital cases had brought to
light several points of such serious
import as to render advisable a con-
sideration of the evidence by the su-
preme court and attorney general.
In his Communication of Charles
Schaffer, sentenced to hang for shoot
ing Edward Giles at Winkeiman in
1911, the governor stated that the
trial was conducted with undue haste,
and that much material evidence was
excluded. In addition he Incorporates
in his proclamation letters from
former Judge Ernest W. Lewis, who
presided in the trial court and Judge
F. B, Laine, of the superior court of
Greenlee county, who pronounced
the death sentence on Schaffer after
his case had been passed upon by the
supreme court. The letters express
the opinion that the sentence imposed
was too severe and that defendants
attorneys erred in preparation ! of
questions upon motion for new trial.
Referring to Campbell's case, Gov
Hunt made the following COM
ment> concerning his reasons for
granting clemency:
"a review of the testimony in the
case of William Campbell shows that
the defendant was colored bootblack !
residing and working in the city of
Prescott, Arizona, and that the person |
whom he killed was a white man |
named Ernest Presti, alias Kid Kirby.
While the occupation Of the deceased |
is not discoverable in the evidence
taken at the time of the trial, and in
fact appears to have been carefully
excluded, several citizens. of Pres
colt in good standing have stated in
writing over their signatures. that
Kid Kirby was an ,ex-pugilist and
whfteslayer, who had several times
II
involving brutality toward women
Of the underworld.
There is nothing in the evidence
or other statements separately sub
n1tted, to show that the defendant
had, since his childhood, been any
hing else than steady-going, indus. J
1rous colored boy. The Judge who !
presided over Campbell's trial did
lot permit the attorneys for the de-
ense to introduce testimony tending
% prove that on several occasions
Immediately preceding the murder
lid Kirby had attacked Campbell with
loaded rubber hose and brass =
and had, on such occasions. is
everely injured him.
The facts obtainable outside of the
of evidence indicate that
fter Kirby had inveighled. Campbell
1to'a a dice game he deliberately tried o.
, defraud him of some of his money. b.
nd that when Campbell protested p
ga1nst this treatment he was made OF
ne object of several vicious attacks. N
The statements of citizens of Pres b.
ott, also, show Campbell after sew d.
raj such encounters in the course of
hich he had suffered physically, Sc ii
1red a gun, and that on the occasion ci
his next meeting with Kirby he re
He'd him. IA, a..I hs
while Campbell is not, OF course, a
be considered blameless, it is my [hs
IN conviction that the crime COM 10
itted does not merit death as a of
.nalty, especially in view of the un- tn
lie haste exercised in the trial of the tn
'fendant and the unwarranted zeal of
hibited by some prominent people of an
'escott in demanding his execution" su
thirteen men were awaiting execu- hi
IN at the state prison prior to the ac
cent election when the proposal to du
Ol1Sh capital punishment was de- tn,
ated. OF these cases six are now Fo
nd1ng in supreme court, one has at
en- reduced on retrial to a ten year on
1tence, two have been commuted to on.
2 Imprisonment and four granted ent
'rieves until March 10, 1915. The Me
action yesterday, which was his
unexpected by those who knew De,
attitude on the subject of capital ing
1ishment, does away with the pos his
ility-of a general execution at the c
te prison at any time in the near eig
ure. The sixty-day stay of execu- ren
4 in the case of John Tomlin and els
has
p-- -oe-nDer o. the
It what action will be taken in case ais,
If motion for a new trial is denied in s
supreme court has not been an