Arizona republican., 1914-03-01
THEIR PENALTY
 FIXED AT DEATH
Jury Says Leonard and Tomlin Must Die for the Murder of Marshal Hi Peterson of Mesa-Dra- matic Incidents of Trial

Leonard and Tomlin will die for killing Marshal Hi Peterson in Mesa on the 18th of November, last. Al $40 o'clock yesterday the jury Ill the case returned the verdict Of gulilE of murder in the first degree, ana fixed the penalty at death. The boys will be sentenced Wednesday morn ing next at 9:30 o'clock, when they will appear before Judge Philips Tor the final time.
 Until they are sentenced the boys will be confined in the county JdI' Under special guard, who Will De III the cell day and night till they are transferred to the penitentiary' they will be constantly watched for lear they might make another attempt at escape. or that they might try 10 harm one another or themselves. Fol- lowing the verdict of the jury they were led to the sheriffs office, where new clothes were given them and ah their belongings taken off thelr per sons They were then placed In con- finement.
 When the jury entered the court room at $40 o'clock yesterday, a look at their faces told the verdict. when they came to the stand and theif names were called, their voices told the verdict When the judge glanced at the verdict and handed 1t to the clerk, his motions told the verdict. And the first words of the clerk told |, iat I
 The defendants eyed the jury from their entry But the jury did not look at the defendants. When the sentence was passed, Leonard smiled, and Tomlin, across whose face no sign of emotion has passed since the start of the trial, wore the same mask of impaSsive sullenness. Leonard smiled till he passed to the door on the way from the courtroom. Then he gulped, swallowing the Jumps in his throat. But no word passed from the mouths of either.
 Following the presentation of the arguments at noon, the one incident of comedy entered the trial. That was when Mrs O. N. Pickens, daugh- ter of the dead peace officer, slapped the face of Attorney Brumback for the remarks he had made to the jury when he presented his argument. After the incident was over, she stated that she was sorry, but that she couldn't stand the temptation to take a crack at him for the things he had said. Luckily for her, the court was adjourned. and Judge Phil lips had just passed to his chambers.
 The whole of the morning was spent in arguments by counsel. Both Brumback and Moeur, of the defense, and Frank Lyman, county attorney, presented their cases. Brumback laid special stress on the character of the dead officer Mouer took up the in- cidents of the crime to show that the boys acted in self-defense. Lyman argued reconciliation, and told the sequence of the crime and the incl dents as he had set out and had proved them.
 Following the noon hour. the jury was again brought to the stand Judge Phillips then took over an hour in in- structing them. They went to the jury-room at 1855 o'clock. They re- ported to the bailiffs that they had reached a decision at 3:15 o'clock Most of the hour and a quarter was used in bringing one or two members of the twelve over to the death pen alty.
 The verdict in this case marks the second victory of import for the county attorneys office in the past ten days. The conviction of Babb and Phillips, a little over a week past was the first. Now comes the com plete conviction of the murderers of Marshal Hi Peterson next to the las, case on their calendar. The case ot Thomas Caldwell vs. State of Ari- zona, the last case on the present cal endar, comes to the court Monday morning.