Arizona republican., 1918-06-11
HOLMES PAR TLl EXONERATED IN PEMBERTON CASE
Killing of Oscar Pemberton
 Found Justifiable By Jury But Killing of His Brother Not Passed On

Unsuitable homicide in the case of Oscar Pemberton and in doubt and offering no recommendation relative tO the death of William PemberIon since he was shot after being wounded" was the verdict of the jury after an inquest lnquiring into the death of the broth CTS, held by Coroner Cummings of Tempe yesterday. J. T. Holmes, who killed the two men. took the stand and .s new being held in the county jail pending further investigation. As yet no complaint has been lodged against him.
 The Southside court room has not held as many people since the prelim- mary hearing given the murderers of stephen Hughes. the Southside rancher and !n view of the intense feeling the case has aroused, every precaution was taken.
 County Attorney L. M. Laney sug- gested that Sheriff Willy search ev- eryone in the courtroom in order to ascertain that there were no firearms in the room. He stated that while Tempe was a peaceable city he realized
 
 often in like circumstances tragedies had occurred that might have been avoided. A search did not reveal any guns concealed on any of the men ana women present.
 The story told by tEe witnesses was practically that which appeared in Mondays issue of The Republican. of the shooting of the two men at the Holmes ranch nine miles south of Tempe after trouble over the trespass- ing of the Pemberton cattle on the Holmes place. That there might be more behind the killing or that addl- tional facts than were brought out al tho hearing yesterday remains to be seen. It is certain that the county at torney was not fully satisfied with what he learned on the Southside yes, terday for he is going to the scene Of the killing today to make an extensive investigation.
 The inquest lasted four hours. The Sunday afternoon tragedy was gone into in detail by John aged 15 years and William aged IS years, the sons of William Pemberton and the nephew. or Oscar Pemberton. John Moore, Q l6-year-old boy. was another eye wit ness, the lads telling the same story
 According to their testimony early m the day Holmes had come down tt their cattle ranch in machine having his gun with him. He told Pembertor that he would shoot any cattle thar came into his field. At o'clock that afternoon he had occasion to ma<, good the threat and concealing himself In his alfalfa field, watched for the COW which he shot when it entered hi. place. He then started back towar, his house. The Pembertons hearin, the shot jumped on their horses ant galloped across the track. They tiec the horses and approached Holmes wh, ordered them to stop. They dismount ed and continued their advance. sai, the boys who testified that they ha, six shooters on their persons but di, not draw their weapons. Holme turned and without a word shot q William who dropped in his tracks The gun was aimed at Oscar. who fl a moment fell at his brothers side William started to rise and in stopped position leveled his gun a Holmes firing once. The shot wa returned from Holmes gun and Vii liam was instantly killed.
 Holmes own story differed from tha of the boys in that he claimed tn brothers when they started to ru after him after the shooting of tn COW. had their guns drawn. That h was compelled to shoot Oscar after h had shot William to save his own If was the story told. Several of hi relatives were on the stand and testl fled as to the trouble there had bee between the neighbors over the cattl tresspassing on the Holmes field.
 The Pembertons have lived in tt valley for great number of years an were well known cattlemen. The1 were five brothers, one in service, Ina been notified and if possible he wi secure leave and arrive from Cam Funston the end of the week.