Weekly journal-miner., 1918-07-24
had showed signs of weakening. FOUR BALLOTS TAKEN

had showed signs of weakening.
 FOUR BALLOTS TAKEN
 Four ballots were taken by the
 jury, two of them to determine
 sthe guilt or innocense of Steph-
 ems, and the other two to settle
 upon the degree of crime on
 which the verdict should rest.
 The first ballot, said to have
 been accompanied by some slight misunderstanding as to what the
 vote was about, resulted in 10
 votes for guilty and two for not
 guilty. The second ballot was unanimous for guilty. The third
 ballot stood II to l for first-de- gree murder, and the fourth one
 was unanimous for such a con- viction.
 FORMAL MOTIONS NEXT The next step which will probab- ly be taken by the counsel for the defense will be the filing of a motion for a new trial and also motion for the arrest of judgment. As these are but formalities, the court will doubt less overrule both of them. An ap- plication for a writ of probable cause will then be in order, the motion hay ! ing the effect of preventing the re- moval of the defendant to the peni- tcntiary pending the outcome of an appeal which is to be made to the State Supreme court. If this is refus- | ed by Judge Sweeney, an appeal can [ Ec made to the Supreme tribunal for such writ, and if granted, will neces- sitate the furnishing of new bond bv Stephens in order to secure his release from the county jail, the old bond having no longer been operative since the return of the verdict. Steph- ems ST. has indicated his willingness 10 fight the case to the last ditch m order to prevent the removal Of his son to the State prison at Florence.
 Arguments Occupy Day
 The arguments by the respective counsel in the action against young Stephens occupied the entire session vcstcrdav. The States opening argu- neut was begun at nine o'clock a. m. and the closing argument, made by Assistant Prosecutor Clark dld not end until 10 o'clock in the even ing. the court room having been crowded to suffocation all during the day and evening. The largest part  of the audience consisted of women.
 County Attorney Haworth in be- einuing his presentation of the States side of the case called the attention of the jury to the thory of the de- fcndant that Bud had been tcmporar- Tv insane at the time he had fired the fatal shots. The State maintained, said Nr Haworth. that the lad had been as sane at that time as he had ever been at any time during his lie. and that many witnesses had so testified.
 "Ioc Stephens and his son have never been able to show at any stage of the proceedings that they were worrying about the chastity of Mrs. Stephens. the wife and mother, but !. has been couclusivcly dcmonstrat- d that the only thing which worried these men was the fact that the lady had icvclry to the value ot several thousand dollars with her at the time shc was remaining out of their s'ght' and this is what caused them to be so greatly exercised. Had they been so de,isous of protecting Mrs. Steph- ems from Miller, the old man could have easily prevailed upon his friend, Sheriff Joe Young to lock Miller up' for I don't want you to forget that Inc uscd his power and influence to rasc inc arrest of three innocent men on the morning of Monday, April lst. Sheriff Young having gone out ana gathered in Miller, Marks, and Mar lowe simply upon the say-so or Steuhens and without any sort or warrant for their detention, and lock cd them up in jail And SO the tath- sr and son did not have to resort to ,ba rsc of firearms to protect the VIr- t1c of the mother when the door ot fine Yavapai county jail were ready ,o swing open and swallow mp any ucrsou against whom Joe or hiS son ,,;ab, happen to have a grudgc.
 Bud. during the altcroation on the summit. called his mother names which have never even heard tcan.stcr apply to his mule. Take this into consideration when the defense attempts 10 tell you how much the boy respected the lady" said said NIT. Haworth Fred lessen tells you that
 
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