Arizona republican., 1918-01-08
MEN ARE
 BOUNDOvERT0
 HIGHER COURT

lHUuLu UUUuI
 Elmer Pearson and Bob" Cleaveland were held to answer to the superior court for the murder of A. W. Peay, a Glendale rancher, on December 30, at the conclusion of their preliminary hearing in Justice Wheelers court yes terday. The bond of each was placed in the sum of S15,000 which they failed to furnish. Handcuffed together they left the justice court with a deupty on either side. As they passed down the room enraged glances were turned in their direction by the ranchers from Glendale, friends of the peaceful and respected citizen who was brutally murdered. Threats of lynching came to the sheriffs office after the arrest of the two men and every effort has been maintained by the county author ities to uphold law and order.
 The defendants offered no testimony yesterday. When the state rested, M. A. Woodward, counsel for the defense, made a motion to dismiss the com plaint against Cleaveland, which was opposed by County Attorney L. M. Laney on the ground that he was con-
 
 by counseling and advising Pearson to shoot Peay.
 Cleaveland took the courts denial lightly and smiled the pleasant smile that scarcely left his face during the hearing when he held an undertone conversation with Pearson. The lat ter when asked if he had made a vol untary and complete confession to the officers stated that he had.
 The tragedy, which grew out of the unreasonableness of a drunken man and his intoxicated companion, has at tracted wide attention and every bench was occupied when the case was called. It was known that the state had a strong case against Pearson but the ] general opinion was that there would not be sufficient evidence on which to hold CleaVeland to answer. Witnesses not only testified that the gun with which Pearson shCt Peay was the prop erty of Cleaveland but that the latter | had at various times threatened to kill Peay and that the day of the shooting he had endeavored to get two Russian | boys to procure more shells when they were running low after shooting Peay's chickens. over which the trouble arose.
 B. F. Booth. nightwatchman of Glen dale, who made the arrest and Deputy Sheriff Charles Musgrove, who aided | him in bringing them to the county | jail, both testified that Cleaveland in learning of the shooting, mad declared that he hoped Pearson had killed | the -"
 Mrs. Eva Peay, widow of the mur- dered rancher, testified that on the morning of the fatal day. the two de- fendants had come to her home, which adjoins that of Cleaveland to ask her what she intended doing about her chickens and livestock which invaded their premises. Rather than have any difficulty Mrs. Peay said she would sell her chickens if she could not keep then at home and she offered to go in witt Cleaveland and build a fence between the ranches.
 It was not until several hours latel l that the Peays were again annoyed by their neighbOrs and when they heard | Pearson shooting their chickens, Peay called to him to "cut it out The reply is alleged to have been a vile name and the threat I'll do you tho same way. Peay discussed the ad- visibility of notifying the officers witt his wife and she suggested ttat they let the matters drift until they could sell out or Cleaveland move from ths neighborhood. Peay went out to hitcf his horse and wagon to go to near by ranch and the next thing his wife heard was the shot, which ended hi: life three hours later.
 William R. Hiett testified that he wa. passing the Cleaveland place when ht was hailed by Pierson. He stopped hi: car and had only just crawled through the fence when he saw Pearson rais. his 3240 Winchester and fire sayins at the time, I'm going to shoot tn old ......."
 Pete and Frank VoVoX and Paul Lax in were at the Cleaveland ranch tha day and testified that both men wer, drunk. They cursed and swore freely they all stated, and complained abou Peays chickens on their land. The, considered sending the Russians fo more shells which they thought the, would need before the day was over bu being reminded it was Sunday and tn , shops closed, gave up the idea. l J. $. Thurston testified that he ha t warned Peay that Cleaveland woul
 kill him for he had told him so whe t accusing Peay of the theft of some c 9 his property which he later found l That - stole it and I'll kill him, p he is alleged to have said to ThurstoI n Guy Dudley. under oath. said tha r Cleaveland had told him that he woul V kill Peay.
 Miss Bertha Jackson. the ster : daughter of the dead man, was not { . home on the day of the tragedy but sh
 took the stand to tell of other UT S pieasantness with the neighbors wh Q had cursed her mother.