Bisbee daily review., 1918-02-19
SUPREME COURT
 HANDS DOWN 4
 FEW DECISIONS
Joe Wiley and Ramon Salazar Are Ordered Released From Penitentiary = Were Con- victed of Second Degree Murder.


 who were convicted Of second degree murder on April 12. 1916. in oonnec- ton with the shooting to death of Mary Josephine Walsh Bates. will go free as result of . decision handed down in the supreme court today The decision of the Gila county court in the action of J. D. Kennedy. trustee Of the town of Miami, versus the Bank of Miami and the town of Miami, which embodies the disincorporation of the city of Miami. was reversed and remanded. Five other decisions of lesser consequences were also hand ed down yesterday morning
 IF the appeal from the decision O. Ire Sants Cruz county superior court, ". 4. o'Connor. judge, Joseph L. Wiley. Thomas Johns and Ramon Sal azar, P,ma county officers. contended that she court had erred in the admis sion of evidence. in insTucting the jurors as to the law and in refusing instructions requested to be given to the jurr by the defendants.
 The crime. it is said, was committed when the officers mistock the woman fer another person. for whom they were on the watch. They ordered the driver of the machine in which she was riding to stop, but because of the noise made by the car, it is stated, the driver did net hear the order and con se1uentls continued his journey. Of ficerS ~ en opened fire sn the machine. resulting in the killing Of the woman.
 The case aroused wide interest throughout the ssate and after a long court fight, the three offi-ers were found guilty by a jury Of second de gree mGTter. They were sentenced to serve 90 years in the state peniten- tiary at Florence. and arc now, con fined a. that institution.
 In reversing the case as to Wiley and Saiszar. the supreme court in structs the lower court to dismiss the two mex The opinion was written by Judge Fenry D. Ross and concurred in by Chief Justice Franklin and Judge Cunailghsm.
 In the action of ]. D. Kennedy yer sus the Bank of Miami and the town of Miami, the former brought action in the superior court Of Gila county to disiaccrporate the city. He claim ed the right to bring su-h action. he stated. as trustee Of the town O. Mia mi
 The decision of Judge A. c. Nc Alister of the lower court was in favor of the defendants. from which decis- ion the plaintiff appealed
 The supreme court reversed the de cision and remanded the case with di- rections that atrstrial be granted Tn its decision. the supreme court stated that the lower court should have re Quired the town to make proof of its allegations, tending to impeach the resolution of disincorpOra-iOn. The resolution, not appearing to be void on it's face. should be taken as valid and of binding force and effect until impeached for fraud or want of juris- diction. Judge Ross also wrote this opinion. in which the other two judges concurred.
 In the appeal from the decision of the Graham county superior court taken Dy the Arizona Eastern srail- read against the county of Graham, the court affirmed the decision of the lower court as to first cause of action and reversed and remanded as to the second cause of action This Is case in whi-n the Arizona Eastern is claim ing excessive taxes.
 The decision of the Navajo county superior court in the action of Joe R Hunter versus Charles Daze was af- firmsd.
 The decision of tte Navajo county superior court in the action of Caro- line Desmont and William H. Wshl against the Navajo Apa-he Bank & Trust company and W. Ii. sBurbage and F. W. Nelson was sustained in the judSment against the bank and reversed in the judgment against Bur bage and Nelson.
 In the matter of the application O. Mrs. Ethel Butts for a writ of habeas : corpus, the decision Of Judge Stand ford of the Maricopa county superior court in refusing to grant the writ was affirmeds This case was disposed O. several weeks ago. and consequently the supreme court decision has no bearing on the case.
 In the case of state of Arizona against Harold Stover. an alleeed boot ! legger. the decision of the superior