Arizona republican., 1921-03-02
GRAY ACQU|T TED BY JURY AT TER
 SHORT SESSION
Third Ballot Frees Man Charged With Murder Reading Of Verdict Is h. terrupted By Demonstra- tiOn In Court

RedulIlS UT verdict IS h.
 terrupted By Demonstra-
 tion In Court
 Alvah Gray of Miami yesterday was acquitted by jury in the superior court on a. charge of murder in con nection with the fatal shooting by him of James Nelson, son of a Buckeye banker, here Dec. 2S. A storm of ap- plause broke forth from the crowded court room when the words mot guilty were reached by the clerk who read the verdict, and the reading could not be finished until time had been taken to restore order
 The jury took but little time to reach a verdict after the arguments were con cluded and instructions given yesterday morning. The case went to the jury at noon, and the decision was reached immediately after lunch, being given to Judge Stanford shortly after ? o'clock. According to one of the jurors, only three ballots were taken. Verdicts Of manslaughter, and of manslaughter with suspended sentence, were voted down, and the unanimous vote for ac- quittal followed.
 Gray's defense was that he shot young Nelson in a moment of tempo rary insanity to avenge the young mans alleged betrayal of the former s daughter Ruby, and this latter point was stressed in the argument for the defense by David Keener of Chandler, who with J. c. Niles of Phoenix con- ducted Gray's case. Eyes in the court room were dimmed with tears at times in his talk.
 Claims Conviction Not Wanted
 MT. Keener pointed out that the state asked for verdict of manslaughter, while Gray desired either to go free or to pay the full penalty He charged that young Nelson had fled the coun try to avoid keeping his promise of marriage to Miss Gray and commented on the lax statutory laws. If more acts such as Grays were committed, he said men you'd not betray girls under a promise of marriage.
 The state did not desire a conviction MT. keener claimed, or it would not have asked for a verdict of the lowest form of homicide. He reviewed evil dence in the case, and spoke of Gray s mental condition at the time of the shooting. Neilson's dying statement, in which he said he did not blame Gray for his act if he thought him. Nelson, responsible for Ruby's condition, though he was not sure he was re- sponsible, was emphasized by the at torney. Gray gladly would exchange places with Nelson, MT. Keener said with reference to the cross Gray and his daughter and her child must bear through life.
 The defense argument closed with a plea for Gray's acquittal.
 The States Argument
 MT. Keener's speech followed tfIs opening argument for the state by Jo- seph E. Noble, deputy county attorney who said Gray lay in wait for Nelson and knew what he was doing when he fo%o et, <lrfa h. charged, had tried to cover up the req issues in the case with the cloak O. temporary insanity. MT. Noble declared he believed Gray had made up his mint to kill Gray before the two met on tn, street that morning, and asked that th' jury return a verdict of man slaughter
 Judge Frank O. Smith, assisting th' state in the prosecution, closed tn states argument with a compliment t' defense counsel for their handling o the case. He added it had been pleasure to be associated with MT Noble. Young Nelson. he said, wa not on trial, for he had paid for what ever wrong he might have committed and he declared the young man ha' been shot down without a chance. H | urged a verdict of guilty of man
 slaughter if the laws of the land wer
 to be upheld.
 1 Following the arguments Judge Stan 1 ford gave the jury instructions cover | ing all forms of homicide, in addition
 to instructions on the "unwritten law
 and insanity. Five different verdict
 were outlined to the jury, as follows Murder in the first degree, with tn death penalty; murder in the secon l degree, with life imprisonment; mur i der in second degree; manslaughtel and not guilty by reason of temporar 1 insanity.
 Marks End of Tragic Drama l The acquittal of Gray yesterday wa l the final act in the tragic drama re sulting from a romance when pesal in Buckeye nearly a year ago.
 Last November Ruby Gray came her from Miami. where she had gone iron
 Buckeye a few months before, to marr-
 James S. Nelson, who left the sam day for California. About Dec. 20 tn young man was brought back on statutory charge preferred by Nils
 Gray, and it is said that he gave final refusal to marry her when tn two met at a conference m the count. attorneys office.
 On Dec. "A Gray heard the story o his daughters unhappy romance O ! which he had not known before. h i said at the trial Two days later Mis 1 Gray became a mother prematurely l St. Josephs hospital The morning l Dec. 2S Gray met young Nellsoh an his father at the corner of First avenu l and Washington street, and the shoot 1 ing followed James Nelson was sho twice and died three hours later at tn bospttal in which Ruby Gray lay in dangerous condition. Gray waited O l the street corner until an officer ar
 rived to take him to the sheriff's of i flee
 Gray's trial began last Thursday an
 the last testimony was gwen Monday
 the day Gray took the stand in hls oW defense after his daughter has testlfle l Saturday. Yesterday morning wa taken up with the arguments, ana earl in inc afternoon the jury brought i the verdict which wrote finis to tn case.