Arizona, S-U, 1914-1991, Undated

Online content

HE gallows was erected, the date

near, and Sheriff F. J. Wattron of

Navajo County, Ariz., was as dis-
traught as the man he would escort up
the 13 steps.

Emily Post was yet unheard of, al-
though probably she would have been
of no more help than the only authority
to whom he-could turn, a Mrs. Leslie
whose Social Guide for Ladies and
Gentlemen was the rulebook for polite
gatherings.

However, there would be no ladies
present at the hanging, and George
Smiley was scarcely a gentleman. He’d
proved that by insisting it was his
friend’s turn to buy the drinks, and by
closing the debate with a revolver slug
through the tightwad companion’s head.
Furthermore, the affair on the gallows
could hardly qualify as merely a pleas-
ant little get-toyether.

Nonetheless, there were the legal
witnesses to be invited to the hanging,
and Sheriff Wattron was going to attend
to this detail with all proper fcrimality
or turn in his badge. But how, he

asked himself and everybody he knew,
would you word an invitation to a
gallows dance?

From necessity rather than choice
the sheriff’s acquaintances were mostly
rustlers, train robbers, road agents and
horse thieves, and none of these could
help him in the least with his problem
of etiquette. Wattron thumbed through
Mrs. Leslie’s volume, discarding the
sample bids to weddings, dances and
strawberry festivals, and finding no
phraseology that exactly suited his
needs.

What a pioneer could not obtain
ready-made he had to rig up for him-
self. So Sheriff Wattron sat down to
frame a hanging invitation. He wrote
and was pleased. He carried his copy
to the local printer, who dusted off a
font of old English script type, embel-
lished the cards with suitable black

borders, and mailed the finished product .

to a list the sheriff supplied.

The recipients were bug-eyed when
they read the formal notices.

Holbrook, Ariz. 11/28/1899.

You are hereby invited to attend
the hanging of one
GEORGE SMILEY, MURDERER.
His soul will swing into eternity
on December 8, 1899, at 2 o'clock
p.m. sharp.

Latest improved methods in the art
of strangulation will be employed,
and everything possible will be
done to make the surroundings
cheerful and the execution a
success.

F. J. Wattron,
Sheriff, Navajo County

BY
MARTIN

INVITATION TO A FISKE

GA LLOWs3 DA NCE

A newspaper, of course, got hold of
one of these curios, and having a politi-
cal axe sharpened anyway, swung at
the limb on which Wattron had climbed.
Within three days the “scandal” of the
flowery invitation to the hanging spread
from Flagstaff to Yuma, and reached
the ears of Governor N. O. Murphy.

His secretary later said that Gover-
nor Murphy leaped from his chair
without touching his feet to the floor.
He cranked the telephone until it nearly
fell apart.

“What are you trying to do, Watt-
ron?” he bellowed. “Make a _ pink
tea out of a hanging?”

The hapless sheriff could only sputter.
“Shut up!” Murphy roared. “This isn’t
funny—to Smiley or anybody else. Hold

up that execution! I’m going to inves- -

tigate the whole thing!”

It wasn’t long before the governor’s
investigator was in Holbrook, taking
poor Wattron to task.

“The trouble is,” the sheriff ex-
plained, “I must have read too damned
many of those books on etiquette. This
is my first hanging. I didn’t know what
to do.”

The only man really satisfied about
the affair was Smiley. He enjoyed a
month’s stay while the governor’s tem-
per cooled off and the newspapers got
tired of lampooning Sheriff Wattron.
Murphy finally agreed to forget the
matter if the sheriff withdrew his first
invitation and sent out a second, more
in keeping with the spirit of the task at
hand.

Wattron tried to recall all copies of
the first bid, but only two or three came
back. At last he sent out a revised
version.

Holbrook, Ariz. 1/7/1900.
With feelings of profound sorrow
and regret | hereby invite you to
attend and witness the execution of
the human being by the name of
George Smiley; the crime, murder.
The said George Smiley will be
executed on January 8, 1900, at 2

o'clock p.m.
You are expected to deport your-.
self in a respectful manner; any
unseemly language or conduct on
your part will not be allowed.
Conduct on anyone's part border-
ing on ribaldry and tending to mar
the solemnity of the occasion will
not be tolerated.

F. J. Wattron,
Sheriff, Navajo County.

And thus the hanging took place,

Ww
a
ir

although Smiley had an extra 30 days
of life.

~ Pi Sage.

a |

|
PRONT PsaGk DE TECTIVE, Nov., 1944

E2 The Arizona Republic

Sunday, May 12, 1991

JAMES E.
COOK

Republic
Columnist

‘Bucket of blood’ attitude dried up as lawman matured

M y father used to describe a
certain kind of bar as a “bucket
of blood.”

I figured that was
term he made up.

Now I learn that there were at least
two Arizona saloons with names like
that. One was at Morristown, and I'll
explain it in a later column.

Another was in Holbrook. An 1896
hews story told of a killing at the Bucket
of Blood Saloon there. George C. Hiatt, a
barber, was playing cards with Harry
ted ee of the Bucket of

got into an. argument.
Donnelly pulled a pistol, walked Hiatt
outside and shot him dead in the middle
of the street.

A Flagstaff newspaper said of the
tavern, “It is said that no less than nine
men have been killed there.”

I don’t know whether Donnelly was
prosecuted, but I doubt it. If this was just
another homicide, I wouldn’t bother to

just a disgusting

write about it.

However, Donnelly managed the sa-
loon for owner F.W. Wattron, Holbrook
druggist and former justice of the peace.

Wattron soon would become Navajo
County sheriff, and gain national notori-
ety for his flippant approach to a
hanging.

If you've read this old story before, just
be quiet so others can read it. It will give
foes of capital punishment a fine sense of
righteous indignation, while satisfying the
blood lust of those who favor the death
penalty. eo
First legal hanging ~

On March 28, 1899, railroad laborer
George Smiley shot his foreman to death
at Winslow during a dispute about wages.
The foreman’s blind widow and three
children were left destitute.

Smiley pleaded guilty, and Judge
Richard E. Sloan sentenced him to be

hanged. It would be the first legal
hanging in the 5-year-old county, follow-
ing a few extra-legal ones.

Judge Sloan noted in his memoirs that
Wattron was required to invite witnesses
to the hanging, and that the sheriff
“possessed a perverted sense of humor.”

Wattron’s invitation to the execution
looked something like a wedding invita-
tion, and it read: “You are hereby
cordially invited to attend the hanging of
one George Smiley, murderer. His soul
will swing into eternity on December 8,
1899, at 2 o'clock p.m., sharp. Latest
improved methods in the art of scientific
Strangulation will be employed and
everything possible will be done to make
the surroundings c and the execu-
tion a success.” j

The Associated Press reported on the
invitation, and it incensed people all
across the nation, including quite a few in
Arizona.

The Arizona Gazette of Phoenix
sputtered: “The letter (invitation) is one

~_ Rh &

of the most ridiculous that ever emanated

‘from any civilized country in the world

and a disgrace not only to the county of
Navajo but to the territory of Arizona
and should forever put the idiot who
wrote it out of politics in Arizona.”

Territorial Gov. N.O. Murphy realized
that such publicity would not help -in
Arizona’s perpetual battle to be admitted
as a State. There is a persistent report that
Murphy got some heat from President
William McKinley, who had appointed
him to the governorship, but there is no
evidence of that.

‘Unseemly’ language

Murphy issued a proclamation giving
Smiley a one-month reprieve, saying the
invitation used “unseemly and flippant
language and in terms which have
brought reproach upon the good name of
this territory. I therefore express unquali-
fied disapproval of such methods so that

1atwrt

the people of the United States may know

that ag with the dignity and
solemnity of justice is not tolerated in
Arizona.”

Smiley was executed Jan. 8, 1900, after
Wattron sent out this invitation: “With
feelings of profound sorrow and regret I
hereby invite you to attend and witness
the private, decent and humane execution
of a human being; name, George Smiley;
crime, murder.

“The said George Smiley will be
executed on January 8, 1900, at 2 o’clock
p.m. You are expected to deport yourself
in a respectable manner and any ‘flippant’
or ‘unseemly’ language or conduct “Offi
your part will not be allowed. Conduct,
on anyone’s part, bordering on ribaldry
and tending to mar the solemnity of the
occasion will not be tolerated.”

Wattron’s gaffe may have helped
Arizona Territory grow up. Perhaps
recent national embarrassments will have
the same salutary effect.

aN:

) £2 The Arizona Republic

(7! \

Sunday, May 12, 1991 -

JAMES £.
COOK

Republic
Coiumnist

: .

‘Bucket of blood’ attitude dried up as lawman matured —

y father used to describe a
certain kind of bar as.a “bucket
of blood.”

I figured that was just a disgusting .

term he made up.

Now I learn. that there were at: least
two Arizona saloons with names like
that. One was at Morristown, and Pll
explain it in a later column.

Another was in Holbrook. An 1896
news story told of a killing at the Bucket
of Biood Saloon there. George C. Hiatt, a
barber, was playing cards with Harry
Donnelly, manager of the Bucket of
Blood. They got into an. argument.
Donnelly pulled a pistol, walked. Hiatt
outside and shot him: dead in the middle
of the street.

A Flagstaff newspaper said of the
tavern, “It is said that no less. than: nine
men have been killed there.”

I don’t know whether Donnelly was.

prosecuted, but I doubt it. If this was just
another homicide, T —— bother to

write about it.

However, Donnelly managed the sa-
loon for owner F.W. Wattron, Holbrook
druggist and former justice of the peace.

Waittron soon would become Navajo
County sheriff, and gain national notori-
ety for his flippant approach to a
hanging.

If you’ve read this old story before, just
be quiet so others can read it. It will give
foes of capital punishment a fine sense of
righteous indignation, while satisfying the
blood lust of those who favor the death

penalty. :
First legal hanging

On March 28, 1899, railroad laborer
George Smiley shot his foreman to death
at Winslow during a dispute about wages.

The foreman’s blind widow and three
children were left destitute.

Smiley pleaded guilty, and Judge

Richard E. Sloan sentenced him to be

hanged.. It Gouia be the first legal
hanging in the 5-year-old county, follow-
ing a few extra-legal ones,

Judge Sloan noted in his memoirs that
Waitron was required to iivite witnesses
to the hanging, and that the sheriff

“possessed a perverted sense of humor.”

Wattron’s invitation to the execution
looked something like a wedding invita-
tion, and it read: “You are hereby

cordially invited to attend the hanging of

one George Smiley, murderer. His soul
will swing into eternity on December. 8,
1899, at 2 o'clock p.m., sh Latest
improved methods in the art of scientific
strangulation will be. employed and

everything possible will be done to: make’

the surroundings cheerful and the execu-
tion a success.”

The Associated Press reported on the
invitation, and it incensed ple all
across the nation, including quite a ae in

- Anzona.

The Arizona Gazette of Phoenix
sputtered: “The letter (invitation) is one

of the most ridiculous that ever emanated
from any civilized country in the world
and a disgrace not only to the county of
Navajo. but. to. the territory of Arizona
and should forever put the idiot who
wrote it. out of politics in Arizona.”

Territorial Gov. N.O. Murphy realized
that such publicity would not help in
Arizona’s perpetual battle to be admitted
as a state. There is a persistent report that
Murphy got some heat from President
William McKinley, who had appointed
him’ to the governorship, but there is no
evidence of that.

‘Unseemly’ language

Murphy. issued a proclamation giving

Smiley a one-month reprieve, saying the
invitation used “unseemly and flippant
language and in terms which have

_ brought reproach upon the good name of
this territory. I therefore express unquali-

fied disapproval of such methods so that

1 matrt

the people of the United States may know
that trifling with the’ dignity and
solemnity of justice is not tolerated in
Arizona.”

Smiley was executed Jan. 8, 1900, after
Wattron sent out this invitation: “With
feelings of profound sorrow and regret if
hereby invite you to attend and. witness
the private, decent and humane execution
of a human being; name, George Scat
crime, murder. :

“The said George Smiley will be
executed on January 8, 1900, at 2 o’clock
p.m. You are expected to deport yourself
in a respectable manner and any ‘flippant:
or ‘unseemly’ language or conduct “6fi

your part will not be allowed. Conduct,

on anyone’s part, bordering on ribaldry
and tending to mar the solemnity of the

- occasion will not be tolerated.”

Wattron’s. gaffe may have helped
Arizona Territory grow up. Perhaps

fecent national embarrassments will have

the sare salutary effect.

lig

> Hn)

while on a voyage from
meen oy for Halifax.

_FAVORABLY IMPRESSED

hae of the Senators, Shoup and

Clark:

Washington, Jan. 8.—(Special,}—The
| senate confirmed Constant Cordier of

Arizona, as second lieutenant
regular army. Senator
party returned today. All were well
pleased with their trip and heartily
impressed with the propriety of the ad-
mission of the territory as a state.

CHASING REBELS

in
Clark anda

General Otis Describes Movements in
the Philippines.

Washington, Jan. 8.—The
vartment has received
‘rom General Otis: ° |

: “Manila, Jan. 8.

“Bates is pursuing the ye hemy in the

war de-
the following

be MEET Mans Se TE WWD) Bae C1)
Wray ities 1} shite or f
s} hia Mot ioniat s Wider

. ee ree Bie
na Noriel eat

say
te OT}

‘eaptain’s wife, two chil-
», of the German steamer
foundéred at sea the same

Perth-

the

JR PY |

the chaplain branch of th
principal one being that of abolishing
the position of post chaplain and as-
Signing all chaplains to regiments.
This change is said to be necessary be-
Cause the pests are now nearly
pleted.
regiment, he can follow that regiment |
Wherever it is ordered, and soon be-
comes a¢quainted with all the men in
it, and thus strengthen his influence.
The army chaplains draw..$1,500 a year,
and retire on three-fourths of a cap-
tain’s pay, which is almost equal to a
chaplain’s pay during aftive service.
At present there are t rty-four chap-
lains in the apmy. Thirty of these are
post chaplapfs’an@ four are regimental
st four are attached
iments of colored

sol-

or Brady of Alaska, is here
| impres@the officials with the
rtance of a strict enforcement of
regulations governing passenger steam-
ers, especially those on the Pacific

"| coast and likely to-be used to carry the

rush of miners and explorers to the
gold fields at Cape Nome. It appears
that, owing to the large draft made
on the tonnage on the Pacific coast for

the United States transport service to
Mant'age tt Aticult taaect

Any Vac.

Vepesaer !

at rey

suggested to him changes in the in-

a meen aie:

uit

isinen, the sixtiftine tan!
MertPhive them WeSEWayd tog bins
HWERed Uh ehace. AU Tree ay ler

, ort the cavalry pushed ihrod@gha io
‘ndang. Schwan captured three of

‘oriel’s. six pieces of artillery and will
ke the remainder, also his transpor-
ition with ‘records and a large quan-
\.ty of ammunition. Two battalions of
e Twenty-eighth, part of Wheaton’s
-jlumn, struck the enemy near Imus
. sterday killing ‘and. wounding 140.
ckheimer with a battalion of the
iwenty-eighth Struck the enemy in

| trenches west of Bacooryam yesterday

morning. The enemy left on the field
sixty-five in dead, forty wounded and
thirty-two rifles.

“Our loss thus is Licutenant

far

Cheney of the. Fourth infantry, four
enlisted men killed, twenty-four en-
listed men wounded. It is expected

}retreat of the enemy’s Cavite~ aymy.
| Wheaton is moving today on Das
|Marimas. Boyd of the Thirty-seventh

infantry moved ‘east from Las Banes,

|
'

sufrounded General Risat' at daylight,
capturing Risat and considerable prop-
erty. It is expected that Cayite and
Santangus provinces will be cleared up
/soon, In the north Leonhauser with
three companies of the Twenty-fifth
attacked robber bands in Aravat moun-
trins, dispersed them, destroyed their
barracks and subsistence. They found

‘there five of our -prisoners ee
‘had picked up on the. railroa‘T> ree

killed and two seriously wounded. The
northern robber bands are being pur-
sued,

(Signed.) “OTS,”

a
oi

SNOW AND RAIN:

Northern Part of the’ ®erritory Visited
By Heavy Storms.

Preseott, Ariz., He
There has been a heafy snow storm
since 6 o'clock this evening all along

‘the line of. the7S. F., P. & P. railroad

north of Skull vaney, South of Skull

valley it has bed raining and the
proegect is for a nan y general storm.

BUBONIC | PLAGUE

Has \a Firm Foothold in Honolulu.
Thirteen Cases.

———————

wots

See. Jan, i seven agattinn |

)

cases of pincue have -developed -since
the, Vani: advices, making: ‘thirteen cases

that Schwan’'s troops will cut off the

spection rules such as will make it im-

possible for the owners of small. and
unseaworthy craft to carry either
passengers or. freight.

yovernor Brady says: “Unless the
regulations governing passenger’ “sttim-
ers be strictly enforced, there will be
appalling catastrophies, when the sea-
son evens. Al} the tonnage is already
taken by passengers and no thought is
given to the carrying of food. Each
man who goes

a year. If 30,000 men are carried when
the season begins, and this is - a. low,
estimate, there will be much suffering, ’
because it will be fmpossible to find |
vessels to carry fodd to them.”.

The Lawton fund ts elimbing up in a
rapid manner, and the committee in
charge of it has assurances that it will
ultimately reach over $60,000, which will
leave about $50,000 when the mértgage
is paid on the California property for
he wir ow and childven of the brave |
gener; Now that-the subse riptions to
the Lawton fund have closed the fund *
will be invested by some prominent
New Yorkers so as to yield Mrs. Law-
ton an annuity .which will make her
quite comfortable. Seeretary Root has
been interesting himesert in this. part of
the plan, and this iusures a;care fuland
judicious disposal of the money,
Among the pleasant features of the
fund was the subsexyiptions of a couple
thousand dollar bills coming
anonymously, with the only request
that the amolfftebe placed to the credit
of the fund. No intimation of the
sender was given, and the committee in
chargé of the money has no idea who
the generous subseribers are. Onmthe
other hand; one subscriber sent a. one
dollar bill, inclosed .a written, receipt
asking that it be filled out, and then
had bis letter registered and sent | by

of one

delivery. The amount
ralsed ig most gratifying, to General
Lawtén's friends, because although a4
bill has. been introduced ° in both
branches of congress to give Mrs. Law-
hton a pension of $2,000 a year, there fs

ttle likelihood, in view of the moye-
a a to reduce the pension list, that
‘this bill will pass. But undoubtedly.
congress will pass a biih «giving
- a month, and this amount added

fh #5, na “% Re aS

annreytty Fram

service, the

de-
If a chaplain be assigned to a

\Expiation at : Holbrook Of the

with them wherever they |

has

Christian.’

to Cape Nome ought io
have a ton of food to enable him to live.

‘ter.

special delivery:s0 as to guarantee its. !
of the fynd<

quired statement as to his election ex-
: Ay oe fol

penses. we

HANGING. OF SMILEY

Murder of McSweeney,

nited States to the four islanc
graup of islands will.
calendar year 1899 ta considerably
more than $40,000,000, the ote for tHe
eleven. months.ending wifi Nov ‘Omiber

‘being $37,854.110, as compared. with
less than $20,000,000 last year. When

it is considered that neither Cuba nor
Porto Rico has yet returned — to any-
sid like normal conditions and that
| there -has been a condition of actual!
Warfare in the Philippines. during the |
year, the fact that the total exports

‘Smiley Assured His Andihice That

It Was About to Witness the
Death of a Christian—The Crime
for Which He Was Punished.

\A00 esP

“Horeok, Arts, Jan. 8.=(Spotiat.)—
At 2 o'clock today, in the presence of
fifteen invited spectators and ‘acecin- |
panied by Sheriff Wattron, Deputy
Bargman and Father Dilly, George
Smiley, the convicted — ‘murderer,
cended unassisted the scaffold upon
which he was to expiate the crime of
murder committed by him in the town

of Wins}ow, Ariz.,. “several months ago,
when he delibers+org-watked- up te and

as-

to the islands in the year exceed those
of the paliniest days of reciprocity
shows that when normal conditions re-
turn our exports to the islands will
greatly increase over those of. earlier
years. Our total exports to Cuba,
Porto Rico, Hawaii and the Philippine

prosperity under, the reciprocity re-
lations of 1893 and 1894 amounted to
but about $33,000,000, while, as al-
ready indicated, those of 1899 will be
considerably in excess of $40,000,000, the
total for the ‘month of November hav-
ing been over $4,000,000. This increase
is found in the case of each of the is-
lands, the exports to Cuba in eleven
months of 1899, $22,742,141,
$8,741,729 in the corresponding months
of 1898; to Porto Rico, $3,365,292, against

ehat dawn in a eald Nip: maiiner |

ce Wty Nee a 1K alin Bec LLO “eat
Lo rein tt, eee aes C1 Saree y
bee te
Ho fo ike pee war sf fing tle shor
iT} ki al ta pe. ocd Pein ities had
Aais Livad Cais eee ma Ls oe Mey Os ee

ing, exci I thank the sheriff and dep-

uties for many kindnesses, and I die a.
At 2:15 the trap was
sprung. The - “body dropped six feet,
breaking the neck, Eighteen minutes
later the body was pronounced dead
bt the two attending physicians, after
which it was cut down and placed in a
coffin and interred with the usual
burial service in the town graveyard.

The kiling of McSweeney cecurred on
March 28 of last year.” McSweeney was
a section foreman and Smiley had been
employed by him as trackwalker, Mc-
Sweeney was secceeded | by another
foreman and Smiley was unable to get
pay for eight days’. work. due. him at

‘Tithe time: of McSweeney’ s resignation,

McSweeney elaiming that. he could not
give-bim his time, as he was, no longer
in the company’s service. The _ new
foreman said he could not give him his
time since the service was not per-{
formed under his administration.
P aratily fas sent from one to dhe other
untilhe cagie to imagine that.they were
making a joke of him and intended to
beathim out of his pay. The last time
he cilled on MeSweeney they quar-|
relee and Smiley shot hirn, inflicting a

The killing was aggravated by the:
circimstanc ’ that ‘ Mecsw eeney'’s wife
was blind,
had several small childrén.

Hiving been indicted for. murder,
Smiey’s case was called for trial at
the October.term of court in Navajo
courty. He pleaded guilty to the in-
dictnent, evidently expecting a sen-
tene lighter thay capital punishment.
The court thereupon stated that the
evfience would be taken that he might,

détirmine {he nature oof the crime asides

fix the punishment. This Statement
wai, in’ fact, madp.be fone ® Siniley’s |
ple, was accepted. A great many wit-

neses testified to the circumstances of

the, killing, which indicated _premedi-
tafon. He had decided, he gaid, to
seq him once more and if he didn’ t pay
hig, to lick him and leave the. country.
He said that McSweetiey walked away

ea. and ‘put hia ‘hand behind . him.
¥ sald he. drew his own gun
i, ‘belleving hat he: was: only

Haat es

helpless dnd penniless and |

when he followed, McSweeney}

islands imothe years of their greatest -

against |

amount in. the

$1,220,014 in 1898; to the Hawaiian :8-

ioe, #102 ee te Be itr st b a ae BG rm
thie rosparnding: months + of oie TO
(hie Phillppine islands
igainst S14 in isde, and tose
vn ‘stamie SRG Pho is ins |
fe the degen mete ot Se
Povdstuitpydhantifaclutes oa te ane)

ticles required for $e rieullileals and

business development are the chief ex-
ports io these’ islinds and show the
rapid gains. To Cuba the exports of ;
flour in cleven months of 1899
per cent in excess of those
months of 1898, and three*times. those
of 1897. Corn shows an increase. of 0
} 6c cent, while provisions generally, in-
‘cluding bacon, hams, lard, butter and
cheese, show even more than a_50 per
cent increase and in some cases More
than 100 per cent. Cotton cloth’ shows
a remarkable increase, the total for
eleven months of 1898 having been $2),-
163 and in the cor responding months of
1899, $683, 969, while other cotton manu-
factures increased fron) $16,897 in
eleven months of 1898 to £179,560 in the
same months of 1899. Cars and carri-
ages show a very large gain as do also
typewrite rs, sewing mac hines® builders’
hardware, agricultural impleme nts,
books and. maps, thus indie ating a
general revival. of busines activity as
well’ as WA increased de ma pa for firnd-

stuffs and ¢ especies

: tS
OHIO'S GOVERNOR.

day at Columbus,

was a
They
to the
other

Columbus, ©.. Jan. 5/This
gala day fer Ohio republicans.
turned out in force to dy boner
new repubfican governor, and
state officials who were inducted inte |

sands of visitors were in the Clty and
nature smiled on the oecasioen. ) The
Busii-

parade was imposing, Governor
nell and Governor- -eleot N

more than Fa

companies ‘ came’ from
score bf cites: ane. towns thfous! nou L
‘the state, and-awere -he ade d bv” iM: ijor
General ‘Charles Dick and staff. , The
political - lubs- were in the line?) of
march in full. ferea, notabie among
them being the . Tip ipecvance club af
Cleveland and the, Blathe club of 6Cin-,
cinnati.
‘ot business houses along the. route of
the ‘procession: and. enthusiasm ruled.

“met with grtat popular. favor yas the
series of elaborate floats} sy inbolital of
l the early’ stages of the commonsyealth

His Induction Into the Office Yester- |

woud from which he _¢ lied | ‘shortly. aaf =]

office with elaborate ccremonies. Thou-:

Nach b: Lrg. 8+ |

ttre 0
of cleven 3

}

e
carted by nearly 4. G0 militiame ee The

‘Flags fluttered froin hundreds |,

A feature of the inaugural parade | that

Jack Sullivan: He smiled as
they prepared him for execution

crimes promised to establish a
record, both for
ciousness.

In Meridan, Mississippi, 15-year-
id William Church confessed to
nty officers that he had held his
ner whiie his mother, Mrs. George
hureh, cut the old man’s throat with
razor. The cold-blooded pair pled
4 alleging that Church
ttacked his spouse with a club
I reatened to kill the entire fami-
y of ten.

After stoning. strangling and slash-
ng his wife to death, Roy Hotalen, 30,
*k driver of Branchville, New
rsey. reeled into the Sheriff’s office
nd told what he had done. He would
Jive no reason for the crime, but led
cers to a woods into which he had
iragged the body through barbed-wire

T° MONTH'S roster of desperate

numbers and

M. Tallmadge, 58, an under-
al had a story ready when his 53-
vear-old mate was shot to death on a

Mrs. Bessie Tallmadge: A bullet
ended her “happy” married life—/Z
to make the field clear for anoth

Latest Sensations

and What the Law Is Doing About Them~_

highway near Oregon,
shabby stranger, he said, had held
them up, robbed them and murdered
the woman. However, Mrs. Francds
Birch, 30, a comely widow, caus¢d
suspicions by relating that the undgr-
taker had promised to marry her/ as
soon as he could get rid of his wife.
Faced with this statement and der
pressure from the Keeler “lief de-
tector,” Tallmadge admitted hig own
guilt.

EN J. PACK, Junior, 21, nfet Ruth
Shaw, 20, at a dance haf in Salt
Lake City, Utah; drove hey up Emi-
gration Canyon, and later /tossed her

half-nude body from a caf. Autopsy
revealed death from a Heart attack,
following criminal assau Pack was

accused of murder ... He was one of
the many in the mohth’s frenzied
merry-go-rcund of lyst and _ blood.
Police of Queens, Néw York City,
charged John Thomas/ with a crime of
the same order.

Thémas, a powerfully built man of
29, pnce light heavyweight champion
of Ahe Marine Corps, picked up two
sigters at midnight in a_ restaurant.
fe coaxed them into his car, put one
f them out when she objected to his
‘eckless driving, and sped away with
he other, Mildred McCabe, 39. A few
hours later Miss McCabe was found
dead in a gutter, stripped to the skin.
Sré had been outraged, and had suc-

“cumbed to a hemorrhage, multiple

bruises and shock.
On his way to the lethal gas cham-

@ Ke
i U/

Mlinois. Af

in the Crime Whirl

ber of Arizona State Penitentiary, Jack
Sullivan, slayer of a railroad officer,
was asked if he had a last request.
“Sure! Get me a gas mask,” he re-
plied flippantly. Sullivan was clothed
in nothing but shorts, and he con-
tinued to smoke a big cigar until the
death fumes got him.

Another hard-boiled answer earned
10 years for Jeffrey King, 19, up for
burglary in New York City. “You are
the toughest defendant I have had be-
fore me since Gerald Chapman, and
you'll get all that’s coming to you,”
the Judge said. ‘Let’s have it!” the
prisoner responded with a sneer. Re-
sult was the long stretch. The Judge
explained that it had been his first in-
tention to suspend sentence.

A forest fire which raged on Wan-
tastiquet Mountain, near Chesterfield,
New Hampshire, threw an _ unsolv¢d
murder into the lap of local polite.
Forest wardens, seeking to determine
the cause of the blaze, stumbled on/the
charred body of a woman, 20 t6 30

Mrs. Anna Scanlon: From a
“pickup joy ride’ she fled.
Her sister remained to die

pears old. She had been strangled
end shot, and both legs and both wrists

fwere broken. A .22 caliber revolver.

as well as an empty gasoline tin, lay
nearby. The killer’s attempt to burn
the body may have started the forest
fire.

In Los Angeles, Robert S. James, a
barber, was accused of bringing home
a box of rattlesnakes and seeking to
murder his fifth wife by having the

Lois Alice Wright, at léft:
Victim of sordid relations With
her uncle, Lothario - Barber
Robert S. James, below He
is accused of using fattle-
snakes to kill his fifth wife,
Mary Busch James right

serpents bite her last Summer. Ac-
cusation came when he was held in
jail on a morals charge. James was
alleged to have finished the job of
wite-killing by drowning the victim in
a fishpond Doctor William B
Richter, a crazed dentist in Atlantic
City, New Jersey. bit two young chil-
dren on the beach and paid a $25 fins

went berserk. For killing a sheriff
while resisting arrest, a Negro and his
sister were shot, burned, and their
bodies cut to pieces for souvenirs.

al f , ,

: ae

| Ob fK\\4 £ ea U ty2
a 1 <4. o 7 Nee oo

ee /
j
i

dergi.dtl—

ann 2

“ OME on, pile out of that car; and come
- out with your hands in the air!”
The stern command, accompanied by
the clatter of a sliding door, roused a party
of hoboes who were lying in a car-load of hay
at Bowie, Arizona.

It was 10:50 on the morning of
March 13th, 1935.

The man whose strong, reso-
nant voice had given the order was
John B. Bradberry, a railroad
police officer of the Southern
Pacific Company. Tall, broad-
shouldered, with firm bronzed
features and a determined glint in
his grey eyes, the officer stood
poised with his hands swinging
freely at his sides. Bradberry
was unarmed, and in fact seldom
carried a gun.

Depending on agility and
the lightning swiftness of his
capable hands, he had many
times disarmed and sub- _
dued dangerous criminals -
without ever touching a
weapon. Thus he had
built up a feeling of
supreme confidence in
his ability to master
any situation that arose
in the line of duty.

It was this confidence 5
that was to cost Bradberry his . tied Ee : $a ; é eS: Z a een (
life! . ¥, ih ‘ ; AY: ; : ij : r AP = 4 io; rAd

With the Southern Pacific officer a “ oe eS ‘ ; ’ a
was Border Patrol Officer W. E. ?
Beckstrom. Occupying a rather ; oN ‘
unique position with regard to ty : phe \: a f BAS I a ~ ge Nd |
state and national boundaries, ; :
the town of Bowie is located
in the southeastern corner
of Arizona, right against
the border of New Mexico
and some sixty miles
across desert and moun-
tain country from the
Old Mexico line, Our
railroad police officers
and those of the bor-
der patrol cooperate
in the examination

The famous Ballet Es-
panol whose clever in-
terpretations of Span-
ish national dances
are emulated on the
Arizona-Mexican bor-
der where this tragedy
of the desert takes
place.

ARKO D T Ty
£ \MERICAN iL

By Daniel O’Connell
Chief Special Agent
Southern Pacific Railroad
Company

As told to Bob McLean

of freight trains. The border patrol are
required to ascertain if railroad tres-
passers are illegal entrants to the
, United States or smugglers, Our rail-
road police are concerned mainly with
the prevention of stealing from freight
cars.
Beckstrom was armed but scorned to
pull a gun until the necessity arose. The
border patrol officer’s stocky, khaki-clad
gure tensed as the first hobo made his
yppearance in the car door.
“Snap into it!” Beckstrom ordered.
“Let’s see what you fellows look
like!”
The first man out of the car
jumped down to the sandy
right-of-way and stood
blinking in the fierce
Arizona sunlight. Some-
what disheveled, he was
clad in a -reddish-col-
ored suit, a very light-
colored cap, white
shirt and moccasin
type shoes. His
hands were partly
raised and a
vicious snarl
twisted his
youthful fea-
tures.

it all about,
coppers?”
he grated.
“You guys
looking for
something?”
Bradberny
glanced at the
man keenly.
“Maybe,” he
replied.
“Stand over
there and
keep your
Me Opti Th
shut !”
Under _ the
direction
of the two
. ) officers,
"a *r by f tt tt ten hoboes
’ ih climbed
Des out of the
be ca? and
formed in
So 8.0 fees
gling line
along the
right-of-
way. Dif-
fering from the
comparatively harm-
less old-time American

“Welt, what’a ,

82 ‘AMERICAN DETECTIVE

tramps, these men belonged to the newer generation with
which peace officers now have to contend. More youthful,
more alert, infinitely more vicious, many of these modern
hoboes are of a distinctly criminal type. The limit of an
old-time tramp’s misdeeds was. usually the robbing of a
chicken house. ‘But the youngsters drifting ahout the coun-
try to-day, will commit murders, robberies, felonies of all
sorts, with as little compunction as the old-timers displayed
in wringing the neck of a purloined fowl.

In the glare of the white-hot sunlight the two officers
surveyed their men.

While the minds of both were going over a list of men
wanted for various crimes throughout the country, each was
also concerned with his own particular duties. Since the
freight: train contained a number of refrigerator cars, Brad-
berry looked for suspicious bulges in the hoboes’ clothing,
denoting the presence of fruit pilfered from these cars.
The breaking into of a refrigerator car even to steal one
piece of fruit, may mean a loss of thousands of dollars to

a railroad company. Warm air enters the car from outside, |

melts the ice and often destroys a fortune in perishable
fruit. Beckstrom of course, sought for possible illegal en-
trants and smugglers.

As Bradberry and Beckstrom glanced at each man keenly,
they mentally checked off each item of description. The
officers noted that this was a youthful bunch, the average
age of the hoboes hardly exceeding twenty-five years. The
railroad trespassers shuffled uneasily, muttering under their
breaths and evidently ill at ease from the sharp scrutiny.

After the officers completed the visual: inspection, their
glances met and they shook their heads slightly. This meant
that none of the youths answered the description of any
wanted man and apparently there were no illegal entrants
among them.

“All right, we'll frisk ’em_next!” Bradberry said to his
companion.

At this, two of the men in line looked quickly at each
other with a half-scared, half-defiant. expression. Their
bodies tensed. Well they knew that if the officers found
weapons on them, they would be held for further investi-
gation as suspicious characters.

The two hoboes gave one furtive look around. There was
no chance to conceal any contraband article. Standing well
away from the freight car as they were, neither car nor
track offered a possible hiding place and the right-of-way
itself contained only sand and small stones.

The dry desert air suddenly became charged with deadly
menace ! :

As the officers began a methodical search for concealed
weapons or other illegal articles, the crowd of hoboes milled
about. The movement was aimless on the part of most of
them but in the case of two of the trespassers, it was done
with design.

Passing his hands deftly over the clothing of the first
man, Bradberry brought forth two objects from the youth’s

The peculiar thing about this case was

A few feet
dropped by +
some leather

the number of leads that confronted = |}
authorities right from the

2 T iminal’ ‘
start. But when it Nie matin ise
came to catch- 4 running across the sole
toe, two diamond-sh
1 n g& t h e marks below, another b
. . three more diamond-

crtimind l shaped marks, and

below them a
— that was third bar.

a different
matter
entirely

pockets. One was a
large, juicy grape-
fruit. The other a

mur derous-looking

blackjack.

“Nice boy!” he
commented drily.
“I suppose you
broke into a re-
frigerator car.” He
turned toward his
fellow, officer,
“Hey! Take.a look’ .
at this, Beck!” :

Bradberry. tossed
the blackjack to
Beckstrom ' and
stood holding the
grapefruit in his
hand.

The border’ patrol-
man caught the
weapon and_ glanced
down to examine it.

At that instant hell
broke loose on the Ari-
zona right-of-way !

The man whom the
border patrol officer was
starting to search,
launched himself vicious-
ly forward knocking Beck-
strom off balance. Beck-
strom staggered as _ he
reached for his gun. At
the same time he heard the
voice of one of the hoboes
from the other end of. the
line.

“Put your hands up, you
dirty coppers !’” sss

Even while he drew his gun
from its holster, Beckstrom
caught a glimpse of the hobo who
had spoken, holding a gun against
Bradberry’s back. The man had
managed to circle behind the rail-
road police officer. and apparently’ had
him at a disadvantage.

Beckstrom’s own antagonist was trying to
wrest the officer’s gun from his grasp and in
self-defense the border patrolman’ shot. The hobo stag-
gered back wounded and Beckstrom whirled to help his

Dr
Sheriff’s deputies
moved the prison

% mt ae % , i . 1 pte ge ye x 1S bey m i Pe
‘dine are th ; a par’ mse + 4 4 5 3 ee »: a ae ei, vy? stig Secs Fp ¥
Re ae 3. | Bite ae C Rs dee eo ie pats by?
2 wee whe c ( at s Whi Ape a ene: coe ey
e) Fhian Pill. Pug: LORres tors caine Pe ips 9
; L | + : ea a m. Oy ges ii Z , Ye >) TPE d
‘ iver ll, paras ae ny phere t

: oe 3 ¢ ‘ y & hey cea * , %* a : } '

La + Box Bt :

4 se eee

man who hed ae nw
ie man “hunt. followed, « pre 4
- of Willtams Jeaving their,
ons and arming’ with. rifles

armone. -

etal , to join tle chase. Lake a

HANTS 3 ae fronier days, was the Hunt
Pye» ensued. The fugitive’ gitally
Pmared in a little frame Hopée on

= anaing Suxirts of town. Here. & ‘battio reyat

H piace, both sides: oxztienging ehot,~
‘g +. until the shad “was. riddjed hi
Aaeechh bu.lets. Later, relnforcea by af’!
et - E of county officials frem Fiagstatt. 7
& p PE se pouse was rushed. ané Torres” capt:
i 4. He was taken to the jaD fn Wlag-|*
mercia al Hotel as et since feeling ran vigh-agetnat hire j*
| md
|
n

williams, and it was co dered’ un-|

ust to leave him there. The murdered) .

MATS ie was of the considerate, quiet king
S ee ‘a whom the old-saying might corectly is
un.-We i ve ‘applied—"“he numbéred hid. friende}./

ZE NOW op " ig. bis acquaintences’” and = there was

Su JERSEY PETTICOATS .

| Pestleoats ot al Jersey silks, “g

leated ruffle, Tiniahed with
‘tenit ee be anh :

: tee se

, talk of lynching.
‘Suring the trial later. Terres admitted ia
g guilt an added that he ‘cogid have). f
ned’’ the other officer end -wighed| © the
had.” Both hig perenta featified) +Tiii *
inst him, hs mother stating that he

: 4 long been. incorigidle, and pis father) |
ie pressed the hope that at jeast a fe H
santerice would be given: Strhplicte, in}.
jer to protect the lives of, others.’ A H
plea of insanity was entered by the We-
f@nec, but the clear,: rational: dtajled si
Rgescription of the murder, which Torres -

e
«

L) gue
bs
+

EXTRA HEAYY JERSEY *.

Petticoats of ve heavyweight Je

Féave, refuted that contention.
: “sey silk, made with deep accordias
pleated flounce, with fancy .ribbe

KEWPIE TELLS
be TRUTH ‘| reacten ape Values $8.9 ~

omy ........ -_

. es eaten) feoat seytmsens aged reer

4 : . ’ ’ ? APott De na
terpiece There will be many sportamen out fldh-
at a ing over the week-end, since the fieh aro a

biting so well that lust week almost ev- |

| sone came back with mensseyiis Tricolette Over Blouse

nerine Cecil Thurston
$250; Balance of

, » Nuw that the Boston Bloomer Gitta

Pave cancelled their games on their tour | A handsome. Richelieu aad hw

Mey back east because traveling conditions

vare more or lese uncertain as a resu't of | q stripe tricolette over hluuse-—a ug
the railroad strike, the Phoenix White wonderful value, in shadea af jal

one a

wre eae copen, roge, pink, urchid, sand at
eae A @etter Trunk ‘navy. A full $1006 valueS7. it

tor Leese. at the
Phoenix Trunk 1h | —apecially priced .

George C. Blaine:

murder in« Tueson, Arizona® was: the~

first inmate, and his scribbled;‘‘I wept,
when* I was-.born and every. day
explains why” stilllives ons | ge

There» were ‘hordes of
demoralized: and: dangerous classes, to
say: little of those-that: were laid down
with typhoid* and other. deadly
diseases: By 1885, one-hundred and
sixty nine prisoners had written checks
against: their fate. They. were flocked
by» seventeen’ guards; and; by. 1888,
three hundred and seventy-six inmates

jammed the inexhaustible horn of ”
plenty at Yuma.

The cells’ were built for two.
inmates, they were nine-feet square, -

but eventually six prisoners shared the

personal’ discomfort’ and’ belief that,
after all it is better to be honest and:
trust to: regular work; than to live the
life of an unmanagable.

During the daylight the prisoners

Simon Aldrete

were given. the freedom of the: yard,
but by night they were chained to <
heavy iron ring. embedded in’ the
concrete floor, The cells were’ pitch
dark, and only a ray of light would
appear= through an_ air-vent. in. the
ceiling. The:convicts swore that a few
of the sadistic guards would drop a
rattlesnake, or a deadly scorpion down
into the pit just to hear the screams of

The infamous cell block at Yuma = the adobe walls were.over
four feet thick making a break-out virtually impossible —
- although many. desperate criminals tried over and again.

the unfortunates trapped below.
There were no~ bunks, no
blankets. They«slept on the bare. dirt
floors. There was no mail, nor word of
hope from the: outside, therefore, it
was little wonder that many went
stark raving mad, and were usually
taken from the Snake Den to the
Crazy Hole...A. few even tried to
escape. Continued on page 10

7 2

Tom Kuen

PRISONERS OF YUMA

Cisto.-Ramirez had _ been
sentenced to 2% years for burglary. He
was number 1958. Ramirez had struck
up a friendship with Francisco Ocamo;
Number 1922, who was serving a life
sentence for murder. Both men had
been on their good behavior and were
permitted to join a work detail.
Everything was well planned in
advance.

On March 6, 1903, as daylight
began to struggle into existence,
Ramirez, Ocamo, and several others
were marched out beyond the walls
under heavy guard to cut down the
-high weeds along the swamplands that
embanked the Colorado River. To
offer an insight to the fearless neature
of Ocamo, he once had distinguished
himself greatly’ by his bravery in
endeavouring to extinguish the flames
that had entrapped a family, and in
doing so, burned his left hand rather
severely. This was years before he
became a murderer.

The time seemed right. Hamires,

10 WESTERNER/Spring, 1976

clean-shaven and the younger of the
two, nodded to Ocamo, who
grudgingly turned on the guard nearest
him, knocking him to the ground, and
the two men were off and running
towards the high grass of the vicious
swamplands. A rattle of gunfire from
the other guards, cut down Ramirez,
who was dead before he hit the
ground;
Ocamo, who could run like an ostrich.

Several hours later, Ocamo was
brought back to the hospital, his leg

shattered by a scatter-gun, had to be

amputated and he died on March 15th.

With six living in one cell combat
between two rivals was easily arranged,
and the _ result was seldom
questionable; or if it were uncertain,
the relative powers were supposed to be
equal. Therefore, when John Brown,
Number 1543, wh was serving 20
years for murder, was thrown in with
Tom Kuen, Number 2403, who was
Serving 4 years for an assault with a
deadly weapon, the following result
seems to have been inescapable.

John Brown was a large strapping

man who sported a_ drooping

and the chase was on for

Elena Estrada °

mustache. Large enough, and mean
enough, that he had created problems

often insurmountable for the much

smaller cell-mate, who tried to Slay.
out of his way.

One night, we conclude, Tom
Kuen decided he had enough of
Brown’s antagonistic character, and
lacking compassion, crept over to
where Brown slept and beat his brains
in with a rock he had smuggled in for
the occasion. Therefore, on _ the
morning of October 3, 1906 Brown
was found dead and Kuen who was
fast asleep beside him had to be
awakened for breakfast. Faced with a
hanging sentence, the little Chinese
man hanged himself on October 7th. It
isn’t ascertained whether these two
men shared a cell alone, or whether
the other inmates just minded their
own business.

Seemingly, some prisoners did get
along together, and used each other to
their own advantage.

In one cell, Number 1113, C.E.
Hobart, a clean-shaven man, with a
high forehead and rather handsome
features, was serving a life sentence for

UBILLOS, hanged
JX ne 15, 1905,

the: classi ication. of convicts while: he:

% toe operate, but) which ©
operated: with the precision. of: a ‘Duteh
gem¢ cutter; and* could: spit” out. 355
deadly: bullets per minute. a

The early... ‘wardens;" “of which :
George: M. Thurlow was the first, knew

nothing: ‘of. the. state of morals in the
prison;. they- ‘seldom: saw any- of the.
“prisoners: in: private; they never knew -
that: any. of them’ had. been sick: until
‘they: got- a> warning: to attend their
funeral. “Mostly; the: prisoners arrived:
‘dirty, miserable, ragged, half-hungered,
-and-in-a condition altogether pitiable.
‘When, and if, they left the prison,
their: condition was even worse.

f Willian H. ‘Hall who: committed a a

hurried Short to the Sonora Town jail
two miles away.

Thirty-six hours after Short led his
companions in their desperate break for
freedom, he was back inside the prison
walls, Warden Edwards ordered him
placed in the death cell for safe keeping.

Lazear, given at first less than an even
chance to-live, survived wounds called al-
most always fatal by his doctors. And
Ruiz was back on the job ten days after
the break. ‘

As Assistant Warden Alf Edwards had
predicted, Columbus Reese walked into
a trap laid by officers at Benson, @ small
railroad town near the headwaters of the
San Pedro River.

On June 27, Archie Lee Short was
your rank, your pay, your job, depend in part on the brought from the death house to —_
grade you achieve. A high mark helps you toward the trial in Pinal County superior court for
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l — Bin will return the Defendants in the case, who were re-
| ucts epee sevped- | cently prosecuted in New York City by
| BB pee: $1.50 plus postage. 1 a United States attorney representing
| tC)! 4 $1.50 (post | the war frauds division of the Depart-
is free). ment of Justice, were the former repair

K “)Send me speci | $ H

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11 1 eetexe edition, 1 will pay | shop superintendent at Fort Dix and a
A postmen $2.50 plus postage. \

eee

AMAR i dch oc cccne ca cgndesesee esas snedeteceees

| paras warehouse testified that they had com-
\ DORESS....--- er ererrrtt’ Pee eS hl plained repeatedly to the superintendent
| ATY..... +. ee Wane b deena STATE..-2220007 that new Army overcoats were being

Fe dn saben coal ce oe ane SENET

business.

second hand clothing dealer in Brooklyn.
Service men employed in the Fort Dix

moved out as salvage and being sold at
22 cents a pound. The defendant, they
declared, told them to mind their own

The government charged that the sec-
OF YOUR FAVORITE PHOTO ond hand man obtained more than 600

we will make 0 | brand new Army overcoats in this fash-
‘| ion and paid the repair shop super-
ani | jntendent a bribe for his part in the
largement in «| transaction. Both defendants were found

schools offering technical courses, that
enrollees in these courses will obtain
deferment from the draft.

Checked on Blind Ad

Prospective draftees should be exceed-
ingly wary of such claims. The defer-
ment mentioned in most instances is that
given by the Signal Corps of the U. S.
Army under certain rigorous conditions.

It has nothing to do with the selective
service boards.

The Office of the Chief Signal Officer
in Washington, D. C., has expressed dis-
approval of any such representations
and advises that interested persons
should consult the Service Command
Signal Officer in the corps area of their
residence before signing for a course.

An example of how the National Bet-
ter Business Bureau was instrumental
in putting a stop to such misleading
advertising in one instance comes from
Kansas City, Mo.

The advertising manager of a small
Missouri daily called the Kansas City
bureau. He declared that a blind ad in
his paper asked for 50 physically fit girls
for work in a Wichita, Kan., nircraft
plant, the implication being that their
training would be given them in this
plant.

A check on the source of the adver-
tising copy disclosed that it had been
supplied by the representative of an air-
plane apprentice training school. This
school was found to have no direct con-
nection whatever with the airplane plant
in Wichita, or any plane factory any-
where.

-At the instruction of the Better Busi-
ness Bureau the advertising manager
withheld all replies to the advertisement
pending the elimination of the misleading
features that appeared in it.

With the rapidly growing custom of
community service day celebrations it is
deemed wise at this time to wam against
the everpresent swindler or fly-by-night
promoter who tries to sell you “the only
official service flag, the only one really
recognized by the US.A.” There is no
such thing as an official service flag.

Other high pressure artists, working
along similar lines, have been currently
preying on the patriotism of business and
employe organizations whose members
have entered the armed services. Their
specialty has been to take orders for
elaborate honor rolls bearing the names
of the firm’s men in uniform.

Z ,

% natural, life-like col

STITT FREE FRAME ¢ t on the table or % ra

et ie ; dresser, Your original returned with guilty and are awaiting sentence. The cardboard, metal and paper of

rie cK enlargeriatt ated tw te Ide for return malling Two contemptible would-be racketeers which these honor rolls are made can
HOLLYWOOD FILM STUDIOS i cre li ine rece . * ; » " “

7O21 Santa Monica Bivd., Dept. 647. ‘Notliywoud, Callt. in Miami, Fla... were likewine recently be purchased for a few cents, yet pe d-

u Hie eee brought to justice through the honesty dlers have asked and obtained fantastic

there.

PosT YOURSELFI it pave?
3, | i paid $400.00 to Mra, Dowty &
2 jof Texas, forone Half Doll
tr artinof Virginia $200.00
fore 1g pe Cooper. Gent. Mr. Sox
Manning of New Yor $2,600.00 for
oneSilver Dollar. Mra.G.¥. ‘Adama, Ohio, (4
received $740.00 fora few oldcoins, I will pay big prices ¢
for all kinds of old coins, medals, ‘bilis and stamps.
§ WILL PAY $100.00 FOR A DIME!
ned 8. Mints $80.00 for 1918 Laherty Head Nickel (oe Raffalo)
i 4o for

f ath i ts colina.
Peer Macha ne BNGar aN hae bert: At
ro.

and the other $450.

BadaX MEHL, 412 Mohi Bldg, FORT WORTH,
(Largest Rare Coin Establishment io U 8.

and alertness of an Army officer stationed p

These two sought to enter into a deal
with the Army officer in connection with
a plan to sell promotions and permanent
Miami Beach assignments to enlisted men.

It did not take a Florida jury long to
convict these fellows, both of whom were
Miami Beach businessmen. They were
sentenced to 15 months each in the fed- man, many of these so-called honor rolls

eral penitentiary. One was fined $3,000

A recent racket which appears thus
far to have been nipped in the bud
by the National Better Business Bureau,
is that involving the claim by various — tigate.

rices for them, running as high as sev-
eral dollars each.

Profits om such items invariably amount
to several hundred per cent. This al-
ways comes from the pocket of the cus-
tomer who could do as well if he sat
down at a desk with a scissors, a paste-
pot, a 10-cent can of paint and a brush.
As in the case of the service flag sales-

are represented as being official, or gov-
ernment approved. There are no such
items that have ever had government

approval.
Remember—before you invest, inves-

HEADL{AQE DETECTIVE

LaFran
entire
officials
LaFran.
the sta
guns; h
keep oO!
costs.
But t}
In Janu
to the
tectives
still ali,
see the
man wh
eral de
around
kenny, b
eratives |;
One w
that Mrs
tickets fo
Charles,
~ Her trun
several }y
uled to le;
Enlistin;
the privat.
office and
ton keys.
In the 1
found a gx
something
the probe.
man, had s
returned t}
Aside fr.
nothing in ¢
Whe
out of
evenin
same Pullr
children, N
during the t;
town, Fulle;
Over to two
up from th.
the detective
Mrs. LaFr:
ents’ home
time was s}
resembling }
of that perioc
accompanied
brother, Sam
detectives we
But in the

other blank
den saw a shy
Night, and the
the children
more their p,
; In the Calif:
tives turned {!
another men).
zation; astute
. We wish ,
but if you ¢
people, you're
are!”

From his st;
of the case [1
the facts about
France and th,
woman who ha
Like State De

MARCH, 1943

the
Cos-

ically.
s not
that
have

e’s a
ut he
v one,
Ches-
orical
dish-
don’t

sic in
clives.
d met
after-
itation
ilmast
‘s.
of
2 tge

ir car
‘arther
s from

lirectly
tective
» them

u paid
re Joe
« dish-

pur-
in and
“Sure,
‘e’s not
have
‘+h him.

s type
asked.
Want

rs was
iinute,”
return
to tip
we get
a trap.
at least
hasing.”
y quick
n with
planted
shington
e would
he inn-

iths

*TECTIVE

took up bosts in the inn, and Costello
and his colleagues left to Prowl the FUGITIVE CONS
city’s taprooms. If Clark were a bar
loafer he might Possibly be hanging out (Continued from page 37)
na local Joint. An all-nignt survey
of taverns netted the investigators noth-
ing. t dawn they had covered every ore conveyors and ghostly steel frame-
place in Chester. Gloomily they re- work of the Ray-Hercules Mine buildings
turned to the Washington House, cast the distorted shad
Inconspicuously the three Philly men Over half the town, The
joined the Chester detectives there, de- formed a mountain-like b
termined to stick it out until they were the highway to Sonora Town to detour,
certain Clark had left the locality, The citizen officers spread along the
awn was brightening into full day- wash and moved slowly forward beyond
light when a signal from the doorway the town, Ray Hunt, youthful business
attracted Costello's attention, McCarthy man, and Sam Carey, a timberman of the Here, at fast,
drew him into the hall. “The Manager Ray Consolidated Timber Mine, circled ho
Says Clark: has come in. He’s jn the the slag dump.
kitchen now!” the Chester Officer whis-
pered,
The detectives hustled into the inn. The
manager, solemn-faced, met them and

shi 0Int b boint, how to
‘ € the dimeulties which, may
goa

Cals you seek in marrieg Mfe, in friend-
Murderer Bagged in business. treasure-house of practical
and ng erience, isa

ora

m ~send to everyone

Suddenly Carey 8ripped Hunt's shoul- vno 1s groping way Out of trouble,

der and Pointed to the abandoned mine iF you HAVE
: buil ings, “Somebody's up there,” he

Costello’s eyes inspected the dishwasher

Whispered. a TROUBLES!
from head to foot. The man stood with

Hunt strained his eyes. He saw a fig.
his toes Pointed in! ure dodge behind one of the steel] Pillars, ve tas atten
Hands on their guns the detectives “If we 80 up the other side,” Hunt said K ¥e wana iy
in a low voice, “we'll be in the shadow, thy Toe! nee
Come on,” Ft

pe.
het theotr

+ Many
Mer
“

have ren lornm
somehow,
it

et toe
bolyannn’,

(he name
Ppl nemny

kitchen, but there was no escape.

Henry Rauch, another cilizen

The Suspect was taken to the Chester 1d also seen the figure on top of the
Police station where he was formally mine dump. Rauch called for help and
turned over to the Philadelphia authori- the posse assembled at the base of the
ties, hill. One excited man Suggested circling reat em, me

On the way up to the city Costello did the hill and then closing in, which wed Sal tet dnt Bengal ali troubien
some nimble mental arithmetic. He had idmore and Prison Guard John Ear] Overconne, it irene f. My appeared, hoe gre!
mace an arrest, but the evidence against who had been Summoned from the cam RE ar ce MR

Clark was purely circumstantial, There below Kelyj
were no witnesses to the murder of Ella Sides we have no way of knowing that
Parker, Only a confession from the killer i i
would serve the ends of justice, Would ’
Clark incriminate himself? While Skidmore spoke, Ear] began to
“Why did you hit her with that candle-~ i
Stick?” the detective asked quietly of ings. “Keep those hotheads quiet,” he
the man handcuffed to his wrist, He felt called to his Partner, “If that’s the killer,
a sudden jerk on the bracelet and saw Rai
Perspiration start on the brow of the
suspect,
“Candlestick?” Clark sneered. “What

troubles (to their ri do size,
how important oF unin,

Everyong who has
real—put netually man JUNE neve
only tricks of

In the meantime Hunt and Carey had
circled the skeleton of the old building

and moved cautiously toward the con- avolda” compiienuene™ lnc
are you gabbing about, anyway?” veyor belt, rey UF ara mon of yout
Costello Shrugged. “Makes no differ~ Hunt, in Mbhiad a ¢

the lead, whispered, “There,

ence to me, You don't have to talk, under the conveyor,”

I'm just naturally Curious, that’s all,

WARTIME TROUBLES

The War brings to atl of us new

“os . ” “ ’ How are you handling wour wartime “Tounteny heron.
I can see him, Carey answered, “Let’s ord, Your” tran gaia how Mit tonne book “Thin
mains funny that any big fellow couldn't go," cimigung tonal mnat ee eg aa RT
just hit a woman and snatch her week’, Fearful lest a Misstep send a shower of nd have a iiientions emer didteuit sways “op! Stilt
pay.” boulders down the hillside and betray ech Zot eae on nt aye your own hapieenert and
“I didn’t touch her! She gave me the them, they inched their way toward the
money .. .” Joe Clark's mouth Snapped figure.
shut, but not soon enough. He had On the other Side of the hill, John Bele you withone youre le One Cand f ts and yon
trapped himself. “Okay,” he muttered Earl, making no attempt to hide his ap- | senuble y on nme, Se pth June man “ll, be
when he saw that the game was ended. Proach, neared the summit. ase Bomtmaan omy ar OTe PtckaKe. arrives
“Tl tell you how it happened.” :

ew cents postage
The figure under the conveyor strained reruplen: Zeta ein igen nid yoga yor
He related how he had met Ella Parker forward. Hunt and Carey saw Something

in the taproom and offered to fix her bag, bright 8lint in his hand

i €Y raised their Own weapons, “Drop

your gun and come out with your hands

your money wit} he

Y FREE Rite iven to everyone
a trapped rat. It was Preposterous enough Taken completely by Surprise, the man vals Ret the Feri Fait ay eu e
to assure Costello no jury would believe yed quiet spired thtntsang a Aterscat att the tan Me US
it He relaxed in his seat, knowing } t of ayeuuve's 22g te yg Dhar i amnz tig at

Ow
COSAY! Om Rg i} rein’? 2D man other UPTiftin,
writings, Yourn Feb

al
ow bor you mail the coupon with
your name and Are mat
tation moony page qt eee ST
y BA RBIZON BOOKS Dept, T107 1
y S8—Filth Avenue, Neo York City 5

q Please send me for rok! Approval a
ro. SA War! ime @
rt

zear. He admitted
Hickox and tried to bargain

for mercy by offering to lead the Officers
Russell, alias John Hughes, alias James to the Place where he Said Reese and

D. Wolfenden, was in reality Russel] Meyer were hidin

1 Eoin Sa te tang 3

Wolfenden whose crime Career was as With incredible Swiftness word of the B Shanice ie ny Ht anthony Keep the hook
varied as his string of phony monikers. capture Spread from lip to lip. Even be- | 4 oF initial t Pee rans 1
A jury convicted Wolfenden of murder. fore Skidmore and Brogan ad placed | $0 ccc :
Judges McDevitt, Crumlish and Bok Short in their car ere was open ‘and “es
Sentenced him to life imprisonment in enthusiastic talk of lynching. Lest the mine ie Sea est Mec, '
Eastern Penitentiary on March 10, 194). talk resolved into action, the Suards | 8) We vay wmiawe ie you'e, meee: Mark trom, 8

——— oe Oe Ot os oy

MARCH, 1943 51

aken

ant

16
and
idle

ith-

was
“ning
elvin.
‘hey il

sheriff
in the
ff the
, reedily

cks led
headed

e would

s. Prison

i to lead i
r guards
‘the third
yottom on
ne to the

wards an-
is going, to

yrim pur-

t left there
» scent and

ollowed the
etween “

> beyonce ’
al to their

- discovered
unced. “Two

se had gone
teal get help
need it,” Skid-
w the one who

couble following
rediscovered the
hoping to throw

urged his es

managed to get

le saw him ‘

e they
heads.
he called.

HEADLINE DETECTIVE

REPORTED, BUT THE DEPUTY DIDN’T DRAW QUICK ENOUGH

The man dropped his weapon and he and Van Winkle
raised their arms.

Two posse members who had been covering the river
beyond the trestle arrived in time to help Sears complete
the capture.

Van Winkle and Johnson were returned to the prison,

All night the mounted pursuers followed the hounds on
the trail of Meyer, Short and Reese. By morning the scent
was‘cold. The weary men assembled once more in Ray.

One base camp was established in a wash below Kelvin.
A second group of officers established headquarters at
Ray. Edwards ordered his men to cover the riverbank, the
towns and the railroad.

Starting where the truck had been abandoned, trackers
picked up the trail, All day long they traced V-shaped
footprints. Sears, Skidmore and Earl followed one set
over the ridge and down into a wash near Ray. Here
they lost the trail. After hours of useless search they
gave up.

Another group of officers picked up tracks which they
felt sure were made by the Negro. They followed them
along the railroad cut to Ray and into the hills’ towards
the junction of the San Pedro and the Gila Rivers where
they disappeared on rocky ground.

At headquarters in Ray Edwards checked and sorted the
reports from the trackers. At dusk unrewarded hours of
searching had discouraged some of the posse.

With colored pencils Edwards marked the known trails
of the fugitives on a highway map. Turning to Sheriff
Laveen he said, “Looks like Reese is heading for the San
Pedro. He'll follow the water, stealing food from the goat
ranchers along the way. He threw the hounds off once
by walking in the river and he'll probably do it again.”

“I'm going to ask every officer between here and Benson
to watch the river. They’ll get Reese when he tries to
come out to the railroad or the highway.”

Pointing to the other line on the map Edwards told
the sheriff that he believed the one man known to be still
in the neighborhood was probably lurking somewhere
along the Gila River in the vicinity of Kelvin.

“I've a hunch,” Laveen offered. “That the third one
doubled back on us the first night and followed the Gila
down past Florence.”

4
mi
;
i
q

(8
“
4
t]

ati ‘ PY
ee i aeaantnn SS me,
a ae ;

Deputy Slain

Edwards again split his men into groups. He assigned
one to work north and east through the rough country.
The others were to cover the ground south and west of Ray.

With almost half the available guards out on the trail
since the break Tuesday afternoon, Edwards was badly
needed at the prison. He decided to return to his desk
Wednesday night.

When the prison guards and peace officers had departed
the excitement in Ray died down. In the lone restaurant,
run by a Chinese in the tradition of the old West, a few
diners still conversed about the break, the only topic for
talk since it occurred.

At 8:45 that evening, Ah Kee stepped out of the kitchen
of his cafe into the main street of Ray for a breath of
fresh air.

At the end of a public tennis court, across the street, he
noticed a figure lurking in the shadow of Henry Rauch’s
store. The Chinese entered the Tavern, a bar operated by
Jake Staiger, where Deputy Sheriff Jack Hickox was
telephoning.

“Man hide in bushes by tennis court,” Ah Kee told him.

Edwards and his men had practically eliminated the pos-
sibility of any of the convicts being in town. But unwilling
to let any clue, however slight, go unnoticed, Deputy
Hickox stepped to the door. The Chinese pointed to the
slinking figure, barely visible in the shadow of the trees.

Hickox felt his gun in its holster to be sure it was free
and ready for action, then moved quickly across the
street.

Jack Hickox, former border patrolman and veteran peace
officer felt no fear as he advanced toward the bushes. He
didn’t draw his gun; he had seen too many innocent men
shot by over-anxious officers. There was time for that
when the other man made his play.

“Just a minute, fellow,” he called, as he stepped between
the cars parked by the tennis court.

A burst of flame answered his challenge. Again and
again the figure in the shadows blasted the stillness of the
night.

In the meantime, Jake Staiger, owner of the Tavern, had
gotten his own 45. When the shooting started he was
standing on the sidewalk. He saw Hickox fall and promptly
emptied his weapon at the flash of the
other’s gun.

Attracted by the sound of the shoot-
ing, a crowd congregated in front of
the Tavern. Jack Hickox’s body was
carried into a nearby building.

Constable Quain Kinsey deputized
every ablebodied man, and sent him
home for his gun.

death, 50 men, armed with shotguns,
rifles and revolvers, were patroling
the streets of Ray. People at the
movies were kept inside the theater.
Both ends of the highway leading out
of town were blockaded. Automobiles
were stopped and searched.

A quarter mile to the north the
abandoned (Continued on page 51)

Deputy Sheriff Frank Jordan and
his group of searchers found the
Hill in which the convicts fled.

Less than 20 minutes after Hickox’s ©

Se Teng tine

laut

title

ARMS With

ahs Ain}
mut tn if

_ be moves
ind on the
raw, gar-
There, in
e fear of

darme at—
expensive
has Galli
tin hace

hat nine
fre aroun

ceoarman's
= French
le virtuoso.

e ehest oat
foarhy who
» Chateau

for a long
tionary. ¢ca-

rart of "OD

he heyda)
f the milk
Leg "

£y

tate «10
hen Darby
hie car to
arhy. “han,
Yve to ask

itt be glad
int Charlies
tune from €4

» morn ‘
“aed pies,
nal) house
ame were
te firemen
city limits.

eoesty near
itself. As

d. the fire

rentens to
t« of Phoe-
rom of thee
anitants of

ciated his’
during his \S

evr efforts.

rned from ¢

—

;
¥

\
&

rN Spectators shuffled, jostled

wan sate four vears for a Yava-

“~@ Second time five days later.

; ig, the Arizona prison to complete
the

SHORT, Archie. Le
Short Expresses
Sorrow For
Crime
‘By Staff Correspondent)

ORENCEK, Apr. 28--

Archie Lee Short, 27-
year-old slaver of an officer,

nha was behind prison walls:

before he was out of his teens,

e,iemed aay his life at dawn
trian ca the high-backed chair of
the Soosete State Prison lethal
av efoenper, where 12 other men
fn taen executed for murder,
His death was not unlilke
those of many of the others
wha were strapped into the
same gas-chamber chair. He

tried te appear jaunty and un-
concerned, but he was nervous. |

"When it comes your time,”
he said, with bravado, “you've
just got to take It.”

Ihc farewell was oa verbal pro-'
tect ton nNewspapermen who sought
fo phategraph him on death row.
and ao semewhat feeble attempt
mM rApress sorraw for his crime
the murder of Jack Hickox, a
deity sheriff at Ray,

“Should Have Known Better”

“T should have known hetter.
he tnld the men who buckled the:
raps about him vet almost a
thrd of his life spent in state and!
federal prisons failed to teach him’
he couldn't outwit the Jaw. ;

Secured by straps across hi«
ankles, wrists and hody when
the deadly gas rolled up from
a pail at his feet, Short must
have learned In his Inst fleet-
ing moments of life the feel-
ing of heing helpless In the
face of death,

Such owas the fate of Hickox
when Short, fleeing Jast June 8 in

'
}
“f

he hecth escape from a penal in-
eteton shat and killed the Ray
feeoty oon the darkness without
meres hom the chance to draw his
xt amt hefore Hickox knew
krem me was challenging. |
Sees Chaplain's Face
Mee ng through a
wonders oat the witnesses a mo-
mertoafte: the gies chamber door:
Cammed shut re he began another:
Statement with. “Well, hoys—,”
Shes sae one familiar face, that’

Of the fev. LLambreth F. Hancock,.
Posen a haplaimn.,

Ne matted his goad-hy, tried to
tar comet ine. The Rev, Me, Han-
om sacred That was all. The’
foanote fomese «louded the cham-
per shert. strained momentarily

flarst the straps that held him. |

ne anether to peer through |
the large glass window, Short’s
head dropped to his chest. He
Sumped in the chalr. Some-
hods said, “That's all, hoys!”
and spectators hegan filing out.
Bo. and G. B. Steward;

eerste t death came in eight min-!
Urs he Seeonds,

ere

Yoornetome Missouri laborer who
hat oes an eighth-grade educa-
Ton Sects criminal career began
no when he was sentenced to

Von burglary,
He escaped in two months,

Facaped Again
more than two months.

Yier,

alee.

i “< escape he was sentenced
« “re five years in prison at
rants Ola, for stealing a car.

He escaped from that institution
‘n iexs than a year, was returned
within a few days, escaped again
January 25, 1932, and was returned

Subtequently, Short was releas-
td. He didn't learn crime doesn't
ie. He entered the Leavenworth.
06° Fedpral Prison March 17.
te 6. to serve two years for violat-
ne the Dyer act. Released there,
¢ Was returned February 11, 1938.

legs:
wmeesttiriad:

Sentence, and the break
eT Oda ee eee Bie Bak ue

white, ,asphyxia

(Capyrighty

he eae te
RINES

are now being

‘ reported off
the Canadian
coast. It will
‘only be a few
days hefora we

may hear
those olds re-
porta of mya-
terious lights
heing spy sig-
: nals,
f s e e

“US. Assures Fishermen Ans-
ple Supply of Trout.”"—Head-
line. Wanra bet?

o . e

This ride of Denys Wortman,
cartoonist, In the role of George
Washington, has some people
all mixed up. They keep wonder-
ing how Washington ever got
his cartoons ahead far enough
for him to cross the Delaware
and whether Wortman really
fooled Cornwallis by keeping
thone fires going.

‘entomologist,

-and Horticulture Wednesday,
was not disclosed umiil yvesterday,!

,of it.

‘

'
'

}
{

Dr. Bartlett
Is Ousted As

| Entomologist

Farmers Protest

Secret Act Of

Commission
DR. OSCAR BARTLETT,

dale, assistant entonrtologist

Yuma.

Dr. Bartlett's discharge, the first
move in a projected consolidation
of horder inspection under B. H.

McAhren, superintendent of

state.
Wednesday was ort
large RIASS dered ousted, effective May 15, and
‘will be replaced by J. I. E. Lauder-
at

d..Arizona (Pinal

The ship wae sald to have
heen damaged hadly in the
landing, In a marsh, shortly
after 9 p.m. (8 p.m. MST).

Residents of the island said the
airmen circled before landing and
the motors appeared to be func-
tionirg poorly.

Islander Reports Tanding

A telegraph operator at Shippi-

gan, on the mainland

the
an

landing. Lawrence
island resident, tele-

report
Vibert,

scene, saw the wrecked, twin-mo-

talk. unsuccessfully because of the
language difficulty—with the air-
men.

Vibert tonk food to the two men,
who remained hy their ship to
keep islanders from approaching

,too closely.

The Ottawa xzovernment ice-
breaker Montciam was ordered
to put out from Charlottetown
harbor to ga to thelr ald.

WEATHER IS HINDRANCE
The fliers took off from Moscow

.24 hours, six minutes before being

‘forced down.
, weather off the

Wet and = foggy
North American

leoast hindered them greatly in the
Hast few hours of their flight.

Several hundred persons, among

[ose Constantine Oumansky,

charge d'affaires of the Russian
embassy at Washington, waited for
several
; Field, New York City, peering at!

hours at Floyd Bennett

the murky sky.

motor vehicle division of the Ari-!
zona Highway Department, was ef.
fected at an executive session of the

but,

when irate citrus farmers learned

No reason wae given for the

‘discharge. though it was
learned from reliable sources
connected with the citrus in-
dustry that Dr. Bartlett was
removed because of his activity
tn opposing a bill before the
14th legislature to transfer the
horder stations to the highway
department.

the forced
for Oumansky said the fliers weré
“continuing to broadcast
cow,” but the nature of their com-
munications was not disclosed,

When the fliers did not ap-
pear early in the evening,
Oumansky began broadcasting
weather reports to them over
regular commercial broadcast
lanes, and auggested that if
they were encountering
weather difficulties they might
land short of their goal at
Hartford or New Haven,
Conn., or Boston.

They had wanted to get to New

the -vork in time for the opening of
the world’s fair Sunday.

and -the

Soon affer the announcement of

Janding, a spokesman

Rescue Plane Warmed Up
An amphibian plane was imme-

diately warmed up at Floyd Ben-
inett Field ready to go, if needed,.

‘to the assistance of the russians.

It was understood his discharge,
was proposed hy Joe C. Haldiman,)

a commissioner, and

was carried)

out over the profest of Ray Ward.|

Yuma member named by Governor,

McMicken,
ig chairman of the miles meant a chance to dramatize Germany without giving up “in the
'Russia’s participation in the New slightest degree,” her sovereignty in!.
(the Corridor—which is the only..

Jones. Kenneth — RB.
Litehfield Park,
commission

Administrationists deseribed
the move as one of the gover-
nor’s major economy projects,
pointing out it will eliminate
duplication of effort at the
porta of entry and also put an
end ta inconvenience to tourists
who enter Arizona.

Governor Jones later yester-
day said he had nothing to do
with the discharge of Dr. Bart-
lett and never knew it was

contemplated.

{

He said he had told Mr. Haldiman.
and Mr. McAhren to go aheaa with
the consolidation with the under-

Even with its premature
conclusion, the flight went Into
the record ae the first non-
atop hop from Russia to North
America via the Atlantic,

to Mos- ;

) 4-28-1939

Mr,
> pilot, and his radio operator-navyi- . peal
gator, Maj, Mikhail Gordienko-. - I D d
made am forced Janding on the is- It er eman S nt
land tonight. | ing in’
| ‘The island is at the northeastern ' -,
Jfipoef Mew Brunswick, in the Gulf. Meet Sharp oe
of St. Lawrence at the mouth of . ' neonlell
Hay Chaieuc. whnnel
One Ia Injured e usa jhe to '
One of the men was said ta have war hat
heen injured probably ao broken mankin
rib-- but his identity could not he ARSAW, Apr. 28— (AP) and ju
ilearned, as neither of the men! ; if} ' Far
spoke English. i ilit Poland See ner treaty
; ‘The other flier wae unhurt. ,military precautions tonight ' waged

ito back up a declaration that alone,»

sure,

' A foreign office
decision”
the Corridor would he accepted.
Resides denouncing the

through the Corridor

Prussia.

The Polish war ministry or-
dered extra precautions at the
Polish-German frontier where
many of Poland's 1,300,000 men
under arms now are stationed.
Military activity especially was
noticeadle near Daneig.

ipapers were summoned to

thereafter the
following:

a man burning all

‘These bridges fired certain
groups of people. with the hope
that peaceful co-operation be-

tween Germany and other
European nations still was
possible. .

“Today's speech completely
destroyed these hopes.

jthe naval treaty

‘

elements of the speech.

she would neither yield any
Jerritorv in the Polish Corridor to
Germany nor submit to Nazi pres-'

official made,
known that “no one-sided German:
regarding Danzig and,

five-
25 miles: year-old German-Polish nonaggres-!
from the island, was the first to;sion pact, Adolf Hitler today voiced!

jhix first official demand for the!
return of the free city to Germany,
, phoned that he had been out to the; and an extra-territorial motor road
to connect)
tored red monoplane and tried to, Germany proper with German East

Political editors of Warsaw news-
tne
foreign office tonight and shortly
: independent news-
paper Kurjer Polski published the

“Hitler's speech was a speech of
his bridges—-
bridges that would have permitted:
Germany to avoid throwing her-
| self into the precipice of war.

“The one-sided denunciation of
(the Anglo-Ger-'
man naval treaty of 1935) was ac-
companied by demands for colonies.
brutal rejection of the hand bring-:
ing peace from across the sea andi
burning of the bridge uniting Po-!
land and Germany in the form of a
nonaggression pact—these were the, “intem

‘was cot
‘of the
i whose
‘also sp
In a
same |
tions a
by me
Gern

| sia has
militar
and ble
Agai
none ¢
cause
would ©
my ey
of wa

'to detis
jing the
the do
tiememt

’ “Sue

jister”

“The price which Germany de- men. -

mands for resuming the nonaggres- ‘Press
sion pact with Poland amounts to Were if

‘ iDanzig and our sovereignty over
The plane took a great circle part of Pomorze (Polish Corridor).

: te over the northernmost part. i
Arizona Commission of Agriculture pag Mucene: Greenland, P i This is the price to which

northeastern coast of North Amer-’

not a single Pole will agree.
The speech of Adolf Hitler only
will increase our preparednesa.
t “We will never exchange our
rights for a worthless scrap of

paper.”

spokesman said:

Farlier the Polish foreign office

Mr.
withhd!

; “Germany knows very well she Messag
‘cannot apply to Poland the meth- the of
ods that she has already applied in speech

Eastern Europe.”

The foreign office official
declared emphatically Poland
will not accept the demand for
the motor road.

But he did say Poland was will-
ing to offer Germany all possible
technical facilities for communica-

For Kokkinaki the trip of 4.A70 tions between the two sections of

York World's Fair.

Beyond that the flight had an- Polish avenue to the sea.

other purpose -an exploration of
the route to determine flying con-

}
}
!

}

He contended Germany system-

atically had prevented direct con-

jditions. Soviet government sources tact on the problems of Danzig and
loften have expressed a desire tos Pomorze.

see an air line opened between
Russia and the \'nited States,

Ea SSS

Solons Favor

Tax Freeg

ies
HM
rg

:®

a form

TUCSON, ARIZONA, THURSDAY EVENING, APRIL 23, 1936.

IEF, ROLLS |
LY CANCELED:

felegtamn : Today. ‘Does
_, Not Tell Reason
For Action:

on the ete of a cuit ‘ot ann) ‘men
from WPA ‘relief ‘rolte here a
telegram was recetved - today by
Peter Riley from Ray Vyne,. as-
sistant. admintstrator for Arizona.
ene fio further teductions in
Labo, .

WPra totie. how coal ‘oe 2590
tneti and women and would have
been cut tomorrow to 2,299 men
thd women. Approximately 1,000
nen and women have heen cut
from the tolls since prior to Jan.
1 when reductions. ‘vere. started.

A blanket order fot reductions
was giver at that time by Harry L.
Hophiis, hational aeitiinistrator of
WPA, and would have. resulted
iff Feduction of Arizona rellef work.
ofa by several thousand... The last i.
of the’ scheruled cute wad to be
ee Deapeitthe paul the

REDUCTION
|

“No explanation wat ficen be;
Vene in the telegram tut he ad-
vist Hilev a fetter. would follow.
However, the letter expizining the
‘ut had not arrived In today’s mail
from the capital and Itiley said hej.
lid nk “expect. the. vi dil Matis
antl tomorrow, ©

Riley “ested? no
turthet action in reducing relief

» However,”

rolié in district No. 2 of which he : se

.¢ director,. will be taken pending

further word from Vyne or W.

Johnaofi, state administrator. - Dis.
P24 “Pima, Coch

< Jainieson hae tet 1h Tuc fr
the: ast few days making & survey
ot Drojecth= in :thisdistrict.. nd |

atte. “nding a ‘fneetin g of the

Gets Approval,

co seine

* Snel. A ippre rbeed|
‘For Permanent?
GOP Chairmen’

as Considered Tantamount i

{tax bill

‘qform was

Debate On Tax'§

Brings | Brick: 7

thingie = Mali a i nta ae ns

Corporate Levy
- Is Che =

® commutation Of his sentence ta Alife .

(AP) —Opening battle for the!’
administration's : - $803,000,000

House today. its corporate tax re-
£7 ta

“ways: “and” means committee. was

4 | the ‘first xpeaker in:16 hours: of Tt
2 debate reheuled on the.

‘Intricate
MeHe page measure... -

- Following him. fteBresentaiice:

Treadway—as & Republican spokes:
man’ of. fax. matlers—cenounced
the legislation as a “monstrosity,”

Ahad An every ferpect.

Gommuities Recommendation | ‘Salt be large ‘tiohopolisiie tz .

The onl¥ berieficiaties,”he ‘la.
tions and high-priced lawyers and

atcountanta, “who will be obliged |.

to lead ‘their clients. through: the

{maze which the subservient Demo-
* | cratic majority have created to fur-
4 thet harass, business afd. ;

«| state board of Aap and paroles :
or Sack Sulet

a ar hie

[to escape death’ {n the state Pp

: WASHINGTON, ‘Aprit” 23, |

lethal gas chamber:: °
Gov. Moeur [s powerless
ton the board's recommend

Ror presentative |’: At
Doughton, (D., YN, ) told the

& otiviavita tr 1x3)

3 3 3 ae :
they “made # mistake,” and a letter |
j | from the presiding: fudge that Sullf-] f
oe: Bhoutd. have heen. cone icted of

“The “veteran chalrridei ‘ot thet

reThe. board . after. giv

the pleas offered came to. the. co

clusion that nothing hae fntervene

‘since the action of. the courts which

would cause, this: hoard: to interfere
: proceed

consideration to the. testimony and} fi

fost meh whe reported discovery
of the hody,. tas traced: er ike
oplece ‘of twine: found a

> *
policy of crop destruction, curtailed | *“- svuoud Oscar, O. FL MM,
food production and monetary tin-. I agree with his statement that the

kering. -: . condition of the Negro in the United

PAsahse

Ye auc saa aaa 80 ee,

carly Los
- Arizona

Fear

ash o Sever Tie \

Her Prince

a widespread, but futile, search
for Jack Sullivan, alleged slayer
of John Bradbury, former Green-
lee county sheriff and veteran Ari-
zona peace officer who died from
a wound yesterday morning, con-
tinued throughout the southern
Arizona district last night.

Police last night admitted that
the search being conducted for
Sullivan, 22-year-old transient, was
one of the most extensive manhunts
waged here in months, but refused
to comment on any one of the
numerous clues as to the alleged
slayers whereabouts which poured
into the Pima county sheriffs of-
fice.

Bradbury, special railroad officer,
was mortally injured

at Seb. &
Arizona, last Wednesday oe .

when he and W. A. Beckstrom, of
the federal border patrol, attempted
to apprehend two transients, said to
be Sullivan and John Vail. Wit-
nesses to the incident said Vail at-
tacked Beckstrom with a blackjack
and that Sullivan drew a revolver
and opened fire on Bradbury. Beck-
strom fired at Vail, killing him al-
most instantly, but Sullivan escaped
after an exchange of shots.

Bradbury was rushed to a hos-
pital here and for two days battled
for his life. Early yesterday morn-
ing, however, his condition became
so weakened that physicians gave
up hopes for his life.

Just about two weeks ago the
former Greenlee sheriff took the
stand in superior court here and
testified against Mark Henry, who
a few days later was convicted of
the first degree murder of his wife,
Bradbury's sister, Mrs. Bernice
Henry. Henry is now serving a
life term in the Arizona state prison
for that crime.

Officers here expressed the opin-
ton that Sullivan is in hiding some-
where in southern Arizona, and re-
doubled efforts to apprehend him.
All roads and depots were being
watched and a _ search conducted
through cheap hotels and rooming
houses where he might be hiding.

Although convinced that Sullivan
killed the officer, police here were
unable to find any motive for the
transient’'s action.

Bradbury, a native of Texas, came
to Arizona 30 years ago, and spent
most of that time as a peace officer.

Funeral services for the slain man
will be held in the First Baptist
church here at 10 o'clock tomorrow
morning, with Rev. T. B. Gilbert
officiating. Burial will be in Ever-
green cemetery. Fellow officers
will act as pallbearers. He leaves
a son, John Bradbury, jr., of Tuc-
gon; three brothers, William, Mark
and Barney, all of Willcox and
three nieces, Irene Kinnon, Salome,
Ariz., Clyda McCulloch, Tucson and
Opal Bradbury, Rolap, Utah.

Bring’s Funeral Home is in charge
of arrangements.

BRAZZAVILLE, Middle Congo,
March 16.—(4)—Six airplanes
swept back and forth across the
Congo’s jungles today in search
of Eduard Renard, governor gen-
eral of French equatofial Africa,
his wife and five companions, who
crashed somewhere in the jungle
district.

Grave fears were felt for the lives
of the seven since the district is
swampy and known to be infested
with cannibals.

A native of Holland, Mme. Renard
was the widow of Michael Win-
burn, wealthy American soap man-
ufacturer and philanthropist and
Paris society leader.

The big plane in which the party
set out on an aerial tour of inspec-
tion was last heard from at 10 a. m.,,
G. M. T. (2 a. m. P. S. T.) Friday,
when it reported by wireless it
was flying through thick fog, buf-
feted by storms.

PLANE FOUND, °
RUMOR 8AYS8

BRUSSELS, March 16.—(4)}—An:
unconfirmed report by the Agence
Belga from Leopoldville, Belgian
Congo, said tonight a missing air-
plane containing the governor gen-
‘eral of French equatorial Africa,
te wife and five others had been
Belgian :

found in a village of
Congo.

The plane was located, the dis-
patch said, in the village of Ikenge,
Coquilhatville province, District of

Tshuapa.

PERSHING SABRE TO
GO TO GROSSETTA

A cavalry sabre, to be present-
ed by General John J. Pershing for
the benefit of the Comstock Chil-
dren's hospital, was won last night
at the barbecue at the Country club}
by Warren Grossetta, chairman of
the Pima county board of super-
visors. The presentation
noted soldier will be made later.

Harry Berger, chairman of the
general committee in charge of the
affair, announced last night that

by the|-

| there was no doubt in the minds
‘of the committee that the amount’
of money needed for the hospital, ;
$2,000, would be available as soon as '

University of Arizona forensists
will leave Tucson, Tuesday, March:
19, on a 12-day tour in California, !

Oregon, Washington, Idaho and,
Utah. They will debate the affirm-!
ative and negative of the proposi. | “ampiete.

A | The steady flow
tion, “Resolved: That the nations: . _|
sholild agree to prevent the inter. {started at 2 o'clock yesterday aft

i |
national shipment of arms and mu- | ernoon ane Seed Gimered Geen’

heap night,
nitions. = boding good for the hospital
The Arizona debaters, Samuel S.' ¢unds.

Zlinkoff of New York City. (above) !
and Keith W. Loftfield of Tucson. pecue was not known late last!
(below) lag leat their re Oppon- night. as the check of the records |
ents at the University of Redlands, ,, ‘

Calliorals,, Merch 20, thes will des = "|
bate at Pacific university, Forest '
Grove, Oregon. March 23

The exact number fed at the bar-

Sam G. Bailie, state manager of

Many millions
zens are reduced to a standard of
living lower than that of the poor-
est paid European laborer, and yet
there are those who would reduce

that standard still further by favor- |

ing Japanese competition.

Hard working, thrifty, sober
American citizens who are forced
to apply for reliéf owing to condi-
tions over which they have no con-
trol, are asked to sign their homes
over to the county,
for a crust.

Instead of this being a nation of
home owners, it will soon be a
country of ‘government owned
homes.

It would be more to the point if
the Mexican government sent a
committee to Washington, D. C., to
investigate the brains of the powers
that be, on behalf of the poor white
Americans, who have been brow-
beaten so long that they haven't
the intestinal fortitude to stand
up for the right the constitution
guaranter them, than it is for
American politicians resolving and
passing resolutions anent religious
strife in Mexico.

W. L. BUTTOLPH,

540 Tucson Blvd.

Elks’ Hospital, Tucson, March 14.
Editor the Star: Many peculiar
things have I seen here in this
great southwest,*but none quite so
astounding as the recent childish
outbursts by certain citizens of Tuc-

son over an advertisement by the'
after,

Frigidaire company. It was,

of American citl-'!

in exchange -

i States is not the same as in Mex-
ico.
far worse especially in the southern
‘states. You speak of his constitu-
tional rights. TI will cite the Scotts-

boro case for one, another, the
lynching of a Negro in Mariana,
Fla., during the national convention
of the American Legion. The time
and place of this lynching was pub-
lically announced hours before it
| happened. No effort was made by
j local authorities to render protec-
{tion to the victim. This same vic-
' tIm was brought across state line by

force. which is in violation of
| Lindbergh kidnap law. This case
was brought to the attention of

Attorney General Cummings, who
| has taken no action. These condi-

| tions have existed for the past 50°

; Years. Now I ask you Reverend

! Father, are they receiving their con-
'stitutional rights? That ¢ n
_mandment, “Love Thy Neighbor as
: Thyself.” does not mean anvthing
jin that part of the United States.
‘In conclusion may I ask how can
; You remove the moat in your Mex-
ican brother’s eyes when you have
a beam in your own eyes?
Very truly yours,
WILLIAM DANIELS.
S. P. Sanatorium

CASA GRANDE MAN
HURT IN ACCIDENT

all, a mild statement of fact and/

since when has Tucson set itself up
as a summer resort anyway?

The published statement might
have added, with admirable truth,
that the fog of dust from Tucson's un-
paved, untreated streets not only
added to discomfort of patients. but
was a more or less serious problem
to those suffering from pulmonary
troubles.

I am told now that the nurse who
innocently gave this statement of

fact-is being persecuted by groups!

of doctors and nurses. "@.
These noble intellects are certain-
ly wasting their swectness on the

desert alr. The Nazi's in Germany }

could use a few more of this type.

Last fall I was told by a doctor}

in the east to find a warm climate
during the winter and that sunshine
was particularly essential. After
reading several flambuoyant and

the reports on the ticket sales were: Utopian advertisements put out by |

| civic-minded organizations of this
of the crowd j city and dispersed through the mail, |
I came to Tucson. Since last No- :
vember I have been able to take,

sun baths on about eight days.
Even so I had not thought of suing
these organizations for using the
mails to defraud. I am beginning

to wonder now if it wouldn't be ae

pretty good idea.
Sincerely,
MARTIN KRAL

” he Gils

CASA GRANDE, Ariz... March 16

Georve T. Lewis of Caca Grande
was critically injured early. thi:
‘morning when his car sideswiped
.a wood truck 12 miles north of here
on the Phoenix road. His wife. Iva
. Lewis of Casa Grande. and his
\ brother, A. D. Lewis of Mesa. re-
,ceived minor injurles. Mrs. Velma
' West, the other occupant of the car.
'was not injured. The two Lewis

boys are sons of Terry Lewis of
Mesa.

LONDON, March _ 16.-

The condition of the Negro is ' bara Hutton Is getting re

; vorce her Asia Minor prir
'Mdivani, after all.

A laconic announceme:
| from her hotel suite, whe:
been in virtual seclusion
arrived from Paris this \
‘her Jawyer had been ins
‘institute divorce proceed!

Only Thursday the \
heiress, whose fortune has
mated as high as $42,00
issued another of her mai
‘that her marriage was nes
“up.
' “We are very happy,”
then, “and have had no q:

She said definitely she
‘join her prince in Londo:
. “within about two wecks.’

Just why she Is divo:
prince, whom she marrie:
June 20, 1933, her brief

ans did not say.

* Her maid knew only th
apparently very upset an:
ed very strangely = sinc:
here.”

Tonight the prince war
either in Barcelona or
there in company with |
-Mme. Sert, the wife of th
painter,

RUMORS FREQUENT
IN BRIEF MARRIAGE

Barbara Hutton, the da
Mr. and Mrs. Franklyn
snd heiress to a large sh
Woolworth 5-and-10-cent
liens. was married to Pri:
Mdivani in Paris June 20

Less than a year later |
was steamirge toward |!
counsel the princess in a
had developed between he
husband. Since then rep:
estrangement have cropp¢
quently and have been
frequently denied.

It would require 165 «
of cloud to produce eno:

‘to fill an average batht

: ® Use

FOR BETTER KODAK PICTUI

Fresh Film.

@ Take your pictures careful
| ® Have

them developed

printed by Master Fini

WE ARE TUCSON'S ONLY STUDIO DOIN‘
KODAK FINISHING EXCLUSIVELY

Our Camera Department

Features Eastman Kod

and all kinds of Amateur Supplies.

Peed

BIVUA Fh’mr

[ PHOTO SERVICE \

LW art 2

is Jn district’
director, willK__ ken pending |
rther word from Vsne or W.
chnson, state administrator. Dis.
pict No. 2 includes Pima, Cochise.
inta Cruz, Pinal, Graham and
reenice counties, :
Jamieson has been in Tucson for
fe past few days making a survey
projects in this district and
‘tending a@ meeting of the state
calth officers. He returnent to
Proenix fast night but advised
Riley he would return here prub-
hy tomorrow to attend a meet-
ep of the Americat ec de of
Pivil : Engineers. (7 “

PHOENIX, Aprit AP ao.
Jamieson, WPA discon: for
Arizona. ahhounerd today > the
‘orks Progress Administration lay-
{, Marted six Weeks ago had heen
impleted and thete. would le no
itther . reductions... ‘

“We wired the bigger dtdtict

ffices includihg Tucson and Pres:
¢-there would- be-no-more-Fe-

uetions.”: Jamieson said. :

Over the six-week petiod “the
APA lists were reduced toa 14.

eB men to 10,00. - ae

‘EW MAN IS SWORN
N FOR FINANCE JOB

WASHINGTON A; Apri 2. tap —
1 officer. who. area from private
Major generat in 28 years was
ly in today as the Army’ 8 new
: ifs finanee. -
is major. Gerierai_ Frederick
ic thathen a hative of Brooklyn,
¥5 who succeeds: Major General
rederick : .W. Coleman, now on
ave pending tetirement from ac-
ve duty i September. At that
meé, General Coleman will become
wetnof of the daa geet in
Facade ce Se

{ISSING: ‘Sits Ed
S$ REPORTED SAFE);

CAifto,: Ent. Ap “Aptit 24. (APy-2
he Reuters Havas news
rencles reported oda that Baron
hethard. von Stohrer, . German
inistet td Egypt, had heen found
Nive and int good health by @ plane
atching near. Bahari einer

haro vor Stohrer Was teported
lasing In the desert. when” he
ited ‘6 teturni Saturday trom Ra-
atia, where he had gone to attend
‘@ foyal automobile races. A se.
“re aand etarm had awept: over
-e area into. which he had ol

inTIHS ‘OUTSUMDER

p)—|
: ennd eas

4 of which he

o Appointment.
CLEVELAND. April 23 rye
Rep. Bertrand Snell, of New York,
Jast night was recommended for
Permanent chairman of the Repub
lican convertion by the national
committee on arrangements, which
concluded a twoday session here,
The recommendation -
House minority leader for the same

post he occuplet at the 1922 con-|-

teniivn was cuonodered tantamgunt

to appointment, inasmuch: as ther
wan talc in the Seriate of boosting
the bil)’s proepective revenue yield

permanent .. organization -«. usually.
follows the suggestions: of the. ar
tangemente group.

Thus, the selection of Shelt pave
ehairmanships to both the east and
the west at the convention opening
In Cleveland June 9. Tuesday Sen.
Frederick ©. Steiwer, of Oregon,
was chosen ~ temporary ehairman
and keynoter..

aoe “Appolntments” Made. peer
The arrangements committee, be

fore: adjourhing-tntit-tune 4; made
the following appaintments: »
fohn Q. Tilson, Connecticut, for:

Representatives, parlismentarian ;
Lehr Fess, Yellow. Springs, 0.
son of former Sen. Simeott D. Fess,
assistant parliamentarian: =.
Maj. Robert E. O'Connor, West
Virginia, serpeant-at-arms.. 69%
Samuel Lewis,: of Pennsylvania,
assistant sergeant-at-arms: jo. 0:
George Kinsley, of. Chia,
Besistant sergeant-at-arme. ~ s
Lee Nicksom “of: Indiana
ade of press arrangements,

GRAND JURY NAMES
KARPIS, SIX OTHERS

"ST. PAUL. April 21 (UP) 204 fed:
eral grand jury late yesterday re
turned indictments against ¢even

O00 kidnaping of William: Hamm,
aFe Savon brewer: |:

indictments © charped ” “the|

ean with kidnaping under - the
Lindbergh. jaw. and conspiracy i)
kid nap.

; These Indicted were Se

* Falward Bartholome¢; - Rense
ville: fl. postmaster, Joha K. Pelt,
fer, St. Paul. Brvan to
Chicago gangster; Charles Fiterer
ald, Loe Angeles,’ Elmer: Farmer.
Bensenville, NL: ° Arthur: (Doc}
Barker, co-leader of . the Rarker-
Karpis gang, and: Alvin” -Karpis,
sought as public enemy No. hoo...

Judge M..M. Joyce ‘set. ball for]
fartholomey and Fitegeraid - at
$100.000, ey . were.
the Htamecy County jait.::

‘Farmer and Darket are arvine P

_ peentences for the Edward G. Bre
mer kidnaping. Bolton {9 awaiting
sentence for. the same crime.”

of the

whith were au

mer floor leader in the House of

men in connection with the &100,.).”

n lenged.””
lton, fotmer to fi

Ho lead their’ client thran eh t(

maze which the subservient De mo

cratic majority have created to fur-

ther haraas business ‘and the tax-
payer.” os

Dougnton and Treadway argued
in the main along the line of the
majority and minority reports of
the wave and means committee.

Doughton held the floor an hour
int ol pekcoetteL ue Galera beas as it
‘stood, :

~ Comalder Poceeatne Ts ee
” But even before be Spoke, there |}

possibly thraugh processing tax-
¢g~-to make the. full. money total
asked by Président Roosevelt,

After Seeretary Morgenthau

made a brief appearance. behind

the locked doors of the Senate fi-
hance committee, Chairman Harri-

=| son (D-Miss), said the group “prob-
tha ably will decide to give some con.

sideration”. ‘16° -ptocessing © taxes

pegested = by Me:

Roosevelt but eliminated by the
House committee, .: .-

“To a House committee mugpestion

that gapa in revenue could be made

up next: session,- Harrison : Saad

firmiv “we are hot seriously co
sidering @ tax bill fof next session.” ™

Only a handful of House mem- |.
hers were on hand when Speaker
Agens. recognized ‘Doughton. «> »

The key item in. the bill: is ‘a
plan for taxing corporation income

1 ‘on the basis of earnings withheld
~{ from ‘distribution

in dividends to
stockholders. :

ed | Oi simply ‘means, - Boughton |‘
said, “that the: goverment ‘will
take a - neutral ‘ position. between
those ‘dole. business in te

form and those. doing bustaess as tat the change. ift mind on the part} on bi!

a partnership,.or a8 individuals. ;.
Sit 4@, based upon the. sound
prineipte of ability to pay. <5.

“It is placing & tax Where it will
feast. Jmpose: hardships, or - bur-
sites

ma is @ reform that ‘shoutd have
and soundness seannot . cha
The bilt j proposes: to Pale funds

finance the new farm “ugram
atid thé extra cost of advance pay:
ment of the Sec e
lugring some of: the hole. left in
the hudget iy invalidation of AAA
Processing akes,

‘The ways and ieard committee
éstimated the new. acheme of cor-

tion taxation would. produce
nto $470,000,000,- “a “windfall”. tax on

rocessors - who avoided payment
of AAA levies $100,000,000 and a
delay in repeal of excess profits

a Nand ert stock, takes A sicgnitents

1 adopted long aga. Its. be chal.

sre imposed he not earninuted: alg
Sullivan, whose record included
a number of years in the Colorado i.

b reform school, from «hich he es-

caped three times, and a sentence
in the Colorado penitentiary
armed robbery..will be the fifth

iperson to die in the state's: lethal

yas chamber, .-

Using a gut ‘he. ‘paid he scited
from. ao Kansas City patrolman
when atrested for ear ther. Sullt-
van killed John. Bradbury, veteran

Actenna- of vides ‘the. oallorad

Themes >
soub Mee Renee ge. 800.

ptt at Bowie. ‘Ariz. “March 33,
lle. confessed. the. slaving

haa “atheeted geveral weeka later, |.

but said the ‘shooting was Juninten-
tional,. ; tas
His thother: “Mire: Elta, “Hansen,

fiourton, . Texas, -told. the: parte

toard her kon “n had a chance”
to go straigh

‘The. decision of:

break: May. 15."

Four other ndembod sia tn

the fae fe Andre itr hin: Sate

some features of the case that were

of unusual: in ‘that. we had ‘a- letter

from the. trial: judge: (Tobin: Wilson
Rosé: of Cochise county: superior | in
court) who: imposed. the death sen-
tence stating: that. Sullivan | was
guilty, of murder. in th becord de

rs: one iar

of. some furore .was induced. by a
belief of a statement—whether Tact |;

{of fiction—that Sullivat shot Brad:

bury either -actidentally or during
& moment of intense excitement.

for.

the board wis:
tnanimous. ‘ ‘It’ means that Sullivan.

te ported recuperating in°

m1 :

‘four men who hepacted diccovery
oat the body, was traced through
@& piece of twine found at the-
acene, (Associated Press Phiten

Mine: Victim):
Rushe To Aid|,

eiuinita erected. near Be

rae finan gene eho. perish

ind early 12 last Mond

to the best of inv. knbuledge: that?

Herman’ MegiN died of pneumonia, | 54,

in all; probabilit:

Udo tad on. by ly. :
exposure to'co ‘damp when |.

his body. was in a
q apes through

J ari said: he had
Maglite bod and starigh

had | 2!
fourid: ‘no 8 ae fracture ort

“Sullivan ‘elaims -the excitement!’ 4,

was caused by the shooting of his
pal, John Vail: Not until after his
gatas was shot did he fire a shot.”

Hofmann sald this version of the |.
shooting was not: presented. at the
trial, that Sullivan's statement was

; AX, Nv S.
othe Halifax. Sir
the follow!

Fo Mit

uncorroborated, and that the board |: mer

followed the written records.
‘Sullivan. was one of “feveral [1
transients: searched’ by oes tl
and an ee a oe Officer,. Some
time furtak @ exchange of shots
betweett. Sullivan and the officers.
Vail was. killed. and: Bradbury was
‘mortally -wounded.’: He died in:a

Tucson hospital several days fater. i
bury, was former. sheriff of |,

-- Brad
Creenlee county, and: one of the

Most popular law enforcement otf wit

cers Jn, the state.

q.| Monday formed

@ died. 2
The amoke which Rearchers for |
je. mine. victins: saw
signals.
=. "Daring. & dearth of ate, Mf.

Nasibte repo

‘s.
yin 3°

. ee.?
Same
4

-
4

sea
Shae ty
oie Bet

osbpeg
ne

se pemenys err

BRADBURY DIES,

TUCSON, ARIZONA, SUNDAY MORNING, MARCH 17, 1935.

THE ARIZONA DAILY STAR

~ SEARCH FUTILE

Slayer Still Free as Officers
omb Wide Area in
- Arizona

Police last night admitted that
the search being conducted for
Sullivan, 22-year-old transient, was
one of the most extensive manhunts
waged here in months, but refused
to comment on any one of the
numerous clues as to the alleged
slayer’s whereabouts which poured
into the Pima county sheriffs of-
fice.

Bradbury, special railroad officer,
was mortally
Arizona, last
when he and W. A. Beckstrom, of
the federal border patrol, attempted
to apprehend two transients, said to
be Sullivan and John Vail. Wit-
nesses to the incident said Vail at-
tacked Beckstrom with a blackjack
and that Sullivan drew a revolver
and opened fire on Bradbury. Beck-
strom fired at Vail, killing him al-
most instantly, but Sullivan escaped
after an exchange of shots.

Bradbury was rushed to a hos-
pital here and for two days battled
for his life. Early yesterday morn-
ing, however, his condition became
so weakened that physicians gave
up hopes for his life.

Officers here expressed the opin-
ton that Sullivan is in hiding some-
where in southern Arizona, and re-

Debate for U. .

injured at ,..
Wednesday ea :

doubled efforts to apprehend him.
All roads and depots were being,
watched and a search conducted |
through cheap hotels and rooming
houses where he might be hiding.
Although convinced that Sullivan.

PLANE SOUGHT
THROUGH CONGO

Provincial Official and His
Party Lost, Crash
Feared

Grave fears were felt for the lives!
of the seven since the district is
swampy and known to be infested
with cannibals.

A native of Holland, Mme. Renard
was the widow of Michael Win-
burn, wealthy American soap man-
ufacturer and philanthropist and
Paris society leader.

The big plane in which the party
set out on an aerial tour of inspec-
tion was last heard from at 10 a. m.,
G. M. T. (2 a. m. P. S. T.) Friday,
when it reported by wireless it
was flying through thick fog, buf-
feted by storms.

PLANE FOUND, °
RUMOR 8AY8

BRUSSELS, March 16.—(#)}-An
unconfirmed report by the Agence
Belga from Leopoldville, Belgian
Congo, said tonight a missing air-
plane containing the governor gen-
‘egal of French equatorial Africa,
Finis wife and five others had been
found in a village of Belgian
Congo.

The plane was located, the dis-
patch sald, in the village of Ikenge,
Coquilhatville province, District of
Tshuapa.

PERSHING SABRE TO
GO TO GROSSETTA:

A cavalry sabre, to be present-

ed by General John J. Pershing for
the benefit of the Comstock Chil- |
dren's hospital, was won last night!
at the barbecue at the Country club
‘by Warren Grossetta, chairman of |
‘the Pima county board of super- :
‘visors. The presentation by the |
‘noted soldier will be made later.

Bhaees chatrrenan af the

pene

Voice of the People

we a ria 5 inn donhalal “An Inexcusable Insult to Mexico.”
e U.S, 1s Importing stulis,|] agree all sh
while millions of acres of American | hes t ¥ eur! Bei ‘satitied.
soil lie idle, thanks to the insane; lous freedom. I would like to
policy of crop destruction, curtailed ; S4¥ to Rev. Arnold Oscar, O. F. M,
a and monetary tin-|I agree with his statement that the

ering. we . conditi f

Many millions of American citl-' Stat oe of the Negro in the United
zens are reduced to a standard of | ‘tes !s not the same as in Mex-
living lower than that of the poor-jico. The condition of the Negro Is
ld Fasopenn cores 0g Zt fr ors pein te southers

‘ states.

that standard still further by favor- states. You speak of his constitu-
ing Japanese competition.

Hard working, thrifty, sober

boro case for one, another, the
American citizens who are forced|]yncning of a Negro in Mariana,
to apply for relief owing to condi-| Fla. during the national convention
tions over which they have no con-jof the American Legion. The time
trol, are asked to sign their homes ! and place of this lynching was pub-
over to the county, in exchange lically announced hours before it
for a crust. i happened. No effort was made by
Instead of this being a nation of; local authorities to render protec-
home owners, it will soon be ation to the victim.
country of ‘government owned ; tim was brought across state line by
homes. ‘force, which fs in ;
It would be more to the point if Lindbergh kidnap law. This case
the Mexican government sent &@/ was brought to the attention of
committee to Washington, D. C., to! Attorney General Cummings, who
investigate the brains of the powers | has taken no action. These condi-
that be, on behalf of the poor white | tions have existed for the past 50
Americans, who have been brow- vears. Now I ask you Reverend
beaten so long that they haven't! Father, are they receiving their con-
the intestinal fortitude to stand! stitutional rights? That pre@»@Sn
up for the right the constitution
guarantec them, than it is for: Thyself.” does not mean anvthing
American politicians resolving and) jn that part of the United States
passing resolutions anent religious! ty conclusion may | ask bane can
strife in Mexico. you remove the moat in your Mex-
W. L. BUTTOLPH, | ican brother's eyes when you have
540 Tucson Blvd. a beam in vour own eyes?
Very truly yours, :
WILLIAM DANIELS.
S. P. Sanatorium

CASA GRANDE MAN
HURT IN ACCIDENT

CASA GRANDE, Ariz... March 16.

George T. Lewis of Casa Grande
was critically injured early” thi:
morning when his car sideswiped
a wood truck 12 miles north of here
on the Phoenix road. His wife. Iva
Lewis of Casa Grande. and his
brother, A, D. Lewis of Mesa. re-
ceived minor injuries. Mrs. Velma
’ West, the other occupant of the car

This same vic-

Elks’ Hospital, Tucson, March 14.}

Editor the Star: Many peculiar!
things have I seen here in this’
great southwest, but none quite so
astounding as the recent childish
outbursts by certain citizens of Tuc-
son over an advertisement by the
Frigidaire company. It was, after;
all, a mild statement of fact and:
since when has Tucson set itself up
as a summer resort anyway?

The published statement might
have added, with admirable truth,
that the fog of dust from Tucson's un-
paved, untreated streets not only
added to discomfort of patients. but.
was a more or less serious problem,
to those suffering from puimonary
troubles.

I am told now that the nurse who

was not injured. The two Lewis
innocently gave this statement of boys are sons of Terry Lewis of
fact is being persecuted by groups” Neca re
of doctors and nurses. ’ !

tional rights. I will cite the Scotts-

violation of'

HEIRESS MA
DIVORCE?

To Sever Tie
Her Princ:

LONDON, March 16
-bara Hutton is getting r:
; vorce her Asia Minor pri
! Mdivani, after all.

|
A laconic announcem:
from her hotel suite, wh:
‘been In virtual seclusior
| arrived from Paris this
‘her Jawyer had been in
‘institute divorce proceed
Only Thursday the
heiress, whose fortune ha
mated as high as $42.6
;issued another of her m:
‘that her marriage was ne
‘up.
' “We are very happy,’
_then, “and have had no «
' She said definitely she
‘join her prince in Lond:
“within about two wecks
Just why she Is div:
prince, whom she marri:
June 20, 1933, her brief
$ did not say.

mandment, “Love Thy Neighbor aé ’* Her maid knew only t!

apparently very upset a:
‘ed very. strangely = sin:
here.”

Tonight the prince we
either in Barcelona or
there in company with
.Mme. Sert, the wife of 1!
painter.

RUMORS FREQUENT
IN BRIEF MARRIAGE

Barbara Hutton, the d
Mr. and Mrs. Franklyn
snd heiress to a large s!
Woolworth 5-and-10-cent
lions, was married to Pr
Mdivani in Paris June 2:

Less than a year later
was steaming toward
counsel the princess in
had developed between h
husband. Since then re;
estrangement have crop;
quently and have been
frequently denied.

It would require 165
of cloud to produce ens
‘to fill an average bath

These noble intellects are certain-
ly wasting their sweetness on the

ory

,
Can orrren

1 FNT ATs

niernTrt!

SIS

ha garam adens

CR eg AR gE yi tO

‘414 Ariz.

drove her car to a nearby building then
under construction to summon aid. In-re-
sponse to her request, three workmen in-
cluding the defendant returned to the store
and the fire was extinguished, with but
little if any help from defendant. The lat-
ter was heard to say that he couldn’t stand
the smell of burning flesh and the infer-
ence is permissible that this remark was
made before the presence of the body had
been discovered.

An examination of the interior of the
store building showed the cash drawer.was
open, some small coins were scattered
about, and numerous blood spots appeared
throughout the building. It appeared that
some object had been dragged across the
floor from the cash register to the back
room of the store where decedent lived
alone and there a body was found.

The charred body, identified as that of
Mrs. Janie Miskovich, was found lying on
her bed in the back room of the store. The
mattress had been nearly consumed by a
smoldering fire. More coins were found
near the bloodstained bed. Two purses
hanging near the bed were open and empty.

The medical examination showed ‘that
while deceased had received blows to the
head from some blunt instrument death
had resulted from two stab wounds in the
heart. A large butcher knife slightly blood-
stained was found on a meat block at the
rear of the store.

Investigating officers followed a trail of
blood spots out the back door of the store
and over some adjacent hard ground to a
point where they found footprints appear-
ing in the soft soil of a plowed field. One
of these officers followed this trail of foot-
prints with accompanying blood spots a dis-
tance of approximately a half a mile to a
point near the barracks-type house where
defendant and several other laborers and
their families lived. Further bloodstains
were found just outside as well as within
the barracks.

Several witnesses testified that the 1314-
inch footprints evidenced ‘that they were
made by shoes with smooth soles and the
heels dubbed or “worn off” at the backside.
A pair of brown suede shoes taken from un-

275 PACIFIC REPORTER, 2d SERIES

der defendant’s bed:at.7 p. m. on March

17th—identified as being the only footwear

belonging to defendant—were introduced
in evidence. : They match the footprints
described above both as to length and the
condition of heel and sole.

Two bloodstained canvas gloves were
later found, one in an old stove immediately
outside these living quarters, and the other
in the open pit of a privy near the house
and on the trail of footprints and blood-
stains the officers had followed. Both of
these were gloves for the right hand and of
the brand and style sold to Mrs. Miskovich
at 9:00 p. m. on the night of her death by a
salesman—the last person to see her alive—
who testified the gloves he then delivered
were the only canvas gloves in the. store.
It was shown that in the supply of gloves
remaining in the store the next day there
were two left-hand gloves for which there
were no mates. The glove found in the
outhouse contained cuts across the little
finger and deeper cuts across the next two
fingers. When defendant was apprehended
it was found that his right hand had been
cut, the cuts extending across the last three
fingers. Medical examination revealed that
the little finger and ring finger were severe-
ly lacerated and that the tendons of these
two fingers had been severed. An expert
from the Federal Bureau of Investigation
testified that an analysis of bloodstains tak-
en from objects and the floor by decedent's
bed and from the kitchen floor in the bar-
racks, as well as those obtained from the
canvas gloves, were left by type “A” blood
as, were the bloodstains on a piece of
Kleenex removed from defendant’s wound-
ed hand by the doctor who treated it.

Between 3:00 and 4:30 p. m. of the day
preceding the ‘discovery of the body, de-
fendant purchased some wine, beer and
candy in the store. At about 6:30 p. m.
defendant and Ross Lee Cooper—a 17-year-
old Negro, and one of the inhabitants of
the barracks—left their quarters to “go to
the store”. Defendant and Cooper returned
to the barracks within a short time and
immediately left for the avowed purpose
of going to see one “Louis Max”, They re-
turned from this trip in about thirty mun-
utes and Cooper, according to the testimony

a ee

STATE v. THOMAS Ariz. — 415

Cite as 275 P.2d 408

of two other occupants of the barracks,
did not leave again that night. Defendant
Thomas thereafter left by himself and was
gone for about three hours. There was
testimony from which the jury might infer
that the homicide took place between the
hours of 10:00 and 11:00 p. m.

On the night before the body was discov-
ered, defendant was wearing his usual work
clothes which were the only clothes he
owned. The next morning he put on an
old and worn pair of overalls belonging to
some one else. There was no evidence
adduced as to what became of his clothes.
When he returned to the barracks around
noon he removed the brown suede shoes
and placed them under the bed where they
were later found. He then put on an old
pair of shoes, which he had found in a trash
can, from which he cut the backs (counters)
as they were much too small for his feet.

That afternoon a search was instigated
for the unknown killer by Sheriff Howard
aided by a number of other peace officers,
on foot, and some local ranchers at least
two of whom were mounted. The defend-
ant was apprehended one and one-half
miles south of the store and off the road
a distance of some 300 yards, under a
mesquite bush and partially hidden under a
Pile of tumbleweeds. He was then question-
ed and in response denied killing the de-
cedent, but said he knew who did and named
Ross Lee Cooper. He also denied having
changed shoes and claimed that he had
“cut his hand on a can”.

When taken before the Justice of the
Peace in Warren the following morning he
admitted that he had “killed the woman”.

[11] In the face of this evidence de-
fendant now urges that the “* * *
evidence failed to disclose any connection
of the defendant with the homicide.” While
there remain some further assignments to
Consider, it would appear that the statement
in Antone v. State of Arizona, 49 Ariz.
168, 65 P.2d 646, 651, supra, is apropos
and fully answers this contention:

“There was much evidence connect-
ing or tending to connect defendant
with the commission of the offense
charged, and its weight and credit were

properly, under the court’s instructions
of which no complaint is made, left for
the determination of the jury, and this
fact-finding body concluded defendant
is guilty. Its decision on the facts,

when in dispute, under our rule, is
final.”

Rulings on Evidentiary Matters

First, it is urged that it was error for the
court to permit Sheriff Jack Howard and
Undersheriff Ver! McRae to remain in the

courtroom and subsequently testify after de-

fense counsel had invoked the rule for the
exclusion of witnesses. It should be noted

that the county attorney who personally

conducted the prosecution in which he was
asking for the death penalty, due to an
injury was lying unprotected on a Stretcher,
encased in a body cast.

[12] While we have no statute or rule
of court governing this matter (except as to
preliminary examinations—Section 44-315,
A.C.A.1939), from time immemorial this
salutary practice, which was devised for
the discovery of the truth and the detection
and exposure of falschood, has prevailed.
See, Territory of Arizona v. Dooley, 3
Ariz. 60, 78 P. 138, and Riley v. State of
Arizona, 50 Ariz. 442, 73 P.2d 96. In the
Dooley case the pronouncement, which has
since been consistently followed, was first
made that “this is solely a matter of dis-
cretion.”

In 23 C.J.S., Criminal Law, § 1010, it is
stated:

ce
* * * as a gencral rule, a par-

ty is not entitled to an order of ex-
clusion as @ matter of right, and the
order may be refused if the court, in
the exercise of a sound discretion, does
not deem that there are stfficient
grounds therefor, * * *? (Empha-
sis supplied.)

[13,14] Furthermore there are particu-
lar classes of witnesses customarily ex-
empted from the operation of the exclusion
tule. See, 23 C.J.S., Criminal Law, § 1011.
These include, if the court so directs, a
complaining witness, a sheriff (whose stat-
utory duty in Arizona requires him to at-
tend court sessions, Sec. 17-601, A.C.A

‘
..

=O} y ne Pad
iio VE

-
ry ‘

412 _ Ariz. 275 PACIFIC REPORTER, 2d SERIES

groes, were presented. In opposition the
state presented 274 affidavits of citizens
from every part of the county asserting that
defendant could obtain a fair trial. in Co-
chise County.

[4] The rule in this jurisdiction is:

“Whether the application (for a
-change of venue) should have been
granted is largely a matter of discretion
of the trial court which we will not dis-
turb unless it clearly appears that such
discretion was abused. * * *” Bur-
gunder v. State, 55 Ariz. 411, 103 P.2d
256, 261.

[5,6] The ease with which a jury was
impaneled makes it clear that defendant was
not deprived of a fair and impartial trial on
this score. The record shows that in ob-

taining a panel of 32 jurors and three alter- «

nates a total of only fifty veniremen were
examined. Of the fifteen excused four
were challenged for bias and prejudice, the
other eleven having been ordered to step
aside for entertaining conscientious scru-
ples against the infliction of the death pen-
alty. The following statement seems
apropos:

“* * * Tt is our observation that
most people are essentially honest. It
is not indulging in presumptions to as-
sume that most if not all jurors who
qualify do so honestly and with no se-
cret reservations to promote an evil or
dishonest interest. A trial judge may,
after denying a motion for change of
venue, reverse his ruling at any stage
of the proceedings prior to the actual
selection and swearing of the jury,
if he discerns or becomes. convinced
that there is skullduggery afoot, and
that prejudiced, biased and partial in-
dividuals are attempting to qualify as
jurors to the preclusion of reason-
ably securing a fair and impartial
jury.” State ex rel. Sullivan v. Patter-
son, 64 Ariz. 40, 165 P.2d. 309, 314.

There was no abuse of discretion in deny-
ing a change of venue.
Impaneling Jury

[7] Defendant urges that the trial court
erred in sustaining the State’s challenge for

cause of several veniremen who flatly stated
on voir dire examination that they would
not under any.circumstances vote for the
infliction of the death penalty even if con-
vinced defendant was guilty of murder in
the first degree. He points out that the en-
tertaining of conscientious scruples against
the infliction of the death penalty is not one
of the eleven grounds enumerated as
grounds of challenge to individual jurors
for cause under Rule 274, Cr.Proc., Sec. 44
1313, A.C.A.1939. . Defendant contends
that since Section 5035 of the 1928 Revised
Code, providing in part:
“Either party may challenge any in-
dividual juror for the following caus-

es:
* * * * * *

“14. if the offense charged be pun-
ishable with death, the entertaining of
such conscientious opinions as would
preclude his finding the defendant
guilty, in which case he must neither be
permitted nor compelled to serve as a
juror”,

does not appear in A.C.A.1939, it has been
repealed and therefore at present there is
no basis for sustaining such a challenge. In
this he is in erro-, for when confronted
with a similar contention in the case of
Chitwood v. Eyman, 74 Ariz. 334, 248 P.2d
884, we held that the adoption in 1940 of the
Rules of Criminal Procedure did not effect
repeal of a pertinent section of the Revised
Code of 1928 relating to criminal procedure,
even though such section was not carried
forward by the compiler into Annotated
Code of 1939. This ruling is controlling
here, hence we are not persuaded by the de-
cisions of other appellate courts such as
found in the case of State y. Lee, 91 Iowa
499, 60 N.W. 119, so strongly relied upon by
defendant.

[8] Defendant further complains that
the court, having sustained the challenge to
jurors who indicated they were opposed to
capital punishment, should then have sus-
tained challenges made by him to veniremen
Nichols and Gilardone since both said veni-
remen showed a mind so prejudiced that
they would not consider, regardless of the
evidence, anything less than a death sen-

;
&
:

STATE v. THOMAS Ariz. 443
Cite as 275 P.2d 408

tence in the event of a finding that the de- 297 P. 1029; Antone v. State of Arizona,
fendant was guilty of first degree murder. 49 Ariz. 168, 65 P.2d 646; State v. Thorp,

While there are portions of the testi- 70 Ariz. 80, 216 P.2d 415. We expressly
mony of such jurors, which if taken alone overrule the erroneous statements appear-
might give rise to a different inference, we ing in the following cases: Edwards v.
believe the testimony of each of such jurors Territory, 8 Ariz. 342, 76 P. 458; State
as a whole justifies the rulings complained of Arizona v. Benham, 58 Ariz, 129, 118
of. For analogous situations and a com- P.2d 91; and State v. Lantz, 72 Ariz. 115,
parable ruling, see: Leigh v. Territory, 10 231 P.2d 454, to the effect that one of the
Ariz. 129, 85 P. 948; Marquez v. Territory, elements of the proof of corpus delicti is
13 Ariz, 135, 108 P. 258; Burnett v. State, to establish the “criminal agency of the
34 Ariz. 129, 268 P, 611; Riley v. State, Person charged with the crime * * *”
50 Ariz. 442, 73 P.2d 96; State v. Brady,
65 Ariz. 365, 189 P.2d 198.

Furthermore it would seem that by
stating “I pass the juror” defense counsel
waived this objection insofar as juror
Gilardone—who was examined at great
length—was concerned.

Facts Tending to Connect Defendant
with Crime Charged

A synopsis of the salient features of the
evidence must necessarily be based upon
that adduced by the State, since, as was
his right, the defendant did not elect to tes-
tify. Only two witnesses were called in

Corpus. Delicti his behalf, viz., a newspaper reporter-

[9,10] From the evidence it cannot be Photographer who identified a picture of
gainsaid that Janie Miskovich is dead and the defendant taken in the county jail,
that: shecame “to her-death by the use of which picture showed a well-defined welt
violent and criminal means at the hands of ©" defendant’s neck, and Highway Patrol-
another. This much is conceded in de- ™20 Selchow. The latter merely testified
fendant’s opening brief, yet he incorrectly ®S © a certain incident occurring at the
maintains that the corpus delicti was not "@™« defendant was apprehended.
established. The true meaning thereof is The State necessarily depended upon cir-
succinctly stated in 14 Am.Jur., Criminal Cumstantial evidence to connect defendant

Law, section 6: with the murder as there were no eyewit-
“Generally speaking, the term ‘corpus nesses to the killing. However there was
delict?? means. when applied to any par- considerable evidence upon which the State
ticular offense, that the specific crime ‘ Telied leading to the conclusion that de-
charged has actually been committed fendant was guilty of the premeditated mur-

by someone. It is made up of two der of Janie Miskovich, a middle-aged wid-
elements: (1) That a certain result ow. Though there may have been some

has been produced, for example, a man conflict in details the evidence will be stated
has dada x building has been burned; in the light most favorable to a sustaining
and (2) that some person is criminally of the jury’s verdict.

Tesponsible for the act. It has been Stripped of all the immaterial matters
Said that the corpus delicti consists of | which clutter the voluminous record (2616
the facts that a crime has been com- _ pages), the following is a succinct | state-
mitted and that the defendant was im- ment of the facts established at the trial:
Plicated in the crime. This definition, Around 10:00 a. m, March 17, 1953, a
however, is inaccurate, since if true, Mrs. Bonnie Fraker called at “The Hitching
all that would be necessary to convict Post”, a grocery store operated by the de-
pes yas would be to prove the corpus cedent in the area of Cochise County known
elicti.”

as Kansas Settlement which lies about 12
To the same effect see also, 23 C.J.S., Crim- miles south of Willcox, for the purpose of
imal Law, § 916, and the rule as correctly delivering milk. She discovered smoke
Stated in the following decisions from this coming out from under the door and fire
Court, viz.: Burrows v. State, 38 Ariz. 99, in the bed in the back room and immediately

ai al yaw a 5 aR nae

Vr ALAD

416 Ariz.

1939), and the peace officer assisting the
prosecutor in presenting the case for the
State. In the instant case Sheriff Howard
was the complaining witness and Under-
sheriff McRae had throughout been the
chief investigating officer and the custodian
of the exhibits. Furthermore there was
no showing that there was a prejudicial
result from these witnesses remaining in
the courtroom. We hold that no abuse of
discretion appears from this record.

Several assignments deal with Dr. Saba’s
testimony describing the injuries to de-
fendant’s hand and identifying the Kleenex
bandage taken therefrom. At about 9:00
p. m. the day defendant was arrested, Un-
dersheriff McRae took him to Dr. Saba, the
county physician, as McRae said for the
purpose of thereafter testifying as to the
nature of the wounds, whereas the Doctor
understood the primary purpose was to
treat the injured hand. Be that as it may
all are agreed that the Undersheriff was
at all times present when the defendant was
being treated and there is some evidence
that other deputy sheriffs. were in and out
of the room. Counsel urges that since Dr.
Saba did in fact treat the wound, the phy-
sician-patient .relationship existed and his
testimony concerning information acquired
during the examination to enable him to
prescribe for the patient was privileged un-
der the provisions of Section 44-2702,
A.C.A.1939,

“tk *# * The express object (of
the statute) is to exclude the physician’s
testimony, at the patient’s option, re-
specting knowledge gained at the bed-
side, in view of the very delicate and
confidential nature of the relation be-
tween the parties. *, * *” Arizona
Eastern R. Co. v. Matthews, 20 Ariz.
282, 180 P. 159, 164, 7 A.L.R. 1149,
quoting from Arizona & N. M. Ry. Co.
v. Clark, 235 U.S. 669, 35°S.Ct. 210, 59
L.Ed. 415. (Emphasis supplied)

Cf. Garcia v. State, 35 Ariz. 35, 274 P.
166.

[15,16] For information acquired by a
physician to be privileged it must have
been acquired under circumstances from
which it appears that the examination was
intended to be privileged. Cf. Wigmore on

275 PACIFIC REPORTER, 2d SERIES

Evidence, Third Edition, Vol. VIII, para
2381, When third persons are casual!
present their very presence neutralizes the
confidential character of the interview and
the privilege should not attach. In re
Swartz’ Will, 79 Okl. 191, 192 P. 203, 16
A.L.R. 450. The information acquired by
Dr. Saba in his examination of the defend-
ant’s hand was readily discernible to all
those present. We hold that under such
circumstances the testimony objected to
was not privileged.

Counsel also contends that testimony con-
cerning the similarity of blood types of the
stains upon the Kleenex bandage, and’ the
gloves and other objects are inadmissible,
being too remote and highly prejudicial. In
a number of cases evidence of blood-group-
ing tests have been held to be admissible
in criminal prosecutions to establish identi-
ty or guilt.

Confronted with a similar problem the
Supreme Court of Maryland said:

“The objection of remoteness goes to
the weight of the evidence rather than
to its admissibility. To exclude evi-
dence merely because it tends to estab-
lish a possibility, rather than a proba-
bility, would produce curious results
not heretofore thought of.” Shanks
v. State, 185 Md. 437, 45 A.2d 85, 89,
163 A.L.R. 931. See annotation there-
to, entitled Blood Grouping Tests, 163
A.LE:R. 939 at 952, 953:

[17,18] Defendant further assigns as
error the admission of certain exhibits tak-
en from the person or premises of the de-
fendant without his consent or a valid
search warrant, urging that these items
were obtained in violation of illegal search
and seizure provisions of the Federal and
State Constitutions, Const.U.S. Amend. 4;
Const. Ariz. art. 2, § 8. The law is settled
in this jurisdiction that the fact that evi-
dence was obtained by illegal search and
seizure does not affect its admissibility.
State v. Frye, 58 Ariz. 409, 120 P.2d 793.
Counsel argues that since in the Frye case,
supra, the evidence was obtained under an
invalid warrant, the rule should be limit-
ed to cases where the officer was acting in
good faith although illegally. We cannot
agree with this contention, but feel that the

STATE v. THOMAS Ariz, 417

Cite as 275 P.2d 408

reasoning of the Frye case, supra, applies
here. We hold that the evidence objected
to was properly admitted.

Defendant next contends that the court
erred in admitting in evidence certain pho-
tographs.. He objects to a photograph of
the upper portion of the decedent’s naked
body taken at the morgue before the autopsy
was performed, contending that its only
purpose was to inflame the jury, and that
it tended to mislead the jury since it did
not show the body as found because the
burnt clothing was removed before the pic-
ture was taken.

{19] This court has considered the ad-
missibility of photographs of decedent’s
body in homicide cases several times. We
have held such photographs admissible for
the purpose of aiding the jury to fix the
punishment, Janovich v. State, 32 Ariz. 175,
256 P. 359; to. show the wounds which
caused the death, Young v. State, 38 Ariz.
298, 299 P. 682; to corroborate the state’s
theory of how and why the murder was
committed, Burgunder v. State, 55 Ariz.
411, 103 P.2d 256.

[20] _ We believe that the photograph in
question was properly admitted for the pur-
pose of showing the wounds which caused
the death, and the identity of the decedent.

We have examined the other photographs
objected to and the testimony pertaining
thereto, The information concerning per-
spective elicited on cross-examination went
to the weight and not the admissibility of
the photographs in evidence.

Judicial Confession

Defendant assigns as error the ruling
Permitting Justice of the Peace Frazier to
testify before the jury relative to what oc-
curred when the defendant was first
brought before him. It appears that at
10:00 a. m. of the day following his arrest
defendant was taken by Sheriff Howard
for a preliminary examination ‘before this
Magistrate in his courtroom at Lowell. No
Oe was present during this examination
but the court officials, the defendant, the
sheriff and one of his deputies. We will
set out Judge Frazier’s uncontradicted tes-
Umony as to what ensued:

275 P.2d+27

“Q. Will you state what was said
to the defendant, if anything, relative
to his rights? A. He was there on
the charge of murder. I read the com-
plaint to him and told him that he had
a right to a preliminary hearing in
the Justice Court, or he might waive
that right and have his hearing in the

* Superior Court. I told him he had the

' right to employ an attorney to assist
him in preparing his case, and that he
would be allowed a reasonable length
of time for the preliminary hearing,
and he said, ‘I don’t need any lawyer.
I am guilty. I killed the woman.’

‘ . .
‘* * * (On cross-examination) :

“Q. And you didn’t ask him if he
killed the woman? A. After I read
the complaint to him and he stated that
he was guilty, that he did kill the
woman, I asked him if he killed her
with an ax. He said, ‘No. I killed
her with a knife.”

A preliminary hearing having been thus
waived the defendant was held to answer

to the superior court and his bail fixed at
$25,000.

Counsel argues that this testimony should
have been excluded for two reasons: (1)

upon the theory that the rule should apply

which holds a plea of “guilty” withdrawn
by leave of the trial court may not be
shown at the subséquent trial of the cause;
(2) that the statements of the defendant
before the magistrate were not voluntarily
made and hence were admitted in violation
of the privilege against self-incrimination.

[21-23] We are unable to perceive how,
under the facts of this case, defendant can
invoke the rule set forth under the first
proposition. Under our law—as complied
with by Judge Frazier—the duty of the
magistrate, when a defendant in a felony
case is first brought before him, is to:

“* * * immediately inform him

(a) of the charge against him, (b) of

~ his right to the aid of counsel during

_the preliminary examination, and (c)

of his right to waive such examina-

tion.” Rule 39, Cr.Proc., Sec. 44-302,
A.C.A, 1939,

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418 Ariz.

We held in the case of State v. Coursey, 71
Ariz. 227, 225 P.2d 713, 717, that:

“* * * there is no such thing as
an ‘arraignment’ in a preliminary hear-
ing, as no plea of ‘guilty’ or ‘not guilty’
is required.”

In the instant case the apparently voluntary
words of the defendant, “I don’t need a
lawyer, I am guilty, I killed the woman”,
not only had the effect of waiving the right
to a preliminary hearing, but also were an
independent, unrequired admission of guilt.
Of course the words were not conclusive
of his guilt; they were simply a confession,
judicial because made in court, and the
admissibility of the statement is governed
by the law of confessions.

“It is well settled that any statements
made by a defendant prior to his trial,
having the effect of an admission, con-
necting him with the act, and likewise
a confession that he committed the act,
whether judicial or extrajudicial, if
made without coercion, duress, or hope
of reward, may be used by the state in

evidence as_a ‘part. of its original case ..;

upon the defendant’s trial for the of-
_ fense charged.” West v. State, 24
Ariz. 237, 208 P. 412, 417. ws

275 PACIFIC REPORTER, 2d SERIES

As to the proposition that ‘this confes-
sion was involuntary counsel contends that
because two confessions made by defendant
subsequent to the preliminary examination
were found involuntary it necessarily fol-
lows that the judicial confession was like-
wise involuntary. At the trial evidence
was first presented in the absence of the
jury on the issue of the voluntariness of
all the statements made by defendant. It
will be recalled that defendant was appre-
hended hiding in-a pile of tumbleweeds,
Deputy-sheriff Brashear ordered him to
come out-and defendant crawled from his
hiding place on his knees with his hands
in the air. By the time defendant had been
searched while lying on the ground, the
sheriff arrived on the scene and ordered
defendant to stand and informed him that
he was under arrest.- While the sheriff
questioned his prisoner, Highway-patrol-
man Selchow handcuffed him. At this time
a noose was thrown around ‘defendant's
neck by a mounted rancher (identified at
the trial'as one Bob Macomb) and the de-
fendant was led by the rope for about
fifteen or twenty feet. Sheriff Howard
testified that he took, the rope off the de-
fendant’s neck and said “Stop that. We
will have none of that.”. Highway-patrol-

* man Selchow on the other hand testified:

Counsel strongly relies upon Wood vy.
United States, 75 U.S.App.D.C. 274, 128
F.2d 265, 141 A.L.R. 1318, wherein it was
held that.a. plea of. guilty, to a robbery
charge’ entered at a preliminary hearing
should not have been admitted at the trial.
It was shown that the defendants had
pleaded guilty. to three misdemeanor
charges just prior to the preliminary hear-
ing, but defendants testified they ‘did not
know a preliminary hearing had been held,
and that at no time did they knowingly
plead guilty to the robbery charge, although
under the rules of procedure there in force
a “plea” is required at a preliminary hear-
ing. Further it appeared that defendants
were not represented by counsel, nor was
one appointed for a month. thereafter.
There was no showing they were cautioned
or informed concerning their rights. . Be-
cause of the ‘difference in procedure and
the substantially. different facts, we feel
that case is not in point. Fora

“Somewhere from behind me, a rope
was thrown over (defendant’s) neck
and he was pulled back into me, and we
stumbled a little bit, and I had a hold

of the rope, and then Mr. Howard
came around me, and I said, ‘Jack, this
is no way to handle this.’ Mr, Howard
went on to the rope and took ahold of
it, At that point he says, ‘Will you tell
the truth, or I will let them go ahead
and do this’, or, ‘I will go ahead and let
them use this.” _

and the next that he saw the rope had been

removed and defendant had been taken to

the sheriff’s car.

Defendant. accompanied the officers to
the place where he had indicated Ross Lee
Cooper, on whom. he blamed the crime,
might be found. When first seen by the
officers: Cooper was some distance away
working in the fields. Before the sheriff
could reach him another mounted rancher

\. STATE y. THOMAS ' Ariz. § 419
Cite as 275 P.2d 408

(one Gus Arzberger) had roped him: and
led him to the car.°The sheriff removed
the rope and Cooper was handcuffed. De-
fendant got out of the car, and while stand-
ing near Cooper both were encompassed
by a rope thrown by the same horseman’and
jerked to their knees or to the ground.
The sheriff again removed the rope, but
Arzberger then roped Cooper around the
neck and he fell to the ground. Finally de-
fendant and Cooper were placed in the
sheriff’s car and taken to Willcox in search
of the local magistrate. As he could not be
found, they were then taken to the mortu-
ary and shown the body of decedent. The
party then proceeded to the county seat at
Bisbee where, because of the county attor-
ney’s physical condition, defendant and
Cooper were questioned in his home before
being taken to jail. After the preliminary
examination the next morning defendant
was again taken to the county attorney’s
home and the first extra-judicial. confession
was made. Two days later a sécond con-
fession was made at the county attorney’s
office. Later; both of these confessions
were typed and were initialed or signed by
defendant. i

[24] The trial court ruled out these two
confessions because they were so tainted
by the abuse of the prisoners here related
as to be involuntary. Counsel argues that

the judicial confession was likewise so -

tainted and should have been excluded, As
we have heretofore said:

“Under the law, it was the duty of
the trial court, * * *. to investigate
the circumstances under which it (the
confession) was made, and to that end
hear the testimony * * * and there-
upon to determine whether the evi-
dence was extorted or free and volun-
tary; and his decision upon that ques-
tion will be respected by the appellate
court, unless it clearly shows that it
was made in disregard of the facts.
* * *” (Emphasis supplied) Galas v.
State, 32 Ariz, 195, 256 P. 1053, 1054,

[25] The admitted confession was
Made in the calm atmosphere and sanctity
of an open court hearing after the statutory
safeguards had been complied with, The

‘circumstances under which this confession

was obtained ‘were substantially ‘different
from those surrounding the excluded con-
fessions, hence it does not follow. because
other statements were excluded that this
one should also be rejected. As a prelimi-
nary matter the trial judge held that it was
voluntary and the evidence bearing there-
on was then presented to the jury with ap-
propriate instructions that if they did not
believe the confession was free and volun-
tary they, must disregard it. We hold that
under the circumstances the trial court did
not abuse its discretion in submitting to the
jury the evidence as to the judicial confes-
sion,

Irrespective of which version of the rop-
ing incidents is accepted it is to be deplored
that defenseless Prisoners were permitted
to be abused while in the custody of peace
officers whose sworn duty it was to protect
them. We feel that those responsible (both
laymen and officers) for these unsavory in-
cidents must bear the opprobrium of their

-fellowmen., Such actions within our bor-

ders cannot be condoned, Nevertheless,
Prosecution of the one charged with the
crime cannot be stayed for such misconduct
nor does it follow that any statement made
thereafter by defendant should necessarily
be excluded.

Oral Argument

[26, 27] Finally, defense contends the
county attorney in his closing argument to
the jury was guilty of misconduct prejudi-
cial to defendant’s tight to a fair and im-
partial trial. First, it is urged the prejudi-
cial aspect of politics was injected when the
Prosecutor suggested that Possibly Patrol-
man Selchow testified as he did in order to
discredit the sheriff because the former
might want to run for that office. This
statement was in answer to counsel’s state-
ment that the patrolman’s testimony should
be accepted as true, for in testifying against
a fellow officer he was doing so “at the risk
of everything”, We have repeatedly held
that attorneys are given wide latitude in
their arguments to the jury. Sage vy. State,
22 Ariz. 151, 195 P. 533;. State v. McLain,
74 Ariz. 132, 245 P.2d 278. We see nothing
Prejudicial or improper in these remarks,

, eee

SHAUGHNESSY, George, white, gassed, Ariz. (Santa Cruz) July 13, 1 93h.

by KEN CARPENTER

ctivities had been un-
Assuaity quiet about

Tucson on Friday eve-
ning, July 7, 1933, when Po-
lice Capt. P.B. Wilbanks
went on duty at 10 o’clock.
He was checking his files

. when the telephone rang.

“Captain of police speaking,” he
said leisurely. But the next moment
he had snapped to attention as the
words of Jack Farrar, undersheriff of
Pima county, came crackling over the
wire.

“Captain? We’ve had a missing per-
son report on Lon Blackenship. Now
his car has been found marked with
two bullet holes and stained with
blood!

“Blackenship left Nogales in his car
this afternoon,” continued Farrar,
“bound for his home here in Tucson.
There hasn’t been a sign of him since
until just now when Otho Kinsley
called me and reported that
Blackenship’s car had been wrecked
and abandoned near his service station
on the Tucson-Nogales highway.”

Used car lot where Lon Blankenship set out on a business trip
never to return. His car was found bullet-riddled.

ee =

“T’ll be right over,” Wilbanks as-
sured him. Banging the receiver back
on the hook, he called two of his men
and set out to join Farrar.

At the sheriff’s headquarters in Pi-
ma County, officers and newspaper
men had gathered, jabbering incoher-
ently of “a man in soldier’s uniform”
who was said to have run
Blackenship’s car into a culvert near
the Kinsley service station on the Tuc-
son-Nogales highway.

Capt. Wilbanks greeted Farrar and
was soon in possession of the meager
facts. Blackenship had driven his

George Shaughnessy, the sad,
quiet killer. He blessed the
warden just before the end.

STARTLING DETECTIVE MAGAZINE,

July, 1989.

Deputies combing the
hot desert had as much
chance of finding the
killer as a needie in a
tumbieweed. They kept
at it, though, unraveling
a thread stretching all
the way to the gas
chamber.

small coupe to Nogales, intending to
sell it there and return to Tucson late
the same afternoon. According to the
report, he had left Nogales at about 3
o’clock. It was now 11 o’clock and
there was no sign of the missing man
other than his wrecked and blood
stained car, although the Tucson-No-
gales run is ordinarily only a two-hour
drive.

What happened to Lon
Blackenship? Was it his blood or that
of the car’s new owner which had
stained the small coupe? Or had he
sold the car at all? Had Blackenship
been injured in an accident—would
that account for the bloodstains?
Whose hand had fired the shots which
left two bullets imbedded in the car’s
seat—and for what cause?

Bory
SA.

gales and ab
‘the main highway. ; :

~ Sheriff Brown of Santa Cruz county

Par

¢ hundred yards off

oximately: tw v i
out thre

removed Shaughnessy from Tucson to
the border town of Nogales, half in
Arizona, half in Mexico.. In rapid fire
order, E. R. Thurman, Santa Cruz.
county attorney filed a murder charge
against him. : i's

On August 9, 1933, a month after the
crime, Shaughnessy was brought to the
bar and pleaded guilty before Judge
Charles L. Hardy of the Santa Cruz
Superior court. :

Judge Hardy declined to pronounce
sentence that day. He held a hearing
and because the accused admitted’ he
was guilty the hearing went on without
a jury. After the judge heard the youth’s
confession he took the case under. ad-
yisement before making his decision.

A few days later Judge Hardy sum-
moned Shaughnessy before :the court
and inquired whether he had anything
to say or any legal reason for not being
sentenced.

“I am guilty, your honor,” he re-
plied. “If the court can show me any
mercy I will be thankful.”

But. the court could find no extenuat-
ing circumstances whereby mercy: might
be shown. It was a case of cold-blooded
murder. Shaughnessy must hang qn
December 27, 1933. - Ae

Appeals For Clemency 5

O* SEPTEMBER 4, 1933, George
Shaughnessy scribbled a plea to the
Arizona Board of Pardons and Paroles
for clemency. The Albany youth penned
his crude note in the penitentiary death
house at Florence, Arizona, among. the
ghosts. of the twenty-four men and .one
woman who have walked up the black
iron stairs to the gallows room.

For Shaughnessy there was no word

Supreme Court had affirmed the judg-
ment of the Superior Court, of Santa
Cruz county and had set the date of ex-
ecution for Friday, July 13, 1934.

During the time that the youth was.
carrying his case to the Arizona State
Supreme Court and the parole board in
hope of gaining a commutation to life-
imprisonment, the Arizona voters
changed the manner of legal execution.
from the hempen noose to that of lethal
gas. 3
An oppressive silence settled upon the
Arizona state penitentiary at.dawn on
Friday, July 13, 1934, when Shaughnessy
reached the top of the black stairs in
death row. Facing Warden A. G. Walker
he said: “Warden, I love you. May God
bless you.” The Albany youth madé no
last wish as he entered the gas chamber.

Face thrown upward, lips moving in
prayer, he waited for the sound of the
poison pellets to strike the solution at
his feet.

Then came the signal. The fifteen
cyanide pellets dropped into the chem-
ical solution near his chair. The gas
rose within the chamber in a gray mist.
As the shadow of death slowly en-
veloped him he struggled violently to

escape his terrible fate. He pulled and |

stretched the straps that bound him to
the gas throne. His face was contorted
in fear.

Then he apparently lost consciousness.
His head rolled from side to side as he
sank slowly into the sleep of death.
George Joseph, Shaughnessy had ex-

piated his crime in the death fumes of
Arizona’s new lethal gas chamber.

of a grocer at Seventh and Wash
Streets when a young Italian came to
the door and shot him to death.

A remarkable thing happened: in that
killing. While talking to the friend, San-
tino had scribbled aimlessly on a piece

_ of paper. A moment later he was dead.
I saw that paper. On it was written,
“Commenici laori?’—"Trouble begins.”

Santino’s lieutenant, Carmelo Fresina,
had gone with him to the grocery, but
waited outside. He was not outside
when the police came. Ten minutes after
the shooting he strolled up to his car
parked half a block down the street
and asked a waiting policeman, “What’s
wrong?”

From then on, the Russoites watched
him closely, Who had given the Green
Dagoes the tip that Santino was in the
grocery?

Infuriated, the Russoites tried to kill
Giannola a few days later, but he es-

captain of the Fourth District, which
embraced the Sicilian section, worked
night and day to stop this war. De-
tective Lieutennant “Iron Man” Carroll
and his gang-busting squad paroled the
streets of the section with machine guns
ready for any gangsters that might be
sighted. These officers finally harassed
the gunmen out of the Sicilian quarter.

But they carried the war on else-
where. Nick Palazzolo, a friend of Rus-
so’s, was shot to death in the street
in front of his West End grocery No-
veneber 26. There were two shootings on
December 6, one in the West End and
one on the North Side, but both victims
survived their wounds.

Swear To Get Vito

f Bye Russoites swore to get Vito
Giannola.
Giannola had a mistress in Northwest

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TrHank You For MENTIONING STARTLING DETECTIVE ADVENTURES 63
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K-W CO. “1392 “Churchill St., Detroit, Mich. |/

the town by Lon Blankenship, who was
headed for Tucson. They had ridden
six miles when he drew the gun he had
stolen from the armory building and
told Blankenship to put up his hands.

“I ordered him to stop the car and té
raise his hands. He would not do it.
He grabbed for my gun. I would not
have shot him if he had put up his
hands. I intended only to rob him.. I
shot him in the right side and the bullet
entered his right arm and pierced his
body near his heart. I again told him
to put up his hands and once more he
grabbed for the gun. I let him have it
again, and this time the bullet bored
through his left arm.”

Shaughnessy said he next ordered
Blankenship to leave the car which the
bleeding man did. Blankenship made a
last desperate effort to stand on his feet
but he slumped down alongside the car.

“Half carrying and half dragging him
I managed to get him off the highway.
I shoved him under a barb-wire fence
and dragged him a few yards farther
into cover. I robbed him of about three
-hundred and twenty-five dollars in
money and his gold watch.

Seeks Aid For Victim

‘7 LEFT him there and went back and

got into the car and drove to a house
occupied by a Mexican family. I told
the woman of the house that a man had
been shot, accidentally. I asked for aid
and the Mexican family agreed to help
me. One of the men returned to where
Blankenship ‘lay and aided me in bring-
ing him to the house.”

At. the house, Blankenship addressed
the woman in Spanish, telling her he
had been shot and robbed and the family
refused to permit Shaughnessy to bring
the wounded man in, ordering him off
the place.

“T placed Blankenship back in his car,
and drove northward on the highway to
a point about twelve miles north of No-
gales where I turned off to the west for

about three hundred yards and left the
dying man on a pile of rocks. He asked
me not to shoot him any more and he
begged me for a drink of water. I
ae him I would bring him first
ai

“It was a very hot day and I was
nervous and excited. I kept driving on
down the road to where I missed a cul-
vert and the car ran off the road. I left
orders at the gas station to fix it—that
it was my car. The gas station man got
me a ride to Tucson in a Packard car
driven by a mining man, I fixed a flat
tire for him while en route to Tucson.
I left this man when we got in the city
limits. I went to the Santa Rita Hotel,
engaged a room and had supper. I was
awakened from my sleep in that hotel,
arrested and taken to police headquar-
ters. I had the stolen gun and money
I took from Blankenship with me at the
time of my arrest.”

I immediately called Sheriff Brown
of Santa Cruz county and informed him
that I had arrested the man who mur-
dered Lon Blankenship and that I had
his signed confession. I told him to go
out and find Blankenship and gave him
the approximate location where the boy
said he left the dying man.

Hurriedly, Sheriff Brown organized
another posse to search for the missing
Tucson auto dealer. Quickly the news
was broadcast everywhere in the state
that Blankenship had been shot and left
without aid somewhere on the hot desert
between Nogales and the Kinsley serv-
ice station.

Officers and civilians scoured the thick
mesquite brushland in the vicinity where
the Blankenship car had been. found,
while others formed a circle about the
district cautiously moving through the
deep black gullies and ravines. But it
was not until hours had passed that the
body of Lon Blankenship was found.
And then, by a curious twist of fate, it
was the dead man’s brother who found
it—concealed in the underbrush of a
lonely canyon on a pile of rocks ap-

Photo shows the state penitentiary at Flecpade. Arizona, where Blankenship’s
slayer. was held while he battled for almost a year to seraDe, the death penalty.

THe You. roe Menon NG Ste parectiye Anis TURES.

a ae

proximate
gales and
the main
Sheriff
removed
the bord
Arizona,
order, FE
county 4
against |
On Au
crime, S!
bar and
Charles
Superior
Judge
sentence
and bec
was guil
a jury. A
confessic
yisement
A few
moned
and inq:
to say 0
sentence
“T an
plied. “!
mercy |
But t!
ing circt
be show
murder.
Decemb

N ¢&
O She
Arizona
for clen
his cruc
house a
ghosts
woman
iron sti

For $

i
ia

of a
Streets
the do
A re
killing.
tino hz
of pap:
T saw
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had gc
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and as
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Fror
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Dagoe
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Infu
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The

- Lawmen searched a desert-baked
trail to find a cool killer...

ARIZONA’S
GREATEST

Strange bloodstains on Lon
Blankenship’s car were first
signs of his enigmatic murder. ‘

These were some of the questions
that raced through Wilbanks’ mind.
Obviously, the first thing to do was to
trace the youth who had wrecked the
Blackenship car and then disappeared.
But the initial results were not encour-
aging. He checked with Sheriff
Brown of Santa Cruz county and the
operator of the service station but they
were able to furnish him only with a

¢ MANHUNT

meager description of a young fellow
about 20 years old, dressed in a sol-
dier’s uniform.

The description, naturally, was far
too general for identification pur-
poses. It was Sheriff Brown who fur-
nished the captain with another angle
to the case. An Eastern youth Visiting
a relative who was the caretaker of
the Nogales armory had stolen an
army revolver and a dozen rounds of
ammunition and had disappeared.
Was there any connection between
him and the youth who had aban-
doned the car at the Kinsley service
station? Wilbanks decided to question
Kinsley once more.

He found the service station opera-
tor more than willing to help him. He
was unable to add much to the de-’
scription the captain already had of the
missing boy, but did tell him that after
abandoning the Blackenship car the
youth secured a ride into Tucson in a
Packard coupe driven by a Tucson
mining man.

Here was a real lead at last! Some-
where in Tucson there was a mining

Capt. P. Wilbanks sent his
men into the cactus-studded
area to solve the mystery.

man who owned a Packard coupe—a
man who frequently stopped at
Kinsley’s service station on his way
to prospect claims in the Santa Rita
mountains. If Wilbanks could find this
man he could get a definite description
of the boy who, he was certain, could
help clear up the mystery.

Meanwhile a concentrated search
was under way for the missing
Blackenship. Had he been robbed and
set afoot in the desert? Had he met
with foul play? Remembering the
bloodstained interior of his car, the
men on the case shuddered and threw
themselves into the task with fresh in-
tensity.

Wilbanks notified all his patrolmen
and the railroad and merchant police

(continued on page 34)

Japs Say Planes
Sink Yank Ships

SAN FRANCISCO, Apr. 6—
(AP)—Tokyo radio reported to-
night that the Japanese air force,
lounching “fierce attacks” on in-
vasion ships around Okinawa
Island, “already have succeeded
In either sinking or damaging
several enemy warships, includ-
ing battleships, cruisers and oth-
er types.”

Among them it claimed three
gireralt carriers. Ahe broad-
cast, recorded by the Federal
Communications Commission, said
that other details were being re-
ceived and that additional “war
results” could be expected.

There was nothing in the

erican communiques to con-
firm these reports. Adm. Ches-
ter W. Nimitz’ daily communique
( \} acknowledged that some Ameri-
id ean ships received minor damage
in a Japanese air attack but re-

\ ported that all remained in op-

erating condition.

“Gas Chamber
Claims Life
‘t_ Of Murderer

FLORENCE, Apr. 6—(AP)—-Big,

* Jovial T.ee Albert Smith, Double
Adobe farmer and former convict,
went smilingly to his death in the
prison’s lethal gas chamber today,
protesting that the State of Ari-
7onA was executing an innocent
man.

A Cochise county jury found that
ethe 240-nound, 63-year-old Smith
qpbludgeoned Ed = Miller, a former
cempl yyee, then took his pocket-

oO knife and slit his victim's throat
; as they rode in the back seat of an
a Nautomobile near Douglas. The body
eciwas sttiffed wnder a culvert.

S$; Records showed that it was the
exisecond time Smith had been sim-
jlarly accused, He was convicted
of murder in Texas in 1929 but
“ormer Gov. Miriam A. (Ma) Fer-
°S guson nurdoned him.

Slayer Pleads Insanity
S Smith pleaded insanity at his
@trial for killing Miller’ and_ his
© 29-year-old son, John L., who told
Slofticers he drove the car while his
Oi father committed the crime, re-
mained silent.

Shortly after the trial, however,
and again this week at a clemency
hearinz, the son, who is serving 30
to 49 vears for manstaughter for
his part in the crime, attempted

to save his father's life by assum-
iD ing ‘he hlame He no. longer
A, could be prosecuted for it.

> “You are executing an innocent
oc man,’ the elder Smith protested to
» Lon Wolters, assistant warden, as

they prepared to enter the death

echamoher.
Condemned Smiles Broadly

But once he was strapped in the
ehair and the poison pellets were
= into a pail beneath him,
Smith smiled broadly at the Rev.
S. B. Hannah, prison chaplain, and
inhaled the deadly fumes.

Parlier in the week Smith had
received his wife and son in a
farewell visit. Mrs. Smith then
left for California.

Smith was buried In the prison
cemetery at 7 a. m.

Chinese Deal
~ Blow To Japs

CHUNGKING, Apr. 6—(AP)
Chinese trops in Southwestern Ho-
nan provincé launched a major
tounteroffensive yesterday against
Japanese trops battling toward

Shensi province, northern gateway
‘8 war-time capital, the

|Vatican Paper Calls

»\Soft Coal Wage |

Japs Attack Fleet,
Lose 150 Planes

By MORRIE, LANDSBERG
| GUAM, Apr. 7
l\tacked the American invasion fleet in the Ryukyus in force for the
(first time yesterday and by late afternoon an incomplete count showed
1150 of the attackers shot down. There was every indication the raid
was continuing.

A fleet communique today said some U. S. ships received minor
damage but “all remained fully operational.” An invasion armada of
1,400 ships was involved in the Okinawa island invasion last Sunday.

In the Okinawa ground fighting, marines on the north end of the
American line scored advances up to 5,000 yards, still finding only
“small,

scattered groups of the} e
ne Planes Rip

while infantrymen_ pres-
{sing upon the capital city of Naha
jat the south fought deeper into
\fixed defense positions, Fleet Adm.

|Chester W. Nimitz announced to- H K

|day.

| Nimitz reported 539 Japanese ong ong
‘were killed and 166 captured in ;

‘seizing the Kerama Islands off the
‘southwest coast of Okinawa prior
‘to the main invasion.

| Count Is Incomplete

The count of 150 enemy planes|
shot down attempting to attack the,
iU. S. invasion fleet was still “pre-) (AP)---Fifty
liminary and incomplete,” the com-|bombed the Hong Kon
imunique said, for the third straight ¢

The carrier task groups were;day while in the Phil#ppines 11th
commanded by Rear Adm. Freder-| Airborne ParatroopePss~Janding in
ick C. Sherman and Rear Adm. J.!Cub planes, seized Lugena capital
J. (Jock) Clark. Some American;of SoutMern Luzon’'s Thhyab rov-
ships received minor damage but ince, and its two al

Third Day

By JAMES HUTCHESON

MANILA, Apr. 7-~(Saturday)
heavily

|
iberators
waterfront
y Wednes-

Force 58, reported to th
Washington his fliers dest
damaged 954 enemy plane
air or on the ground ‘

Mest an#i two snmgallef vessels
the |Oil. stordge flanks wefe spt abjaze
~,and fuel firPs spnt snjokefup. 6,000

feet. , ,

ing forces accounted . more J ;

Nitoeher also said that 244 enemy] Eprmpse Uf Id lasted
lsurface ship§ have been destroyed Th was no interceptian.
isince his fliers hit Southern Japan Othe# Liberators dropped 72 tons
|March 17 and then moved into the|of fragmentation bombs on For-
Ryukyus for the Okinawa invasion,!mosa's Poyghara Airdrome, leaving
325 miles south of Nippon. many parked planes in_ flames,

Ashore on Okinawa, 10th Army|while Mitchell medium bombers

| sank or damaged three good-sized

tankers and two small freighters in
the Pescadores Islands to the west.

Bombers patrolling the China sea
blockade destroyed a 10,000-ton
freighter-transport with three = di-
rect hits east of Hong Kong and
sent two smaller cargo ships to
the bottom off the China coast.

Seventeen small Japanese cargo
ships were sunk in waters to the
south.

divisions continued their advance,
imeeting resistance from organized
Japanese defenders on the south
sector near the city of Naha, but
only scattered enemy groups in the
inorth where the marines advanced
8.000 yards yesterday beyond
Ishikawa isthmus.
Minesweepers Clear Bay

Tokvo radio said American mine-
sweepers were cleaning up Naka-
|gusuku bay, off the Okinawa south-
least coast, with the protection of a
itask force of about 30 warships,
including 10 battleships and: cruss-

|
|

Borneo Oil Fired

Northern Borneo, now only 30
miles away from MacArthur's lat-
est invasion spot in the Sulu archi-
pelago, was hit by bombers of all
catego which set large fires in
the Tarakan oil storage area.

| Nakagusuko bay was secured on
ithe land side in the Seventh In-
lfantry Division sweep southwer4
|from Tobara. The bay, once a Ja\
jnese naval anchorage, would be
{useful to American supply ships
iwhich have been putting igvasion
|stores and equipment ashore on the
lisland’s opposite shore.

While the army fighters were en-
‘countering stiff, organized opposi-
ition to the south of the 100 or more
|square miles of the island under
i|American control, the marines to
|the north met bands of ragged, un-
itrained homgguardsmen in clear-
ing Ishikawa isthmus, |

The homeguardsmen, armed with|
‘hayonets or knives fastened to the
ends of poles--the marines call
them ‘idiot sticks’-—made futile
charges on Leatherneck: positions,
said Maj, Gen, Roy S. Geiger, com-

|
|

the lith Airborne Division advanc-
ed 20 miles in small planes to seize
Lucena, capital of Tayabas prov-
ince, and its airfields, while the
158th Regimental Combat Team,
with guerrilla aid, cleared the
province of Sorsogon south of Ma-
nila.

In Northern Luzon guerrillas
captured Bangued, capital of Abra
province, and were rapidly clearing

Forces Are Joined
In the central area the 43rd Di-

ban along the east shore of Laguna
de Bay to establish contact with the
14th Corps in Santa Cruz on the

mander of the Third Marine Am-| south.
phibious Corps. On Negros the 40th Division cap-
tured the Silay Airdrome = and

pushed patrols as far north as the
Alicante Airfield. Considerable Jap-
anese war equipment was seized.

Nazi Fighting ‘Hell’ was 8
Several enemy infiltration at-

VATICAN CITY, Apr. 6—(AF)—— tempts were repulsed on Cebu.

[Sin Vatican verlv. rt Roly phage dnd N M H

omano, commenting on Genera > °
azt Money fiits
New Madrid Low

Eisenhower's prediction that the
MADRID, Apr. 6-—~-(AP)-—The

war in Germany might be contin-
ued ipdefinitely by guerrillas, said

value of German money has slump-
ed into new low ground,

today that. ‘No words can describe
aiving evidence to the current
lit

such a hell.” |

M4 i ; ichs-
| Talks Disrupted [rai "ere's being peadlea tor 30

In the Philippine ground fi shting|

the Japanese from the entire sector. |

vision advanced 10 miles to Lum-|

several hours.” |

At the same time, Red army,
iforces battered out new — gains
|Aloug a 350-mile front in South-!
eastern Europe and were mopping
‘up enemy remnants on the Vistula
ldelta east of Danzig. Along the!
active front, 16,340 enemy troops:
(were taken prisoner,
, In Czechoslovakia, Soviet forces
swept to a point 38 miles south-|!

fire “Tor

—(Saturday)—(AP)—Japanese planes belatedly at-,east of the big industrial city of)*

‘Bruenn (Brno), while in Yugo-!
'slavia, Soviet cavalrymen. slashed
[through enemy lines within 41
jmiles northeast of the Croat capi-;
\tal of Zagreb and 104 miles from
ithe, Italian border.

| Sarajevo Captured

| The free Yugoslav radio also an-
;nounced that units of the Yugo-
‘slay army of national liberation
|jhad captured Sarajevo, Bosnian!
jcapital which was the scene of the|
assassination of Archduke Ferdin-
land of Austria which touched off
ithe First World War.

Moscow's communiques revealed
ithat a mass of Russian armor from
two armies was converging on
southeastern approaches to Vi

A swift drive

Bratislava »gap | carrniéd »~>Ma@

Rodid » a Pita nov&ky's } Second
Ukrai irmyAi e “win in-
dust vns/\jof Fischamend-
|Mar “Aschamend-Dorf, 12

iles southeast of the heart
Simultaneously, Mar-
Feodor I. Tolbukhin’s Third
Ukrainian Aro captured "the big
aircraft assembly and testing cen-
jter of Schwechat, on the city line
'six miles from the center of Vienna.

Tolbukhin'’s shock battalions

all remained fully operational, | ‘* ours ined bomb- Surging forward under a hail of
The enemy air force already had! 7 negere pend a eS coon Germs _pfortar fire leveled from
lost 1,212 planes destroyed or dam-| rag ind/[urecked ~hree merchant, Within / the smoke-shrouded city,
aged by American naval fliers since! .) ec ih A Arbo¥ with a shower. al ‘ed Alt-Kettenhof, ad-|
i atett of the Okinawa gpérations| os ‘ie fons of bombs. | joini Sghwechat, and on the
arc ; | Gent) s cArthur/and$ vorder of the city won
Vice-Adm. Marc A. M tscher,|, upeed Tesen the heavy bof mf ied] and Hennersdorf, 1'%
commander of U. S,. CatyJer Tasy) Rug direct hits on fa W,@0dton' ) the south
vv ia 4 4 F

(They were within a mile of the
Nazi-controlled Vienna radio trans-
mitter which asserted that Nazi
units had halted a Soviet break-
through west of the city through
the Vienna woods Moscow gave
no report on these forces which
had driven within 13 miles of the
Danube in an encircling maneuver.
Planes Blast Nazis

While Soviet veterans of, Stalin-
zrad and Budapest re orted)\ firm-
y entrenched themselves in South-
ern Vienna, frontline reports said
jhundreds of Red air force Stormo-
viks and medium bombers droned
overhead. Boring in close they
blasted. the Aspern. airfield in
|Northeastern Vienna—the one big
airport left to the Germans in
Vienna's vicinity --and machine-
lgunned the enemy’s escape routes.
| The biggest Russian guns, how-
‘ever, have not vet been turned on
the city, and Moscow. dispatches
said it. was unlikely the Russians
iwould shell the beautiful capital
until it had been completely sur-
irounded and the Germans had re-
jfused a surrender ultimatum.
| Meanwhile, a second Soviet army
|closed in from the east and north-
least. Cossacks and tankmen. of
{Marshal Malinovsky’s Second Uk-
jrainian Army were reported to
|have spanned the swift Morava
iriver 20 miles east of the city-and
jburst into the Marchfeld plain
\northeast of the capital in a drive
ito complete Vienna's encirclement
| The principal wedge driven into
\Vienna, dispatches said, apparently
lwas into Wienerberg where the
tussians were little more than a
imile from the great gas and elec-
|tric power plants in Simmering dis-
i trict.

The Moscow radio reported pop-
ular risings throughout Austria and
the broadcast said the Gestapo was
searching houses in’ Vienna: after
reports that an anti-Nazi organiza-
tion was preparing to aid the Rus-
sians in the liberation of the Aus
trian capital.

Meanwhile, German broadcast
again reflected Nazi fear of an all-
out offensive on the central sec!
of the Eastern Front opposite E

tha
the comm:
Group.

Ehrenbre
place east
United Sta
ae war &@
20 feet-—wi
ington for
28 years 1
ered th
‘

ent
191
Among
Bradley w“
H. Hodges
Gen. Georg
Army, Lt.
son of the
Leonard
Army.
Soldiers
ourtyardad

jas a speci

69th Infan
tured Ehre
hauled the

F lier:
ToL

NEW '
Allied (b
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a secret
roeket 4
warhead,
service sa

The us
near Cals
London, |
rific and
then capt
service re
planned t
rate of k
ice said,
end polie:
ing bomb
main des!

The (
iginally o
develop
ting the I
ened the
the battle
was in
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when 700
casters W
research ¢
1948. Bu
service &:
ready an
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Cre

NEW '0)
Levees cr
exodus of
major flo
down the
tral Lowis!

Calls |fp.
by the! R
Guard anid
agencies |
would pre
of life. |

An esti

lin, aimed at driving west to link
with Anglo-American Ss, Pe
ported by Berlin to be a
miles to the west, f
All preparation
river 31 miles
Marshal Gregory i. Sani
arshal Gregory K, Zhuk
in’s deputy, was sald to b
ing the right moment to

, er:

im 2

“Not a thing. Looks like robbery
might have been the motive.”
“Might be,” Pruitt agreed wryly, “if
it was a robber that figured he had to
‘Cut a man’s throat to make sure of get-
ting all his money.”

Ames brought down
- Stewart helped him load
_ “There is little we can do out here,”
Pruitt. said. “We’}] get the doctor to take
a look at him and try and fix the time of

-_ death a little closer.”
~ On the drive back to Douglas, Pruitt
‘ considered and discarded half a dozen
theories. The turned-out, empty pockets
spoke so emphatically that Pruitt was in-
clined to doubt them. The motive of rob-
bery was too obvious. Judging from the
dead man’s trousers and shoes, he had
€n a working man, not a likely.
victim. But to contradict this there was
the coat—that expensive camel-hair coat.
By the look of his "hands and
~of his trousers and his shoes, he

a farmer.
cattlemen in
> had defeated
If it had
dead man been slugged? It

the basket and
it.

of rich
the area, but the arid land

him, knife in hand, the resistance of the
the cold-blooded
determination of the slasher who _ had

Greed for a man’s money was one thing,
: ut it took more than greed to inspire the
cold-blooded cutting of an unconscious

stata matte

the front seat beside him. “T’ye got a

here long or one of us would know him.”
- Pruitt, Miller and Stewart sat in the
gloomy parlor of the mortician while the
undertakers worked in the back room.
They brought out the dead man’s clothes.
hen the officers searched the linings for
labels or cleaning. marks. They found
nothing to help them. -
doctor from the Copper company hos-

blunt instrument like a
hammer, not hard enough to kill but cer-

tainly hard enough to render him uncon- ~

scious, ;
“He’s been dead sometime between 12
and 36 hours,” the doctor said. “I can
do a post if you want. You find out when
he ate his last meal and Vil tell you within
30 minutes when he died.”
. “If we could find that out,” Pruitt re-
plied, “we likely wouldn’t need to know
just when he died.”
@ - The doctor shrugged and left.

"Pruitt turned to his deputies. “The

Story will be in the Papers tomorrow,” he

We'll send word

ried 26 road. I’ll get Charles Modesette to run
we rte Ne age oe ce “3 Pion

" going in the

_ usually either after supplies or some fun.

Pictures inside his frontier jacket. “I’m

going over now and ask some questions,
Chess, you and Stewart take a picture and
make the auto courts. He might have
planned to stay overnight, and if we could"

- pick up baggage or any trace of him, it”
‘would be helpful.” ‘3

AL THE INTERNATIONAL border, |

Press wire to
El Paso and Phoenix. No use running
around like a bunch of locoed steers when
we haven’t anything to go on, but I’ll be
down tomorrow and we'll start prodding.”

Pruitt returned to Bisbee‘ and made ar-
rangements for the wire stories to be sent
out. Then he telephoned the sheriff’s
i Phoenix. Neither

Monday morning Pruitt’s presence was

required in Superior ‘Court, and it was “Seems to me I saw that fellow going |
after lunch before he arrived in Douglas. over the line Saturday,” one of the patrol-§
He found the town buzzing with excite. men at the International gate said. “We
ment over the case reported in the Doug- had a lot of business and I couldn’t bei
las Dispatch. Half a dozen tips had been _ sure.”

reported. to the substation. Miller and Pruitt nodded and came back to. the
Stewart had carefully investigated them,
but they had found nothing of value.

M. E. Irwin, Douglas photographer
who had made several pictures of the body
on Sunday, brought over the’ printed pic-
tures shortly after Pruitt arrived.

The sheriff spread the pictures out -on-

ne AI ch ai mal:

going sotith of the
Mitted to take only two-dollar bills into
Mexico. 4
All United States Currency of other de-
banned in Mexico, }
and the possession of anything other than #
a two-dollar bill or coin is illegal. This ©
regulation was made necessary by a large ¥
quantity of Axis-controlled “U. Bl
rency which is be
Support espionage. and sabotage.
Axis money, some ich i

Anan iy

piled the dead man’s clothing on another.
“The way things are Stacking up,” he
figure is that
Brown Coat here didn’t live in Douglas.
We figured it that way yesterday but the
Story in the paper should have produced
someone to identify him if we had been
wrong.” ;

Miller nodded. “Which gives us the
rest of Arizona and all 48 States to do
our looking.”

Pruitt grinned.

parently the N. ’
two-dollar bill and this device has - satis-
factorily destroyed the value of German- -

the good brown
more about him.
He had some pride and he might have had
some money, and he wasn’t on his way to
work when he was killed. He didn’t wear
that coat in the fields.”

“So that makes him a transient,” Miller
said, “from-some place east or west and
opposite direction.” f

I think we can do better than that,”
Pruitt countered. “He put his 00d coat .
So we can be fairly sure he was headed
for town, but he didn’t stop to change his
trousers or his shoes.”

“That’s a pretty long guess you're
making, isn’t it, sheriff ?” Stewart inter- .
rupted. :

Pruitt nodded. “We're going to make a
lot of guesses about this. If we guess
enough we'll hit it.

“A farmer in town on a Saturday is

ow Brown Coat wasn’t married... .”
In response to Miller’s lifted eyebrows,
Pruitt said, “If he had a wife in this area
we would have heard from her by now.
So maybe he came to town to have a:
little excitement. That probably means
line to Agua Prieta. -

Pruitt stood up and tucked one of the

FSA S LL hee bie DA os hl inden
teats Bee its

sah hia
sfisrtaauras

| ANVIL-SHAPED THUNDER CLOUD

loitered across—
the sky between the Dragoon and Chiracahua Mountains,
their fat bodies spreading patches of black shadow over
the rich grass lands of the Sulphur Springs valley.

East of Douglas, Arizona, U. S. Highway 80 skims along the
boundary fence which separates Arizona from Old Mexico,
then swings north. On this Sunday afternoon of August 8,
1943, the broad concrete roadway was empty, but there was,
plenty of traffic in the sky. Big, twin-engined AT-17s from the
Army’s Advance Flying School north of Douglas roared over-
head like a hundred giant eagles searching for prey. .

Eighteen miles east of the smelter city a flight of ATs
zoomed over the deserted roadway. ;

From a sandy wash beneath the -welcome shade of a giant
mesquite tree, four heads lifted in unison and four pairs of eyes
watched the ships break their dives just short of destruction.

“Phew!” Private first class W. T. Newman let his breath
escape with a whistling sound. “If the old man saw that, those
boys would be on the ground from now on.” oF

Newman, his buddy, Joe Turkey, and their girls, Betty Yeager
and Martha Tancrown, had selected this spot on the warm
desert for a picnic.. The boys had a 24-hour pass, and like the
postman who walks on his holiday, they were spending it eating
in the open.

Ted Newman’s sharp blue eyes followed the ascending pat-
tern of the big trainers. His:deeply tanned forehead wrinkled
in a frown. “Your see that, Joe?”.

“No, what?”

“Those ships must have flushed about 50 buzzards out of that
arroyo by the highway. Must be something dead down there.”

Joe glanced at the girls and then shook his head. “You must
be seeing things. How about some eats, kids? I’m hungry.”

Newman said no more, but when the meal was finished he

_ wandered off by himself to investigate,

When he returned, his face was white beneath its tan. “There’s
a dead man under that culvert,” he announced without preamble.

Sy MAR K

TATHMIM LIT oT
ae te ;
DETECT I

_.man, face down. .
__ For a moment the sheriff of Cochise County stood and studied
the lifeless figure. The dead man’s trousers were of serviceable

ae, ret,

VE, April, 19h);
“We better go tell the sheritt.”
Newman reported his grisly find
‘Miller and A. C. Stewart of the
station at Douglas. :
“I didn’t get very close,” the boy admitted.
was a man and I[ knew he was dead.”
Miller took the soldiers’ names and ascertained that: they

ae: could see he

to Deputy Sheriffs Chesley. .
Cochise County sheriff's sub-__

could be reached later at Miss Yeager’s home in: Douglas. Then ~

‘he placed a long distance telephone call for Sheriff I. V. Pruitt
at the county seat in Bisbee, 25 miles away. Re

Thirty minutes later the sheriff’s big blue Buick pulled up
in front of the substation. Big, square-jawed I. V. Pruitt had
ridden the cattle ranges in southern Arizona for more than
30 years before his neighbors and friends elected him sheriff.
As chief law enforcement officer of a county bigger than some
eastern states, Pruitt had established an enviable record.

Miller and Stewart came out of the substation. “You want
to talk to the soldiers that found the body?” Miller asked. .

“Not until we get a look at it. Did you notify the coroner ?”

. “He said to go ahead. Ames, the undertaker, is on his way

out now.” : oe

Pruitt slipped the car into gear. There was no conversation.

Fifteen minutes later Miller said, “We should be getting

close. The way he described it, it is a little this side of Antelope

Butte. I figure it must be that big draw where the highway put
in a new culvert last year.”
Pruitt nodded without slackening speed. = ae
The road curved, climbed, and then headed down grade to
cross a sandy-bottomed arroyo. Half a dozen buzzards, dis-
turbed by the approaching car, lifted their wings in flight. Their
red eyes gleamed balefully. : :
Pruitt. stopped ‘ and stepped out.

His high-heeled boots _
slithered down the’ sandy bank, He saw that as it approached’

the highway, the arroyo had been compressed. Its ambling .

shape funneled into.a giant steel culvert, the culvert in turn
supported by a concrete lip. Pk ae ; :
In the damp shadow inside the steel tube lay the body of a

khaki, dirt-stained at knee and cuff. His shoes were heavy,
high-topped elk brogans laced. with rawhide, and above their
tops were heavy grey cotton socks. But his coat was brown
camel hair and of good quality, outstanding in contrast. to his
other common clothes. : : as

The two front pockets of his trousers were turned inside. out,
and the lining of one hip pocket was half exposed to view.

“Let’s move him out of here a ways,” Pruitt said.

They tugged at his feet and twisted the body over to get it
out in the sunshine. He was young, younger than Pruitt had
thought at first, in his early thirties perhaps. His ears were
red from the wind and the sun, his brown hair was faded with
‘dust and weather, and his dark brown eyes stared emptily at
the officers.

_ The flesh of his throat above his Adam’s apple had been.
slashed open. Blood had spilled down his shirt front and onto

the lapels of the brown coat. :

RUITT STUDIED the man’s head ‘for a moment, then
leaned down and touched his scalp. His fingers encountered

“See if they left anything in his pockets, Chess.”
While Miller went through the dead man’s clothes, Pruitt

_ stepped back to look at the hard-packed sand at the bottom of

the wash. The wind had blown away whatever tracks had been
there. ae ‘

. A big black hearse pulled off the road above them, and
Howard Ames, the Douglas morticlan, came down to join them.
“Who is he?” Ames asked. Ze
-“T was about to ask
“Ever see him around?”

Ames studied the dead man’s features, then shook his. head.

“He’s a stranger to me.”
“How long do you think he’s been dead?”

Ames considered this for a moment. “Figuring his. condi-

e 25

tion and the weather, I’d say not more than 24 hours.”
Pruitt nodded. “Find anything in his pockets, Chess ?”

you the same question,” Pruitt said.

half a dozen lumps. “Slugged him first,” the sheriff observed.

THE SUSPECT swore ‘inno
man, and he persisted in his denials—auntil
his son’s confession, implicating him. broke
him down. (Photo portraying scene is
by professional. mode

eee

; aay stot
: ae

24° t
ot be,
nal ht

Biri

fags rit .
Kg a

‘ sara ve
“
* bee
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petedy
a:
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de Paro
igure
a
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eget
0) ~?t
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a aheteg {3s

I es Ss nt
yy oon peach Pat -
‘pherts

pee S

pee
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‘ P|
rs Pais ‘
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‘ a > '
- te <
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af ' te a“
sow ai Chas 16k 10
< Sol aecaahet mand ‘
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ee
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quest
eured

China

Marches
“Troops
o'Area

N, China, May 1 13
—Japan marched.
sh troops. into
ma garrisons’ and
urces expressed
1¢ it was a step
aign for the ulti-.
est of China.

iere totaling four
oar

WRN crite the Trent. !
= Rarrisxons :
aged By Duce
erces asserted” that!
ouraged to make the |
‘ms annexation of Ethi-!
ce of the Jleague of:

leading Kuropean

suth ef the Great
trated 80,000 north

t Wall and several
other points of In-
ee

am in Tokvo aaid the
ywould not injure
fanty or the vested
her powers.)

hhinese sources as-
treep movements
@d either for the
supation ef North
ner Mengolia or for
future wari with

t portion of the new
tered in barracka of |
concession in Tient-
$900 troops are ata-
dw iwhile the number
ancient capital of
t **= sumber there

"eo... ——pected
they belteved the re-
ere forerunners of a
iginon of 15,000 men.
were reported bhuy-
of lands in Thetaku
einity of old porta in.
. They also are plan-
- modern, foursiane

2a -s..._ a ae 7 ae a

SU LB EFANG ACK whites esphryxs

Officer’s Slayer 1 ies

By Gas

In Arizona $ Lethal Chambe

CN Oto

Lone INCE, May

Ho ifiuctht ate Correspondent)

SSI G6

Afb smoking a cigar, Jack Sullivan, 23-year-old kill
strode into the gas chamber at the Arizona State Prison near here at dawn tod

watched the heavy door swing shut after he was strapped in a straight-backed ch:

inhaled deeply as the first of the cvanide fumes welled up
stogie, inhaled ayain—and died in atonement for the murder of John Bradbury,

f reinforce- .

about him, spat out '
a ri

road officer and a former Coe
county sheriff.

Two physicians pronounced Si
van dead &', minutes after he
tered the cas chamber.

Carefree Abandon

He died as he had lived—r
carefree abandon.

The 23-year-old slaver never
tered as he marched to his doom

He apparently was more at ¢
than anv of the &2 witnesses
packed all available standing ri
in the stuffy chamber to
through a wide glass window
watch the State of Arizona cl
Sullivan's Jife because he ki
Pradbury while the officer was
sisting in. “frisking’’ a carload
indigent transients in the Soutt
Pacific yards near Bowie March

1935.
Marched From Cell

Stripped to trunks and shoes,
warm marched from the death cel
occupied many months, and wu:
short flight of stairs to the exe
tion chamber just a few mini
before 4 a. m.

On its threshold. Rert = Pol
prison vard captain, halted 8&1
van and asked: “Im there sg
thing you want to say to War

Walker?” The warden stepped |
ward.
“Yes,” hegan the biond, ew

haired youth who never learned
read or write but was quick on
draw as he shot the veteran offi
“T want to thank all of you
lows... You certainly have b
fine to me.”

The warden mumbied = ackni
ledgment and added some we
of encouragement.

Thanks Attorneys

“T want to thank my attorne
continued Sullivan, “They oh

done everything possible to 4

my life. Jf t had paid them «ait
lion dollare they couldn't have ‘d

more for me.
; Even as Suiliven. oheek han

fil]. Arizona Sin

wer

toh
yd thane oA
Belorretarae

(2 eet ne! 4!

“eo *
“ES Pe ole

he ROGER HEINE
Céeinelte. ibd aa

: : & : ; ; } rar vey
—_ Peat Fa tty Erery 7" : eR Foonye «ps : oh yy gh 2 ey }-
ence ree eas Le : 9 Faas TANT og. wf ps S emmge sgestaenh G8

a re "
RN
“ rm ma vk P

m ~ a
R-., 3
ry

es Ge 2 reed

(NKS ATTORNEYS

ectition Soa Lethal
Chamber Takes.
Oiie Minute

‘iliee Photo, foto, Pake: 5) poe?
RENCE, Mav-48 STAB),
pack; Pelliva saartnaking
nd his promise; to: meet |.
SW wilt a smile, paid
ie ith: the. _ state, Briss
‘ thst “tart iM rok if as a, ic oe te Ab. 4 Ss. ewes .
bau febia ore heeds | od: by: 8 tom ne FSratic of

+ $e sua

sping Bd fat

he wale a Ue is Tx to thé
ber): Su d

ed. a elgar

Lei.
aiay te fed esentr dete Torey.

F ay mptiees aa “Ser FR i .
eK: a 1 yr 8
iad Pen - PAAR) e pager tay: yi wer

rota a *, gee
rege v — ~ te south
i Poaered

rene S

ee 5

owe
see at

nan ye censaty SS

ok ese ee

a, ae : PY . SF.

'%, (Special to Arizona Gazette)
WORENCE, Arizs.,.April 16.—Simplicio
Mexican. paid the death pen-

Phere today when he was hanged at
rptate prison for the murder of Vic-
#L. Melik, constable of WilNams,
Wis, on May 1 of last year. The trap
ys sprung at 10:04 a. m., Torres’ neck
broken and death following in-
iNo statement was made by the con-
mned man on the scaffold as to his
refit or innocence, Just before the
cap was fitted over his head he
asked if he wished to say anything
he replied briéfly, in a calm, clear
stating that he “‘held no malice in
heart’ toward ‘anyone connected
th his arrest and prosecution and that
faced death with ‘forgiveness for all
former foes.’ The execution was
tnersed- by about a dozen. persons,
though there was quite an assemblage
de the prison gates.

Torres’ bearing was that of a sane
pan and he exhibited none of the symp-
uns of insanity that had been alleged in
(fidavits and by friends In their efforts
secure a commutation of sentence.
Zorrez’ mother ahd two brothers waited
buiside the prison to recelve the body
ter the execution. It is understood
that it will be taken to Williams for

:
pa
= J

t. The life of Torres is one filled with a

ae 4, Life’ of Crime
eeeerres, who Was sli in his twenties,
Me born in Willlams, Arizona, the scene
eehis final crime,
eid’ not seem. inclined to vt «
ee. shut when, about. 14 years of age
HaCe. is viston limited to the hortson
othe small community in which hé al-
ays had lived, his self importance as-
ofted itself. His. parents found him
bporrigible, and did not protest when
law was firm with him, following
Preral arresta for petty larceny, The
mst of chickens was a’ favorite pas-
me, though anything might find its
wey into the ession of, Torrez if the
mer was not watchful.
weomenout three years ago Torres served
@ * first sentence in the state peniten-
ey, having been convincted of attempt
Manway robbery. This act was the {irat

SS a“

pid

; Surance which could only

% Iety of experiences. ‘

|
While very. young ain sales in men's wear,

mn-to-besemeg' nuisance’ to -the +

‘
‘
4

of °>
Ld

sd , “an _ 7 :
; we ad i
, (Associated I'rese Leaged Wire)
WASHINGTON, Aprt 14,—"The
. Overall club’ teday obtained: what
amounts te effielal The

navy department gra Pormilsaten
to members ef such a ciub formed
by civilian employes at the Nerfetk
Navy yard Mampten Roads paves
to purchased the denim from the Aavy
eat a cost "6¢. Twe quite ef ever-
alla of the etandard type warn by
the Amer.can divejethets are te be
allowed eecth ola® memeer,

“ft

Overalia on Bench

BIRMINGHAM, Ala., April ‘14.—The
lowly overall today supplanted the “pinch
back’ in Birmingham. Rajay weather
served to fortify the waveriag tntestions

the other fellow d@id’’ before they donned
denim themselves, As @ reeult the pledge
to put ‘em on today Was universally kept.

City commiasioners functiéved in den-

merchants wore thetr with an as-
ve been &-
quired after long practice pefard the
malrror. .
Wome Algo Organize
Th owompn had quietly “orgeniged”™ af
home, Towards noon, many in
Greases of calico ‘and: gingham. and. the
variety of colors ggve the. dows BUG
tion the appegrauce’ of.a earmival . |
Retail olothie¢a: rere }

ee A

WETS: g b nef i nit HP apes age

dees. ‘The oper

a fo +.
thinn $40 fora epit,'
Wert; of the et
ment is no

the cost of.
: ¢ 4 SAR ee ESR a
; Mevement Secours Rapidly
KANSAS CITY, Mo,’ April 10.--The

“overalls cluty’t ake — aR
teat against F he
ee a a Sroagneut" the

ing ts epreading repid
south went. * |
Dispatches sald clube had been forwme
ed in numerous places in Missouri, Kan-
uns, Ol¥ahoma, Texna and Arkanaas.

y dangerous thing Torrez did, . In

inateannra ha east ano own oMA threat.

The movement in Misseurt began at

tm, judges applied the law in the: same'
uniforms; wankers, Goctore, lawyere and.

e
(Associated Press Leased Wied)
WASHINGTON, April M-—téex

Ras auhed permienten from |
UnRed Slates te move array
Arertean terrttery os eas eatin
the etete ef Serere from mee
Ne setien on the request

been taken.

Tre Carransa gevernment ets
t2 meve Ne ferces en the Men)
Centrai iine te Ei Pase, ther
theougnh Amertean tervitery te Seu
'0, Artgeona, and eerese tre bounds

te
the
Ree |

taken, ,
The only other peotat of attach eg:
Sonera ia through (he Pypitte peak,

of those who had resolved "to seo what! 'Ween Sonore and CRihushwum and if

aki that tie pass could be éofende
a very q@nall ferce ef Bomore trecgt

WMeatee frequentty tas &

eb aR teh capa Ri

wy aerty ie

FSU SSmLSento 145 vasv eee ee
having been convincted of attempt
was robbery. This act was the firat
ly dangerous thing Yorrez did. in
instance he used a gun and threat-
the lives of his victims. After
ly a year of confinement Torres
med to have reformed, wus a truct-
model prisoner, and his sentence
reconsidered and he was puroled.
Returning to his native town, the lat-
part of January, 1318, Simplico quick-
forgot his lesson, and kept the police
tanuy vigilant lest he harm some
or damage property. Thite episode
given a thrilling wind up. .
Back to Prison

— ss

Dispatches said ChuDe
ed in nuinerous places In Miseoert, han-
xas, OlUahoma, Texas and Arkansas

The movement in Miseourt began at
Jeferson City, where state house officials
and employes are signing piedgesa to
wear denim wntil clothing prices are
reduced.

Kaneas City, Kansas, @alina, and Wich-)
ita all report large followers of the move-

ment. :
inaugural “Ousfit’ le Overeiie

The inaugural “outfit” of the Rev. Jo-
seph Brogan, mayor: elect of Emporis.

Kas., aud president-elect of the Emporia
Overalls club, will be overalls, scoordiag

to his an nounoement.

¥arly one afternoon, Torrez mounted
cowbuy's pony which had been left
de a pool room, and raced it down
main street of the town, a revolver,
unately unloaded, In one hand. Rein-
the animal abruptly at a corner,
dismountta and entered a grocery
e, while the proprietor was busy.
Mplicio slipped a few cans of peans
his shirt and left by a side door.
ting other stores he got a small
ortment of tobacco, groceries, ofc..
the same light fingered way. Know-
that the officerss would quickly be
er him. he took a razor from a butcher
DP, then ‘‘aequired’ a prospectors’
na of burros and hurried out of town,
ng word that he would resist ar-~-

‘

i
é
t

Rer hin.
opping
es cooked

nt the night.

at u vacant ranch house
supper and evidently

With his customary
erso temperament, he cooked his
Son a bonfire built on the foor

Sther than on the stove and kicked

and kill any one who might come!

reports several hundreds members.
In announcing the thon of on
Overalls club at ngas) Univernity.

Chancellor Frank
lead the mem

ing the cottage &
home @

garb for both

The movement in _Okishoma is of
statewide proportions, Okiahomm City
reports aaid. -

Dallas and Amarillo, Texan, and Pine
Bluff, Ark., and Hot Springs, Ark., were

towns in those states report:

ng the
among tion of the clube.

ing the founda

toulevilte Forms Club

LOUISVILLE, -Apriit 16.—An
club” was formed tn Lauisvitie teday by

the Exchange olub. Kighty-ftve
bers pledged their support to the

ment. It ts
in the movem

meg
meve-

ave

embers about the house, according
the large hole burned jn the floor

Adding a tarpaulin, a small mat-
and some children’s toys to his
pment he rode up in the mountains
made camp a little over twenty
from Wijliams. Here he bytchered
calf with the razor he had purtoined
eet up housekeeping. He was capt-

sone Williams, who had carefully aie
pached the damp and surprised him-
floor of the pup tent, two loaded

on hfs lap, several wreaths of

* twa

FN a

ting a tey drum in front of him.
he was consigned to the atate

reformed, to all appearances, and
% leas deggey allowed him his free-
= this was on a petition from the
ts of Coconino county, of) whom
the most. active
the man Torres murdered...

Hie Last Crime :
ately following his . relened,

“2 4;
, <I
2

pwhile Re did not at once -

until.on May 31, 1919, Consts
| was notified that’ Te

fr on OU

ie
og
“2
é

ied smaller scorched places around the|

on the third day, by three Jofficers |

apprehended, Torres was gitting

Mtiowers about his neck, and he

was Victet

PMele Terres went back to Willfams] .
law by personal insults he coms }*
4 made his pre-ence unpleasant)
me. polices. Scatcey two. week?

ak ry :
i Lan r a 34 sy
at te ft. ;
bagel wi Putyge rae, Pw th
c: ase ad ie Silty: bab
# ee Oe ae
ti = [RFs oe f
Pi . oF
%

dresses.

that women fein.

PLEA MADE 1U |
BUILD ARMORY
IN THIS CIT

Asked to give final anaes sa to
city’s wilingnees to ald the adputent &
eral'e\ office in erenting an armery |
the national guard here, the ety oe
infesion requested unt May 18 te rey

Advecates of tha new samnary, ins
ing adjulant general Walter A. Inge
Cot. J. H. McChintoct, Barnett EB as
Capt. AC. Taylor, Mert Ciingaa, Cx
Harding and numerous others, have pe
tiened the city to donate a tulding
and $66,000 toward the proposed aormx

It was gtated at (Re meeting Priday t
Tuceon had matched the stata tu
Goller for dolisr for the armery
and that the seme pian was being
plied at Flagstaff and Yuma,

The property recently presented to
American Legien en North . fevy
avenue !¢ the proposed site for the &
aceomiing to City Mec

“

st
s

* ‘4

eg 4 7°
RES
>

es ether

Phen SPOT GLI. Ee CF
; aoe:

a AN

4 complaint

‘ ACIFIO REPORTER, 2d SERIES

We believe that the evidence is of exc’

> Xd question. a nature that no reasonable jury, whether

a am

al.

com-

you can

er was rea-

.pe her was rea-

f ainson:. Now, your honor,

as nothing in here about rape.
object to that.

/ “The Court: That part may be

f stricken and the jury instructed to dis-
/ regard the matter of rape. There is no
f tA

evidence regarding it.”

the objectionable remark had been made es
not, could have returned any other verdict
than guilty of murder in the first degree
The trial court was in a much better pos

\\ ‘tion than we to.judge of the Pernicious ef
fects of such a reference. By its denial cf
a motion for a new trial—wherein this point
was strenuously urged—the court in effec?
found that the statement was not so inflam
matory or prejudicial as to justify the re
quested action. We find no abuse of discre
tion.

It would unduly extend this already leng-
thy opinion to discuss defendant’s remain
ing assignments of error—some of which
were not even argued in his brief or urge?
on the motion for new trial—suffice it t-
say that all of these have been carefully. ex
amined and considered and found to bt

without merit, In reading the transcript of
‘ : .
: [28,29] The trial court very properly the long drawn out trial we are impressed
: i ‘di i i that the learned trial court was most care-

i ury to disregard this objec- : : Was :
Maule tela oe the posal Or- ful in safeguarding the ee ae
ion . : c
dinarily such action by the trial court cures of the defendant. No assiguments nia Pe
the error, but such is not always the case. are predicated on the instructions given the

€ »

: : se.
While we recognize the potential inflamma- jury as to the law governing the ca

tory tendency of any reference to rape, par-
ticularly where a white woman and a Negro was ' if
are concerned, it must be pointed out that tinized the entire record and we hold tha’

there was no evidence that any rape had defendant was accorded a fair and ese
been committed or attempted. As the jury _ tial trial and there is ample evidence to ju

well knew there was nothing to substanti

such a remark. It rested wholly in the im-

agination of the prosecutor and hence
jury after the court’s admonition co
have been swayed thereby.

ate tify the verdict rendered,

Judgment affirmed,
no

uld PHELPS, C. J., and STANFORD, LA

PRADE and WINDES, JJ., concur.

Due to the fact that the death penalty
as inflicted we have painstakingly scrv-

SE RENAE ld asa cro a

PE Shas

REYNOLDS vy. REYNOLDS Wash. 421
Cite as 275 P.2d 421 .

Bertha Marle REYNOLDs, Appellant, |

v.
Robert L. REYNOLDs, Respondent.
No. 32900.

Supreme Court of Washington,
Department 1,

Oct. 14, 1954.

Action for divorce. The Superior
Court, Benton County, Orris L, Hamilton,
J. granted divorce to both Parties and for-
mer wife appealed. The Supreme Court,
Grady, C. J., held, inter alia, that where
civorce decree granted husband custody of
children for two months of year, absence
of provision for visitation by wife during
that period did not deprive her of visitation
privileges consistent with husband’s cus-
tody and wife had remedy should reason-
able visitation be denied.

Judgment affirmed,

Olson, J., dissented in part.

1. Divorce €=298(1), 299

Where it was obviously wife’s inten-
tion to sever all ties between children and
their father, welfare of childen would be
served by awarding wife general custody
of children but granting husband privilege
ef having children with him at prescribed
times and having their custody two months
of each year and _thus affording husband
©pportunity to combat any efforts of wife
to alienate affections of his children from
him.

2 Divorce e299
Where divorce decree granted husband

custody of children for two months of year,
absence of Provision in decree for visita-

' tion by wife during that period did not de-

Prive her of visitation Privileges consistent
with husband’s custody and wife had rem-
tdy should reasonable visitation be denied,

3. Divorce S308

In divorce action, evidence established
that decree requiring husband to contrib-
ute $130 per month for support and main-
tenance of childen was adequate for. suit-
able standard of living.

4 Divorce S=252
On appeal from decree granting di-
Yorce to both Parties, record established

that trial court had complied with statutory
requirements for equitable division of prop-
erty when it awarded husband automobile,
insurance policy on his life, one radio, and
tools, and awarded wife other property.

RCW 26.08.110.
_—o__..

Wayne Gladstone, Richland, for appel-
lant.

Olson & Olson, Pasco, for respondent,

GRADY, Chief Justice.

The appellant has taken an appeal from
a decree of divorce. Her assignments of
error are directed to the custody of two mi-
nor children, the Support money for them,
and the division of Property.

A review of the marital difficulties of
the parties culminating in a decree award-
ing a divorce to both of them is not neces-
sary for a discussion of the assignments of
error.

The children, a boy and a girl, at or about
the time of the entry of the decrec, were
of the ages of seven and five years, respec-
tively. The court found both Parents to
be fit and Proper persons to have custody
of the children. The court awarded cus-
tocy to appellant, Respondent was given
the privilege of having the children with
him at certain Prescribed times and of hav-
ing their custody from June 15 to August
15 of each year. An assignment of error
is directed to the latter part of the visitation
Provisions of the decree.

[1] The appellant requested the court
to award her exclusive custody of the chil-
dren without visitation Privileges on the
part of respondent. The record shows that
while the divorce action was pending, ap-
pellant required that the visits respondent
made to his children be in the presence of
the man she intended to marry. The court
was of the opinion that in view of the at-
titude of appellant and her desire to sever
all ties between the children and their fa-
ther, such an order should be made as would
enable them to associate with their natural
father and have the benefit of his affection,
influence, and guidance. In this way the
welfare of the children will be served ang

aloha

tol ida Came: Bish

i
ee anon, REPURLIO. eee ow

x ., hunting: noises. e néar’ table ak
. Last of Two Parts’ : by one of, the:Cadillac-borne party. .

epg All tracks led 2 pr theasterly, and it

appeared that the fugitives. might be”
Having been ap-' trying to’ make tieir way on foot to
prised of a grue>. the Santa Fe Raiffoad main line. So,
some murder at. Sheriff Thompsonmpnd his party. head--
the Oak Creek..ed for: Adamana pt the edge of the

county sheriff “of Holbrook: At te depot there they
Henry Thompson. spotted. Jim Steel and Bill Sesh:
.commandeered . secthe wanted: men. 4 . fa. ae) aw
Globe’s only brand.., "Wor rf” ‘out 4 i,

new 1910 model. a a nd hungry, the ‘army
Cadillac and took off posthaste for.. deSerter espesados surrendered
‘“gcene of the crime. — “without resistances They. were hauled
xs *” off to jail ih Holt ook’ and from there
¥. With him went J. L, Naquin, the” brought! by traifijto. Phoenix, finally

Me rar’s owner; Walter Shute, county: being: trans ort ad back to Gl b
prosecutor, and Tom Brewer, driver?! automébile, a ape. .

amechanic, a necessary accompanist ie
hose days of unreliable motoring.

There: a. gran ¥: id jury: -indieted both
or murder.in tip first degree, and
* Sure enough, there at the station ia foe by then much h: Fee earn ian
; the bodies of Fred Kibbe and Alfred.’ solate- pair went | trial before Judge |

| Hillpot, prominent young Globe busi- Hrnest-Lewis ingTerritorial District
j nessmen. Pursuit of: their killers Court. District, At forney Shute, having
| began right then and the Cadillac was ~ 'seen‘p personaly He bloody results of

j urged through rugged country to the their foray, condy@pted the prosecution
vicinity of Casadora Springs, at which: ‘with Tighteous fefyer.

‘point a bearing burned out. me
F : “es p- Lawyer Thomal E. Flannigan. also
However, mechanic Brewer was un- -put forth -his best#efforts in the pairs’:

fazed by that catastrophe. He found, defense after ha¥ng first obtained a
_the machinery. of an abandoned ‘saw-. -severante of the§case, ‘meaning that

‘mill nearby and.:picked: out enough Stewart and Steelep—whose real name
metal for a new bearing. Having care- turned put to. bé qf John B. Goodwin—

, fully made a mould out, of.sand, the would be tried segarately.
} ingenious Brewer. “melted... down. the.

metal and turned out anew bearing. 7 enced:-to life dmprisonment: Then
Meanwhile, various © posses;: ‘trate. Stewart went on riakand, wound: up

. ranchers, Indian trackers and free- with the-auie se ene: De ere te: Te

’ lance. manhunters:alsg wefetscouring os a

the countryside for, the: two*fugitives « 15 de .

who by that time.had abandéned their ee *

worn botaee | im favor of shuts Mitre: Nr | A BAD Si ale in

Oe * hae yates fe “ébting ‘go Hieinousy

"3 so. “nirehe? was... the... hunt. Sa ah a BubtAttornel | Fiahnigan: wasn’t.
northeastern Gila. County - fog. several: satisfied... sand, cgnsequently, made a
- days. was .no- safe place. for. man. or>< dad~ “mistake. E ping ‘he could win.

ose sags for a

eae

stage station, Gila Petrified Forest @bout 20 miles east -

-Geodwin,. first the dock, was:sen- ‘

: beeeh. aR Tags twe ede oh out acquittal for. hi | killers, or at

least. get them off with a lighter sen>

_ tence, the. barrister came up with the

-argument that Territorial court didn’t.
have jurisdiction. The killing: took?
place on a government Indian reser-:
vation and involved only white men. ;
Therefore, Flannigan contended, a
_ federal judge should hear the case.

Territorial Judge Lewis sustained

that contention, and then put on his .
other hat, to preside as a federal judge »
over the second trial. A U.S. attorney, «
one Joseph Morrison, took over the.

prosecution.
--That second trial was disastrous for*

Goodwin who was sentenced to hang. :

As for Stewart, he was right back

where he started with a life sentence .

staring him in the face.

On thesmorning of May 13, 1913,

more than two years after the crime,
Goodwin was unceremoniously hanged
at Globe after having bitterly remark~
ed that he hoped that.some day his.
executioner: would choke to death.
That wish eventually was granted, for

some years later the executioner did.
~ die of cancer of the throat.

xk &k &

FEDERAL Prosecutor Morrison,
like defense attorney Flannigan be-

-fore him, wasn't entirely happy about
‘a life sentence for Stewart. He man-

aged to have that lone survivor of the.
killer pair retried. Thus it came about.
that Stewart also was hanged in the’
Globe jailyard a bit more than a year”

_ after his buddy. dangled into oblivion, 3

-Both Goodwin and Stewart, it ap-
pears now, were just hard luck guys

‘destined to die at the end of a rope, a
fate they obviously deserved. —

However, if their attorney hadn't;
tried so hard; if he had just stuck with’

‘their original life sentences, both m

very likely would have walked out of
prison after serving about 15. years.

Sumy?

eae ota
slats eal Se ces thin NY

i eile

se cane calahe ina caat aiden

We doe Nae, a ti igs 6a

454 Utah

of their married life both of them have
saved their money to make his education
possible with the hope of increasing his
earning capacity, which as long as they
remained married to each other both would
enjoy the benefits thereof, and since the
court has found that the divorce has re-
sulted from his wrongful actions and she
has thereby been deprived of participating
in the enjoyment of his increased earnings,
she is therefore entitled to all the property
and in addition to receive from him the
sum of $475.00

[1,2] Under Sec. 40—3—5S, U.C.A. 1948,
where a divorce is granted the court may
make such order in relation to the property
as may be equitable. The matter is in the
discretion of the trial court which will not
be disturbed unless the court abuses its dis-
erction. The facts in each divorce case are
different and cach must be determined on
what is equitable to the partics under the
facts of the case. Sce Lundgreen v. Lund-
green, Utah, 184 P.2d 670; Woolley v.
Woolley, Utah, 195 P.2d 743; Allen v. Al-
len, 109 Utah 99, 165 P.2d 872; Anderson
v. Anderson, 104 Utah 104, 138 P.2d 252.

(3] Through schooling appellant's carn-
ing capacity has been substantially in-
creased during the marriage period and re-
spondent’s carning capacity has not been
proportionately increased during that time.
To make this schooling and their savings
possible she has worked practically through-
out their married life. Without her work-
ing the bulk of the property which they
have would not have been accumulated, and
he probably could not have accumulated it
had he been single and had he followed the
same course which he did. How far either

211 PACIFIC REPORTER, 2d SERIES

one would have gone without the other is
largely a matter of conjecture. The facts
and circumstances amply justified the court
in dividing the property as it did even if
treated as a division of the property but
does not require that she be awarded a
larger portion thereof. The court acted
well within its discretion and we will not
disturb its decision thereon.

[4] In settling their property rights the
court took into account the defendant’s ter-
minal leave bond and since the defendant
desired to have most of the property
awarded to him the court ordered the de-
fendant to cash that bond and pay to her
the value thereof or to pay plaintiff the
equivalent thereof in cash. Under threat
of punishment for contempt the defendant
paid into court the equivalent of ‘the bond
in cash. He contends that the court ex-
ceeded its authority in this matter since
section 36 of Title 37 United States Code
Annotated exempts such bonds: from as-
signment, legal process or taxation. That
section does not prevent the court from
taking into consideration such a bond in
determining a division of the property in
an action of this kind nor does it prevent
the court from enforcing its judgment by
personal coercion as was done here.

Other points are argued on both sides
but after considering them we do not think
they require any comment. The judgment
of the trial court is affirmed and respondent
shall recover her costs.

WOLFE, LATIMER, and McDON-
OUGH, JJ., concur.

PRATT, C. J., concurs in the result.

Ce DAR a er, cement Mp

STATE v

. SERNA Ariz, 455

Cite as 211 P.2d 455

oo Ariz, 181
STATE v. SERNA.
No. 987.

Supreme Court of Arizona.
Nov. 21, 1949.

Angel B. Serna was convicted in Superior
Court of Pinal County, W. C. Truman, J., of
murder of the first degree and he appealed.

The Supreme Court, Stanford, J., affirmed
the judgment, holding that witnesses were
properly permitted to testify although their
names were not endorsed on original infor-
mation and amended list was not served up-
on defendant until a few minutes before
trial, that evidence that defendant shot a
person other than decedent with a pistol was
admissible, that statement of counsel for
state in closing argument was not a com-
ment on failure of defendant to testify, and
that instruction on first degree murder was
not prejudicial to the defendant,

1. Criminal law €=628(3)

Trial court properly permitted wit-
nesses to testify in prosecution for murder
of the first degree, although their names
were not endorsed on original information
but were endorsed on amended list which
was not served upon defendant until a few
minutes prior to trial, where defendant did
not request a continuance to ascertain what
witnesses knew, and defendant rejected of-
fer of trial court to recess trial until de-
tendant could inform himself of what the
witnesses would testify to. A.C.A.1939,
§ 44-759.

2. Criminal law €=369(1)

Generally evidence of other crimes is
inadmissible to prove the specific crime
charged,

3. Criminal law =369(15), 371(12)

Evidence of crimes other than crime
charged is admissible te show motive or
identity of defendant.

4. Criminal law ©=369(3)

Evidence that defendant shot proprie-
tress of a cafe with a pistol was admis-
‘ible in prosecution for murder of another
Person whose body was found late on the
same afternoon in home a few hundred
yards to rear of cafe, notwithstanding evi-
dence related to a crime other than crime
charged,

5. Criminal law €=1137(3)

On appeal from conviction defendant
could not question propriety of given in-
struction requested by defendant.

6. Criminal law €=721(1)

Under statute providing that neglect
or refusal of defendant charged with crime
to be a witness in his own behalf cannot
prejudice defendant or be used against
him, counsel for state may not comment
upon failure of defendant to testify. A.C.
A.1939, § 44-2704,

7. Criminal law €>721(3)

Statement of counsel for state in clos-
ing argument to jury in prosecution for
murder of the first degree that defendant
had shown no acknowledgment of what
had happened and had shown no remorse
during trial, was not a comment on failure
of defendant to testify prohibited by stat-
ute, A,C.A.1939, § 44-2704.

8. Homicide €>18(5), 340(1)

Where evidence showed homicide was
committed for purpose of robbery, premedi-
tation was not an element, the robbery
being the legal equivalent of premeditation,
and instruction defining murder of the first
degree was not prejudicial to defendant
even if it failed to properly define delibera-
tion and premcditation.,

—

L. Alton Riggs, of Tempe, attorney for
appellant.

Fred O. Wilson, Attorney General, Jo-
seph Pyle Ralston, Assistant Attorney Gen-
eral, F. Preston Sult, County Attorney of
Pinal County, Florence, Robert Murlless,
Deputy County Attorney, Pinal County, of
Florence, attorneys for appellee.

STANFORD, Justice.

An information was filed in the Superior
Court charging defendant with the crime
of the murder of one Catherine Gohn on or
about the 29th day of December, 1947,
The defendant, a Mexican laborer, worked
at the Superstition Service Station several
months prior to said date. Said service
station is located about one mile in a
southeasterly direction from Apache Junc-

j
1
:
-

*0S6T ‘62 AINE UO (TeUTZ) PUOCZTAy peqeTxfydse SuvoTxeW **q Tesuy ‘VNUAS

AEE NN 08 Age " en
EE I I PTT ARRON OS AP hl RSet

4
&

456 Ariz. 211 PACIFIC REPORTER, 2d SERIES

tion on U. S. Highway Nos. 60-70. On and that he would pick him up as soon as
Sundays defendant served as a jockey at the he was through watering some sick horses;
Apache Junction Race Track. On Monday, that defendant drove away in the car;
the 29th day of December, defendant failed Marchand finished watering the horses and
to report for Work, but stayed at the Apache went to the ranch house and got a rifle and
Junction Cafe during the morning and early with Mrs. King, his employer, drove to the
part of the afternoon. The evidence shows highway. As they reached a place called
he drank some beer during that time 2ud Sand Tanks, being east of Apache Junction,
attempted to purchase from the bartender, they contacted the officers in a police car
Fred Morrison, a certain race horse. Mor- coming from the direction of Apache Junc-
rison offered to sell the horse for the. .in tion. The two cars stopped at the Sand

of $400. The evidence further shows that Tanks Station and he advised the officers

defendant went to see his employer, S. 2, of defendant’s whereabouts. Leaving Mrs.

Oldham, at the Superstitution Service © -a- King at Sand Tanks he went with the offi-
tion in an attempt to get the money »:th cers to apprehend defendant. As they ap-
which to purchase the horse, but failed to proached the place where defendant was in-
About 3 P.M. on said date de- structed to hide they found that he had
ared at Thompson’s Service already been captured by officer Earl Par-
located approximaicly rish, who was with other officers.

procure it.

fendant appe

Station and Cafe,

one half mile west of Apache Junction on When captured defendant had on his per-
au ig y ” IX e- Dp - 2 °

se i @ nigh , pies a“ UT son a wallet containing approximately $30,

chase ‘ val 5 c xy O} °

nes Se nehaeciacae 4 and a camera, both of which belonged to

portion of it, then left, returning within a i ,
: ; the deceased Catherine Gohn, and a 38

few minutes after another ctistomer, vio ‘ ,

a tl fe. had i sat d nt caliber H & R revolver. The officers also
was in the cafe, had gone, anc asi do + determined that the automobile in which he
his place at the counter. Presently he pag 4 “i h ' M

1 pulled hi ith his leftahand 1ad been riding was the property o Ts.

wn 2 : = we -leftsh: : ' ‘e
arose ane’. panes = a wen i 788 Gohn. The officers then went to the Gohn
= rene to 7 oo *'TS. home, which was located a few hundred

wed Thompson and her two caug — 4 yards to the rear of Thompson’s Service
go into a small room. He then said “This Station. There they found evidence of a
; ot) ” aa . P . « . "4
= 7 seis up Py ada ie gesair Men him violent struggle and blood stains throughout
oe a we = said “80, 4 the house. On a bed they found the body
mean it, put your hands up”, which she did. of Catherine Gola

Mrs. Thompson then said that he grinned
and pulled the trigger. The bullet from a
38 caliber pistol struck her in the breast
and she ran out the back way with her
daughters and started in the direction of
Apache Junction, but she was picked up by
a passing motorist and taken to the Mesa
Hospital. Iler two daughters continued to
Apache Junction and reported the shooting.

From investigation and an autopsy it was
found that deceased had been beaten with
a sharp object which could have been the
barrel of a revolver, and that she had been
shot. A ballistics expert testified that the
bullet taken from deceased’s body and the
bullet embedded in the wood of Thomp-
son’s Service Station were in all probability

At about 4:30 P.M. the same day defend- ee Sl ~ sercness which. defendant

phy 1ad in his possession when apprehended.
ant appeared at King’s Ranch, about ten
miles east of Apache Junction, and asked
Paul Marchand, a cowboy acquaintance, to
drive him to Safford, Arizona. Defendant the crime o
stated to Marchand that he had just shot fixing the penalty at death was rendered,
Marchand testified that be- and the judgment and sentence of the
court was that the defendant was adjudged

The case was tried in Florence, Pinal
County, Arizona. A verdict of guilty of
£ murder of the first degree and

two women,
cause he saw a pistol in defendant’s hand,
he told him he would take him to Safford. guilty of the crime of murder of the first

He told defendant to go down the road and degree and that he be punished by inflic-
drive his car into the bushes and wait there tion of the death penalty.

Cy EEA Ef EB ARH em ON am.

STATE y. SERNA
one Cite as 211 P.2d 455 at a
} € of appeal to this court was giv
given reasons stated j i

ae: the judgment of conviction and sen- new trial, on tthe. eccgrth i
tence, and from the order denying defend- MLR
ant’s motion for new trial.

The defendant has presented six assign-

ments i i
: ae error of the trial court which he “Wh ge
asking this court to review. Also he has *n an indictment or information is

submitt was filed :
rary Faigle benny of law, but oe of all the witnesses or de-
a fe v of all of the questions sub- n whose evidence the indict
mitted can be determi : or information wa iPro
ments of error uch sees tac, assigN- thereon before .. yaa a mat on
A ;
eee county attorney shall Siidoese: ao oH =
~ dictment or i : re
witnesses i bahia ent or information i
to testify over objection of the court may by rule or pericali time as the
wise prescribe

defendant, whose
z names were not endorsed th
oo e€ names of such other wi
sth oo information, but whose Purposes to call. A aapigesy me
aro9 gaps fag orsed on an amended list, the said names shall not thick she mr
Link, Fea nice nade upon the or sufficiency of the ‘ssllbtitegs: ae
‘ clock of the morning mati i nace:
b pushers ( ning mation, but the court in whi indi
es. es ee just a few minutes ment cr information was aa rk a
heaton ie pina at the case was to be application of the defendant ce
. names cf such witties be i :
; . lesses to b
. 2 The Court ered in admitting evi- No continuance shall be silica Eee
dence of another offense than that with the failure to indorse any of the setae: a
re defendant was charged i uniess icati de at the
: ged, particu- “ess such application was mz
larly the shooting of Mrs. Thompson, over earliest opportunity and thon oa ae
* objections of the defend inuz i rest of
ant, whereby COMtinuance is necessary j i
he obj f the ny cont essary in th 2
fendant was prejudiced, and thereby de- justice.” * ae
-_ ed of a fair and impartial trial. This
; especially true when considered with co
le instruction given b
y the Court as to testif
when evidence of 1 8 ee baies were
: ere no
wie bo ied crimes may be ad- the original information, No : = on
1. ete Purposes they were in this case that the Pistactieg wake —
| J as found-
3 ae ed on the testi i
3 ae ; mony of witness y i
PO wats pbb oy not granting the not testify. The ne hos — ne
mee a new trial, be- ] i i ! Rings
coon Ot Kets m ant is that Section 44-75 i
u eg
joo ac 23 < the County At- county attorney to indorse Rg cg =
nek Cie nie ge 4 e closing argu- ment or information the witness oye
the fact that the def em commented on poses to call. In this reg: we aha
ents defendant did not take the our case of State v aa te yeaa
s Ste . King, i
ee P.2d 915, 919: pe pe i
: ne Court erred in its failure on its oe eo *

wn motion to instruct the jury th i
net eee ¢ jury that the these rules is to enabl i
aro rand ian not take the to prepare Sdevestdhger chee “ oe
i se es ~— be held his defense. They are not mide =
statements made ; esis phat of the vide an avenue of escape. The ies dant
stots fas mM om county not having asked for a be aian rie
lbh: sth ne g cate, difficult to discern wherein he was sche
ke oe = ie its instruction to diced by the order of the court sohetng
sae sate empted to define the witness to testify.” See also State :
rt Dee ~~ Cassady, 67 Ariz, 48, 190 P.2d 501
he Court erred in denying de- |

fendants :
ants motion fo i

ra new tria :
Hip set 1 for the tir

The first assignment of error is based
upon Section 44-759, Arizona Code An-
notated 1939, which reads:

1, The Court erred in permitting two

The assignment of error was that the
urt erred in permitting two witnesses to

The purport and intention of

[1] There was no request for a con-
nuance of the case by the defendant in

|
ess district of
is damaged in
racked all of
ngs on Main
no injuries.
f store build-
Bottled goods
ocery. store
to “te
ro
e1
1 j
Pa

land of 115-
many of the
stuceo cano-
ks. The jolts
ese onto the

roped off the
‘ict. He said
ions and one
open.
jal area was
e some brok-
ty of broken
be the only

nudpots and
t out of the
of farm pas-
belleved this
earth cracks
vater under
the Vail Ir-
‘dd open and
yids but the
epaired.

AD its share
} in the past
ing like this

viey, lar

, were jolted

image there
with Cali-

¢ felt as far
the Arizona

A gtim, heartbroken deathwatch took
Angel B. Serna ealmly went to his death in the
wonfan. Outside the office Serna’s mother
with his life—(Republic Staff Phote by Willis Peterson) (Additional Pictures,

pe LO

Wide Gontroals :

Gain In Favor
Joins Move; Lucas’
Sights Compromise

WASHINGTON, July 29 (AP)—
Sen. Irving Ives, New York Re-
publican, declaring the world
situation js grave, said Saturday
night President Truman should
have at least standby power to
impose wage, price and perhaps
rationing controls.

Calling on congresa to grant
such authority, Ives said:

‘Unhappily, there seems to be
evidence that the Korean crisis
may be an initial step in an over-
all Russian program for. world
conquest by forte, rather than an
isolated and unrelated tragedy
which just happened to occur.”

IVES, IN A RADIO broadcast,
accused the Truman administra-
tion of not being frank enough
with the American people, and of
having a tendency “to soft-pedal
the gravity of the present crisis.”
He spoke out as pressure ap-
peared to be mounting in congress
for far broader and more string-
ent curbs on the economy than
the limited controlg Mr, Truman

sentiment
came from Sen. Scott Lucas, .Ili-

On Home Front

nois, the senate Democratic lead-/upon the body of any perso. by

a prisoner serving a life sentence.
Treason against the state of Art-

Sern
At.

his debt to-society just before,
own, life as the -penalty for a
‘brutality in which: one woman’
robbed, beaten, raped, and slain.

Other Crimes
May Call For

the Arizona penal code, 1939,

They are:
person on a railroad train,

"Wrecking or attemptin
wreck in any manner a
train. -

Assault with a deadly

zona ‘or the United States. .

early Saturday outside the Arizona State Prison office.
lethal gas chamber for the murder of an Apache Junction

na Pays For C

Florence Exec
"By WILLIAM KNEELAND ake
(Republie Staff Correspondent)

FLORENCE, July 29-——Angel, 8.. Serna, convicted |

Death Penalty

FIRST DEGREE murder is not
the only crime for which @ person
may pay with his life according to

Six other crimes are listed for
which the death penalty may be
assessed.

Robbery of a passenger or ther

to
a

Perjury on a witness stand
which results in the conviction and
execution of an innocént. person: :

and sisters kept vigil while the ex-jockey paid for his crime

Page 10)

rime

¥ mat seh

ution

24 s
ay hy

derer,

dawn Saturday when he forfeited his
brief; orgy of, unprovoked crime and’

was shtt and wounded and another

Serna’s death in the state prison’s new lethal gas chamber ended
more than two years of litigation and appeals for clemency by which
he vainly sought to evade the sentence to die.

A Pinal County Superior Court
of the murder of Mrs. Katherine Gohn, 64 years old, at her isolated

jury which found Serna guilty

cabin home near Apache Junction
December 29, 1947, assessed the
death penalty at the conclusion of
a three-day trial that ended May
13, 1948.

The slight, 27-year-old former
jockey and itinerant was strapped
in the death chair of the gas cham-
ber before the 31 men listed as of-
ficial witnesses were admitted to
the small viewing room at 4 a. m.

None could see the doomed man’s
face fully.

AS THEY WATCHED, they could
hear and see Lon Walters, warden,
mani te the levers which were
_| to-release the cyanide pellets into
a sulphuric acid-water solution be-
low ‘the death chair.

“Several pellets became stuck in
the'chiute. The seconds ticked past,
and’:Walters shook the levers.
Finally the pellets began to slide
through the chute, and at 4:04 a. m.
the witnesses saw each of two

nod to the warden to
that Serna was dead.
‘Maofficial timing indicated it
> Fag 3%. minutes. for the

ial’ gas to effect its purpose.

wit

mp2
"His last hours were spent in

comprry. of the Reve Joseph D.
Jacq..:, a Carmelite'priest, with

ES bantize

- j4Orts t

= 2) SO) Benen

o boost the state's already
impressive industrial and tourist
activities,

Haas asked that the association
go on record against the bill.

FT WAS VOTED, however, to
leave the decision up to the direc-
tara of individual chambers.

A poll of more than a score of
delegates trom all sections of the
state showed that 11 chambers al-
ready “have taken steps against
gambling. “eo”

These are Phoenix, Tucson,
Douglas, Flagstaff, Safford, Mesa,
Gilbert, Globe, Yuma, Winslow, and

The association did resolve, how-
ever, to give all-out support to
sage this fall of the state bill to
#liminate the manufacturers’ in-
ventory tax.

Ld
IT ALSO VOTED to join forces
with the Arizona Hotel Association
in requesting the legislature to set
up a state promotton and develop-
ment bureau backed by a substan-
tial appropriation.
Discussion of these two projects
constituted the main business of
the two-day conference.
Plans were formulated for the
presentation in every Arizona com-
munity of a king-size display bro-
chure. which points up the varipus
(Continued On Page 2, Col. f)

Life Guards

Y/Prompt action by two Roosevelt
Swimming P#0] lifegu d the
South Phoemix) Fire / Department
was credit turd ht with
saving the4ife bf Newell Crook, jr.,
six-year-o

Malik, Soviet. dele

The United
adjournment str
wegian United |

Informed sou
who will become
Lake Success Tu
announcing the @
before the meetin

tisse ade arte
re . ’
on the weenee cal
an adjournment ¢
days” will be requ
various delegation
their governments
The . western. n:
roneeee to have a
.N, secretary ge
Malik to submit
soon as possible.”
so, the western n
cided that.a requ
ment would be “t)
do under the circ
formed sources sai

REPRESENTAT
western powers h
secret meetings Sa
assured that, what
tempts at the secur!
ing, Malik will not
any sort of politic:
victory.

If, as has been
munist quarters, he
cil to condemn tl

It was taken fo
alik will take ac
return to hurl a.
tack against the Ur
her western partne
portunity.

Jitney F

8 of Mr. and Mrs.
Newell k, 4120 South Seventh
street

Fred Olsson and Ray/Wifner/}i

to come to the surface.
guards said he was in the

The youth was admitted to. St.

Monica’s Hospital for observa’

‘sf.

’ pe: ees a Prat eee Te Wor nearer err vet Tent Timo irate

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store to settle with his boss. He was the
last person seen in the store prior to the
discovery of Nachtrieb’s body. Although
a reward was offered, the murder was
never solved.

It was further reported that one of
the Committee members drowned him-
self; another one became demented. How
the other accounts were “squared,” or
in what time, is not known.

Nobody Laughed
When Smiley Died
(Continued from page 25)
which was better equipped.

Wattron accordingly contacted the Al-
buquerque Citizen job printing plant and
impatiently awaited results.

The first appearance of the sheriff’s
notice was in the local newspaper on
November 11, 1899. The Holbrook Argus,
under the heading, “A Weird Invitation,”
first let the cat out of the bag. “Sheriff
Wattron is having fifty invitations print-
ed which read as follows:

You are hereby cordially invited
to attend the hanging of one George
Smiley, murderer.

His soul will be swung into eter-
nity on December 8, 1899, at two p.m.
sharp.

The latest improved methods in
the art of scientific strangulation
will be employed and everything pos-
sible will be done to make the sur-
roundings cheerful and the execu-
tion a success,

—F. J. Wattron

“There is a grim humor in this rather
remarkably worded invitation. We have
no doubt but that the sheriff will do well
in his unpleasant task connected with
that occasion. Whether Smiley. joins in
the invitation in the same spirit remains
to be seen. His past conduct has been
characterized by a remarkable ‘coolness,
and as the time for execution approaches,
he is losing none of his nerve. He may
conclude to assist the sheriff in making
‘the surroundings cheerful and the execu-
tion a success.’ ”

HE SHORT write-up in the Argus
was probably greeted locally with
the desired chuckles, but otherwise there
was no great commotion, one way or the
other. Outside of Holbrook it was a dif-
ferent matter.

By the time the invitations had been
printed and sent out, trouble was on the
way. The Albuquerque Citizen, in whose
plant the printing had been done, printed
a brief story on the invitation, and of-
ficials and citizens who had received the
summons also helped spread the word.
The Arizona Gazette, published in
Phoenix, printed the story on its front
page, headlining it, “A Disgraceful Af-
fair.”

“The sheriff of Navajo County,” re-
ported the paper, “who is the Republican
elected at last election in that county,
sent the following letter broadcast over
the country, which without doubt has
done Arizona more harm in many ways
than would an Indian war. The letter
is ...a disgrace not only to the county
of Navajo, but to the Territory of Ari-

zona and should forever put the idiot
who wrote it out of politics in Arizona.”

After quoting the invitation the article
went on: “Think of a sane man in this
enlightened age sending broadcast over
the country such a notification. It would
do credit to some Bowery blackguard, but
we feel thankful there are not many such
flippant men in Arizona as this fellow
Wattron, and if there are they will prob-
ably have sense enough to keep still
about it.”

The news story was picked up and re-
printed all over Arizona and the South-
west, and when an eager reporter wired
it to the Associated Press the fur really
began to fly. Outraged newspapers all
over the country were soon vilifying
Wattron in their columns, as was the
European press.

C. O. Anderson recalled in later years
that the story “appeared in the London
Times, the Berliner Taggblat and Paris
Firago, and they commented upon the
brutality of one of the Governors in one
of the American Provinces.”

Wattron and Holbrook squirmed under
this verbal barrage. As letters and tele-
grams continued to pour in, the sheriff
probably wished he could in some way
speed up the clock and have the whole
mess over with. Barroom banter had
somehow turned a run-of-the-mill execu-
tion into an international incident.

Various church groups were upset
over the situation and President William
McKinley, obliged to do something about
it, wired the governor of Arizona to ex-
press his official dissatisfaction. Gover-
nor Murphy, already harassed from
many quarters, took prompt action.

On December 8 the Phoenix Arizona
Republican printed the governor’s proc-
lamation giving Smiley a‘ thirty-day re-
prieve. Under the headline, “Respite for
a Murderer,” the article deplored the
situation “occasioned by the ghastly jocu-
larity of Sheriff Wattron. The ill-timed
pleasantry of Sheriff F. J. Wattron of
Navajo County has lengthened the life
of George Smiley, the murderer, by at
least thirty days. Unless there is an in-
terruption of the United States mails,
a document is already in the post office
at Holbrook which will interfere with
festivities with which it was intended to
enliven that town today.”

The article included the governor’s
“Proclamation of Respite” which said in
part, “The sheriff of Navajo County,
whose duty it is to execute the con-
demned and bring about the just expia-
tion of an awful crime, has seen fit to
publicly advertise and issue cards of in-
vitation to the execution of the con-
demned in unseemly and flippant lan-
guage and in terms which have brought
reproach upon the good name of this
Territory.

“T therefore deem it proper in this
connection to express unqualified dis-
approval of such methods so that the peo-
ple of the United States may know that
trifling with the dignity and solemnity
of justice is not tolerated in Arizona... .”

The article concluded with, “This in-
vitation has been copied throughout the
country, particularly by eastern papers,
and comments have been made upon it
which were not favorable to the sheriff.

True West

It has been suggested that he is possessed
of a rudimentary humor which deserves
cultivation with a club in the hands of
a muscular fool killer, and altogether the
production of Sheriff Wattron has been
regarded as another proof that Arizona
is not quite ready for statehood. The
‘cheerful surroundings’ at Holbrook will
not be made any more cheerful by the
governor’s reprieve. The object in is-
suing it was to reduce the hilarity which
has pervaded the sheriff's office since
sentence was passed on Smiley. Perhaps
at the expiration of thirty days Sheriff
Wattron can be brought to a more gloomy
state of mind, when the working off of
the condemned may proceed with a due
regard for the seriousness of the occa-
sion.”

HERIFF WATTRON, by this time,
had been made to look like a heart-
less fool throughout the country; he was
alternately humiliated and fighting mad.
As he stomped about town puffing on his
long black cigars, he was gratitfied to
note that the majority of his fellow
citizens were unexpectedly behind him.
In a long article in the Holbrook Argus
on December 16, the sentiments of the
newspaper pretty well summed up the
feelings of the community: “It is openly
expressed here that the prime motive in
granting the respite was to gain a little
cheap glory for Governor N. O. Murphy
throughout the East, and the moral con-
sequences of the act were not considered.
“Ts it an act of Christian charity ...
and is it removing all stain upon the fair
name of Arizona to prolong the agony of
the poor trembling wretch confined with-
in the prison walls, to build up new
hopes of life within his bosom, only to
ruthlessly smother them and again bring
him face to face with the horrors of
death within another thirty days?

“Is it an act of justice to the tax pay-
ers of this county to heap additional ex-
pense upon them by prolonging the time
set for this execution? Why not, if the
governor’s sense of propriety was so
outraged by the language of this invita-
tion, administer a rebuke in a Christian
spirit, with a heart tempered with mercy,
by commuting Smiley’s sentence to life
imprisonment? This would have relieved
him of the horrors of his approaching
execution, and probably aided more than
any other act to kindle a spark of better
sentiment within his benighted soul. We
are not vampires thirsting for human
blood. id

The citizens of Navajo County knew
the sheriff was in the wrong, but they
were also closer to the facts of the case
and recognized the situation as a rather
bad practical joke which had gone very
sour.

Wattron was faced with preparing
another invitation. He didn’t dare pro-
duce another invitation in a light vein,
and yet if he did anything else it would
be construed as knuckling under to the
governor and his host of critics. It might
prove very difficult, he thought, to have
the last laugh.

When the day of the execution ar-
rived, fifteen invited spectators milled
around the gallows. Wattron had craftily
mailed invitations to the governor and

September-October, 1967

other critics too late for them to attend
the affair even if they had felt disposed
to come.

On January 8, 1900, George Smiley
quietly ascended the scaffold, accompa-
nied by Wattron, Deputy Sheriff Barg-
man,.and Father Dilly, a priest. When
asked if he had any last words, Smiley
said, “Nothing, except I thank the sheriff
and deputies for many kindnesses, and I
die a Christian.” At 2:15 P.M. the trap
was sprung and eighteen minutes later
Smiley was pronounced dead by the two
attending physicians. He was buried in
an unmarked grave in Holbrook.

The Arizona Republican of Phoenix,
one of Wattron’s most bitter critics, com-
mented acidly: “There was received at
this office yesterday a black-bordered
missive—an invitation by Sheriff F. J.
Wattron of Navajo County to the execu-
tion of George Smiley, who was hanged
at Holbrook the day before. It would
have been too late for the recipient: to
avail himself of the invitation if he had
desired to do so. The invitation is not
without interest on account of its differ-
ence from another issued by Sheriff Wat-
tron about two months ago. Some fault
was found with that invitation, which
disclosed a hitherto unsuspected vein of
humor in the sheriff which nothing but
the genial influence of a hanging could
bring out strong. Governor Murphy ad-
ministered an official rebuke by post-
poning the execution and the newspapers
of Phoenix applauded the course of the
governor. The invitation now at hand is
a sarcastic rather than a funny docu-
ment. From being a humorous official
the sheriff has grown morose... .”

N SMALL PRINT at the top of the
inviation, Wattron had noted that the
Revised Statutes of Arizona, Penal
Code, Title X., Section 1849, Page 807,
made it obligatory for sheriffs to issue
invitations to executions, but unfortu-
nately did not prescribe any form. “I
would suggest,” continued the sheriff at
the bottom of the document, “that a
committee of Governor Murphy, Editors
Dunbar, Randolph and Hull, wait on our
next legislature and have a form of in-
vitation to executions embodied in our
laws.”
The invitation went on:

With feelings of profound sorrow
and regret, I hereby invite you to at-
tend and witness the private, decent
and humane execution of a human
being; name, George Smiley; crime,
murder.

The said George Smiley will be
executed on Janusep=-&.1900, at 2
o’clock p.m.

You are expected to deport your-
self in a respectful manner, and any
“flippant” or “unseemly” language or
conduct on your part will not be al-
lowed. Conduct, on anyone’s part,
bordering on ribaldry and tending to
mar the solemnity of the occasion
will not be tolerated.

F. J. WATTRON
Sheriff of Navajo County

The words “flippant” and “unseemly”

(Continued on page 72)

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@ SHERIFF F. J. Wattron was rough
and tough but he also was a very correct
man. That’s why, back in November,
1899, he found himself in a whale of a
stew.

His first hanging was coming up and
he wanted everything to be just. right.
The gallows was built -and all legal re-
quirements had been taken care of. No
trouble there. The problem that set him
on edge was how to invite witnesses to
the execution.

Wattron knew he just couldn’t go
around and ask them—that wouldn’t be
proper at all. A letter might do, but
somehow it didn’t seem to reflect the
importance of the occasion.

At last the worried sheriff turned to
a tome titled Social Guide for Ladies
and Gentlemen, a handbook containing
much information on tea parties, quilt-
ing bees, and the like, but the social
amenities to be observed at a hanging
were not mentioned. Nevertheless, the
book gave the officer a feeling for the
elegant phraseology he thought would

-be suitable.

He sat down and laboriously com-
posed an invitation to be sent to all
official witnesses and took the copy to
the local printer, who suggested that it
be run on heavy cards bearing a black
border around the edge.

»”

“Fine,” Wattron said, not a little

proud of himself. “Now you be sure to-

send one to all these folks on my list.”

Within a few days a number of citi-
zens in Navajo County, Ariz., received
the following invitation:

Holbrook, Ariz. 11/28/1899

You are hereby invited to attend
the hanging of qne

GEORGE SMILEY, MURDERER.

His soul will swing into eternity
on December 8, 1899,
at 2 o’clock P.M. sharp.

Latest improved methods in the
art of strangulation will be em-
ployed, and everything possible
will be done to make the sur-
roundings cheerful and the exe-
cution a success.

F. J. Wattron
Sheriff, Navajo County

The effect was not exactly what Wat-
tron had anticipated. When the grizzled
ranchers and townspeople had finished
reading the black-bordered invitations,
they laughed hoarsely, slapped their
sides and wondered if Wattron had hit
his head in a fall from his horse.

They were convulsed by the thought
that a tough hombre like Smiley, who’d
shot a friend through the head in a bar-
room brawl, should rate such a fancy
send-off.

The loud laughter soon found the ears
of the governor and he promptly hit the
ceiling—he feared that the incident
would somehow reflect on his adminis-
tration. He dispatched an investigator to
Navajo County.

Wattron found himself very much on
the carpet. “The trouble was,” he sheep-
ishly explained, “that I got to lookin’

_ in that danged etiquette book. You see,

this is my first hanging—I didn’t know
exactly how to go about things.”

Told of the situation, the governor
said he would be willing to forget the
affair if Wattron called in all the invita-
tions and had new ones printed. These,

the governor stressed, would not be
‘penned by the sheriff but by a state

official.

Wattron did the best he could, but he
was able to get his hands on but three
of the original notices—by now most
people considered them collectors’ items.
Finally, hoping the governor would for-
give and forget, he sent out the new
invitations:

“Holbrook, Ariz. 1/7/1900. With
feelings of profound sorrow and regret
I hereby invite you to attend and wit-
ness the execution of the human being
by the name of George Smiley; the
crime, murder. The said George Smiley
will be executed on January 8, 1900, at
2 o’clock P.M.

“You are expected to deport yourself
in a respectful manner; any unseemly
language or conduct on your part will
not be allowed. Conduct on anyone’s
part bordering on ribaldry and tending
to mar the solemnity of the occasion
will not be tolerated—F. J. Wattron,
Sheriff, Navajo County.”

Thus it was that George Smiley, after
he’d enjoyed an extra 30 days of life,
finally was hanged. All witnesses, it
later was reported, acted calm and dig-
nified, making the occasion a grand suc-
cess.

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Badman of Chasm Creek
(Continued from page 39)

ly interested, knowing that he was much
nearer to the $5,000 reward that was
being offered—dead or alive.

Chasm Creek tumbled down precipitous
boundaries of sheer canyon walls. Its
huge boulders, caverns and recesses, well

covered with trees and brush, were ideal
for a criminal to hide away in, never to
be found or seen except by the sharp
eye of the eagle—or the ever alert
Apache.

At 5:00 A.M. the hotel proprietor
knocked on the Sheriff’s door to call him
to breakfast, as he had been requested
to do. When he received no response, he
opened the door to find the room vacated.
A note had been left, stating that the
lawmen would return the following night.

Bob Wingfield stopped by the feed
yard at 6:00 A.M. to feed the Sheriff’s
horses, but found that he and his depu-
ties had departed. All that remained in
the yard was the horse of Bob’s small
son, Howard, and some draft animals of
the various freight teams. Bob fed them
and went on to his store a block away
to open up for the day’s business.

Daybreak in Chasm Creek, fourteen
miles from Camp Verde, found the
Sheriff and his deputies climbing in
stocking feet toward the cave where the
Sheriff had been told they could find
the man they sought.

The only living soul they had seen on
their way to the Chasm was old Mr.
Sullivan, who lived with his wife at
Brown Springs, a few miles below. He
had been riding his burro on his way
to get a small supply of groceries. Sulli-
van was surrounded by the officers and
was subjected to sharp questioning as
he, too, wore a heavy beard similar to
that of the criminal. But he was soon
released to proceed on his way.

In the meantime, Dave Lewis, with
his mail sacks, rode in a high gallop
across Black Mesa on his way to Fossil
Creek, true at heart and happy, having
had no intention of playing both ends
against the middle, such as tipping off
the criminal as the Sheriff had suspected
that he might do.

[NCH BY INCH the three officers crept

nearer to the cave, making every ef-
fort not to make a sound or kick a rock
loose to fall and tumble to the Chasm’s
bottom. Out of breath, they gained the
cave entrance and crept to the side of
the sleeping culprit.

All at once the Sheriff called out,
“You’re under arrest!”

Never really able to put up any re-
sistance, the man was handcuffed quickly

and a rope was tied into the cuffs. Then
they started to backtrack to where they
had left the horses.

The problem of how four men were
going to ride the three horses back to
town was soon solved. The lightest of
the deputies took the prisoner up in front

of him and his companions carried the |

deputy’s rifle and other heavy gear.

At the edge of Camp Verde, the prison-
er was hobbled with leg irons and walked
up the main street to the feed yard,
thence to the hotel. Once he was secured
in a room, shackled to the iron bedstead,
the Sheriff came out of the hotel to
meet the curious and answer their ques-
tions.

There was evidence that the man had
lived mostly on small birds and rabbits,
throwing entrails and feathers at ran-
dom about the cave, plus some empty
cans and Arbuckle coffee bags. The
Sheriff said his bedding consisted of a
few burlap bags and shredded cedar bark
arranged into a small recession in the
cave floor. His one weapon, which he had
no chance to use when he was cornered,
was a single shot .22 rifle. He wore a
beard which would have put Black Bart’s
to shame in any whisker contest. His
clothing was soiled and slick from many
months of continuous wear.

It was never known why Dave Lewis
changed to a crossing on Chasm Creek
known only to members of his tribe, but
one thing sure, he had a number of neat-
ly folded $20 bills in his pocket, his share
of the huge reward that the Sheriff so
generously paid him.

Nobody Laughed
When Smiley Died

(Continued from page 69)

had been used by the governor in his
Proclamation of Respite. .
C. O. Anderson, the Holbrook news-
paper editor, recalled in later years that
he “saw Wattron a few days after and
his comment was, ‘Well, I got a hell of a
lot of notoriety anyway.’” But he had,
in reality, done much more than that.
He had called attention to the fact that,
at least in his corner of Arizona, the
carefree days of the Old West were dead.
For Sheriff Wattron, it was a rather
nerve-shattering discovery.

TUMBLEWEEDS .-:-

FOR THIS LESSON, KID, | WILL
DEMONSTRATE THE CLASSIC CAPER
OF ALL HORSE-STEALING/ I WILL GO
DOWN THERE AND NAB THE
SHERIFF'S NAG!

age

NOW OBSERVE
MY TECHNIQUE

CLOSELY!

—by Tom K. Ryan

O/TCG LEW LITTLE SWE

| OBSERVED
YOUR TECHNIQUE
VERY CLOSELY

True West

5 then?’

wide Sade axe ere Fikedi ie Setoliaina 2s

So wide gael ae

SMILEY, George, white, hanged at Holbrook, Arizona, on 1-8-1900,

“A fingerprint was found on this pen-
dant,” he said. “We shall have to ask you
for your fingerprints, Miss Timeff. They
may be more reliable than your memory.”

The young woman shook off Visan’s
hand. She slumped back into the chair.
“You may have my fingerprints, Inspec-
tor,” she said tonelessly. “But I can tell
you even more than they can. I will tell
you everything.”

The inspector signaled for a stenogra-
pher. When the short-hand expert was
ready with pad and pencils, he asked Ma-
lina Timeff to go ahead.

“T killed her,” the girl said. “It was
all over the jewelry. It was more than I
could bear.”’

She had visited Angelica Lultscheff
frequently, she went on. After Gerald
Clark had left the jewels in her keeping,
the woman had shown them to her.

Miss Timeff had been dazzled by the
display. Envy and greed had begun their
work. For several days she had thought
about the things she might buy if they
were hers. Then on February 27, she had
made the first fatal step toward murder.
Mrs. Lultscheff had left her alone in the
house for a short time. :

“T got the key and looked at the jewels
again,” she said. “I couldn't resist. I took
the pendant. I locked the box and put the
key back.”

"PRE next day, she had gone to the
neighboring town and sold her loot,
Malina Timeff said. She had not decided
what she would do when the theft was
discovered. The problem had been
brought home to her forcibly on the night

of March 3 when she again had been in

Mrs. Lultscheff’s home.

“She opened the box and noticed right
away that the pendant was missing,”
Malina’s confession continued. “She ac-
cused me. She said I was the only one
who knew about the jewels and-the key.

“She said I must get it back or she
would have me arrested. I saw the little
hatchet beside the fireplace. Angelica
was turned away from me, looking into
the strongbox.”

Malina said that the impulse to kill had
swept her suddenly. It had seemed the
only way out. She had seized the small
hatchet and brought it down on the
woman's head.

“She fell under the piano,” she said. “I
took the rest of the jewelry and the
hatchet. After a while, I turned out the
lights and went out. The door locked
behind me. Then I went home,”

The following morning she had con-
ceived her plan of stopping outside the
house and then going to the police station.
She had hoped in that way to divert sus-
picion from herself.

Remorse came too late for the pretty
brunette. Tears flowed freely when the
confession was finished. With a sigh of
resignation, Tachia motioned to a matron
to lead her away.

That night the hatchet and the re-
maining jewels were found in Miss Tim-
eff's home where she had hidden them.

Angelica Lultscheff was slain on March
3, 1930. On May 10, Malina Timeff went
on trial for her life before a jury in the
Superior Criminal Court of Sofia. After a
our-day trial, she was found guilty of
nurder in the first degree and was sen-
tenced to life imprisonment.

(In order to protect the identities of persons
innocently involved in a murder investigation, the
names Peter Wilgker and Gerald Clark are fictitious.
The Editor.)

HEN the invitation to an 1899

Arizona “necktie party” was read

in the capitals of Europe and
throughout the United States, it caused
such reverberations that a condemned
murderer was reprieved.

It was not the importance of the prin-
cipals which stirred governors, other
public officials and even the President
of the United States. Rather, the ex-
citement sprang from the wording and
style of the invitation to the execution.

One George Smiley had been con-
victed of slaying a railroad section fore-
man named McSweeney. His execution
was to be the first in the then newly
designated Navajo County. Under Ter-
ritorial law, the sheriff not only had to
perform the execution but also to ex-
tend formal invitation to other sheriffs
and Territory officials to witness the
grim event. :

Sheriff Frank J. Wattron was an ex-
school teacher who at the time of his
election to the new office operated a
drug store with a bar at the rear. As the
date set for the hanging approached he
was the target of a group of wiseacres
who made the place their headquarters.

Their good natured banter stirred
within Frank Wattron an impulse which
even he was unable to explain later. He
decided to’ write this invitation:

Holbrook, Ariz.,
——-—--——1899

Mr.

You are hereby invited to attend
the hanging of one

‘George Smiley, murderer.

His soul will be swung into
eternity on Dec. 8, 1899, at 2 o’clock,
sharp. Latest improved methods in
the art of scientific strangulation
will be employed and everything
possible will be done to make the
proceedings cheerful and the execu-

tion a success. :
F. J. Wattron,
Sheriff, Navajo County.

The local printer contributed to the
events that followed by declaring that
he had neither the type nor other ma-
terials for the job, At his suggestion
the printing order was sent to Albu-
querque, N. M. There, an alert news-
paper reporter saw the invitation and
immediately put it on the wires of the
Associated Press. Within the next few
days it appeared, with varying comment,
in the papers of every city of note

~ INVITATION TO A ‘PARTY’

in the United States and in Europe.

The furore that arose was immediate
and vociferous. Uplift and reform
groups throughout the nation flooded
the offices of governors from coast to
coast with outraged protests against
the “savagery of the West.” Similar
complaints reached the desk of Presi-
dent McKinley in Washington.

Plainly something had to be done and,
with pressure heavy upon him from
all sides, it apparently was up to Ari-
zona’s Gov. N. O. Murphy. He pro-
ceeded in a manner that spared no em-
barrassment for Sheriff Wattron., In an
executive statement granting the con-
demned Smiley a totally unexpected
reprieve of thirty days, he said:

“The sheriff of Navajo County, whose
duty it is to execute the condemned
and bring about the just expiation of an
unlawful crime, has seen fit to publicize,
advertise and issue cards of invitation
to the execution of the condemned in
unseemly and flippant language, and in
terms which have brought reproach
upon the good name of the Territory.

“T therefore deem it proper in this
connection to express unqualified dis-
approval of such methods so that the
people of the. United States may know
that trifling with the dignity and solem-
nity of justice is not tolerated in Ari-
zona,”

Some days before the amended date
of execution, those who were officially
entitled to view the grim drama on the
scaffold found in their mail the follow-
ing black-bordered invitation:

Holbrook, Ariz.,
—_—_—____—_— 1900

Mr.

With feelings of profound sorrow
and regret, I hereby invite you to
attend, on Jan. 8, 1900, at 2 p. m., the
private and humane execution of
a human being: Name, George
Smiley; crime, murder. You are ex-
pected to deport yourself in a re-
spectful manner and any flippancy
in language or conduct of an un-
usual nature on your part will not

be tolerated.
F. J. Wattron,
Sheriff, Navajo County.

George Smiley was duly hanged with-
out incident, and even Governor Murphy
complimented Wattron for a masterful
performance of his duty.

—By J. Victor Bate.

"Worenae, Any or = a Ex aA
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ts of its growing business volume, Jim's
pened formally to the public today.
growth, climaxed by the extensive development
plete food store in every respect,
y groceries, and excellent meat and vegetable de-

Since it was

featuring a full

arket Opening

ted For Today

Jim's Caah
aaa and!

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held today.
tee completely
® a new chap-

mn record of
© War Opened
tiiding near its
ro and a haif
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4d to the pres-

Ppomaible ad-

ad better faci--

Ita wrowing
eRPANAION re-
ery’.
cul in ad.
@ remodeling,
of the atore

and installation of new fixtures and

fequipment of the latest type.

The asatore features a complete
ine of all the nationaliy advertised
‘brands of ataple and fancy food

prodicts, as well as a complete m@.«

lection af choice meats and a large
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The establishment js owned by
Mary Tang, who has been in the
grocery husiness here for 7% vears,
It is managed by Jew Chung.

The establishment ordinarthly eme
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but om the oecwsion of the forimnal
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service anit ample
Customers,

parhing space for

encies
ti nue

So es enna Ee

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Guatemalans

3. wW

anust forfelt their lives in the gas

Young Siayer

Dies By Gas "

(Continued From Page One)
atarted toward the ice box-like

chamber, he got in his final
word,

“| didn't have a fair
was the parting shot.

With his charge strapped
chair, Polley atepped
through the open door of the gas
chamber, In the moment hefore
the door awiung ahut, ai photo-
Krapher’s flash bulb flared. Sul-
livan, the cigar at a jaunty angle,
looked directly at the camera and

grinned,
Smiled At Crowd

turning to the broad win-
dow on his left, he smiled at the
crowd of witnesses, somebody
waved a farewell. Suilivan nodded
his head and grinned as if ton savy,
“RKivervthing’s ZOINE tn he all
right.” The cigar, still lighted, was}
Kripped hetween hia teeth,

The small gauze hag filled with
evanide balis dropped inte a bucket
of chemicals in a corner of the air-
tight chamber, Deadly fumes, look-

trial,”

In the

Then,

hack ward ,

Way To INOVI

Way To Police

ALAMEDA, Calif., May 15.—
Joseph Andrew Callahan, never
at the controls of an airplane
before, took a solo fiight today
that landed him at police head-
qQuartera here to explain.

The 39-year-old retired sol-
dier, who declared he went
along with the plane aga:nat
hig will, brought the craft down

with only slight damage after a

wild, zig-zag flight over the San

Francisco bay airdrome.
Callahan insisted he was just

sitting in the passenger seat of
the small plane when a me-
chanic came up and yelled:

“Contact!” ~ 4

“I've been around planes a
little,” Callahan said, “so | yell-
ed ‘contact’ back at him.”

The next thing he knew, Cal-
lahan insisted, the plane was
roaring down the field and
away into the air.

“| tried to remember every-
thing I'd ever seen a pilot do,”
Callahan said. “4

On the ground, Myrten John:
ston, owner of the plane, and
airport attendants watched

ing like cigaret smoke, rolled up-
ward. An electric fan in another.
corner spread them about Sullivan,
who couldn't lift a hand or raise
a foot. a.

He looked again at the witnesses.

His gaze was ateady and he still’
laughed, He had declined a MASH
and chose to watch his own execu-
tion,
Watched Gas .

Three he inhaled, or perhaps it
Was just sniffing at the deadly
fumes, Then he turned and spat
out the cigar, and just aa quickly

turned back to watch the gas rising
from the bucket.

Once or twice ‘the-inhaled
again—deeper breaths this time,
and the gas began ge take ef-
fect. He choked, though
some one had blown smoke in
his face. A leaf ef the cigar
had stuck te his lip, and he
tried to shake it off. He couldn't
do it. He was dying, and his
head dropped forward as con-
Sciousness left him.

That was alk—fer Sullivan.
But among the ..more than 600
prisoners atill supposediy aaleep in
the prison were fe least four to
whom the execution must have
brought a sinking ‘feeling. They
could) hardly help But know that
Sullivan had died, for the exhaust
pump that sucks the gaa out of the
Chamber set up an eerie wail after
the young slayer Was pronounced
dead.

These four-—-BPrank Raacon, Ro-
land (Jerry) Cochrane, David Ben-
Jamin Knight and Frank Duarte—

Chamber for four other murders
unless tha supreme court, to which
gach Nas appealed, intervenes.

Raacon, the‘firet of the four fac-
ing execution, {a echeduled to die

early on the morning of July 10.

Death Claims
JA. Rahinsce!

AL (smiling Jess) Raminson, |
eee gurage man and former
motion picture actor and army
captain, died unexpectedly following
a heart attack in his home, 1218
Fart Roosevelt street, early last
night. He war 45 vears old.

Mr. Robinson, service manager for
the Bowen-Maxwell Motor Company
since 1930, suffered pains in his
chest Thursday afternoon and was
removed to a hospital When his
condition had improved that night,
he waar taken home.

A slight accident, which tore liga-
ments in hia chest, suffered at work
two weeka ago, is believed to have

led to hia death, friends said last
night. fl
He came to Arizona about 1915

and firat ewned and operated a.
stage line over the Apache Trail
hetween Phoenix and Globe. He:
was service manager of the Bowen-.
Maxwell branch in Bisbee for. BOVy
eral years and held a similar posis
tion with a Los: Angeles. motor
company. +

As a captain in the United Staten}
army, he led a company of soldter@!
into, Mexico in 1916 in search af:

elusive outlaw, Pancho Villa, Be- ™

fore coming to thia state he wae al
leading man in Wild Weat and: seal:
pictures for the Easenay and Lubin};

motion picture company of Los Ane
gelea, ‘€
Mr. Robingon was a member: ef

the Phoenix Masonic, Shrine. and
Bolote lodxea and was active in-eluht
work, 2

Funeral arrangements Rasract

made last night,

¢
]
.
r
I

Surviving la Bis. wet Nychne st |

1
if

SULLIVAN, Jack, white, asphyxiated Arizona (Cochise) 5-15-1936.

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Milwaukee, Wisconsin, SENTINEL.

pretty Mrs. Betty-Flobert Martin (above)
rrested in Chicago charged with the mur-
t ber husband, she told police he had left
r another woman. Below: “She bought me
, and told me she would show me how
ke easy money,” Joseph Wiegman accused
ife, Mrs. Grace Wiegman. He was one of
hoodlums caught looting the home of a Los
les sportsman. He is held on a kidnaping
arge, his wife on suspicion of robbery.

The remains of Joseph Bowers (above) are car-
ried by San Francisco coroner’s deputies into
the city morgue, after he was shot by a guard
as he attempted to be the first prisoner to escape
from the federal prison on Alcatraz Island.
Below: Convicted of murder, smiling Jack Sulli-
van goes to death in the Arizona gas chamber.
Taped to his chest is a stethoscope by which a
doctor, outside, pronounced Sullivan dead two
_ minutes after the gas was released.

WILD BILL ELLIOTT from page 17

This new approach gave credence
to Elliott’s roles, for he was, after all, a
matured man playing a matured part.

In 1952 Elliott severed his
Republic connections and went into
independent production, his _ films
being released through the newly
formed Monogram-Allied Artists
Productions. He brought with him the
experience gained from twenty-seven
years before the camera, a tremendous
following among the fans, and a
complete knowledge of the motion
picture production. His Allied Artists
releases were met with wide
acceptance and he continued to
produce a string of well-done western
films. By 1957 the ravages of the
disease that was to eventually claim
him were beginning to show and

Elliott wisely retired from the screen. °

He had acquired, throughout the
years, sizable ranch holdings in
Calabasas, California and Las Vegas,
Nevada, and it was to the Nevada
ranch that he retired.

He did not remain inactive
though, for aside from acting as host
on a Television show featuring his old
pictures, he acted as spokesman for
Viceroy cigarettes, and made
numerous commercials for them.

Off-screen Elliott was every bit
the westerner that he so successfully
portrayed. He was a superb horseman,
one of Hollywood’s best, and was in
his glory dashing across the studio’s
exterior sets. In private life he
continued to be well-mounted and was
an enthusiastic cutting horse fan.

His famous cutting horse, RED
BOY, purchased from Lloyd Jenkins,
of Ft. Worth, Texas, carried Elliott to
a life-time earning of $20,000.00 in
approved Cutting Horse Shows. In
1952 Elliott was appointed to the
Executive Committee of the National
Cutting Horse Association.

As a co-owner of the Tommy
Steiner Rodeo Company, Elliott
toured the country with the rodeo as
featured attraction and_ enabled
millions of his fans to see him in
person. No rhinestone cowboy was Bill
Elliott, he made no arena appearances
bedecked in sequins and fringe, instead
he appeared in a well-cut western suit

On November 26, 1965 the
cowboy’s career came to an end. He
died at his Las Vegas ranch after a long
battle with cancer.

Looking back it is easy to see
how Bill Elliott rose to the ranks of
the top-ten western stars. He was a
natural, he was tall and lean, he was a
striking’ figure on a horse, he delivered
his action and speaking line with ease,
he was a gentleman of warmth and
personality. He was authentic. @

54 WeESTERNER/Spring, 1976

YUMA PRISONERS

Continued from page 22

one-half years. Traditionally, he spent
seven years altogether at the prison.
The two most famous convicts at
the prison were Phil Clanton, and
Buckskin Frank Leslie. Clanton was
one of the famous Clanton brothers

~ who were from Cochise County. His

family was almost wiped out at: the
O.K. Corral by the Earps and Doc
Holliday. e

_Phil was sentenced to ten years
for cattle rustling.

Buckskin Frank Leslie was
sentenced to life imprisonement for
the killing of Molly Williams,
supposedly his wife, and the almost
fatal shooting of James Neal, a young
farm hand. Leslie was released in 1907
managed by a lengthy petition signed
by a committee of prominent citizens.
Speculation has it, that he died at the
age of 90 years, in a hospital in San
Diego. :

I have delibertly saved the
toughest and most dangerous inmate
of the Yuma Territorial Prison until
last. He was number 2029... ‘“‘Three
Fingered” Jack Laustannau.

The grim realities show that he
possessed all the qualitites of the
badmen of the wild west (although he
was imported from Chicago)
toughness, coolness, and skill. But he
was a candidate for a complicated
head inspection. A _ passionless,
out-of-town criminal, he was imported
from Chicago in 1903 by labor
organizations to Morenci, Arizona to
incite the miners into full scale riots.
Inciting riots was his business. The
eminent pundit, Three Fingered Jack,
once admitted that his ambition was

to acquire arms for ‘a_ proposed
revolution in Mexico. with the
leadership as his prize.

‘Finally things got out of hand
and federal troops arrived to damage
an otherwise memorable career.
Laustannau soon found himself licking
his wounds inside the adobe walls of
Yuma.

At Yuma he directed his strategy
toward inciting riots and became the
top agitator. Aiming to establish his
identity among the
organized work slow-downs and
strikes; got together a _ grievance
committee and made demands of the
warden. He upset routines and kept
the entire prison in a state-of turmoil.

Once he _ got the cerebral
machinery spinning he was a matchless
performer. He showed uncommon
intelligence in the field of negotiation.
Reconstructing the affair, the
warden tried to shake the confidence
of his grateful following by tossing
him into the Snake Den; in fact, he
spent more time in the Snake Den
than any other prisoner. But he always
came out responding with the charity
for which he was famous.

_ The guy must be respected, he
did one stretch of 88 days on stale
bread and water, and was only
removed then, because it was feared
his sanity was at. stake.
Understandably, his weight dropped
from two-hundred and fifteen pounds
to ninety-six. His hand was swollen to
three times its size where a guard in

the vague and nebulous hope of °

breaking his spirit almost clubbed him
to death. But his hostile attitude
remained. When gangrene set in, two
fingers were amputated. Alas-the nom

de plume — “Three Fingered Jack.”

Then Laustannau went too far.
In 1904, Jack acting as the cork

PUNISHMENTS FOR INFRACTIONS OF RULES AND REGULATIONS

Attempting to escape

Assaulting another convict
Becoming intoxicated on bay rum
Changing cells
Cooking in Yard
Destroying property
Disobedience
Disobeying dining room rules
Entering cells of women
Fighting with fellow inmate

' Gambling with cards or dice
Having opuim in possession
Indecency
Making a knife
Not bathing
Refusing to work
Rioting

4 to 22 days solitary

22 to 43 days with ball and chain
2 to 10 days solitary

7 days solidary

2 days solitary

6 days solitary

3 to 4 days solitary

3 to 10 days solitary

2 to 11 days solitary

8 to 10 days solitary

1 to 5 days solitary

3 to 10 days solitary

17 to 22 days solitary

2 days solitary

1 day solitary

2 days solitary

4 to 11 days in dark cell

6 to 24 months in incorrigible ward

NOTE: This is merely a compilation of punishments, since no list of specific punishments _
for specific infractions was ever made. Punishment was the decision of each Superintendent
and the severity varied with the Superintendent. This list was collected by going through
the individual prisoner’s records and noting the various punishments.

peasantry he

Se Te ae eee

to acquire arms for ‘a proposed
revolution in Mexico. with the

leadership as his prize.

Finally things got out of hand.

»:: federal troops arrived to damage
en an otherwise memorable career.

Laustannau soon found himself licking
sat his wounds inside the adobe walls of

ind Yuma.

vas At Yuma he directed his strategy
ers toward inciting riots and became the
His top agitator. Aiming to establish his

che identity among the peasantry he
’oe organized work slow-downs and

Strikes; got together a grievance
ars committee and made demands of the

warden. He upset routines and kept
ras the entire prison in a state of turmoil.

or Once he got the

cerebral

1s, machinery spinning he was a matchless

st performer.

He showed uncommon

ne intelligence in the field of negotiation.

07 Reconstructing the affair,

the

warden tried to shake the confidence
5 of his grateful following by tossing
him into the Snake Den; in fact, he
spent more time in the Snake Den

than any other prisoner. But he always
1e came out responding with the charity

te for which he was famous.
cil _ The guy must be respected,

‘e did one stretch of 88 days on stale

bread and water, and was

his sanity was at

the vague and nebulous hope

Then Laustannau went too far.

only
removed then, because it was feared
stake.
derstandably, his weight dropped
stom two-hundred and fifteen pounds
to ninety-six. His hand was swollen to
three times its size where a guard in

of ©

breaking his spirit almost clubbed him
to death. But his hostile attitude
remained. When gangrene set in, two
fingers were amputated. Alas-the nom
de plume — “Three Fingered Jack.”

In 1904, Jack acting as the cork

TIONS OF RULES AND REGULATIONS

4 to 22 days solitary

22 to 43 days with ball and chain
P 2 to 10 days solitary

7 days solidary

2 days solitary

6 days solitary
* 3 to 4 days solitary

3 to 10 days solitary

2 to 11 days solitary

8 to 10 days solitary

1 to 5 days solitary

3 to 10 days solitary

17 to 22 days solitary

2 days solitary

1 day solitary

2 days solitary

4 to 11 days in dark cell

6 to 24 months in incorrigible ward

ment was the decision of each Superintendent
nt. This list was collected by going through
i@ various punishments.

Since no list of specific punishments _

. herrings.

.matters of

in the bottle, maneuvered a group of
convicts to the big iron gates at the
very moment when Superintendent
Griffith and George Wilder entered the
yard, bolting the heavy lock behind
them. They were seized by other
thoughts,and were unaware when at
Jacks given signal, they were pounced
upon and both lay colder than Iceland
The key was in the lock, but
lacking compassion, it wouldn’t budge.
Jack thought it was about time he and
the Superintendents were discussing
imminent concern. He
placed the lawman’s own pistol to his
head and demanded he show the way
out. But the pratful thereafter was
all-consuming, Adam Monroe saw a
chance for immediate parole. To
aggravate matters for Laustannau he
flung a roll of wire at him while the
cook helped him wrestle the would be
escapees to the ground. With insolent
skill the break had been foiled.
_Laustannau was tried in the
Yuma District Court for inciting a
jailbreak and was given an additional
ten years imprisonment. Although he
had suffered more injuries than an
uncoordinated stunt man, he managed
to smile as he was led from the
courtroom and back to Yuma.

One observer reported that Jack
Laustannau, demented by his inability
to break free, returned to that 10 acres
of formidable land, surrounded by
infallible deserts; looked across the
north bank of the Colorado River and
shouted: ‘‘They’ll never break me,
God!” The inmates cheered him as he

was led back to the most cricifying of |

all punishments... The Snake Den.
Here’ he was confined to bread and
water, in solitary, where he was forced
to fight off from time to time the
rattlers who habitated the solitary cell
rather than face the 115 degree heat
outside.

Understandably, after two years
his nerves cracked, and _ Jack
Laustannau relapsed into a horrible
state of wretchedness and died in the
Snake Den in a state of disorientation,

a lonely man. He was buried in the °

prison cemetery where 103 more
bodies were finally laid to rest; forty
of natural habits, and 64 shot down
while trying to escape.

In the history of the prison, 26
men escaped; all trustees, while two
men made it from the inside.

In 1961 the Yuma Territorial
Prison was taken over by the Arizona
State Parks Board and a beautiful
museum perpetuates this historical
land in the interest of mankind. You
only have to walk as I did, along the
thronged and older parts. of the cells,
to note the wretched conditions those
men and women lived under. @

AN EXPERT LOOKS AT THE WEST

by Carl Breihan

San Angelo, Texas now stands on
the site of what former army post?
The old site of Fort Concho.

- Three republics existed in North
American in 1845, What were they?
United States, Mexico and
Republic of Texas.

Who was referred to as. the
“Father of Abilene, Kansas?”’

Colonel W. Merchant, who helped
found the town.

What Indian chief went into
Canada in 1877 and tried to incite the
people against government authority?

Sitting Bull. His plan failed and -

he was forced back into the United
States by the Canadian Royal
Mounted Police.

Why were the fireplaces in the
Southwest adhobe homes
placed in a corner?

The early Spanish builders found
that heat would be more evenly
distributed by placing the fire in a
corner because the heat would follow
the V formation of the walls.

Indian lodges usually had their
doors facing east, what was _ the
reason? Np ee

According to the Indians, the
Great Spirit lived in the east, and this
would make it easier for him to enter
their homes.

What was the cost of such items
as coffee, tobacco and gunpowder to
the early travelers of the West?

Normally at the time the cost
would be $1.60 for a pint of
gunpowder; tobacco $1.50 a plug, and
coffee, $1.50 a pound. ;

- Who planted the first pecan trees

_that abound in Texasand grow along

the majority of the Texas waterways?
The Texas Rangers, on orders
from the Governor of Texas.

What is

That of Colonel Miziner, whose
troops left Fort Davis, Texas and

usually .

, the longest military
march on record? eS

bef

Kin

aeons ar nmae bins,

Wipes:

oc mes ae

the murder of a man who had stolen a

pig’ from him. Next was Number 1211,
Oscar Torren, a_ school teacher,
condemned to forty-eight years for
armed robbery. A _ distant relative,
from whom he had entertained no

expectations, died and left him quite a

bit of money; but after he had been
sentenced.

The next luckless undergraduaie
whose prospects depended on the
others, was George Hoffman, Number
1446. The father of three children, he
was sentenced to 3 years for burglary.
Also clean-shaven, with a sort of a
round baby face, and by all indications
of his prison photo, a frightened man,
surrounded by frightening conditions.
Enclosed in the inner closet with the
others, was Number 1485, James
Bennett, 4% years for armed robbery.
Clean-shaven, heavy eye-brows, deep
blue eyes, long nose, and recalled as
one of the few pleasanter convicts.

Next, J.H. Kelly, Number 1513,

‘serving 3% years for grand larceny.

Also clean-shaven, high forehead and
rugged features. Kelly had once
represented an influential firm. He was
entrusted as much as a sculptor’s
toothed chisel; his employer arrived to
find a note from Kelly, regretting that
circumstances altogether unforeseen,
and entirely beyond his control had
compelled him to leave for parts
unknown. He also regretted to say that

Francisco Ocano

the stock which had been mysteriously
dissappearing of late, went with him.
Last, but by no means least, Number
1523, Joseph Burns, who received 5
years for burglary. All of 19 years old,
he was. caught: breaking into a
merchandise store, which was quite
common, and when arrested had a bag
filled with matches, candles and
sardines. Burglary was a common type
of gang enterprise. ;

These men all had scraped an
acquaintance with each other, and
after a gradual working up of
excitement and preparation for action,
decided to make a break from the hell
hole which now entrapped them from
the outside world.

They planned to execute the
deed that no one of them would have
been capable of as an individual, and
well knowing this, they maintained a
close relationship.

For months, at least with each
other, they kept in good character,
and steady habits, and it may be
understood that they could operate
more effectively than could the other
cells which were disorganized. This is
the way they lived until May 22, 1900
when the climactic act of bravery, or
foolhardiness, (whichever you prefer)
took place.

In the mind of a fanciful man,
millions of odd little premonitions
which never come to anything, rise

aR tee 4RRSRRS BRE gg :

The gun tower restored — it once housed

a gattling type gun that could shoot more
than 300 rounds a minute and chop off the
legs of any prisoners trying to escape.

and float about and go off. again, only
to be forgotten. But if ever by chance
one of these idle fancies is fulfilled, it
becomes memorable and erects itself
into a precedent. Perhaps, to Torren’s
mind there was such an unrecognized
furtive suddenly revealed in the small
craft stealing around inside his head at
the moment he gave the long awaited
signal. The guards stood astounded,

rooted to the spot where they stood as.

the six men all pulled home-made
daggers and overpowered them,
knocking Guard Stevens into a cell and
locking it.

' Facing a wretched dilemma, the
loyalty of the club vanished; each man
had an obligation — to himself. It was

Continued on page 22

_ Jack Laustannau

ee Ae A} ewe.

PRISONERS OF YUMA

' Continued from page 11

a savage business. A guy must avail
himself of opportunities while he has a
chance. Having to decide between old
loyalties and freedom, he often opts
for freedom. That is, the six convicts
scattered in six directions.
Astonishing enough, Torren,
Hoffman, Bennett and nineteen year
old Joseph Burns had made it over the
wall. Diverted by bad weather and
guards with well trained dogs, their

_flight to freedom was short lived.

The others never even made it
that far.

For their less than premium
performance, all six men were thrown
into the dark depths of the Snake Den
for twelve-days. Ironically, this did not
dampen their spirits. Many times they
tried to carve through the mountain
of glistening adhobe, but the masses of
old clay rejected them with the
deathless reminder, ‘“‘We may be old,
but we’re still proud.”

The six men served a total of 425

days in the Snake Den for attempting

to escape; fighting and
insubordination. Torren, who taught
English, German, Math and Music at
the prison school, spent 162 days in
the hole, as the ring leader.

You reflect on this, wondering if
it was some kind of record.

Earlier members of the prison
had been Nat Zim and Bat Dish,
Numbers 698 and 699, respectively.

Both had been confined for life,
for the murder of a trespasser. Only
Apache youngsters (according to their
prison photos) along with their father,
Guadalupe, and a forth Apache, Bac El
Cle, they were all sent to Yuma for the
killing of a rancher wo did nothing
more than cut across their property. It
was one of those supreme moments of
temptation which may occur not more
than once in a lifetime, and the
Apaches yielded. -

Guadalupe died in the prison in
1897; Bat Dish also perished that same
year. After four years of being a model
prisoner, Nat Zim was pardoned, and
after serving seven years, Bac El Cle
once again breathed fresh air.

Amazingly enough, young boys

were thrown in with hardened
criminals. Such was the case of fifteen
year old Charles Smith, Number 1000,
sentenced to one year at hard labor for
grand larceny. Young Charlie had one

of the finest ‘stage’ faces ever seen; -

wide brown, surmounted by a thin
layer of hair, almost baldish and
becoming grizzly. He sported a small
nose, large lips and a noble chin, not
too prominent, gray eyes, with a
tearful and careworn look in them,
skin slightly tinged with brown by

22 WESTERNER/Spring, 1976

exposure to the overbearing Arizona
sun, and over all a sad expression.

“There is little information on him,

except that he served his full term.
And not all could stand the

particulars of prison life. George C.

Blaine, Number 958, was a hardened

’ killer of the worst sort.

For this man, security measures
were immense. Some claim, he had
killed many times, and once caught,
was sentenced to twenty-five years.

He was kept apart from the
others, and unable to adjust to close
confinement, he experienced. horror,

‘then bewilderment, then depression,

and finally pain as his feet and legs

‘began to swell because of bodily

restrictions and confinement. He
finally ended up in an insane asylum.

Two other names to be added to
the catalogue, and who although
shared the same cell, seemingly, could
not stand to be isolated together.

Number 1747, Martin Ubillos, serving

a life sentence for murder and Simon
Aldrete, Number 2000, also, life for
murder. These two men_ fought
constantly, and on several occasions
were torn apart by other prisoners and
guards. Nevertheless, they were not

‘put in separate cells, a curious

phenomenon, difficult for us to
understand today.

Here we have an_ imbalance
potentially dangerous, which finally
came to a head on August 16, 1903.
Martin Ubillos, in all his unlikely
wisdom decided to do something
about the flaky character who shared
his cell. ;

As the moonbeams with that wall
of retreating darkness beyond them
made the light dimmer than it had
been and almost shut the moon from
sight, a haunting cry crept through the
corridors of the Yuma prison. When
the guards busted into his cell, there
stood Ubillos, knife in his hand,
knuckle deep in blood where he had
thrown himself wholeheartedly into
his work, and Simon Aldrete was dead.
Found guilty of murder, Ubillos was
hanged at the Yuma _ County
Courthouse on June 16, 1905.
Expelled because of his immoral life.

And not all the prisoners of
Yuma were men. Some of the worst
criminal segment were women.

Number 2616 was Pearl Elker,
serving three years for manslaughter.
Pearl had the distinction of being the
only woman to die within the walls of
the Yuma Territorial Prison. She was
found alone in complete darkness by a
guard on January 10th, 1908.

Rosa Duran, Number 1818, was
tougher. She could handle anything
they could throw at her. Sentenced to
three years for grand larceny, she
spent most of her spare time in the

aa |

Snake Den foe fighting with other
women.

Number 919 — Jennie McCleary,
received 1% years for aggravated
assault. After one year she was freed

. .on good behavior.

The most famous of all women
ever to enter the prison, was Pearl
Hart, the notorious stagecoach robber.
She became assistant to the prison
baker; where she met Adam Monroe,
bakers helper, and it was love in
bloom.

Pearl bribed the guard to allow
Monroe to visit her quarters, and while
spreading her favors between the two
men, she became pregnant and it was
decided to save the _ prison
embarrassment she_ should be
pardoned. w

While Pearl Hart undoubtedly
was the most famous female prisoner
at Yuma, the worst of the lot seems to
have been Number 1685 — Elena

Estrada. She is said to have been part ©

Negro, part Indian with a mixture of
Spanish blood thrown in for good
measure. Pearl was raised in Central
Mexico where she acquired the
disposition of a lizard which fights
with all venomous snakes from
‘antipathy’ and other disinterested
motives whenver it comes across them.
She ‘seems to have had a personal
dislike for Rosa Duran, for every time
they came within striking distance,
they clashed. Elena had been sent to
the prison for manslaughter, and was
condemned to seven years at hard
labor.

In Mexico, she fell in love where
the vapoury masses collected in the
hollows of the mountains, where the
blue sky appeared overhead and the

‘ sun burst forth triumphantly. It was
all so romantic. One day she returned .

from the fields of produce; her back
nearly broke into from the toils of
work. She became understandably
upset when she found her unemployed
lover in the arms of another woman.
Elena pulled a dagger, and as the other
woman ran out the door, she plunged
the weapon into the chest of her lover.
Afterwards she cut out his heart and
placed it on his cheek. She deserved a
better fate. Forever in trouble at the
prison, she was thrown into the Snake
Den for five days, on September 15,
1902 for fighting. A sympathetic
kibitzer finally pardoned her four
years later. The records show that
altogether, Yuma housed 30 female

_ prisoners jn its strange history.

Harry Porter, seems to have
visited the Yuma stronghold on three
separate occasions. Number 1661
when his picture was taken on his
second term, he was convicted of

‘grand larceny and served two and

Continued on page 54

i
;
:
|

pecan 4

"21899.

"jt Gee

You are hereby cordially invited to attend the

Mr...

hanging of one

George Smiley, Murderer.

His soul will be swung into eternity on December 8,

1899, at 2 o'clock p. m., sharp.

The latest improved methods tn the art of sctentifie
strangulation will be employed and everything posstble
will be done to make the surroundings cheerful and the

erecution a success. F. J. WATTRON,

Sheriff of Navajo County.

Sheriff Wattron’s first invitation

By WILLIAM B. SECREST

Photos Courtesy Arizona Pioneers Historical Society

and he grinned at Sheriff Wattron be-
fore he downed his whiskey.

“Yeah, Sheriff,” piped up another cus-
tomer, “you better come up with some-
thing special in the way of invitations.”

The sheriff got up from his chair and
adjusted the hat on his head. “I’m not
looking forward to getting up this invi-
tation any more than I’m looking for-
ward to the execution.”

“Hey, I got it,” shouted another bar-
fly. “Why not print the invites on big
poster sheets and post them all over the
Territory? You could have them say
somethin’ like, ‘If you’re planning to be
in Holbrook, why not hang around for
the hanging?’ ”

The saloon patrons burst into loud
guffaws, and the sheriff, grinning good-
naturedly, walked from the room and out
into the night.

Sheriff F. J. Wattron thought about
the impending execution more than he
let his friends suspect. He was of French
extraction, an educated man of scholarly
propensities, whose nature was much

NOBODY LAUGHED
WHEN SMILEY DIED

—by order of the sheriff, the governor, the President
and various foreign newspaper editors!

aaeaiics +

Author’s Note: The Old West died
hard and its passing was manifest in
many ways. It wasn’t a quick death but
a lingering demise occasioned by prohi-
bition laws, territories becoming states,
and plows digging up the land. It was
Butch Cassidy’s outlaws being driven to
refuge in South America and it was the
passing of laws closing the all-night
saloons.

One of the characteristics of our fron-
tier days was the sometimes primitive,
sometimes humorous way law was ad-
ministered. It was the day of the vigi-
lantes and Judge Roy Bean; a time when
court was often held in a saloon and the
judge’s gavel was the butt of a six-
shooter. But the law, too, had to grow
up and another bit of the Old West died
when it did. This is the story of one such
incident.

sey'D SURE like to git asked to that

hangin’, Sheriff, I ain’t never seen a
legal one before.” The speaker was stand-
ing at the bar with a drink in his hand

Sheriff Frank J. Wattron of Navajo
County, Arizona

True West

more sensitive than his manner and ac-
tions would seem to indicate. He was
a good sheriff and was serving his sec-
ond term, but he would be glad when the
hanging was over and done with.

Wattron owned a drug store in Hol-
brook, in the back of which was a small
saloon. His friends had been badgering
him for weeks about the impending
hanging, mostly because they wanted to
know what type invitation he was going
to send out. Arizona territorial law pre-
scribed that a certain number of invita-
tions must be issued prior to an execu-
tion.

Wattron probably would have printed
up a standard hanging invitation if it
hadn’t been for the ribbing of his friends,
but as he walked down the Holbrook
street that night, he began to get the
germ of an idea.

Tt HAD all begun back in March, 1899

when George Smiley tried to collect
some back pay. Smiley was employed as
a track-walker for the Santa Fe Rail-
road, and just before a payday his sec-
tion foreman, McSweeney, decided to
quit. When Smiley applied to the new
foreman for eight hours’ pay, he was told
that he would have to see McSweeney
since the work had been done under him.
Puzzled, Smiley went to see McSweeney,
but was told that he couldn’t be expected
to pay him since he was no longer with
the railroad.

Smiley was shuffled back and forth
between the two men until in his frus-
tration and growing rage he felt they
were deliberately making a fool of him.
He began drinking heavily and evidently
decided that he would settle with Mc-
Sweeney—one way or the other—then
leave the country.

The two men met on a Winslow,
Arizona, street one day when Smiley
had been drinking. Naturally, the back-
pay matter was brought up and Smiley
became adamant. McSweeney, seeing that
he couldn’t reason with the man, turned
and walked away. Smiley followed and
later testified that McSweeney stopped
and made a threatening motion. What-
ever the circumstances, Smiley drew a
pistol and fired twice—the second shot
mortally wounding his former employer
in the back.

A telegram brought Sheriff F. J.
Wattron, of Navajo County, to Winslow
where Smiley was arrested without in-
cident. Jailed at Holbrook, Smiley was
tried in the court of Judge Richard
Sloan and found guilty of murder on Oc-
tober 14, 1899. The evidence was strongly
against Smiley, his hope of acquittal be-
ing further aggravated by the fact that
McSweeney was survived by several
small children and a wife in poor health.
Judge Sloan sentenced Smiley to die on
the gallows on December 8, and newly
established Navajo County settled down
to await its first legal hanging.

Smiley attempted a jail break, but
when this was unsuccessful he seemed
to have reconciled himself to his fate.

WATTRON has been described by con-

temporaries as “a scholar and gen-
tleman” and “a man of sterling integ-
rity, with a heart as sympathetic and

September-October, 1967

_
#

FELIS LOO PLEO: LOL OC FILE TOL IIT SOE TO BY AE

Revised Statutes of Arisona, Penal Code, vial See. 1849, Page 807, makes it

obligatory on Sheriff to issue i:
presevibed.

ORE RE DEAT

the solemnity of the océ
05 eS TI

fe form | ty) mot

With feelings of profound sorrow and regret, [
hereby invite you to_attend and witness the private,
decent and humane execution of a human being; name,
George Smiley; crime, 2 wraneer. 1. ae
| ‘The said George Smiley will beczecuted on January:
8, 1900, at 2 o'clock ?- ye »
You are expected to deport yourself in a respectful
snanner, and any “flippant” or “unseemly” language or
a conduct on your.part will not be ‘allowed. Conduct, on
anyone’ Ss part, bordering on a dry and ‘tending to mar
Mwill nbt be tolerated.

= j

F. J. WATTRON,

bee | Sewonld surgest that a
: to executions embodied in our laws.

a”. abe

ar ef
© ee lt ore end eg foo re

Sheriff Wattron’s second invitation

tender as a child’s.” He was also de-
scribed as smoking long, black cigars
and taking large doses of opium for
sleeplessness. Further, he was reportedly
as handy with a shotgun as he was
with his mortar and pestle, and often
was given to “artistic, strange and ter-
rible oaths.” He had his virtues and his
faults, apparently, but he seems to have
been well thought of by officials and
private citizens alike.

Frank Wattron had been a peace of-
ficer as early as 1887 when he was a
deputy sheriff of what was then known
as Apache County. Although the deadly
Pleasant Valley War of the late 1880s
raged all around him, Wattron managed
to stay neutral with only minor contact
with the feud. He was instrumental in
the election of Commodore Perry Owens
as sheriff, and was an eye-witness to
Owens’ famous gunfight at the Blevins
home in Holbrook.

Wattron stood across the street and
watched as the long-haired Owens walked
up to the small frame house and shot it

out with Andy Cooper, John Blevins,
Sam Blevins and Mose Roberts.

Only Owens walked away from that
fight after killing three of the men and
wounding John Blevins. Owens had tried
to serve a warrant on Andy Cooper, and
the testimony of Wattron and others had
completely exonerated him at the inquest.
But this was in the past, and by 1899
Arizona Territory was trying to live
down its wild past with an eye toward
statehood.

There was no prescribed form for an
execution invitation and Wattron decided
to come up with something unique. After
writing it up, he took a rough copy over
to the local newspaper, the Holbrook
Argus, whose editor also did job print-
ing. C. O. Anderson was the editor and
owner of the paper, as well as principal
of the schools.and the only lawyer in
town. He told the sheriff he didn’t have
the proper facilities for doing the job
and recommended that Wattron send it
to an Albuquerque newspaper office

(Continued on page 68)

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REPUBLL C,\ Xy 191963
FLORENCE—Murderer Vet Silvas, ae appeals
were denied by three agencies yesterday, was scheduled
to die at 5 a.m. today in the gas chamber at Arizona * molished it
State Prison. “Fortuna
He appeared resigned to death. wy er ha
The 43-year-old Casa Grdnde bartender spent yester- _ wa
day with members of his immediate family while attor- Pig hi
neys in Phoenix fought desperately to save his life. |
"| ‘ + "Then, just
Then Silvas ate his last meal in the company of prison hit another
chaplain Francis J. Murphy and LeR oy Gahiaener, “killed the wo
another condemned murderer. . other machin

He ordered tacos, tortillas, fri-
joles, a T-bone steak with mush
rooms, french fries, coffee and}
ice cream. |

He was condemned to die for!
the 1959 slaying of Mrs. Beatriz,
Mankel, a Casa Grande mother}
of four, whom Sitvas tater ac-!
cused of bewitching him. |

Just Jast Friday, Patrick M |
McGee, 55, was executed in the

Republic Photos by Al Cirou prison gas chamber for the 1959

, as decreed by Jaycee vigilantes. Right,

an Airlines hostesses Mary Hawthorne and_ |

killing of a retired businessman
near Flagstaff. |

learn to driv

<eech,. both. of New York, appear before Two attorneys gave up the| Jerry's fat
‘unningham in their sunbathing gear. Vigil- [fight to save Silvas late yester-| society folks
abbed the girls on the sun deck atop Hotel day, after a day of failure | a oe
and charged them with failure to wear | “It's too tate,” attorney John! < sid a8

n-style swim suits,

F
§

> Frank, choked with emotion,
aid atS pm. ‘There's no use.”,
|

courts, also admitted the last |

ANNIE E, FIELD

‘“ | Lawyer Robert Allen, who has come ” gps pti
riZONA | State Plans _ | sve wis sovests to teserat | -Atteme Pewter at hort ava

Then, Pi
‘enough for sc

| e J
legal avenue wes sealed. A fk SINCE THE
— 5 : nnl 1€i¢ indulged und
1’ \ idening of U.S. District Judge Arthur M. € ’ saat venti
D Davis of Phoenix denied Silvas é * ror they
vate + say of exevin. Te um | “Harmerette, pave ohn
eile ~ yers took the plea to Circuit gave Jerry
s career in Arizona, Judge Frederick G. Hamley of Di t 10] toys aed aaa
owned the Dripping! THE State Highway Department! Sam Francisco, who also re- | 1é8 a even when i
ch near Globe, raised| yesterday disclosed plans to widen! fused to stay the execution. | grades
rated a livery stable U.S. 60-70 by 29 feet in one sec- : 7 oF jel ,
Meanwhile, the state board of MRS. ANNIE Elizabeth Field,
He in Graham County tron of Glendale. pardons and paroles held a morn. 101, whose hobby was traveling wry 00 neal

ILY said that while|

A spokesman said some busi-|

ing meeting and voted 2-1 not to

was traveling with a/nesses opposite the railroad tracks|commute Silvas’ sentence.

near Deming, N.M.,
is ll, it was attacked
and a band of rene-
nes apparently unim-
at famed gunslinger

go was with the train.
|

Parks witnessed the!
f Geronimo. In 1889 he
ess ™ the Wham rob-
ich aj military detach-
ttackdd by white men,
egie Lifesaving medal
0 Mry Parks after he
ife to stop a runaway
rses at Globe in 1908.

in Phoenix 35 years.
Ni) be at Il am. to
Memory Chapel at

and, Sons Mortuary,
8

. Ralph Lufkin will of-
rial will be in Green-
rial Park.

nay call after 2 p.m

|
vived by a daughter, |
Ryan ~ Phoenix; a

will lose frontage, and some struc-|
tures may have to be moved.

The spokesman emphasized,
however, that the widening may
|be two or more years away.

“It’s a long-range plan,” he
\said.

The state will claim the 29 extra

feet from Maryland northwest to
62nd Avenue, From. that point to

within 400 feet of the Peoria under-
pass, the widening will be 12 feet.

The widening will provide a
four-lane divided highway.

| The stretch between Maryland
jand 62nd Avenue is’ 66 feet wide.
The department sajd, ‘You can’t

\Te
The “Rev. Walter Hofmann,
chairman, and Atty. Gen. Robert|

’\Pickrell said in a majority re-
port: ‘‘We find no facts or cir-|
cumstances which would justify
interfering with the verdict and|

court with a jury.”

report to Gov, Paul J, Fannin.)

“I recommend the commutation!

Dick’s report said.
“At the time of the murder the

build a modern highway with that
width."’

The right of way plans are be-
ing announced now, he sald, so no
new structures will be built in the
intended path of the highway.

Craig to Address

capacity of the defendant to ap-
preciate the criminality of his con-
duct was impaired as a result
both of his inferior mental con-
dition and intoxication,”’ Dick’s
report continued.

(Attorney Frank has said that
Silvas is, at best, a moron).

“Of the seven factors listed in
the model penal code as war-
ranting the death sentence,” Dick

sentence arrived at in the trial|

of the death sentence for Manuel |
Silvas to life imprisonment. . .’’|

and boosting Arizona, died yester-
day at her daughter's home in
mpe.

Mrs. Field was a winter visitor
here for more than 26 years, She
was born in Stanton, Ky., and
[moved to Mound City, Mo., with
her parents when she was 20,

While in her 90s, Mrs. Field
traveled through ost of the

W. W. Dick, state superintend-|United States and xico. She

ent of instruction and third mem-|often traveled 8,000 miles a, year
ber of the board, sent a minority!

| Mrs. Field said there were
imany ingredients in living a long
life, but the four main ones were:
“First, live by the Golden Rule,
jand there will be no regrets
Second, alwe : !ook for the bright
side of life untii the dark is a
reality. Third, meet the problems
of the day with a cool head and
make the best of things. And
fourth, mix into Hfe a large
amount of humor."

Mrs. Field called herself a
farmerette, enjoying the fruits of
her labor. She married Willlam
Field in Mound City and. the
couple had eight children. Her
husband died in 1913. She re

Je vd and) Jowa Legislature continued, ‘‘six are clearly not|Mained on the farm and, “with a
chi Sutter present at all and the seventh,|Combination of will power, econo
“ iidren,| Walter Craig, a Phoenix attor-|relating to the atrocious nature of/™Y, some good management, and

lk Aroenix| ney and president-elect of the/the offense, is, | think, largely|Plenty of hard work, | succeeded

ois My..___.. of Ukiah,
four great-grandchil-

American Baer Association, has)
been invited to address a joint ses-
sion of the lowa legislature at
9 a.m, tomorrow.

Craig will be in Des Moines for
a “Supreme Court Day’’ program

at the Drake University law schoot/| tion

nullified by the mental factors
mentioned.’’

Earlier in the day, Dick had
reiterated his desire to get off
the board, on grounds that the

of public instruc-
should not rightfully be r

that day.

quired to serve on the board.

in getting the children off on their
own and the farm on the profit
side of the ledger.

Survivors include two sons,
George N. and John D., both of
Mound City; five daughters, Mrs

e-|Ethel Girdler of Tempe; Mrs

Elizabeth Atkison, Phoenix; Mrs.

Ida Mcintrye, Mound City; Mrs

jIna Ferguson. Oregon Mo., and

Tucson, Sunday, April 5, 1992 : : The Arizona Daily Star

1s chamber’s legacy

be ime

| A Children of last Arizonan executed find SUCCESS, prison. or suicide |

By Chris Limberis wees The survivors of Manuel Silvas, a miner ed ‘Cool: _ the trauma of His father’s ‘ennemaen: He graduated" When the police drew their weapons, Tomas Silvas

> Me Arizona Dally Star idge tavern owner, are not talking. They have repeat- from Arizona State University and the ASU College of said::“Go ahead and shoot me,” “according to. court
2 Manuel Silvas, the last person executed in Arizona’s _ edly declined to give interviews. Law. . records. He abused heroin, Valium and cocaine. .
chamber, left four children who have struggled Manuel S. Silvas was 13 when his father was exe- —«- He_- was an aide to three governors, Raul Castro, Tomas Silvas’ defense lawyers say his father’s exe- -
; overcome their torment with walely varied suc- cuted for the’1959 murder of Beatriz Mankel, his 34- Bo rey Bolin and Bruce Babbitt. cution left him permanently damaged. :
See year-old lover. ‘ -. He has a general practice in Phoenix with some “It is Impossible for any of us to understand how :.
sete 0 oldest son, Manuel S. Silvas, is a lawyer in The elder Silvas operated a bar in Coolidge and, ~ emphasis on criminal defense. deeply that has affected Tomas, but there is no doubt <

hoenix. He is 43, the age his father had reached when —_ according to trial testimony, was-“bewitched” by Man- - - His brother appears to have responded to his fa- that the execution left a psychological scar that can
[2s diéd®in the gas chamber at the state prison in kel, a mother of four. He was drunk when he shot her % , ther’s execution in opposite fashion. Tomas Silvas never-be healed,” Lori Lefferts, an assistant public de-_

&. Florence on March 13, 1963. ; during a fight. . ex wears several tattoos. One on his lower left arm pro- _ fender, told a Pima County Superior Court fudge who
- ear wii -_ ease “en ‘* rene on NeW father’s life. Later, he ate his last meal — T-borie He spent much of his childhood in and out of juve- “While growing up, Tomas struggled with the knowl-
wat'g Day, four years before the execution, steak, tacos, frijoles, tortillas, french fries, coffee and _line detention centers. Shortly after his 18th birthday, edge that the state of Arizona felt his father’s life .

on ~skTomas is back in Florence. Inside. He started com- ice.cream — in the company of the prison’s Catholic he was convicted of first-degree burglary and armed _wasso invaluable he was not worthy of living.” Lefferts
y Piling his criminal record.at age 11 and now is serving chaplain, Francis J. Murphy, and fellow death row in- Tape. He spent 11 years in prison and then lasted onlya said. - hits. i

'
; pal ‘15-year. sentence for second-degree ree com- mate LeRoy Gallagher. year outside. \ : \
, ie in the summer of 1989. : ; In July 1989, with armed robbery charges pending, Tomas has “not done well in prison. He sexually -
a RS anuel and Tomas had two sisters. ,He entered the gas chamber around 5 a.m. and waS Tomas Silvas was arrested and-charged with stealing assaulted a female officer when serving time in the
~.-tePatricia lives in Phoenix. The other, Betty Jo, com- | pronounced dead after eight minutes. -—- ‘$2,000 worth of jewelry, guns and:cash froma Tucson Douglas facility and now is in a special management tT

votltted suicide 20 years ago. Their mother remarried. The younger Manuel Silvas struggled to overcome ~ house. * be unit with additional timg¢ to be served for the assault.
o &e % «. at
inci i$ Pviae ~ - 7
~ ae” Van tteeae * api . ;, — |

at. Section A— Page Seven

Republic Columnist
SS

ver vey pre — -

a iaeteee newt = aewenwny wey ave

eee

vpeeims wer BY Wad UI ILS Way.

own recognizance, police said.

Truth of the death penalty is that a few innocents will die

eslie Johnson was only being
I _, honest. It was a dangerous thing

for a politician to do. By the time I
reached her, she had corrected the
situation.

Johnson is the Mesa homemaker and -

Republican state representative who said
Monday that she wanted the state to
adopt the death penalty for certain sexual
Offenses.- ~~. s.-

Seen

Then she added, “And if we get a few

innocent people, fine and dandy with me.
I'll take a percentage, folks, because I
don’t want to put my children at risk
anymore.”.. 4 ;

Johnson made these.temarks during an
emotional spéech at the Statehouse. She
didn’t have the speech written“down, she
said, and the words didn’t come out quite
Me ee
But the truth is, Johnson’s words came
out exactly right. a ae

If the death penalty means anything at

all, it means killing innocent people. At
least once in awhile.

For some reason, people who support
the death penalty get angry when this
point is made. I don’t know why.

All day Tuesday, Johnson’s secretary
answered telephone calls. A number of
people expressed shock at her comment,
even some of those who said they support

_the death penalty.

“I suppose that even I am a little

- shocked -by it,”-she told-me Tuesday. “It-

isn’t the way I meant to phrase things. It’s
just that you get caught up in the moment.

“I just happen to be a person who is in
favor of the death penalty. And particu-
larly so when it involves the death of a
young child by one of these sick people.”

A number of people who agree with
Johnson’s original statement also tele-
phoned her office. A few of them had
what they thought was an even better idea,
something along the lines of making the
punishment fit the crime.

a s

“They wanted to create a whole new
class of criminals that I think we'd refer to
as ‘the eunuchs’,” Johnson said, “if you
know what I mean.”

Others even suggested that we do both.
Make them eunuchs, then kill them.

“It’s been a strange day,” Johnson said.

“I had no intention of generating such a-

response.”
That’s what happens, however, when

“you say, “And if we get a few innocent

people, fine and dandy with me. I’ll take
the percentage.” 4

Johnson stated, in a most straightfor-
ward manner, the fatal flaw of capital
punishment. It was perfectly honest. And
it wouldn’t hurt Johnson. Not in her Mesa
district, where her constituents have no
problem with the idea of capital punish-

“ment.

Still, Johnson decided to backpedal.

“No one wants to see innocent people
killed,” she said. “That’s not what I
meant.”

This last statement is political, not
truthful. The truth of capital punishment
is simple: If you believe in it, you believe
in killing innocent people. Just as Johnson
said.

There’s no way around it.

Johnson said in her speech that she
“doesn’t want to put my children at risk

- anymore.”
' That’s another odd argument, because '

that is exactly what the state is doing by
having a death penalty in the first place. I
doubt that Johnson or those like her
would be willing :to sacrifice one of their
children — one falsely accused and
convicted — to be killed along with those
who are truly guilty.

That’s what the death penalty means.
You kill.the guilty and you risk killing
someone’s innocent son or daughter, sister
or brother, father or mother.

There are 82 convicts on Arizona’s
death row. Chances are that all of them

are guilty of the crimes they’ve been
or aa i, Tie ae.

10,090?

convicted of committing. But what if one .
of them isn’t? oS
Once you start the killing, you can’t

back off.

The last person we killed in Arizona — -
was Manuel Silvas, a 43-year-old bar-~ -
tender who was a by many to be
mentally retarded. Silvas had killed a
woman. \ ‘

“ He ate tacos, tortillas, frijoles, a T-bone

steak, french fries, coffee and ice cream for-*~-
his last meal. It took eight minutes for the —-
poison cyanide gas to kill him. It was a-

mess.
It happened March 14, 1963, =~.
Now, there are 82 others waiting to die,”

If we start killing again, all that’s left are’ ~

the percentages that Johnson talked about. -.
She didn’t mention a figure, however.“ ;
So, are 81 guilty men worth the death

of one innocent one, or is that too lowa

percentage? How about 100 guilty for one
innocent? How about 1,000? How about

FE as IE.

‘
Re

Kepubhie. 6 30 $3 |

ger pert tee er omer wre

Patrol
m_ shot
|, left.

snitentiary at Flor-
were recruited, and
ntinued in earnest.
put on the trail by
id holster Sullivan
beginning of his
carcely needed. The
wed the marks of
ven in places where
of anyone passing.
1 made one of the

lirection of Mexico
a little place called
3owie. The tracks
ted on the railroad
to thin air. Sullivan
rcle as they wouid,
ick up a new lead.

‘porary halt and it was some time before we dis-.

’ Sullivan, I had not staked everything on the

* and one other, whose. name will

Ie igi, Sl

This brought the local man-hunt to a tem-

covered the method of Sullivan’s escape. :
Fortunately, in directing the search for

results of the hunt around Bowie. As an-
old-timer in the game I knew that there
is always a chance of human error in
even the most carefully laid~ plans.
Immediately after the criminal’s suit-
case was opened and its contents
checked,.I started tracing the gun
and investigating the youth’s back-
ground and_ personal ~ history by
means_of the letters the officers
had found among his belongings.
Right here, let me give credit
to the principal figures in the
many different lines of investiga-
tion that followed. It would re-
quire an entire issue of AMER-
IcAN~ DerecTIvE. to relate in
detail all the work done by
these officers, but their names
will. show how far-flung our
net. was. They are, Sheriff I.
V.-Pruitt of Cochise County,
Arizona; C. L. Meyers, Chief
Special Agent, Southern Pa-
cific. Railroad, Tucson Divis-
sion, Arizona; C. I. Demmitt,
Chief Special Agent, C. R.. I. &
P. Railway, Kansas, City ; Chief
Crowley of the New York, New
Haven and Hartford Railroad;
also Inspector Fred Butz, San
Francisco. Police Department;

be disclosed later in the story.

At 7.25 A. M. on March 16th,
1935, Officer Bradberry died at
Saint Mary’s Hospital in Tucson,
and the charge against Sullivan
became-definitely one of murder.

On behalf of the Southern Pa-
cific Company, I sent out a large
number of circulars offering a re-
ward of $500 for his apprehen-
sion. The circulars contained Sul-
livan’s photograph, description,
fingerprint classification, the in- .
formation that he was also wanted
in Colorado for robbery, .and his
signature. For much of this infor-
mation we were indebted to Inspec-
tor Fred Butz of the San. Francisco
Police Department who found the
Colorado charge against Sullivan
among the San Francisco police files.

Now transpired one of. those de-
tective dramas of real life which
sometimes rival the wildest fiction.

- Officers circulated amongst the
marihuana dives, bagnios and dance
halls of the border towns, - searching
for sdme clue, however slight, that
would point the way to Bradberry’s
slayer. Nearly always in danger of their
lives, our Southern Pacific officers hero-
ically penetrated into some of the most
vicious hangouts on the face of the earth.

The strumming of Mexican guitars, the clack of castanets
in the hands of lithe-limbed, brown-skinned dancers, clink
of glasses and sibilant, whispering voices, made an exotic
accompaniment to an undercover search that was dangerous
in. the extreme. Smugglers, dope peddlers, border desper-
adoes, any of a hundred different varieties of criminals,
would have cheerfully killed any undercover officer they
encountered.

During this investigation the Southern Pacific men
learned that Sullivan, Vail (the man shot by Officer

Left: The identical suit of clothing worn at
the time of the shooting and located ‘in
Redwood City was exhibited at the trial.

Beckstrom) and Ed Wilkins alias Liv-
ingston (who had been released along
with some of-the other hoboes). were
> well known around the southwest, and
‘had often- been seen together. . Fol-
lowing ‘a clue obtained from a re-
spectable girl who did not know
about his criminal connections, off-
cers succeeded in picking up Wil-

‘March 18th, 1935. Of Sullivan’s
present whereabouts however,
Wilkins stubbornly denied any
knowledge.

All this. time, of course, the cir-

culars I had sent out were being

scrutinized by sharp-eyed peace
officers in hundreds of cities and
towns. Moved not only by the
reward offer but also by that
splendid spirit of cooperation
so noticeable among police au-
thorities in my territory, they
were keenly on the lookout for
any individual resembling the
wanted man. Our investigations
- to trace the murder gun and Sul-
livan’s personal history had also
borne fruit. Of'this latter, I am
not at liberty to go into details
since it would involve respectable
people.
At any rate the net was inexor-
ably closing about the criminal,
and on the evening of March 25th,
1935, the case abruptly broke.
Thirty-five miles south of San
Francisco, in one of the most ro-
mantic and picturesque spots of
California, is located the munici-
pality of Redwood City of which
-C. L. Collins is Chief of Police.
Being on a main automobile high-
way which retains the colorful Span-
ish name of El Camino Real (The
King’s Highway) the small city pre-
sents unique problems of law en-
forcement.
Since it is within easy striking dis-
tance of San Francisco, crooks often
attempt to make Redwood City their
headquarters while planning jobs in
the larger city.
This attempt is seldom successful, iow-
ever,
Chief Collins recognizes by sight every
permanent resident within his jurisdic-

‘tion and is quick to note the arrival of

strangers. The least suspicious move on

the part of an unknown. visitor is the

signal for a quiet, unobtrusive inquiry
into his business. Thus the Redwood City
police chief has picked up many a wanted
man, and his small but efficient force ably
protects local citizens against the schemes
of transient criminals.

On this particular evening Chief Collins, accompanied by
Officer S. E. Douglass, was cruising slowly along El Camino
Real in a police car. There was a temporary lull in traffic
and the highway’s broad expanse gleamed dully in the rays
of the setting sun. Giant acacia trees nearly as old as the
highway itself, cast their heady perfume on the evening air.

The chief’s thoughts strayed to the many romantic and
tragic incidents that have taken place along the ancient
Spanish road. Spanish friars, conquistadores in clanking
armor, highwaymen, desperate men of all creeds and races

kins in Phoenix, Arizona, on.

Ars wnt *
« ais
ty ; +“

A few feet away from the gun, right,
dropped by the’ fleeing man,-lay a hand-
some. leather holster, extreme left, which

exactly fitted it.

is case was. =
t confronted... ="
tht: from the —-
But when it —

The criminal's shoes, below, bore very dis- - \
tinctive markings. They had a bar

‘me to catch- : running across the sole near the
: oa toe, ‘two diamond-shaped
un g t h e iy marks below, another bar,

. ° ae” three more diamond-
crimind l ; shaped marks, and
below them a
— that was third bar.
a different
ma tter. .
entirely

fellow officer.
It was too late!
Instead of obeying the com-
mand to put up his hands,
Bradberry had swung
about. thinking to dis-
arm the man, as he had
done on many previous
occasions.
Pow!
The roar of a heavy
calibre revolver
shattered the still
air. Bradberry fell
to the ground, one

abdomen, while

railroad police offi-
cer’s assailant
opened fire at each
other.
After emptying his
gun without hitting
Beckstrom, the hobo
fled down the right-
of-way. He carried
the weapon for a short:
distance then dropped
it. He dodged from
side to side as he ran,
and none of the border
patrol officer’s bullets ap-
parently took effect.
Beckstrom succeeded in
rounding up the remain-
ing hoboes who had scat-
tered to get out of the way
of bullets, then bent over
the wounded Southern
Pacific officer.
“How bad is it, John?” he
asked.
A grayish pallor was spread-
ing over. Bradberry’s face, his
knees were drawn up with the
tearing agony of his wound,
but he managed to reply.
“Guess—it’s—curtains—Beck.”
Under the threat, of Beckstrom’s
gun, the hoboes carried Brad-
berry and their wounded pal out
to the highway. The border patrol-
man stopped a passing car and had
the injured men taken into Bowie
where the two men were treated by
Dr.. F. W. Parrish.
Sheriff’s deputies soon came out with other cars and re-
moved the prisoners to the county jail at Bisbee, Arizona.

ig to

9 and in

. The hobo stag-
vhirled to help his

mains: 7 meee eT nad boa Saibee Sa BEE

hand clutching his:

Beckstrom and -the-

; : ; IN LINE OF DUTY pee 83

My .office in San Francisco was notified of the shooting
within an hour after it happened and I immediately set

‘in motion all'the resources of our railroad police depart-

ment. It was a matter of prime importance to us to capture
the criminal before he could escape into the wild country
around the Mexican border.

I kept in close touch with developments and seht all
available railroad officers to aid ‘in the search for Brad-
berry’s assailant. The wounded officer was transferred
to Saint Mary’s Hospital in Tucson, where he lay in a
coma. His condition was serious and I was convinced
that within the next few days we would be searching for
a murderer.

The hobo Beckstrom had shot, died a few minutes after
being taken into Bowie. | 4

Beckstrom of course had seen the fleeing man drop his
gun along the right-of-way, so its recovery was simply a
matter of picking it up. A few feet away from the gun
lay a handsome leather holster which.exactly fitted it. Then,
when the hoboes were being loaded into cars to be taken
to the county jail, a suit-case was discovered lying near the
freight car. All the prisoners were voluble in disclaiming
its ownership and insisted that it belonged to the hobo who
had done the shooting. They named him “Jack Sullivan.”

The fact that he carried a suit-case was nothing unusual.
Many of the young “punks” travelling about the country
to-day even on freight trains, take plenty of luggage along
with them.

The- suit-case was taken to the county jail with the
prisoners.

Another queer freak of fate was the fact that a man
named Baltazar Salinas of Lordsburg, New Mexico, hap-
pened to be driving along the highway close to the railroad
right-of-way at the exact time of the shooting and witnessed
the whole affair. He drove rapidly into Bowie and reported
the matter to local authorities. The car Beckstrom had
stopped, followed into Bowie shortly afterward however.
The testimony of Salinas—as an absolutely disinterested wit-
ness was valuable later on.

Questioned at the county jail, three of the prisoners
made statements about the shooting. These men, William
Kelly, Paul Gibbs and Jesse E. Webb, gave accounts of
the crime.. Their statements with that of Officer Beck-
strom, supplied the information from which the opening
part of this story is written. .

The rest of the hoboes were allowed to go as they in-
sisted that they had not seen any part of the affair.

In Sullivan’s suit-case which was opened at the county
jail, officers found several changes of socks and underwear,

a couple of shirts, handkerchiefs, a snapshot of two beauti- :
ful girls in bathing suits, a snapshot of Sullivan himself,

and letters which indisputably proved his ownership of the

stit-case.

With all these leads it would seem that the task of
bringing the gunman to book was comparatively simple.
But it required literally hundreds-of men, tremendous effort
and clever detective work.

Immediately following the shooting, so many separate
lines of investigation radiated from the focal point of the

AMERICAN DETECTIVE

crime that it is difficult to relate them in chron-
ological order. The first and most obvious step
of course-was to organize one of the implacable
man-hunts for which the southwest is famous.

Thomas J. Hightower, a resident of Bowie,
happened to overhear the excited report of Bal-
tazar Salinas. Accompanied by a young lad
named Charles Nelson, Hightower went to the
scene of the shooting, shortly after Sullivan had
made his escape. Although they did not catch
sight of the fugitive, it was easy for Hightower
—an experienced desert man—to follow the flee-
ing man’s tracks.

The criminal’s shoes bore very - distinctive
markings. Hightower observed that they had a
bar running across the sole near the toe, two
diamond-shaped marks below that, then another
bar, next three more diamond-shaped marks and
a third bar under the last row of diamonds. The
heels had small circular holes all the way around
their edges and an indistinct pattern in the
center. ‘

Before a regular posse had been organized,
Hightower and Nelson courageously followed
the criminal’s tracks all that day. The trail led
across sandy open spaces, among boulders, wind-
ing in and out between sparse growths of mes-

Cruising along El Camino Real, below,
C. L. Collins, Chief of. Police of Redwood
City, California, left, together with Officer
S. E. Douglass, right, spotted the wanted man.

GENERAL
ROLEUM

RET
ost
; seert
4

quite and grotesquely-shaped giant cacti.
The fugitive appeared to be heading in
the general direction of Mexico. When
it grew dark, however, the two men were
forced to abandon the search since they
had no flashlights and were not equipped
for extended desert travel. But by that
time many others had taken part in the
pursuit, and Sullivan was rapidly being
hemmed in by an ever-narrowing cordon
of grim-faced men.

While the man-hunt was proceeding,
telegraph, telephone, teletype and radio
were all spreading the alarm throughout
that portion of the southwest. The colorful Mexican rurales
cooperated by patrolling ‘their side of. the border, alert to
turn back the criminal in the event that he managed to break
through the cordon on our side and attempted to cross the
line. :

With sheriffs’ deputies, railroad and border patrol officers
and posses of citizens converging on him, it seemed im-
possible for Sullivan to get away.

Yet the fleeing man was not sighted that night.

Early the following morning dogs were brought from

’ x

Poet OOS ;
Raini — iidiieista ai tae hie

In self-defense, Border Patrol
Officer W. E. Beckstrom shot
and killed John’ Vail, left.

the Arizona State Penitentiary at Flor-

ence, Indian trackers were recruited, and
. the grim man-hunt continued in earnest.

The hounds were put on the trail by
means of the gun and holster Sullivan
had dropped at the beginning of his
flight, but they were scarcely needed. The

Indian trackers followed the marks of

the criminal’s shoes even in places where
a white man could have seen no signs of anyone passing.

In spite of all this however, Sullivan made one of the
most daring escapes ever recorded!

His trail at first led in the general direction of Mexico
then circled and finally came to an end at a little place called
San Simon, just sixteen miles from: Bowie. The tracks
brought the posse to a tank-house located on the railroad
right-of-way, then apparently vanished into thin air. Sullivan
was, not hidden in the tank-house, and circle as they wouid,
neither Indians nor dogs were able to pick up a new lead.

*
&
4
5

This brought the
porary halt and it wa
covered the method oi

Fortunately, in d
Sullivan, I had not si
results of the hunt ar
old-timer in the game
is always a chance o
even the most caref
Immediately after the
case was opened an
checked, I started tr:
and investigating the
ground and_ persona
means of the letters
had found among his

Right here, let me
to the principal figu
many different lines o!
tion that followed. It
quire an entire issue
IcAN DETECTIVE to
detail all the work
these officers, but the
will show how far-f
net was. They are, !
V. Pruitt of Cochise
Arizona; C. L. Meye
Special Agent, Sout
cific Railroad, Tucs«
sion, Arizona; C, I.
Chief Special Agent, |
P. Railway; Kansas. €
Crowley of the New *‘
Haven and Hartford
also Inspector Fred
Francisco Police D

‘ and one other, whose

be disclosed later in
At 7.25 A. M. on }
1935, Officer Bradbe:
Saint Mary’s Hospital
and the charge agair
became definitely one
On behalf of the S:
cific Company, I sent
number of circulars o
ward of $500 for hi
sion. The circulars cx
livan’s photograph,
fingerprint classificat
formation that he was
in Colorado for robl
signature. For much
mation we were indel
tor Fred Butz of the
Police Department v
Colorado charge ag
among the San Franc
Now transpired on
tective dramas of r
sometimes rival the v
- Officers circulated
marihuana dives, ba;
halls of the border
for some clue, how
would point the wa
slayer. Nearly always
lives, our Southern F
ically penetrated into
vicious hangouts on t
The strumming of
in the hands of lithe
of glasses and sibilar
accompaniment to an
in the extreme. Smt
adoes, any of a hun
would have cheerful!
encountered.
During this inves
learned that Sulliva

have left their impress upon that part of
California. And drama was about to
be enacted again.

“Hold it, Douglass!” the chief suddenly
ordered his companion. “See that fellow
walking along beside the highway ?”

He gestured toward a lone figure stroll-
ing some distance ahead of their car.

“Y-e-s!” Douglass answered slowly.
“He's a stranger in town, but looks famil-
iar just the same.”

HE object of their scrutiny was a bare-

headed youth clad in a’ light-colored
shirt and a pair of sailor’s trousers.

“I got a glimpse of his face a minute
ago,” the chief explained. “He looks
familiar because we’ve been studying his
picture and description on that Southern
Pacific circular. The man is Jack Sullivan.
Let’s go!”

Pressing his foot down on the throttle,

AMERICAN DETECTIVE

Douglass sent the police car skidding to
a quick stop beside their quarry. The

youth turned a white, desperate face to-

ward the officers.

Chief Collins jumped from the car.

“Not a move, Sullivan!” he warned. “Get
in this car!” Ye

The youth cast a quick glance about,
evidently saw that escape was out of the
question, then shrugged in a hard-boiled
manner and got quietly into the police
machine.

Thus did the long chase come to an end.

Held in Redwood City until March 29th,
1935, Sullivan was questioned by me and
other railroad officers. He did not at that
time confess to Officer Bradberry’s mur-
der, but admitted ownership of the identi-
cal suit of clothes worn at the time of the
shooting, which we located in Redwood

City. His method of escape on the night

of the crime was. simply to. circle back

FA MAREE od eM 2

to the railroad, working his way carefully
through the large cordon of searchers until
he reached the tank-house on the railroad
right-of-way. It will be recalled that dogs
were not put on the trail until the following
morning. Yet his escape is remarkable
because almost every foot of that territory
was guarded,

Then, still more audaciously, he boarded
the first freight train that came along and
succeeded in making his way by slow stages
to Redwood City, only to be captured by
the alert police chief of that city.

The youthful murderer was turned over
to two Arizona officers, Sheriff I. V. Pruitt
of Cochise County and Sheriff Hugh Tal-
ley of Graham County. He waived extra-
dition, and on the way back to the locale
of his crime, confessed to Bradberry’s
shooting, claiming however that the gun
was accidentally discharged. This state-
ment was disproved by the testimony of
eye-witnesses. :

After being arraigned before Justice of
the Peace Winters of Lowell Precinct,
Arizona, Sullivan went on trial for his
life in the court of Superior Judge Ross.
County Attorney Frank Thomas prose-
cuted for the state and Attorney Starr
Williams represented the defendant.

Since at this time an attempt was made
to enlist sympathy for the murderer on
account of his “youth and inexperience,”
I will sumraarize as much of Sullivan’s
personal history as I can without involving
innocent people.

ORN in Shreveport, Louisiana, Sulli-

van came to Colorado with his parents
while quite young. At the age of thirteen he
stole a car in Pueblo and was sent to re-
form school in Denver where he served
two and one-half years. After being re-
leased, he worked for his brother in Avon-
dale, Colorado, but in 1933 was sentenced
to the penitentiary for armed robbery.
Turned loose on parole in August, 1934,
he then launched upon a definite criminal
career and committed five robberies of
service stations throughout Colorado.

Next, he held up and robbed: Ralph L.
Ross, a police officer of Iola, Kansas, tak-
ing the officer’s gun and holster among
other things. Ross identified the gun that
had killed Bradberry as being the one
stolen from him by Sullivan.

The youthful murderer’s trial started on
April 10th, 1935, the case went to the jury
on April llth, and a verdict of “guilty of
first degree murder” was brought. in on
April 12th. In one of the quickest and
most dramatic trials ever held in an Ameri-

_can court, justice was meted out to the

“railroad killer.”

Sullivan maintained a hard-boiled, sneer-
ing attitude throughout and his iron nerve
was never shaken. [Even when placed in
the lethal gas chamber at the Arizona State
Penitentiary he kidded the guards and
scorned the services of a clergyman or
priest. :

On the morning of May 15th, 1936, clad
in trunks, shoes and socks, with his arms
strapped to his sides and a cigar’ in his
mouth to the last, Sullivan went to his
‘death. The hiss of the deadly gas, the
momentary drumming of his heels on the
floor followed by utter silence, marked the
end of a truly desperate character and a
tensely dramatic case.

The End

vines eam sg no
eR

ee rane NES Sa tas? Pa SSR re

sinsetetiaea a 3 ain

kkk Indicates a ¢
detective work wa:
and exceptional mer

kkk Indicates a cas
resting officer captt
under circumstances
lar gallantry.

kk Indicates a case
cooperative work a
ficers or offices solv

* Indicates a case
difficulties to the p

No star is placed be
the criminal gave h
resistance before be

kik Victim—Hele
Island, New York
(throat-cutting.) H
Helen Tiernan, mo
features—Victim wa:
her brother. Jimmy
jured. Patchogue po
on case, say they hz
mother wished to n
have room—in house
children as well.

wk Victims—Three
(police withholding 1
Knife (Jack-the-ripp
for trial—Emanuel
Arrested by—Lieuter
Chicago police, and s

‘guns, gas, bullet-pro

able features—Police
viously captured i
escaped, slashing
Chicago police took |
Confession reported.

Victim—Mrs. Mai
Washington. Methc
volver. Held for tri
don C. Jensen (hus
features—Husband {
wife’s body, police s
por. “You can’t tel
never shot anybody,

* Victim — Courtl
Park, Ohio. Meth
volver. Held for 1
brother-in-law. Ar
police (Lieutenant A

.say Laws shot Bu

over the former’s v
have left him and g
Self-defense plea.

* Victim—William
Salem, North Caroli
stabbing. Held for
Remarkable featur:
quarrelled over an
engaged, say witnes

Bryant in hospital

cuts. Arrest by lo

kk Victim — Ada
South Dakota. Me

VILLABOBO, Ramon, Mexican, 2p,

<
v
a
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4
Seas
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5 i” ; rd
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Cad
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So
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Se a,
: } Pr et
he Raed iA we

AY MEXICAN
AND POSSE {N
BLOODY FRA

Sete A

Wood Cutters Soni Horse
and Carry Out Mh nken
Threat, Killing Cost able
Brown — Citizen Peace
Officers’ Awful Revenge

A LIFE FOR A LIFE;
EIGHT ARE KILLED

Bandits Ambush Posse and
Pitehed Battle Oevecurs in
Devil’s Canvon — Four
Mexicans Pav Lives for
Those of White Men

gs’

.?
bes >

HAYDEN. August 19 — Ywo:
more Americans, Earl Miller and
Frank Miller, were killed in an- ,
other fight with horse thieves,
who earlier killed Deputy Sheriff |
Brown near Ray. Two more |
Mexican outlaws in the pursued ,
band were also killed, bringing |
the total number of deaths, in- ,
cludirg eight killed in the race |
riot in Ray caused by the news |
of Brown's killing, up to sixteen: |
i four Americans and twelve Nexi-
cans. The Miller brothers are
'‘ members of one of several posses |
’ sent out to run down the dvand |

of thieves in the hills just out-

side of Ray.

I
‘
'

reel
Four Americans and four Mexicans
lie dead on the Pinal hills north of

Ray, shot in the bloody gun fight
resuiting from the murder of Con-

|
j .
\

stable Phin Brown and his boy depu-
| ty early yesterday morning. At mid-
night, when communication with Ray
closed, every white man, capable of
carrying a rifle and riding a horse,
was in Devil’s Canyon, facing a force
of armed Mexicans, entrenched about
tne camp of the woodcutters, who
had started the treuble by ttvaling a
horse.

Eari Miller A,
brothers of Mrs. M. A. Fuso. of 605
' South Seventh avenue, Phooriix, and
employes of the Ray Consalidated,
‘ere shot to death in the after-
night attempt to dislodge the Mexi-
cans from their position in the can-

and Frank

yor.
Beside Pete Smith, the half breed,

whose theft of Mose
caused all

Lutfy’s horse
three of his

the trouble,
unted for

“i

lee
B |
ine]
fad

Miller. .

SA aa SLE ch ORS

we § dd

hanged A,ize SP (Pinal) on 12-10-1915.

‘ Girsile Pete Smith, the half breed,
whose theft of Mose Lutfy’s horse
caused all the trouble, three of hie
companions have been accounted for
by the officers. Four more of the
original band are at large, and are
said to have been joined by a num-
ber of idlers and other wooc-haulers
from the camps in the pasa moun-
tains.

Business in Ray was at a stand-
still and the streets were absolutely
deserted last night. .Those inen who
were able to fight, were siummoned
to the canyon, in a desperate effort

to bring the slayers of Brown to
justice. Those who were lIcft, were
‘guards against a possible conflict

‘with the inhabitants of the Mexican
suburb of Sonora, across the rivsr.
Confusion and excitement reigned. it
was almost impossible to learn ihe
details of the trouble until the agsis-
, tant wire chief at Hayden succeeded
; iN routing long distance calls to the
Western Union office.

Via Florence came meager reports
of the hot pursuit of the Mexicans,
who, after losing one mumber of
their band in an attempt to elude
the posse and gain the shelter of So-
nora, doubled back to their camp
in Devil's Canyon, the scene of the
killing of Brown and the tmbuscade
in which Curley Henderson slew Pete

' Smith,

The bodies of Brown and his boy
companion—whose name was appar-
ently unknown to any of The Repub-
lican’s informants—were found near
the camp, and one hundred and fifty
yards apart. Both had been robbed

“| of all valuables by their s‘ayers.

to The Republican)
August 19.—"You will be
killed.’ was the warning given Con
stable “Phin” Brown, as he. started
up Devils Canyon to arrest the
Grunken Mexican woodcuiters, wie
had stolen Mose Tutfy's horse.

“LE don't care; I'm not ufraid.’ re-
turned Brown, and they were nearly
the last words he said on this eacth.
Yor before he had ridden five miles,
he was ambushed and shot, together
with an unknown boy, an employe of
Bob. Jacksen, who was. tuken along
to identify the horse.

Tonight, two of the Mesicans are
dead, at the hands of the posse of
citizens, und the others are fleeing
ever the Pinal mountains, closely
Fursued by volunteer officers.

The first tragedy occurred before
noon. The young man—he wus em-
rloyed by Bob Jackson and hiss name
could) rot be learned-—saw Pete
Smith. half beeed Mexican and
Ubaldo, companion, with a black
mare wioich he knew belonged to
Mose Lutfy, Although only a young-
Ster -being 17 years of age—-he ap-
proached the men and demanded tho

(Special
RAY,

mire. Thev suid they would not
Sive her up. and that they would. kill
anyone who tried to interfere. The

(Continued on Page Five)

—d

aa ee

_piice in- georta ‘commerce-—a Bas |
ptaich ‘the: enthusiastic: ~Ameri- | gallows: at the state oe

3 Sima haw een
eo statesmen: of : the: — smever™ unused: since the execution of. Alejan-
i Alona ln (20> pero. Gallego, a Yavapai murderer, on

ee [daly 2" 39tTS

Ee a oe The: crime- fcr which Villalobos pata |
{ US 1S Me a ee
2 ere oe committed on- August 19. of last year}

Pelee -j Rear’ Ray. - The day before a horse!)
ef ee tive Pee Deak tetera stot trey Bae ty see

Ses | nat it Phineas Brown started { pursuit off
f- > 2 was net ‘necessary. ‘tor Mr. Jones: te the: thief who. was 2 — qa f
= | be present inthis case... <>. | part of” Me og ee

. Pants iamamed Guar? Springs ‘Trap. "Was ambushed and shot and with}
q PS cae 2:45 Warden. Stins called. a him was killed a boy, Willan: Landry.
“a -Ruards. who were: to: offiGiate at: the a a two- more wu petits:
“death | into. the: administrative build-: "y voutinne ee ath
“ing. There ‘was: a” short conference ~ te a :

ee | 3 those * eappomed eee e.
_-. mbout him and: embraced his. friends, } , be Antonio

_@ .. the quaris.. He started: for the gal- ie
i a fews: at 3: It. - ~At- 2:12 he’ ‘stoord 0 Se trial: of - Vi

Sa the. See Te and was. Sear He the following. iinlobos took. place |i
S “

: pate October, - “He was ‘con-}
Seer s (3: ~ | victed’ of - the ‘murder f° Phineas |}
“Tam. ‘about. to. aie. r am: inane ee snd his execution was set for.
es oF have ikilbed no one: | 1 forgive NEY | January . of
ig ~ body.” hes a : .
2 Tle. aban in ‘Spanish and: without t “Superintenden nt: ims
Eg : a atiiver In his voice. - 2 =. See t Sims !

= sit "5 = : ~ tfand Rive = iy : “hg a: . OF
a oman ‘waa -pronounced dead... “}imea na he sant sms wor a
The Statement. of Villalebes: - {te
: This: afternoon “it “became. known}
: : that Ramon. VMalobos - had Aeft <a
“written: statement: with” a: notary pub- ; ate: denaxt aac
“He named: Clark... The . statement. = and — = oe
which. wae chown: ¢ to. ‘The: Republicar},
~ correspondent: it=te -thought.:. will
_) throw-e ce Hires corse sere

See

VOL, __ SOURS, JNO. ON

~eetop ithe “third “time Father Poter.

erls @ privet pf the. Cathole: church: > -
arence, - “prepared Villalobos . tops:

dea ethia morning. - He was with the <*
eenetoaned: man when.he awoke this” a |
‘morning, conferred: with: hay again ate) 22
‘11° aelogk, and ° preceded . mm iin the 2s

Hvleath, marely: from tho. Seondemned |)
‘ell to the “death chamber. ‘Father: 8
Herls ‘ways che? Is jconvinced Villatobos + ee
AVAS: not guilty, This faith ix ahr 3
byte. officers: of “Plnal- COUNTY, ant i
pate B fo ‘Warden Mims, ‘
OE! AS Pinal - ‘Attempt | v
SARL ‘the: hi moment, attorneys for:
vinta, werved Warden Sips with =
“paticn raising ao question. as. ty
ike legality. uf the execution with: Loy a

Sri! prs aioe .
. nat "
¥ ¥ oi ss
oF »
Q :
An 4] eee Foe Riese - ;
i
28 a.
+ Shake +e
aS =.
d

E s ELC.

i Ww ithout Tremor in ¥. Chivont
~ Blightont Tidication” aM
aT Te: Speaks Fors

& Bi ing Ey ery body Dime Ca the attorney Benergl: being, present,
~ brac Cs ‘yards. Ag. PI Gen $y Assistant.” Attorney ® General, ones
3 & ‘ a i I Harber, “who >was - here: ae fies
7 AFIRST EXECUTION Sia ae ee
: , Ls WITHOUT THT H EE Continued 0 On Piize Fiver Te
siitetonigikilaiiiigiiatineds z Murdere rev. Refuses Rant an : a oe Es ng re
|} His Last Days” Declines: mi
: _ New Clothes; Walks With».
“Pirmness to" Citllows,2 §
mee ow ag Rose Bowguet .

(Bpecin| to The? Reyubite “an, ee

PORENCE,; “pee, S1—Profe wing ;
his innocence “and “forgivencias © to
those™ “who” have > committed him” eras 4 -
ileath, Raman” Villalobos: Spain ele ae
iirderer” of ;; Deputy: Bherift. Phineas

‘ { % : :
Wambo dak heeled: Baebes

@]rown of Pinal county, died un ihe OE :

. me) kallowa atthe “State prisan pee Bere b ‘
day... Although: che. > refused ta wm aces
during. the lay and. dectineu, tian
A” New | suit. et esvathies ae b f

. ass ot frienda ine town, ©
Oba ffected - Ane th ve
ohn ae pos the ofagt © ‘that % a0 Wan. zPimbee
Reta : meet. his. futes- He Walked: -aleadily

ang without ° suesiplence tu calles pint =
forme ss =e ¥. ast i ele

is eplceenaaciert

ia.

Dy et
ts Slunapencet f

a |
oy at: the: ‘guards, whose iad eke
al the. dlack + [rates ee
ef. ¢:: ware ap
ix him hy oa mua
| Hine feel bess eee
aa) Whe” wha rdd ey
=| atin, oharacter

baking shag oe
braced “those 29:
Mantle bel
moment.

bale tals et a 8C Hear a ba

i”,
md aaa

a El 7% P pe z

(Continued From Page One)

boy reperted this to Brown, who jeft
$}at 4 o'clock in the morning to re-
cover the mare and bring in the
Mexicans. He was told that) they
‘are all deunk up there in that) wool
camp, and you will be killed.” Then.
it was, he said he didn't care. He
$| took the boy alung to identify the
Inare and to testify to the identity
t. of the thieves.

Shortly before noon, a man named
Takel returned from Gibson camp.
through Devil's Canyon. He reported
he had heard four shots fired rapid-
lv, and then two more after a pause. ;
He said, "Then IT saw two Mexicans,},
one riding Phin B-eown'’s horse and i
the other a horse I knew belonged ,
to Bob Jackson.

Mexicans Flee : *
t
t
‘

“They rode across Mineral Creek,
to the east bank, left the horses on
a little mesa and ran down the
gulch.”

Lakel’s report brought out a posse
in short order. A score of men ofs f
fered to ride up the canyon afte. the
Mexicans, who were then practically
known to be the slayers of Brown
and his companion. .

Curley Henderson led the posse.
Some miles north of Ray, the main
body of the posse was halted by a
rifle shot frem the brush. Four oth-
ers followed, knocking up tie dust
nbout the horses’ feet, but harming
no one. Then four Mexicans rose
and fled, but before they could get
away. Henderson had taken a quick
shot, killing Smith, the half-breed.
Ubaldo and the other two escaped
and got Into the rocks.

This occurred about noon. Thelj
posse briefly examined Smith’s body
ond found him possessed of Brown's
rifle and cartridge belt.

Another One Killed

FLORENCE, August 19.—Justice of
the Peace E. W. French, in an of-
ficial communication to Sheriff Hall
rays:

“A posse of armed citizens led by
Deputy Sheriff George O'Neill, Cur-
ley Hende-son, Tom Lewis and John
Barnham, is still scouring the hills
for the slayers of Constable Brown
and his young companion. Believing
that the Mexicans would try to dodge
{nto Sonora after nightfall, O'Neill
stationed part of his men in the hills
above the camp. In attempting to
halt one of the Mexicans, who was
seen akulking toward town, the
posse stirred up a running fight, and
the Blexican was killed. He has rot
been identified.”

ee, ee er i

Not a Race War

F. E. Rich, of this city, returning
last evening from Ray, declared that
the trouble between Mexican wood-
haulers and officers was not in aby
Way the result of race troubles. Rich
land | declared the Mexicans were known to
the | be drunk, ond had been making trou-
as-|ble only for that reason.

No “The American element is not
no{ttirred up over the killing. I heard
one|no nostile sentiments expressed. Of
ive. course ff these are any ‘cracks’ made
e—|nbout Brown deserving what he got,
au-{there may be a few fist fights. Bul
hey , £0 far as I could see, everything was |
8. | peaceable im Ray.” iy

-—-@ - * = 698 Ba BS =

{

erpiea ee*erun

——

1. Believing one of the plotters who
said he wanted to go straight, Joe
Lazear, captain of the outside guard,
transferred him to the prison farm.
Escape thus became easier. 2, Guard
Gregorio B. Ruiz, 63-year-old former
federal officer and ex-deputy sheriff,
was severely beaten when the convicts
got away. 3, Prison Guard John Earl
risked vant looked like certain death
to bring Archie Short down from a dump
hill at an abandoned mine. 4, But Ray
Hunt, ‘one of the civilians deputized
to look for Deputy Hickox’ murderer,
and a companion crept up from another
direction and forced Short to surrender
before a second murder could be done.

big truck driven by an unarmed guard. Another guard
follows in a pickup truck with the guns- The horses are
ridden out by trustees.

After mess at noon on Tuesday, June 7, Joe Lazear
loaded 25 convicts on his truck and headed back for the
farm.

Guard Gregorio B. Ruiz, 63-year-old ex-sherifl’s deputy
and former federal officer, followed in the pickup. Ruiz
carried his own A4 revolver, a 30-30 Winchester, and
Lazear’s .45. Charles Luster, superintendent of the prison
farm, drove, and water boy Van Winkle climbed up be-
hind.

Van Winkle should have been with the other convicts,
but they had already started. Since Luster was along,
Ruiz thought it was safe enough to carry him in the gun
truck.

Lazear parked beside the vegetable garden and began
to unload his laborers. Luster stopped the pickup 75 yards
back of the big truck.

Carrying the guns, Ruiz stepped out through the right
door.

This was the moment Van Winkle had been waiting
for. He dove through the air onto the back of the un-
suspecting guard. Ruiz fell. Again and again Van Winkle
brought his clenched fist smashing against his victim’s
windpipe.

Luster shouted to Lazear for help and joined the fight.

Archie Lee Short pulled a prison shiv from beneath his
blouse and slashed at Lazear. The guard captain was
unarmed, but with desperate courage he went after Short.
He ducked under the glinting knife and landed a solid blow
against the convict’s jaw.

Short swung again and buried the sharp blade in Lazear’s
back just above the hips. He twisted it free and stabbed
again and again. Lazear fought on.

Convicts Dick Johnson and Tony Meyer raced back from
the big truck and joined the fight. Meyer snatched Lazear’s
45, which Ruiz had been carrying, and brought the barrel
crashing against the old man’s head. Johnson picked up
the .30-30 and covered Luster.

Van Winkle scrambled to his feet, snatched Ruiz’ gun
from its holster, and ran forward to join Short in the
attack on Lazear.

Luster charged for Meyer, and Johnson squeezed the
trigger of the .30-30, and the high-power slug burned
through Luster’s shirt and grazed him under the shoulder.
The farm superintendent stumbled backwards. Meyer
turned and fired three shots at Lazear who had succeeded
in shaking off Short.

The captain of the guards went down.

"We're Free!"

Van Winkle passed his gun to Short and the little convict
swung, its muzzle menacingly toward the other members
of the labor gang. “Get back, you
punks!” he snarled.

The convicts gave ground.

Short and Van Winkle raced back
to join Meyer and Johnson who were
standing near the unconscious Ruiz.

Short fired three shots at the farm
superintendent but missed each time.
Then he turned to Ruiz and in a
frenzy of rage kicked the helpless old
man. “That'll teach you damn screws,”
he shouted. “You won't give us no
more orders.”

Blood spurted from Ruiz’s face and
mouth.

The prospects of freedom seemed to
intoxicate Short. “We're free! We've
had our last of rotten prison grub.
It’s the bright lights for us. Think
that over, you rats,” he jeered at the
other convicts. “we've got the guts to
take what we want.”

Meyer slid behind the wheel of the
pickup truck and started the motor.
Van Winkle and Johnson slipped into
the seat beside him. Holding his gun

HEADLINE DETECTIVE

ready, Short climbed on the tailboard

neare:

Due
south
State.
barre]

of ope)
War

and S}
Pared
Eage

and orc
1S mik
Sheriff
Phoenix
“Thei:
theorize.
_ Assist.
victs’ rev
from the

try and

The ar
States. It
might fee
Actually »

er brought the
{ the guards
th three shots.

Columbus Rees

the getaway-

THE CHINESE

BUSHES BY TENNIS COURT,

Posse Formed

They retraced their route. At Kelvin they met Assistant The

Warden Edwards, who had arrived with a posse of 16 raised

prison guards and deputy sheriffs from Florence and Two
Ray. He had brought the prison bloodhounds and saddle beyon<
horses for a posse- the ca;

“We covered the road from here to Ray,” he said, “with- Van

John Van Winkle. starte d out ager any trace of the truck. They must have taken td I
‘ ° to the hi s.” e trai
at ot ce ae nN The horses were unloaded and when the posse was was'co
3 * mounted, Edwards split the men into four groups, assigning One |
each to cover 2 section of the road west from Kelvin. A seco
“Remember they’re armed,” Edwards cautioned. “They'll Ray. E
fight. When you find the truck, report back here.” towns <
Just before dark a group headed by Deputy Sheriff Start

Frank Jordan located the abandoned prison truck in the picked

Gila River bottom land. The convicts had turned off the footprir

road five miles short of Kelvin. over th

Jordan sent word to Edwards and the posse was speedily they lo
reassembled. ave up
The five fugitives had split up. Two sets of tracks led Anoth

upstream towards Kelvin and Ray. The other three heade felt sur

away from the river toward the Pinals. along tl

Prison shoes have 4 V cut in the heel so the posse would the junc

have no trouble following the trails. they dis:
Edwards split the men, this time into three groups. Prison At hea
Guards Skidmore, Sears, and Earl were ordered to lead reports {
one grou Deputy Sheriff Jordan and four other guards searchin;
were to follow the tracks leading upriver. e third With c
group was told to spread out through the river bottom on of the fi
the theory that the convicts would have to come to the Laveen }
Pedro. H

ranchers

stream for water.
rt from the hospital,” Edwards an-
by walki:

“we've had a repo
nounced. “The doctors don’t think Joe Lazear is going to
live.” “I’m go
with grim pur- to watch
come out

n went about their assignment
ne hour of daylight left there
Pointin;

pose. With not more ‘than o
was no time to Ww hounds picked up the scent and
rred their horses to @ gallop. the sherif
followed the inthe mn

the pursuers spU
The group headed by Skidmore and Sears
. dogs up through a high saddle in the ridge between Gi along th
Richard Johnson toppled and Ray. Plunging precipitously down the slope beyond, “I've id
a halt. He and Earl dropped to their doubled %
d for the v-marked down past

the prison form superin- Skidmore ©
th a 30-30. knees and searched the sandy groun

tendent wi
footprints.
The dogs seemed confused. The guards soon discovered
the reason. “They split up,” Skidmore announced. “Two
, 4

ed for the river.’

hose unshod horse had gone
“You can get help
ed it,” Skid-

d follow the one who

of them head
It was decid

“We'll take the dogs an
the hill.”
Two Caught

Sears had
river. Her
m apparently ho

went on ove”

no trouble following
e he discovered the

Leading his lame horse,
ping to throw

the footprints as far as the
convicts had entered the strea
the hounds off their trail.

He climbed back in the saddle and urged his horse
forward. In less than a quarter of a mile he sighted
Van Winkle and Johnson emerging from the river beyond a

railroad trestle.
the .30-30. .

d
a

d. He managed to get
before they saw him. F

just over
Johnson,” he called.

HEADLINE DETECTIVE uM
1 ARCH, 1943

ps. When
o an ad-
\ stepped
ermit.
Tonight,

1 to report

1.
said softly

», He says
er the first

an’s
The me

”

. will stop Us

Left: Deputy Sheriff Jack
Hickox challenged a
shadow and was shot
to death before he had
time to draw his gun.

Right: (Left to right)
Guards Delmas Sears
and Walter J. Skidmore,
and Charles Luster, su-
perintendent of farm.

“Tl be listening.”
Red-headed John Van Winkle stretched out on_ his sation through the bars.

cot, a thrill of triumph in his heart. For three weeks “I seen you today,” Short whispered. “Lugging watc:
he had been cultivating the friendship of Joe Lazear, cap- for them finks and screws.”

That night he and Short held another whispered conver

tain of the outside guard. “You better be glad I got that job,”. Van Winkle retorted

Like many institutions, the Arizona penitentiary is
largely self-sustaining. Twelve hundred irrigated acres,
under the San Carlos reclamation project, are farmed by
prison labor.

Convicts are allowed double-time credits for working
on the prison farm. Van Winkle had convinced Lazear
that he wanted to go straight, and the guard captain had

“I can get a rod any time we need it.”

“What are we waiting for?”

“You got anyone else lined up?”

“Yeah. Meyer, Johnson and Reese. They work with
me. They sure got a bellyful of all this hoeing and
digging.”

“Tell them to keep their eyes open.’ Them screws wil!

promised to arrange for his transfer to the farm. watch me close for a week or two. Then they’ll get used
They Break to having me around.”

Outside guards work on horseback and the procedurc:
Three days later Van Winkle was detailed as water boy for transfering convict crews from the prison to the farm

for the main gang of prison farmers. is carefully planned. The prisoners are hauled out in a

4) tee

The posse drove into the desert
as far as cars would go. There
they mounted horses and tracked
-. the fugitives with bloodhounds.

ith his
n was
Short.
id blow

Yes
yazear s

stabbed

ick from
’

Lazear S

ie barrel

icked up

Ruiz’ gun
rt in the

weezed the
ig burned
» shoulder.
is. Meyer

succeeded

\itthe convict
ver membges
1 back, you

and.
» raced back

son who were
nscious Rue.

ts at the farm
sed each time.
tuiz and in ‘4
che helpless * ”
, damn screws,
on't give us n°

where he could keep an eye on
Luster.

As they moved into the road-
way, Columbus Reese, a 36-year-
old Negro prisoner, scrambled in
beside Short. Meyer stepped on
the gas and the quintet roared
away.

The remaining convicts helped
Luster load bleeding Lazear and
Ruiz into the big truck.

Fifteen minutes’ later the
escape siren began its mournful
wail, ‘

The state prison is in the south
central portion of Arizona. Three
main highways lead to the outside
world. Tucson, 60 miles south,
and Phoenix, the same distance northwest, are the two
nearest cities of any size.

Due east the rugged Pinal Mountains stretch north and
south over the most sparsely populated sections of the
state. North, south and west scarlet tipped ocotillo, stubby
barrel cactus, and barbed cholla dot the last great section
of open cattle range in the United States.

Warden John G. Eager, Assistant Warden Alf Edwards,
and Sheriff Walter Laveen of Pinal County swiftly pre-
pared to pursue the fleeing convicts.

Eager telephoned officers at Coolidge, seven miles east,
and ordered the Tucson highway blocked. At Casa Grande,
15 miles northwest, Constable Jeff Peters and Deputy
Sheriff Red Carlton blocked one of the roads leading to
Phoenix.

“Their best chance is to head for the cities,”
theorized. “And we may be too late.”

Assistant Warden Edwards, who had dug up the con-
victs’ records and pictures, said, “All these fellows are
from the city. I’ve a hunch they’ll be foolish enough to
try and get into the hill country.”

After Them!

The area he referred to is as large as many eastern
states. It was highly probable that the city-bred criminals
might feel they could lose themselves in this wilderness.
Actually the odds would be against them. Strangers are

Eager

aly eS a ior

sudo Ba

rare in the hill country and the fugitives would be forced
to beg food and water from the isolated ranches.

It was decided that Sheriff Laveen and prison guard
Walter J. Skidmore, both experienced trailers, should
attempt to pick up the tracks of the ‘truck, while Edwards
and Eager organized a posse.

Laveen and Skidmore had no difficulty in finding the
tracks on the prison farm road. They followed them to the
graveled highway. Here Laveen stopped his car. Both
officers got out and went forward on foot.

“They probably turned toward Florence,” Laveen said.
“But we'll lose them as soon as we get to the paved road.”

Skidmore dropped to his knees and studied the hard
gravel surface. “Looks like they swung off east.”

They had walked less than 100 yards east when they
found a clear-cut impression in some damp earth on the
shoulder of the highway.

Had the fleeing convicts really gone east on the old
gravel road to Kelvin and Ray? Then they were heading
for trouble. There were only two ways out of Ray. One
was a twisting, tortuous road over the mountains to
Superior, the other a gravel highway south through Hay-
den and then back to the Tucson highway by a circuitous
route.

Whichever outlet they chose, it would be simple to head
them off unless they abandoned the truck and walked.

Laveen and Skidmore sped back to the prison to report,
then headed east toward the mining communities in the
Pinal Mountains.

Ten miles from the prison they met an old prospector
who had stopped to water his burros at the Gila River. He
had seen a red truck traveling east.

The sheriff and Skidmore picked up their next bit of
information at the Kelvin general store.

The storekeeper reported that he’d seen a red truck full
of men turn south towards Hayden.

Laveen telephoned Warden Eager.

“Keep after them,” he ordered. “Two trucks of horses
and all our available guards are headed your way now.”

The sheriff negotiated the twisting road to Hayden at a
mile-a-minute. He and Skidmore found a red _ truck
parked on the main street, but it was not the prison’s.
No one in Hayden had seen the convicts and they were
forced to concede that they had followed a false lead.

4 the wheel of ese
started the gti
ohnson slipped in :
n. Holding his gu
od on the tailboard |

DLINE pETECT IVE

HEA!

WEATHER

Maximum temf® a tee ee

Minimum temp., ¥F..... 40 40

Humidity, 3 a. m., pet... 93 ~ 23

Humidity, § p. m., pet... 54 - 08 wy
- - Ct

JOL. 94 ‘ NO. 73 SIXTEEN PAGES TUCSON, ARIZONA, THURSDAY MORNING, MARCH 14, 1935 SIX ¥

or, | ) <

\RIZONA STATE.
SOLONS NEARING
END OF SESSION

toth Houses Turn Their
Attention to Minor
Bills During Day
‘ALES TAX PENDING

‘enate Fails to Finish Its
Action on One Major

CAPITOL

By TALBOT T. SMITH

Measure

PHOENIX, Mar. 13.—(P)—
ll major legislation, except
ye sales tax and the per
apita school apportionnfent
ills, were in the hands of
ynferees when the senate and
ouse adjourned late today.

Failure of the senate to push
1e sales tax forward for con-

deration at the afternoon
4sion somewhat dimmed the prob-
4iity of adjournment sine die to-
orrow, the Jast day of the 60-day
atutory session, but leaders of
th houses still were confident the
wmakers would be ready to go
me tomorrow night.
Instead of advancing the sales
x measure, which arrived from
e house this afternoon, the senate
aded into the committee of the
nole calendar of some 38 bills,
commending more than 30 of
em for passage.
The house, with !ts decks cleared
major legislation, also returned |
bills of more or Jess minor im-
rtance, disposing of eight.
Senate Acts
The general appropriations bill
ssed the senate 11 to 7 early in
e day, and simultaneously the
les tax and luxury tax bills were
ing given final consideration in
e house.
The sales tax passed 41 to 9 and
e luxury tax 43 to 6. All were in
e hands of conference commit-

es by this afternoon.

PHOENIX, March 13—Like a
freshman through a cream puff, like
a buzz saw through a cheese, the
house and senate tore through a
mass of work today in an effort to
adjourn .qeftime tomorrow night.
To begin with, the senate adopted
the general appropriations bill, 11
to 7, and sent it to conference at the
same time the house was passing
the luxury tax with only six dis-
senting votes and the sales tax with
only nine. Gardner afid Penny
voted agalnst the luxury bill, Penny
against the sales tax.

Contrary to expectations, the sen-
ate did not take up the sales tax
bill, but cleared its calendar up to
it In order to start on {t first thing
in the morning. As adopted by the

(Continned to Page 4, Col. 3)

MYSTERY PLANE
HAS TEST TRIP

Secret of Government
Program Carefully
Guarded on Coast

OAKLAND, Calif., March 13.—(>)
—After making one “successful”
test flight over the Pacific during
the early morning, a government |
“mystery plane” carrying carefully
guarded flying instruments took off

here again this afternoon for an-; Beckstrom shot down Vales and '
other short ocean cruise. [exchanged several shots with the:

Upon returning from Its fir

JOHN BRADBURY
INJURED DURING
FIGHT AT BOWIE

One Transient Is Dead
And Another Sought
After Attack

BROUGHT TO TUCSON

Bloodhounds Are Used in
Widespread Hunt for
Accused Man:

John Bradbury, well known
southern Arizona peace offi-
cer, lay critically wounded in
St. Mary’s hospital last night
after a gun fight between offi-
cers and transients in the rail-
road yards at Bowie, Ariz.,
shortly before 11 o'clock yes-
terday morning in which a

transient, C. E. Vales, was
killed.
Meanwhile the _ brush-covered

country east of Bowie, 125 miles
southeast of Tucson on the main
line of the Southern Pacific rail-
road, was being combed by a posse
of men with bloodhounds searching
for a transient tentatively identified
as Jack Sullivan, who fled after al-
legedly shooting Bradbury.

According to information receiv-
ed at the sheriff's office here from
officers at Bowie, Bradbury, spe-
cial officer for the railroad and
former Greenlee county sheriff, to-
gether with William A. Beckstrom,
U. S. border patrolman at Benson,
removed 10 transients from an east-
bound freight train at Bowle yes-
terday morning, and_ started to
search Vales and Sullivan.

When told to put up his hands,
according to Beckstrom, Sullivan

whirled and fired a .45-calibre re-
volver into Bradbury's abdomen, at}
the same time that Vales attacked :
Beckstrom with a blackjack. |

Sullivan, the reports. said.

f To Aid Children

GEN. J, J. PERSHING

PERSHING HE
LOCAL CHL

Gives Sword and Lends
His Name to Benefit
For-Comstock

Gen. John J. Pershing, command-
er in chief of the A. E. F., resting
in Tucson, last night came from se-
clusion to lend his name, gift and
best wishes to tubercular charity

mat fe oF AN a ow ry

LONGSHOREMEN
SEEK TO CLOSE
COASTREFINERY

Strike Mobs Clash With
Company Men During
Day of Battle

CITIZENS ARE ACTING

Protection Given Those
Working in Plant by
Vigilantes

CROCKETT, Calif., Mar. 13.
—(/P)—Siege of the huge Cali-
fornia-Hawaiian sugar refin-
ery here by pickets of the
International Longshoremen’s
association blocking entrance
to non-union workers was fol-
lowed today by a threat to
close the plant down entirely.

“It is very probable we will
close the plant,” William Tyler,
vice president of the California
and Hawailan Sugar Refining cor-
poration, said tonight. “The long-
shoremen.are not letting our men
enter. We can't run the plant with-
out workers. If the authorities
can’t get our men In and keep or-
der, we will have to close.”

Tyler, however, emphasized there
“Ig no strike or lockout.”

Injury of one man and several
fist fights were reported through-
out the day, and every available
deputy sheriff was dispatched here
from Martinez to keep order in the
situation caused by a walkout of
warehouse employes belonging to
the ILA.

One Injured
Gus Jensen, 32, a cable man, suf-

fered.a nose injury in a scuffle when
a group of workmen left the plant |
at 5 p.m. Pickets swarmed around |
and warned the non-union workers |
not to attempt to return to work. |

Siege of the plant was temporar- |
ily broken at 6:30 p. m., whé m-
bers of a “citizens’ peace” commit |

10 Million Shorta=

Horses and

>
—
}

Survey Shows Farm Countri\

Give Lowest Total in Ame
Plans for Raising Grade and!

too. Experts have just added up and {:¢

shortage.

Two remedies have been suggested.

maintenance of stallions. The other
proposes an educational campaign,
with the government to furnish
stallions and jacks for breeding
work horses and mules.

Many officials incline toward the
latter plan. They said {t had worked
successfully for the army remount
service in producing cavalry
mounts,

A steady decrease has been shown
in the production of work stock

since about the time of the World
Wal. Pn YR IE
J. O. Wittarfif senior animal hus-

bandman for the agriculture de-
partment, figures that there were
21,500,000 horses on the farms and
ranches of the United States when
the war ended.

“Today this number has decreased
to about 11,000,000, the lowest num-
ber of equines in this country for
over 40 years,” he said.

The decline in horse and mule
population is largely attributed to
the mechanization that set in, par-
ticularly in cities, during and after
the World war. |

Statisticians figure that more than
2,000,000 horses and mules used
in transport work in cities a few
years ago have been supplanted by
trucks, There are only 1,500,000
animals used for that purpose now.

In only one line of city work
has the horse generally held his
own. No one has yet invented a
truck that could remember the
stops on a milk fotite. Experts also
figure that the decrease in the
population of horses and mules has
set some 18,500,000 acres of land
that would be necessary to feed
them free to produce foodstuffs,

thus adding to the agricultural
surplus,

— O

Cop

soth House irn Their
Attention to Minor
Bills During Day

sALES TAX PENDING

Jenate Fails to Finish Its
Action on One Major

' Measure

PHOENIX, Mar. 13.—()—
\l] major legislation, except
he sales tax and the per
apita school apportionnfent
ills, were in the hands of
onferees when the senate and
,ouse adjourned late today.

Failure of the senate to push
he sales tax forward for con-
ideration at the afternoon
ession somewhat dimmed the prob-
bility of adjournment sine die to-
1orrow, the last day of the 60-day
‘atutory session, but leaders of
oth houses still were confident the
iwmakers would be ready to go
ome tomorrow night.

Instead of advancing the sales
ix measure’? which arrived from
1a house this afternoon, the senate
‘aded into the committee of the
‘hole calendar of some 38 bills,
ecommending more than 30 of
1em for passage.

The house, with its decks cleared

¢ major legislation, also returned‘

> bills of more or less minor im-
ortance, disposing of eight.

Senate Acts

The general appropriations bill
assed the senate 11 to 7 early in
ve day, and simultaneously the
ules tax and luxury tax bills were
sing given final consideration in
1e house,
The sales tax passed 41 to 9 and
1e luxury tax 43 to 6. All were in
1@~ hands —of--conference-.commit-
‘es by this afternoon.

Conference committees worked
woughout the afternoon, and re-
orts were expected from some of
1em -early tomorrow. So many
embers were absent from the sen-
e during the committee meetings
‘e-sergeant at arms several times
as called upon to call in members

order that the committee of the
hole might work.

The administration's Intangibles
x measure was reconsidered and
feated a second time in the sen-
e this morning. In the house the
oss income tax bill was postponed
definitely,

Goes fo Conference

The appropriations bill went to
e conferees with the basic figure
r government expenditures, ex-
asive of the per capita apportion-
ent which Js still undetermined,
t at $6,242,090.

The only major difference be-
‘een the separate houses over pro-
sions of the measure centered

tema anflanrte af than L -ssee tA

and

Fancies

By TALBOT T. SMITH

PHOENIX, March 13—Like a
freshman through a cream puff, like
a buzz saw through a cheese, the
house and senate tore through a
mass of work today in an effort to
adjourn .agg@atinre tomorrow night.
To begin with, the senate adopted
the general appropriations bill, 11
to 7, and sent it to conference at the
same time the house was passing
the luxury tax with only six dis-
senting votes and the sales tax with
only nine. Gardner apd Penny
voted against the luxury bill, Penny
against the sales tax.

Contrary to expectations, the sen-
ate did not take up the sales tax
bill, but cleared its calendar up to
it in order to start on it first thing
in the morning. As adopted by the

(Continued to Page 4, Col. 3)

MYSTERY PLANE
HAS TEST TRIP

Secret of Government
Program Carefully
Guarded on Coast

OAKLAND, Calif., March 13.—(7)
—After making one “successful”
test flight over the Pacific during
the early morning, a government
“mystery plane” carrying carefully
guarded flying Instruments took off
here again this afternoon for an-
other short ocean cruise... — - oe

Upon returning from Its fir
trip, which took {it 150 miles at sea,
Eugene Vidal of the commerce de-
partment bureau of aeronautics, in
charge of the operations, dissipated
some of the secrecy by explaining

the ship carried an improved radio! ward San Simon, and bloodhounds personal

compass.

The big plane was ordered re-
fueled immediately and it took off
again at 1:46 p.m. P.S.T., for a:
projected flight 300 miles to sea and
return. It was said the plane would |
attempt to pick up a
at Honolulu.

Just before darkness closed over
the Oakland airport, the plane re-.
turned from {ts second flight at 6:40
p.m., and was rolled into & hangar
apparently for the night. |

No details of the trip could be
obtained, but it was learned that
Vidal, who was aboard on the morn-
ing flight, left shortly afterward
for Washington. The department of
commerce said he was returning
“because there was nothing more

radio beacon |
‘ i

One Transient Is Dea
And Another Sought
After Attack

BROUGHT TO TUCSON

Bloodhounds Are Used in
Widespread Hunt for
Accused Man:

transient, C. E. Vales, was
killed.
Meanwhile the _ brush-covered

country east of Bowie, 125 miles
southeast of Tucson on the main
| line of the Southern Pacific rail-
road, was being combed by a posse
of men with bloodhounds searching
for a transient tentatively identified
jas Jack Sullivan, who fled after al-
legedly shooting Bradbury.

According to information recelv-
ed at the sheriff's office here from
| officers at Bowie, Bradbury, spe-
cial officer for the railroad and
former Greenlee county sheriff, to-
gether with William A. Beckstrom,
U. S. border patrolman at Benson,
removed 10 transients from an east-
bound freight train at Bowle yes-
terday morning, and_ started to
search Vales and Sullivan.

When told to put up his hands,
according to Beckstrom, Sullivan
whirled and fired a .45-calibre re-
volver into Bradbury's abdomen, at
the same time that Vales attacked
Beckstrom with a blackjack.

Beckstrom shot down Vales and
exchanged -several_ shots with. the

mg Sullivan, the reports said.
Beckstrom then carried Bradbury to
the railroad station and called a
doctor. ,

A posse was organized to search
for Sullivan, who fled eastward to-

| were brought from Ft. Grant to
| participate in the hunt. Most of
_the outer garments worn by Sulli-
| van were found not far from Bowie.
but officers were unable to de-
termine whether ne had _ stolen:
others to replace them. |

In the suitcase with which he:
was traveling were found papers:
from which officers identified Su]-j
livan, and a photograph of him_
taken in Rock Island, IL

Vales Dies
Vales was rushed to Willcox for

medical attention, but died soon

after reaching there. He refused
to give officers any statement. He
was thought to have been a resi-

‘dent of Pueblo, Colo., the Associated

Press reported.

TH ndhne 6 Pe AL mwds

GEN. J. J. PERSHING

PERSHING HELPS
LOCAL CHILDREN

Gives Sword and Lends
His Name to Benefit
For-Comstock

Gen. John J. Pershing, command-
er in chief of the A. E. F., resting
in Tucson, last night came from se-
clusion to lend his name, gift and
| best wishés to tubércular charity
‘ patients of the Comstock Children's

| hospital. Unable to attend the fies-
; ta in person to present his gift,
' Gen. Pershing made arrangements
i with C. Edgar Goyette to make a
ears oa to the recipil-

| ent.

Searching keenly to establish the
j authenticity of the 100 per cent
charity entertainment which {s to
be held Saturday, March 16, at the
Country club, the distinguished win-
ter visitor, formerly the command-
ing general over the fathers of some
of the children he is now aiding,
fave most penérousl}?” of his ‘time
and patience to the furtherance of
the movement to help relieve ju-
venile victims of the white plague.
Once the general felt certain of the
worthiness of the affair the aus-

Strike Mobs Clash With
Company Men During
Day of Battle

CITIZENS ARE ACTING

Protection Given Those
Working in Plant by
Vigilantes

“It is very probable we will
close the plant,” William Tyler,
vice president of the California
and Hawailan Sugar Refining cor-
poration, sald tonight. “The long-
shoremen.:are not letting our men
enter. We can’t run the plant with-
out workers. If the authorities
can’t get our men In and keep or-
der, we will have to close.”

Tyler, however, emphasized there
“Is no strike or lockout.”

One Injured

Gus Jensen, 32, a cable man, suf-
fered_a nose injury in a scuffle when
a group of workmen left the plant
at 5 p.m. Pickets swarmed around
and warned the non-union workers
not to attempt to return to work.

Siege of the plant was temporar-
ily broken at 6:30 p. m., whé m-
bers of a “citizens’ peace” commit
tee, armed with clubs and shotguns,
escorted 40 non-union workers in-
to the plant.

The escort of about 60 took advan-
tage of the fact that pickets had
gathered at one gate and used an-
other guarded only by two “look-
outs.” The citizens’ group with
clubs ready formed around the
workmen in single file, while a
rear guard of four was armed with
shotguns.

The refinery was still operating
tonight, however, Tylor declared.
| But-Jongsharemen-~pickets.-were re-
ported to have prevented an en-
gine from picking up cars loaded
with sugar, and to have taken steps
to prevent two boats from docking
later tonight for loads,

terity of a commander relaxed and!
the spontaneity of a father assert- !
ed itself in the gusto with which
“Black Jack” permitted, his name
to be added to the already large

duty throughout the day, but the
number was reduced after darkness,
although reinforcements of about
55 Alameda county Jongshoremen

avtad an tha Mam

rea ean toe v

| Population is largely attributed to!

’
i

|
|

H
'

| 2,000,000 horses

| population of horses and mules has

| Wall of Secrecy Still Sur-

Give Lov
Plans for

Total in Am«
ing Grade and !

WASHINGTON, March 13.—(®}—De-
the AAA today disclosed it is pretty »
too. Experts have just added up and f

shortage. , ;

Two remedies have been suggested.

maintenance of stallions. The other
proposes an educational campaign,
with the government to furnish
stallions and jacks: for breeding
work horses and mules.

Many officials incline toward the
latter plan. They said it had worked
successfully for the army remount
service in producing cavalry
mounts,

A steady decrease has been shown
in the production of work stock
since about the time of the World
WAL, wx PY w

J. O. Witte senior animal hus-
bandman for the agriculture de-
partment, figures that there were
21,500,000 horses on the farms and
ranches of the United States when
the war ended.

“Today this number has decreased
to about 11,000,000, the lowest num-
ber of equines In this country for
over 40 years,” he sald.

The decline in horse and mule :

the mechanization that set in, par-}+
ticularly in cities, during and after
the World war.

Statisticians figure that more than
and mules used
in transport work in cities a few
years ago have been supplanted by
trucks, There are only 1,500,000
animals used for that purpose now.

In only one line of city work
has the horse Benerally held his
own. No one has yet invented a
truck that could remember the
stops on a milk fotite, Experts also
figure that the decrease in the

set some 18,500,000 acres of land
that would be necessary to feed
them free to produce foodstuffs,
thus adding to the agricultural
surplus, S.

PROGRESS SEE
BY COPPER MEN)

rounds Efforts to Con- -

reported

_ trol Trade

NEW YORK, March 13—-(7)—Fur-
ther progress in negotiating copper
- production and sales agreements
! was reported to have been made
_ today by representatives of foreign
, Producers conferring here.

| The conferees still shroud thelr

Three hundred pickets were on/ talks In secrecy, but tidings filter-

ing through are sald to be encour-
aging.

Usually well {Informed quarters

that seen “in Wen Koes

the delegates have divided ;

no part of
A double,
o bit. He
‘ed to. The
ona ‘come
ified if he
‘inger or if
mount on
urs every

thing else
year. He
if, and he
10 hanging
ns looking

any other
penses and
ier rodeos,
fered more
r pay fora

of town,”
ime he was

rs. “That I
an find out.
ie wrote to
ice,”

they drove
way swings
iam. Here
oad. They
e to a shel-
ouses were
low butte.
Day. Her
‘he Watkins
s on the far

leasant girl
i Mirando’s
ir had been
They had
something

* that ques-

e girl’s face.
2 two weeks
The people
don’t know
‘ong. Either
anged their
» and asked
inday there
place from
ind told me
id it wasn’t
ave stopped

‘e but Pruitt
e possibility
ve returned
ping to say

in Arizona?”
.ear Douglas,
rs to Double
visiting some
to live here.”
commented.
iing has hap-
id anxiously.
1,” the Sheriff
er was mur-
That is why

i and walked
house.

it said speak-
nat the girl’s

atkins’ stable
, injured leg.
‘e had noticed
ense plates in
ce on Sunday.
t of the house

several times, and he had assumed that
Miller had sent them.

“What kind of a car was it?”

Free shook his head. ‘Don’t ask me that.
If it had been a horse, now, I could tell you.”

“Would you know these men again if you
should see them?”

“I think 1 would. One of them was mid-
dle-aged and I took the other one to be his
boy.” 4

“What sort of things did they take out of
the house?”

“Well, I was over there this morning. A
stove and a radio and two saddles are gone.
I expect Everett sent these fellows to get
them.”

“I’m not so sure of that,” replied Pruitt.
“Bverett Miller was murdered Saturday
night.”

“Why would anybody kill. Everett
Miller?” Free asked quickly.

“His pockets were cleaned out,” answered
the Sheriff. “Does that tell you anything?”

The muscles of the horse handler’s face
grew tense. “You find his money belt on
him?” Pi

“No.”

“Everett done pretty well in the rodeos
this year. Won eight hundred. dollars in
Prescott in July and I guess about half that
much at Long Valley. He was funny about
some things. Didn’t trust banks. Carried
what he had in a money belt. Had one made
special in Dallas with kind of a secret
pocket-like.”

“You’re sure about this?” j

“Of course I’m sure. You ask Lorraine.
She’ll tell you the same thing.”

@ PRUITT TURNED to Mirando. “Tell me
what you know about these people Miller
was visiting in Arizona.” :

“There isn’t much to tell,” replied the
other. “Guess they went in more for farm-
ing than most of the folks around here.
About a year ago they moved to Arizona.”

“J think I would like to talk to these fel-
lows,” the Sheriff remarked quietly.

On the long drive back to Arizona, Pruitt
outlined his theory. He pointed out that
whoever killed Miller must mave known
about this ranch at Hot Springs, just where
it was located and also that the house was
vacant. That made it look as though some-
body he knew had murdered him.

“Free says the car he saw there Sunday
had Arizona plates and he_ probably
wouldn’t be mistaken about that.”

Chess Miller said, “There are two of them
involved. We know two men hauled him
under that highway bridge. He was visiting
them and they probably knew about his
money belt, and they would know how to
find his place here in New Mexico.

“There is another angle too,” Pruitt
added. “If he was visiting this family, why
haven’t they reported him missing? There
has been a story about the murder in the
paper in Douglas every day since Sunday.
Seems like they would be sure to have
heard of it by now even if they didn’t have
a. hand in it.” m

The two officers reached Douglas shortly
before noon on Friday. They checked with
Stewart who told them there had been no
new developments locally.

Pruitt called the county seat and learned
that his presence was demanded that after-
noon in Superior Court.

“We'll wait on this thing until tomorrow,”
he said. “I want to do some checking around
before we go out anyway.”

He picked up Miller at ten o'clock Satur-
day morning, drove to the office of the
Douglas Dispatch, and asked to see the cir-
culation manager.

“Do you deliver papers out at Double
Adobe?” he asked.

“We have a carrier there. They go out by
bus.” .

“Mind if I see a list of your subscribers?”
“No, I guess not, Is something wrong,

Sheriff?” inquired the newspaper man.
“Just checking an angle,” Pruitt replied.
The newspaper man produced a type-

written sheet with the names of the paper’s

subscribers in the Double Adobe region.

Pruitt glanced down the list. Then he
put his forefinger on one name and held it
so Miller could see it. “Cast your eye on
that, Chess.”

Pruitt turned again to the newspaper
man. “I guess the papers have been de-
livered out there this week, all right?”

“We haven't any kicks. If you'd tell me
exactly what...”

“I think we have everything. Thank you.”

When they climbed back in the car Pruitt
remarked, “They got a copy of the paper
telling about the murder and yet Tll bet
they act surprised when we tell them what
happened to Miller.”

The Double Adobe farming region lies
in the center of the Sulphur Springs, twen-
ty-five miles north of Douglas. The keeper
of the general store told the officers the way
to the farm they were looking for.

The buildings were at the end of a little
lane. The barns and the house were in good
repair and had been recently painted. As
they pulled into the yard, Miller pointed to
two men who were working over a hay
baler in the wagon yard beside the barn.
“I guess those are the two gentlemen we
want to see.”

With characteristic precaution, Pruitt and
his deputy both checked their guns, making
sure they were free in their holsters and
ready.

“We'll walk on down,” Pruitt said. “What

we've got so far is only a strong suspicion.
The story they tell might clear them. We'll
talk a while and see what develops.”
- As they approached the wagon yard,
Pruitt could see that one of the men was
marked with the stoop of middle age. The
hair beneath his narrow-brimmed Stetson
was gray. His companion was younger,
probably about twenty-eight. Both were
dressed in levis and they both stopped what
they were doing as their visitors ap-
proached.

“We're looking for the Smiths’ place,”
Pruitt began.

“This is it, Mister,” the older man replied
with a note of antagonism in his voice.

“Then you must be Lee Smith,” Pruitt
said pleasantly.

There was no answer.

@ THEY WERF closer now. Pruitt could
see that neither of the men was armed.
“We're trying to locate Everett Miller,”

the Sheriff continued.

The two farmers exchanged quick glances.
The old man answered. “He's gone.”

“Well, that’s too bad. Where has he
gone?”

“How should I know. He left a couple
of weeks ago.”

“He was here quite a while, wasn’t he?”

-“A week.”

“You and him pretty good friends?”

“We knew him. He come through here
looking for a job and we give him one.”

“He just left? He didn’t say where he
was going or anything?” the Sheriff
prodded.

“He was a grown man, Mister. He could
come and go as he pleased.”

“Why did you say ‘was’?” Pruitt pounced
on that slip of the tongue.

The farmer stepped forward. “If Miller’s
in trouble, that’s his business. We don’t
know anything about it, see?” And we
don’t aim to tell you nothing.”

Pruitt shrugged his shoulder, “Okay. No
need to get excited about it. This your
boy, here?” .

The man nodded.

“How long you been in Arizona?”

“We got work to do, Mister. Go get the
tools, son,”

The boy started for the barn. Chess

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Miller moved swiftly into his path. “Justa
minute, Bud. The Sheriff wants to ask you
some more questions.”

“Let him go, Chess, but go with him.”

The younger man hesitated, uncertain.

“Go on,” Pruitt ordered. ‘I’d like to see
those tools.”

The youth looked at his father.

“Take him into the barn, Chess,” Pruitt
ordered.

The son’s will power melted before the
Sheriff’s steady gaze. They disappeared
inside the barn. When they came out, Chess
Miller was carrying a deer rifle and a belted
six-gun. “I guess these are the tools he
meant, Sheriff.”

Pruitt’s eyes, cold and accusing, centered
on Lee Smith’s face. “What kind of work
were you planning?”

“T ain’t saying.”

“There seem to be a lot of things you
don’t want to talk about,” Pruitt remarked
acidly. “Why did you kill him, Smith?”

Phony Photographers

Vultures who prey on service men and
women have developed ‘that old racket,
sidewalk photography, to such a degree in

‘New York City that police officials else-

where throughout the country should be on
guard against its introduction into their
communities. The racket in wartime
provides a new low in examples of how
little patriotism there is among selfish,
unprincipled criminals. While soldiers and
sailors carry guns, these racketeers carry
phony cameras; while clean youngsters are
fighting for the ideals of decent men, they
follow the only creed they know—“there’s
a sucker born every minute.”

Let Harold M. Schwab, executive director
of the American Business Congress, tell
about it. He has campaigned against this
type of street hawker, has assisted the police
in running some of them down, has received
the complaints of legitimate photographers
—and has sympathized with the disap-
pointed, trusting uniformed victims.

“These photographers,” Mr. Schwab said,
“work Times Square and adjoining streets
where service men may be found in large
numbers. One of the racketeers will see
three young sailors, say, strolling along, or
perhaps a soldier and his girl friend, and he
holds up his camera conspicuously, going
through the motions of snapping a picture.

“Naturally, the victims’ curiosity is
aroused and the photographer has little
trouble stopping them. He explains that
his ‘photographic firm’ will be glad to send
the picture he has just taken either to the
subjects themselves or to anyone they might
designate, all for one dollar per print.

“Soldiers and sailors are great souvenir
collectors and nine times out of ten they
will want a picture of themselves in New
York. Or perhaps the soldier is going over-
seas and he and his girl friend think the pic-
ture will be the last they will have made
together before his departure.

“Lots of times, too, a lonely boy will want
to send a picture to his girl or his Mom—
that phase of the racket is particularly dis-
gusting, preying on the sentiments of a man
in uniform. Why, last Mother’s Day there
were thousands of service men on leave in
New York and all the main streets were
being worked by these phonies. They must
have cleaned up!

“The climax, of course, is that the picture
is never delivered. When arrests have been
made, it has often been found that the cam-
eras did not even contain film, or, if they

“We didn’t kill him.
know nothing about it.”

“Maybe’ you'll change your mind. You
are going to have some time to think it
over, anyway.”

Pruitt loaded the Smiths, father and son,
into his car. Leaving Miller to watch them,
the Sheriff searched the barn, then walked
back to the house and knocked at the
kitchen door.

An attractive woman answered. “Mind if
I come in a minute?”

“What for?”

“That’s a new stove you’ve got, isn’t it?
I guess you have a new radio in the front
room, too.”

The door slammed in his face.

“She acts sort of friendly like,” Pruitt
commented, but he had seen more than
enough. In the barn he had found a blue
Studebaker sedan. The seat cushions had
been newly scrubbed, but in the crevice
beneath the floor board, he found a dark

I tell you I don’t

did, the film had been used over and over
again. The photographers, if they can be
called that, victimize the service men be-
cause they know their victims are seldom
in New York more than a day at a time and
there is little chance of complaint.”

Mr. Schwab said he watched one operator
working Forty-second Street between Sixth
and Eighth Avenues. In less than an hour
‘the man had made at least $30, and possibly
more if he sold some of his victims more
than one “print” of the never-taken, never-
to-be-delivered pictures.

“The courts in New York City,” Mr.

Schwab continued, “have generally fined
these violators flve dollars, which is an in-
significant amount considering the fact that
they collect hundreds of dollars a day, with
no overhead and no expense. It is a racket,
pure and simple, and must be stopped.”

Mr. Schwab has sought and is receiving
the cooperation of the city government, the
Police Department, the Mayor’s Committee
on Defense Recreation, the American Le-
gion and the Veterans of Foreign Wars in
helping to stamp out the racket. He had
not heard, at this writing, of its being prac-
ticed in other large cities to any great ex-
tent. Once the phony photographers are

.chased out of New York, however, there

may be a different story.

“It’s a mighty lucrative business,” he
pointed out. “If they can’t continue in New
York they’ll move elsewhere. It’s certain
they won’t stop merely because their con-
science hurts them.”

—R. G. Harris.

stain where apparently blood had dripped.

Pruitt detailed Miller to bring in the
Studebaker sedan for further examination.
The Smiths, Lee Albert and John L., were
lodged in the Cochise County jail in Bisbee.

Pruitt, Miller and County Attorney John
R. Ross, questioned the suspects together
and separately. The Sheriff obtained a
description of the stove and the radio, and
other things taken from Miller’s place at
Hot Springs, and armed with a search war-
rant, he returned to the Smith place.

In the meantime, Doc Free had identified
pictures of the Smiths as the two men he
had seen at Hot Springs the day after Miller
was killed, and an analysis of the stains in
the Smith’s car definitely established them
as blood. ~

Pruitt confronted the younger Smith with
this mass of evidence and on Tuesday, three
days after the arrest, the son signed a de-
tailed confession in which he said that his
father had first slugged the rodeo cowboy
with a hammer, and then cut his throat
with a pocket knife.

“We were riding back from Douglas,”
John Smith told the Sheriff. “Everett Miller
was in the front seat beside me. Dad had
been after Everett to loan him some money,
but Everett wouldn’t do it. I guess we were
about five miles out of town, when Dad hit
him,

“There was an old hammer on the floor
of the back seat. I saw it all in the rear
view mirror. Pop picked up the hammer
and held it between his knees. Then he
said, ‘Look, Everett. I aim to have that
money.’ Everett said he didn’t aim to let
Pop have it. That’s when Pop hit him.

“I got scared. I said we ought to take
Everett to the doctor. Pop said, ‘I ain't
through with him yet. Stop yonder at that
wash. You do as I say or I’ll work you
over with this hammer too.’

“He made me stop. He pulled Everett's
body out of the car and dragged him down
into that dry wash. Then Pop took his
pocket knife and cut Everett’s throat. After
that he took the money belt.

“I aimed to come to tell you all about it,
Sheriff, but Pop kept saying he’d kill me
if I talked. I was going to write you a
letter, first chance I got.”

Lee Smith was brought to trial Novem-
ber 29th, 1943, before Superior Court Judge
Frank Thomas. Two days later, the jury
returned a verdict of guilty of murder in
the first degree which made death in the
gas house mandatory. p

His son, John Smith, who was scheduled
to go to trial December 2nd, had steadfastly
maintained his innocence. But Pruitt and
Ross were convinced he had helped in that
final deliberate act of throat cutting.

According to the son’s story, he had wit-
nessed that final brutality while sitting in
the car on the highway.

“He’s lying when he says that,” Pruitt
told Ross. “I tried it. The bank is so steep
no one sitting in a car could see what was
happening down in the wash.”

“I don’t put much stock in his claim he
was going to tell us about it, anyway,” Ross
replied. “He had plenty of time after you
brought him to jail, but he didn’t get talka-
tive until he knew the jig was up.”

As the trial got under way and Prose-
cutor Ross presented these facts in the
State's opening statement, young John
Smith’s confidence faded. Through his at-
torney he asked permission to change his
plea to guilty, indicating that he hoped by
such an act to earn the court’s mercy.

On December 3rd, 1943, Judge Thomas
accepted the guilty plea and promptly sen-
tenced John Smith to serve thirty to forty
years in the Arizona State Prison.

One week later Judge Thomas sentenced
Lee Albert Smith to die in the glass walled
lethal gas chamber where the state of
Arizona exacts the last full payment for the
crime of murder.

om teen attiati

(Conti?

the guiding ge:
case.

It was Warr
graft scandal i
community nea
leader, Harvey
Dominick, in f:
unlucky star, fc
years later aft
bride with a me
their marriage.
plot to release
author, from F«
Booth’s wife,
tempted to al
from the court

@ WARREN \

Eddie Laver
killer because
soft lead of hi:
frightful lacer
This writer a‘
after he faile«
beat Warren's

In 1929 War:
inal careers 0!
McNabb, the s
conviction by
because north:
admit that Sar
most dangero
inals of the «
quently execu’
guard during
Sampsell was
again many y

Indeed, the
ers and bunc
by Earl Warr:
Who’s Who.
who murdere
Davis; Louis €
fornia Bluebe:
mal to beat «
Lazarus and }
toms; Claude
who killed fo
slew his wife
and many ano’
wards that hc
other county.

Earl Warre
stride, and su
sions.

But there
on his big har
officially buri:
still walks ar«
him. It is th:
Point Lobos n
are of the o;
still remains |

One night i
Francisco’s bl«
ances, Chief |!
found dead in
freighter Poi
thoroughly cz
deep knife w
and there we:

To the le:
unions, Alber!
a company 1:
popular with
Alberts was ;
citizen, a hum
slain. Furth
mysterious de:
ers, and War:

dee Rs

Ur ALADAG

roles

st tes reversible error
int out.

at of the court in en-

.om making any will or

ustrument which would vio-

cract with plaintiff was within

_¢ of the court in order to preserve

atus quo of the parties. Eastwood v.

.stwood, supra; Newman v. French, 138

fowa 482, 116 N.W. 468, 18 L.R.A.,N.S.,

218; Holland v. Holland, 89 Kan. 730, 132

P. 989; 7 A.L.R.2d 1178, note 5. We be-

lieve, however, that the court exceeded its

jurisdiction in incorporating in the judg-
ment paragraph 4, reading as follows:

“Tt is adjudged and decreed that
should the defendant, William Remele,
precede the plaintiff in death, the plain-
tiff will become, at his death, the sole
owner of both the legal and equitable
titles to the real property described in
this judgment, and it is decreed that the
heirs and devisees of the defendant,
William Remele, shall have no title or
interest whatsoever in or to the said
real property ;”

Therefore paragraph 4 should be deleted
from said judgment. It is our view that
the vesting of title in plaintiff could only
be accomplished by probating the defend-
ant’s will after his death wherein he devis-
ed said property to plaintiff or by an action
for specific performance of the oral agree-
ment.

Weare also of the opinion that paragraph
5 of the judgment should be amended to
read:

“It is further adjudged and decreed
that so long as plaintiff continues to
perform her part of said oral agree-
ment or holds herself in readiness to
perform the same, defendant William
Remele is enjoined from making any
will or testamentary instrument which
would violate his contract with the
plaintiff to devise the above described
property to her.”

The remainder of said paragraph 5 should
be deleted.

Although the incorporation in the judg-
ment of the provisions above deleted was
beyond the jurisdiction of the court it does

ani “SX 275 PACIFIC REPORTER, 24 SERIES

not require a reversal thereof. Amend-
ments suggested to conform with the above
will cure the defect.

It is ordered that the judgment be amend-
ed as above indicated, and as amended, is
affirmed.

STANFORD, LA = PRADE - and
WINDES, JJ., and FRED C. STRUCK-
MEYER, Jr., concur.

UDALL, J., having disqualified himself,
STRUCKMEYER, Jr., Judge of the Supe-
rior Court of Maricopa County, was called
to sit in his place and stead in the above
entitled cause.

+1nms

78 Ariz. 52
STATE of Arizona, Appellee,
Vv. ae
Arthur THOMAS, Appellant.

‘No. 1045.

Supreme Court of Arizona. ok
Oct. 18, 1954.

Defendant was convicted of murder.
The Superior Court, Cochise County, Renz
L. Jennings, J., rendered judgment and
defendant, appealed. ‘The Supreme Court,
Udall, J., held that evidence sustained con-
viction. et

Judgment affirmed.

1. Criminal Law €=624, 625

If a defendant allegedly was insane at
time of commission of offense, this issue
may be litigated as defensive matter, and
if he is allegedly insane at time of trial, the
issue may be raised before trial. Rules of
Criminal Procedure, rules 233, 304, A.C.A.
1939, §§ 44-1031, 44-1701.

2. Mental Health 432

An insane person is not triable, at
common law, during the period of his in-
sanity.

3. Criminal Law ©=625
Defense counsel’s statement that de-
fendant had stated inability to remember

a chiA, BATA R he H te

STATE v. THOMAS Ariz. 409
Cite as 275 P.2d 408

events leading up to offense and that coun-
sel had doubts as to defendant’s sanity was
not, where unsupported by other evidence,
sufficient ground to require trial court to
institute proceeding to determine. defend-
ant’s sanity, and denying of motion for
institution of such proceeding was not error,
notwithstanding that trial court had not
seen defendant. Rules of Criminal Proce-
dure, rule 304, A.C.A.1939, § 44-1701.

4. Criminal Law 121, 1150

Whether an application for change of
venue because defendant cannot obtain a
fair and impartial trial should be granted
is largely a matter of discretion which will
not be disturbed on appeal unless it clearly
appears that discretion was abused.

5. Criminal Law €=144

A trial judge may, after denying a mo-
tion for change of venue, reverse his rul-
ing at any stage of the proceedings prior
to actual selection and swearing of jury,
if he discerns that prejudiced individuals
are attempting to qualify as jurors to pre-
clusion of reasonably securing a fair and
impartial jury.

6. Criminal Law @=121

Denial of change of venue was within
trial court’s discretion and did not deprive
defendant of a fair and impartial trial.

7. Jury ©=84
Statutes €>147

The adoption of the Rules of Criminal
Procedure did not repeal statute permitting
state to challenge jurors, in capital cases,
for conscientious objections to imposition
of death penalty, and the statute was op-
erative, even though not carried forward
by compiler into 1939 code. Rules of Crim-
inal Procedure, rule 274, A.C.A.1939, § 44-
1313.

8. Jury €>132

The testimony of challenged jurors,
taken as a whole, justified trial court’s re-
fusal to sustain the challenges for preju-
dice.

9. Criminal Law @=26

“Corpus delicti” means that the specific
crime has actually been committed by some-
one; it has two elements, (1) that a certain

275 P.2d—26%

result has been produced, and (2) that some
person is criminally responsible for the act.
See publication Words and Phrases,
for other judicial constructions and defi-
nitions of “Corpus Delicti’”.

10. Criminal Law ©=26

The criminal agency of the person
charged with a-crime is not a necessary
element of corpus delicti.

11. Homicide 250
Evidence was sufficient to sustain con-
viction for murder.

12. Criminal Law €=665(1)

The application of the rule for exclu-
sion of witnesses is solely a matter of dis-
cretion.

13. Criminal Law €=665(2)

A complaining witness, a sheriff, or a
peace officer assisting the prosecutor in pre-
senting the case may be exempted from op-
eration of the rule for exclusion of witness-

es. A.C.A.1939, § 17-601.

14. Criminal Law ©>665(2)

Where prosecuting attorney was in a
body cast and lying unprotected, sheriff,
who was complaining witness, and under-
sheriff, who was an investigating officer
and custodian of exhibits, were properly
allowed to remain in courtroom, during
murder prosecution, after invocation of
rule for exclusion of witnesses, especially
where no prejudice resulted,

15. Witnesses €=214

For information acquired by. a physi-
cian to be privileged, it must have been ac-
quired under circumstances from which it
appears that the examination was intended
to be privileged, and when third persons
are casually present, their very presence
neutralizes the confidential character of the
interview, and the privilege does not attach.

16. Witnesses C214

Where sheriff and other officers were
present when physician was called to exam-
ine accused’s injuries, and information ac-
quired by physician in examination was
readily discernible to all present, physician’s
testimony describing the injuries was not
privileged. A.C.A.1939, § 44-2702.

ez Tay exkudee *yostq Sanugay *‘SVWOHL

=f
phy

QS6T-LZT=IT (*99 estTyoog) ds

caret a va cia ie

es ae

2 UONED Ba WP tRa ai 4 CEES SO

+ ;

410 Ariz.

17. Criminal Law €=394

That evidence was obtained by illegal
search and seizure does not affect its ad-
missibility.
18. Criminal Law €=394

Evidence obtained by illegal search and
seizure was admissible in murder prosecu-
tion, irrespective of the good faith of the
officer making the search.

19. Criminal Law ©=438

Photographs are admissible to aid jury
in fixing punishment, to show the wounds
which caused the death, or to corroborate
state’s theory of how and why murder was
committed.

20. Criminal Law €=438

In prosecution for murder, photograph
of upper portion of victim’s naked body was
admissible for purpose of showing wounds
which caused death and for showing identi-
ty of victim.

21. Criminal Law €=230

There is no such thing as an arraign-
ment in a preliminary hearing, since no plea
of guilty or not guilty is required.

22. Criminal Law €=519(5)

Accused’s statement at preliminary
hearing, that he was guilty, was not a plea,
and was admissible as a judicial confession.
Rules of Criminal Procedure, rule 39,
A.C.A.1939, § 44-302.

23. Criminal Law €=406(4), 519(5)

Any statements made by defendant
prior to trial, having effect of an admission
connecting him with the act, or a confes-
sion of the crime, whether judicial or ex-
trajudicial, if voluntarily made, may be used
by state in evidence as part of original case
upon trial for offense charged.

24, Criminal Law €=532, 1153(6) |

Upon objection to admission of con-
fession of murder, trial court had duty to in-
vestigate circumstances under which con-
fession was made, and to hear testimony,
and thereupon determine whether evidence
was extorted or free and voluntary, and
trial court’s decision will be respected by
reviewing court, unless it clearly shows that
it was made in disregard of the facts.

275 PACIFIC REPORTER, 2d SERIES

25. Criminal Law ©=519(5)

Defendant’s admission of guilt which
was made in open court and under statu-
tory safeguards attending preliminary hear-
ing was not affected. by fact that extrajudi-
cial confessions which were made after pre-
liminary hearing were so tainted by abuse
of accused before hearing as to be involun-
tary, and, under circumstances, confession
was admissible.

26. Criminal Law @=713
Attorneys are given wide latitude in
their arguments to the jury.

27. Criminal Law ¢=720(5), 1171(3)
Prosecutor’s statement, in murder case,
that testimony of patrolman, who had testi-
fied adversely to sheriff, might have been
made to discredit sheriff because patrolman

-might want to run for that office, was not

prejudicial or improper.

“28. Criminal Law @=730(1)

Ordinarily, but not always, the trial
court’s instruction to disregard an objec-
tionable comment cures the error.

29. Criminal Law €=730(7)

Where there was no evidence in mur-
der prosecution that any rape had been
committed or attempted, jury after trial
court’s admonition could not be swayed by
prosecutor’s reference to rape as a possible
reason for crime, and the statement was
not so inflammatory or prejudicial as to
require grant of new trial, especially in
view of evidence against defendant.

W. Edward Morgan, Tucson, Hayzel B.
Daniels, Phoenix, and I, B. Tomlinson, Bis-
bee, for appellant.

Ross F. Jones, Atty. Gen., William T.
Birmingham, Asst. to the Atty. Gen., and
W. E. Polley, County Atty., Cochise Coun-
ty, Bisbee, for appellee.

UDALL, Justice.

Arthur Thomas, defendant-appellant
herein, was convicted of the murder of one
Janie Miskovich and the death penalty was
imposed. He has appealed from the judg-
ment and the order denying his motion for
a new trial contending that the proceedings

RUE es SoBe ranges

STATE v. THOMAS Ariz. 411
Cite as 275 P.2d 408

were not fair and impartial nor in accord-
ance with law.

Before setting forth the pertinent facts
adduced at the trial we shall consider sever-
al preliminary matters which the defendant
assigns as error.

Motion for Continuance

On April 17, 1953 (all of the events here-
in mentioned occurred during the year 1953)
the case was set for trial on June Ist. On
that date, with a large panel of jurors pres-
ent and with witnesses who had been sub-
poenaed from distant points in attendance,
the defendant made an oral motion for a
continuance in order that a sanity hearing
might be held. The court’s denial of this
motion is assigned as error.

In support of his motion counsel stated to
the court that defendant within the past 48
hours had informed him that he was unable
to remember any of the events leading up to
or concerning the commission of the offense
charged, and this caused counsel to have se-
tious doubts as to his client’s sanity. It was
requested that the court appoint two experts
to examine the defendant as to his present
mental condition.

[1,2] There are two ways in which the
sanity of a defendant in a criminal case may
be brought in question. If the defendant
was allegedly insane at the time of the com-
mission of the offense, this issue may be lit-
igated as defensive matter by complying
with the provisions of Rule 233, Rules Cr.
Proc. (now appearing as. Sec. 44-1031, A.C.
A.1939). If the defendant is allegedly in-

‘sane at the time of trial, and hence under

the common law not triable during the peri-
od of insanity, the issue is raised by the
method prescribed by Rule 304, Rules Cr.
Proc, (Sec. 44-1701, A.C.A.1939) :

“* * * Jf before or during the
trial the court has reasonable ground to
believe that the defendant * * * is
insane, or mentally defective, to the
extent that he is unable to understand
the proceedings against him or to assist
in his defense, the court shall immedi-
ately fix a time for a hearing to deter-
mine the defendant’s mental condition.
The court may appoint two (2) disin-

terested qualified experts to examine
the defendant with regard to his pres-
ent mental condition and to testify at
the hearing. * -* *”

[3] Counsel’s statement to the court,
unsupported by other evidence, was not
such reasonable grounds as to require the
court to believe the defendant insane and
that proceedings under this statute should
be instituted. Counsel argues that the trial
judge as yet had not seen the defendant, and
hence his action in denying the motion was
arbitrary and deprived him of a fair trial.

The case of Fralick v. State, 25 Ariz. 4,
212 P. 377, so strongly relicd upon by de-
fendant, is readily distinguishable. We
there reversed the trial ‘court’s refusal, on
motion timely made, to submit to the jury,
pursuant to statutory provisions then in
force, 1913 P.C. §§ 1264-1269, the issue of
defendant’s present mental condition, where
the request was supported by affidavits of
defendant’s mother, brother-in-law, and
family doctor. In the instant case no sup-
porting evidence was submitted nor was the
issue again raised. During the long drawn
out trial (16 days) the court had ample op-
portunity to observe the defendant and, had
this conscientious judge thought there was
reasonable ground for such action, undoubt-
edly he would have stopped the proceedings
and ordered the requested hearing. On this
record we hold there was no abuse of dis-
cretion in denying the motion,

Change of Venue

It is urged that the action of the trial
court in denying defendant’s motion for
change of venue deprived him of a fair and
impartial trial. Counsel contends that on
account of the publicity the case had re-
ceived the feelings of the people of the
county were aroused and because defendant
was a Negro and the decedent was a white
woman such strong prejudice existed that
an impartial jury could not be obtained. In
support of this contention defendant had
previously filed his affidavit and that .of one
of his attorneys. When the motion was ar-
gued on the day the trial commenced, 18
additional affidavits, all obtained from the
town of Douglas and 90% signed by Ne-

s Cas

ole

THQ]

Royal Father

Fortune

{Tl
0

Two. girls
grocery store
one fourth of a $1

ron

nke Albrecht von Hapshurg-Lorhringen

rown

id i
good
from

brney
|

erine

an
that
nas

clerk

nffice

Lidia
with
Aires

‘ann

cle

In Austria

rls Heirs

have been named heirs
million estate

said yesterday they are the

said. and the mother and her
daughters settled in San Fran
archduke took
the name Alherto Conde Sirana
and moved to Latin America

cisco, while the

(is a student at the
Convent of the Sacred Heart
in San. Francisco and Sarolta
a freshman at San Diego,
Calip., College for Women.

h4ima

They are. to get Vilburg
cantie near Vienna and = one
quarter of the family estate,
12.000 acres of farmland

5 Policemen
ie In Cuba

nMAVANA (UPI) — Unidentified

_ {gunmen shot and killed five police-

jmen last night as they were walk-
jing down the steps of a police sta-
jtion. At least 53 have been killed
in both sides in the latest fighting
between Cuban government forces,
and adherents of Rebel Leader Fi-
del Castro.

Seven other policemen were
~ |wounded in the atfack in suburban

whose home is a modest

S, Arthur,

— \\ Ae

ck o> 8
JD

Thomas

Execution |
Drawn Out

By JACK KARIF

FLORENCE —Arthut
Thomas, powerfully built
jcotton-picker, went to a

|drawn out death in the state!
prison gas chamber yester
day without changing his
jclaim of innocence,

Thomas, who obtained his
sixth grade education in his
jnative Waco, Tex., died for
{the 1953 murder in Cochise County
jof a woman storekeeper. |

| It took 5 minutes 5 seconds for!
ithe deadiv cyanide gan to write
ifinis to an epic, five-year struggle)
by his court-appointed attorney to
save the burly farm worker's life

Witnesses watched in amaze
ment as the condemned man
futilely fought against the in- |
evitable end. Thomas strained |
pulging muscles against straps |

which bound him to the seet im |

he steel-and-glase-e ac losed

‘hamber. |

As a» thin wisp of the gas |
iwirled about his head, he
braced his body almost into a
standing position. At last, he
slumped motioniess.

Dr. F, L. Heap, prison physi
cian, said Thomas was uncons-
cious while he seemingly fought’
for life.

As the doctor listened by stetho-
scope tn the fading heartheats, a

in Latin for the dying man,

execution were silent as
waited for a signal from Dr. rnp
|that Thomas was head.

did not witness Thomas's death

He hurried from the gas cham
jber seconds after pulling @ lever

* jat exactly 5 am. which released!
29 cyanide pellets into a container |

lof sulphurie acid beneath
\death chair.

the

posed as he eat rigidly awaiting
the clicking sound of the pellets
being released.

However, Dr. Heap said the
condemned man was shaking
uncontrollably as the stethoscope |
was fastened to his chest. }

| Thomas appeared to be com-

Prison officials sald it normal- |

ly takes about 2 minutes for the
deadly gas to do ite work.

Thomas was convicted five years
ago of stabbing to death Mra Janie

Hitching Post grocery,
south of Willeox on March 17, 1953

THE ROBBERY -killing netted $5
from the till of the Kansas Settle
ment store.

15 miles}

Thomas never changed his story
that he was innocent of the killing
and that a companion actually
stabbed the woman and set fire to
lher bed in attempt to cover the)
crime.

But the convicted slayer seemed
to jose hope last month when the
companion voluntarily took a lie-

- _- a

}
|

Franciscan priest intoned prayers) ———

THE 29 official witnesses to the,
they}

Prison Warden Frank Fyman}

jwhile a twister chewed up build
lings at Elkader, lowa,

| season

|Wyoming and 16 inches in the Da-|
lheotas Close to 100 schools were howling wind storms

Miskovich, @ widow storekeeper at| States let

Kills Girl. 10

Boy’s Protective
Instinct Fatal

COLUMBUS, Ohio (AP)—Tragedy
an east side home here yesterday.

terrible and swift) @truck at

In its wake, a little girl lies dead, her head shattered by a shotgun
blast fired at nearly point blank range

And a dared little boy trembles in a strange detention home and

tries to fight back his tears
Bright

shooting

In his small anguished voice, Yvearold Bobhy related
to pohee the circumstances that led the tragic

Ann Green, his sister's 10-year-old girl friend

CAROL ARRIVED at the Bright home abet © 15

of Carol

am tA meet

Robby's mater, Barbara, 11. They planned to go to school together
Bobby's divorced father, Woodrow Bright and the boys two
older brothers, Paul, 18, and Franklin, 17. had all left for work

Bobby, Carol. Barbara, and Bobby's brother, Donald. §, were alone

| in the house.

The four youngsters were just finishing breakfast when they
heard @ noise upstairs

“Hh scared me.” said Robby, who went upstairs and. finding
nothing, came down again.

Still frightened, though, he went upstairs again and this time
Barbara and Carol followed him.

Carol and Barbara went into ene bedroom.

Bobby went inte another bedroom, and, «till edgy about the

adise, grabbed bis tather’s 20-gauge, bolt-action shotgun. He went
into a third bedroom and foand a shel! for the gun on a dresser

THEN HE went to the bedroom wheré the girls were, put a
shell in the gun and puted back the bolt. It was accidentally
discharged.

Carol, about 10 feet away and facing Robby
ed, the top of her head shattered

The force of the blast knocked Robby

Barbara called her father at work He came home carried Carol's
body te the kitchen table, and catied police

Police said later that the noise upstairs, the thing that started
the whole episode, was the sound of coat hangers falling
floor.

fell mortally wound

ta the fone

tn the

Blizzards, Tornadoes
Sweep West, Midwest

By UP INTERNATIONAL,

A mounting blizzard and a devastating wave of tornadoes swept

much of the nation’s West and midlands yesterday and last night
At lease six deaths were blamed on wind and snow
Tornadoes raged through Texas, Oklahoma. Missonri

lowa on the eastern edge of the snow front A total of ?

cities was hit elong a 250-mie
front in Texas and apie ne

Kansas an

low

| hiatory for ite intensety and earls

arrival

The blizrard was
race northward from

axpected t
THE SNOW storm, first of the
alfected a vast
from the Rockies to Kansas and.

central Ne

ce eastern and central Da

lfram the Dakotas to Mexico. Iti potas and the Red River Valles

jeft 20 inches of snow in southern!

A BARRAGE

of tornadoes

five

through
tn lowa

closed in Kansas

The onslaught eased in Western
e yesterday

Fornado alerts were post

ed an far north as an lowa-Hlino
stretching

Wisconsin area on ett

The (!S Weather Bureau saidier side of a line from Wo omile
the storm would prohably write|southeast of Burlington, Lowa. to
- | Milwaukee (Tornado meture
ar | Page 4)
A Prayer Yornads winds { ton
= mph tere throupt ' 1
i uJ jtowns of Joplin Smit e. Neve
f Today
I or oO ay ida. and ( tints j ornador
for wind storm hing }
LORD OF SAINTS of bygone wae. dani wary
days, make us saintly, too. Curb \Kan are
our wants of evil ways, guide us
| safely all life through! Let the AT LEAST eins rahi
saints of present days all be jand Okiahoma were hil two per
brothers true. Weeping now for {sons were Killed: ead nM ae,
sad delays, bring us all at last to |were injured The tornadoes

Pe hee For onton

hyx. Ariz. (Cochise) 11-17-1958.

Hunt Will

Resume

nis and nom

region ibraska and spread through most

and
swept

states from ‘Tewas

At Dawn

Ry HUGH HARELSON

WORRTED se
terday fatled
Bay Scouts

food since Saturday night ain

mohers yes.
find
mis 1)

ts) three

pe without

the snow covered wilds of
the Santa Rita’ Mountains,
{mites south of bucson,

Desperate air and pround
earch, over an. aren of 4
Square miles dt no wturnup
A ofravre of 1” ren OUuNgsters,
who were beleced ta he hiking te
a cabin near the top ot Mount
Rald vhen 4 snowstorm struck
saturday miphet

A cearch part ast noph! neared
he top of 9 1 foe Bald highest
peak oi othe Santa. Ritas The
gratip, bebeved to onelude three
men planned toe stay overnight
and continue the hunt through the
rugged frozen country at day-
break this morning, concentrating

on isolated cabins

Other person reported missing
during the weekend storm, were

apparently all sate yesterday.
’

Sub-rero temperatures were
forecast in. the Santa Rita
Mountains for last night, de

creasing hopes for the hoya’ safe
tv. The three scouts reportedly
had only matches and a flash.
light with them when they sepa-
rated three companions
about Saturday in Mad-
era Canyon.

from
Spm.

movement iq

Ayr sear hee yvesterd
wKS

report
ia) poof tr or
he «now

g"' Rex
LHM of

| There

Pheine

wagq pst nothin
W
over that
1 canldn't
a
the area

radio amate

said We went

Mesa
ia ea for five hours an
Phelps

flown

lind a thing ®
ot, had

Nany

veteran
over

times in the nact

missing boys, who were
sarm jackets when they
Mike Farlv. 16,
Michael La-
12,
two

'
Paring
ppeared. are
1 High student
eM and Day
homed Troop

wee aye

d Greenberg

only

LEAST 4 me

fathers of twa

i} neluding

of the hovse—were
search party

nowdrifts

yves-

ora §nowe

et € rg lispatcned food
Luxige
he search

the ‘ e Santa Rita

a‘

for
from
Base

the
( planes also

vere ind of

ihe area
ve Tait \ feieopter
oree

wf oOoVver

out

Phelps aS weil

searchers

as other
was directed by a
tireless ham network, which had
maintained an around the clock
Communications into the area
since the start of the search late
Sunday morning

The aircrait scoured the moun

tainsides, sometimes at mear
‘ g st e

Ws tained o@

, lopeful , by her phone last

aight said the boys did not

pre

reepwrn ten

Call

! umed

saturday ' ,
emperatures aturday and were

safe
Yoseme

. thes

Concerned-overm a storm in luca

son Saturday maght, boar left for

Madera Cuan

Tico Perish |,

In fectdents °

mf
| there |

Orr

Hle was st t miphe

poten Maoh '
pom! vino fae
lle

Its hopeless

over the phone

s near the break
oly .
“ Ver —

ny said bast

to think

area where

night re beponning

talked

trving to keep him

yo Aryronace

have been lost

lve him

h
da tratfie
death 416
enmpared to JS) at this trme last
year.

NWway &
bringeng oth

toll for

were opeport Vetere simoe Nat {ay

e stare

IN| PHOENIX

temperatiur

from falling into absolute despair

and

were

the \ear to the Valley

es expected to

“MIKE

know
h gh

A 1s Our only son vou
reach Dodou coolest

a
trees al the air

, in the
Areas thes om we
The latest victims were Frank pred ted at 60 de

Ponte

tanda Pelma

with
Among the searchers were dep
P
military

ve oT fal } ry ne t f
! and Lo pert ufties from maoand Pinal Coun
- ‘ylas. killed thes
/ONA

n imber

said

and a
Pinal

horse.

personnel
in separate acc Ary
Cty CIVILANS [he

when os

on
mounted on

died

Pintor tray onipht 'e

deputies
hack

horse useleee

in thet

the car in ho he ow relight but the deep snow made

ran through a stop sign and struck
LJ

“s ures contin

1 to peer
Tuesory |
The Highway Patrol
m roads cleat
tate beat

re ocha

tree on

George Whitne emer pene
i d } { reported oer enn Waal re
njurec the lent

Vinacio ¢
Mand bra

mM Tucson

in ordinator

wae 4

ace were 4 said the

Red Cross had heen overwhelmed
He

fog the hunt

at all

throughout
N\tike

Valensue

advised motorists to
. with olunteer ' a t
7a in “Wie weseneaan t volunteers quoted the

Red Crose as saying they did not

need any more help

pareag where toe atill requires “ex
Mise Delma war a passenger in [heme caution
fe ocar driven by

also of Rylas

spl .
Angelita ie anche

hiked
on
4

Juan | WEATHER in ' The voung Party boy
The Arivona High dn

Patrol reported the car WAS inact

hureag
Arir

af tree fee

reports

ated that na hae seen the Plorer Scout and has the

Hogh
hut cold weather

“
a@tra

Madera Cansvon ar

according toy

' aychy le several!
k head-on Sunelas

night about
S 70
acar driven by Rosco Gosevun
of Bylas The patrol said the Pls
car crossed the center epee
jine ypowhile Treason’ ¢ low
At f
re predicted at sheriffs office

times mether

clouds and fat

39 miles eaat of Globe on |
al

are pores ted towhay

Some marooned

a at

persone
taff temperatures ceached Mount Lemmon Saturday night by

Toeson'’s worst: snowetorm
torv

Goseyun thove vero yesterday in his

Wane were all accounted for and

eprers agatafftn ‘reported safe yesterday by the

hacehy
‘

Yh fy

and at Tucson @ high

TWO PHOFNIX 9
lost over the weekend
readings skyrocketed |ev. 3 31S Elwood
and the Vallev with: Rhoden 28 of 2752
cent Prediction for to reported safe

cent

eno reparted

of Sk
Rob Schoo
and Jim R

Polk were

Lark Low

In Proenry F
an &a vesterday

day i

ner

Car Bidder

A Studebaker. Packard dealer
nliering the smaller Lark
mw bidder vesterday on bua.
s coupes and four-door sedans
ight by the city,

Schooley, lost east of Camp
Verde, wae found by a) ground
party Rhoden was picked up by
a Luke Air Force Rase heli
f

new

wis More About dons

ne
”

th mites scomthweet of Mfarmon

Mountain near Flagstaff

Chuyv Lucero Cottanwnad mice
ling

jself

Execution

The Coty of Phoenix has no Stu
debaker since vesterday found him
Deputies reported he wan-
Idered into a cabin near MeGuire
ville, in Verde Valley, and
phoned depuces to pick him up

automohiles,

Packard Studehaker Phoenix (Continued from Page 1)
Motor Co
husiness

de
ond lowest

offered 140 six-eviinder
coupes for $27.16. un
renting Madison Motore ger
by about $1,200 |

"4 ' ser
The same firm wae low on are

linder. four door sadans—five of
them for $8 402

dete tor teat whr h seemed to clear

him

Perhaps tun daren other per-
sons were reported enowed in by
the weather parta of the
state. but none were reported itn

any danger.

Thomae homveelf at that time re

after he had
nformed of ite result on the
nan

in take the tear

in other
heen

the:

y)
Motors

Madison Ford dealer | *ourt apnointed attorney, W
hid low at $34,595 to supply IF Pdward Morgan, Tucson, didn't
V-& police cars; two VR six-pas RIVE UP UNn! Sunday Five previous
senger station wagons for $4799 dates death had been set for
and one ninepassenger six-cylin. Thomas fach time, Morgan man-
der wagon for $2232, . aged through one legal maneuver

Of another to obtain a atay of exe

Town ; Piymouth!cution He took the case all the way
was low with its offering of twolto the US Supreme Court on two
aix-passenger, mx» cylinder Wag Loecasiong the last one resulting in

ons for $4,198, a denial ony Sunday might.

Dog's Barks |

Save Man |

HOUSTON, Tex (AP)—Taffy's
ja mutt and not much to look at

He's tailless
Thon so nearty blind
last nght, talking to the Rev. Carli own “seeing eve” dog. but yester
Metz, Lutheran minister from The-! ggy he was a hero
prisoner, un-

wit?

and Country

and

his

three-legged

, i
ag staved awake during his that he has

json and

re ° dentified,
Wins Divorce |

10S ANGELES (AP) —
ese Actress Miiko Taka won a
divorce by default yesterday from
Actor Dale Ishimoto She said he
made her angry by calling her aN} Ne rela
“unfit mother.” ae con elain
Ho hie favre a prison plot

oO another

Japanese Star

wonder ed

Mrs. Lamar Parish

when she
-d to make any special dog's excited barks in front of her
and dined house. Taffy can bark but he'd
prison fare He told Dr. never sounded off in such a high

{1 not want a sedative! keyed tone hetore
( She looked out and saw the

_ reads appeared animal standing beside the milk
ip man's truck The milkman was

iy Nowhere (0 be seen

the vear-old

heard
:)
He dec

reape { ie hast meal

Japan
fn renitine
Heap he d

for his (ast

his body

5 Bisplanruce,\W!

The reason for hi vlthe

er COX bo lin
ae,
Ling 24 # television viewing Walls
tine, Also, she cestified, he said
phe was @ bad cook,

Miss Taka, who played the lead-
(mg feminine role in the movie
“Sayonara,” was awarded $150 a

th alimony and support for| ROME (UPL)
eir son, 13, end daughter, ll. | 7... oa Jordan art
y were mareied in 144. =

and

shadow he Bat Taffy kept yelping and Mrs

closed

penitentiary

wee
Parish walked out to the

truck, Then she heard a voice

and
59

k door
ick
in the sub

Kirkpat
velling and

She opened the ba
A

Locked

‘Driver James Kirkpatr
| stumbled out

freezing
nek said he had been

Hussein's Mother

compartment

Arrives In Rome

wen Mother

beating on the door for 10 minutes

ed here ves

“Lady. I'm sure giad you were

home

terday train. fro {au
Switzer!
m Rome before returning to the

NICKEL USED IN TOOLS Jordanian capital of

SUDBURY, Ontario ~ Nickel) The of
mete) only Jn) Hussein. was accompamed by het

anne :
for a two-day. sta we pasped
ee

}

Valfy

Parishes’ |6-\ear-ald

who
Ammar

King neariv blind tha dnesn't

venture far from home unless ac-

daughter Basra and the latter's companied by Reber much

giecs, Alya. The group has been\ younger + ho belongs to the
@ Burpee vacanon. \ Parishes’ uaugiiter, Karen, 15

queen moter

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(32 PACIFIC -2nd- 337.)

SHAUGHNESSY, George J. 19-year-old white man, asphyxiated Arizona State Prison (Santa
Cruz County) on July 13, 193).

"State Prison, Florence, Arize, July 13, 193l-His lips moving in prayer as he clutched a
crucifix and a farewell telegram from his foster mother, George J, Shaughnessy, 19-year-old
killer-bandit from Albany, N, Y., was executed in the lethal gas chamber at dawn today.
"Shaughnessy, one year ago tomorrow, wantonly shot an automobile salesman, Lou Blankenship,

to death during a hold-up at Tucson, Since tkheh a long fight was made to save his life, his
foster mother, Mrs. George Shaughnessy, mortgaging her home in Albany to finance it.

"The gas was turned on at )):56 aem, (moutain standard time), Three minutes later he was
dead and the farewell message fluttered to the floor from his fingers, It read: 'I am
praying that God will have mercy on your soul, Goodbye, my boy, and God bless you,

(s) MOLHER,!

"The youth retained his composure to the end,

"A last request by Shaughnessy that he be buried in the Catholic cemetery at Casa Grande,
Ariz., was granted," TIMES-PICAYUNE, New Orleans, La., 7=Lh-193); Pe laavaad:

"George J, Shaughnessy was an 18-year-old hitch-hiker who shot and killed Tucson auto
dealer, Lou Blankenship (37) who was on his way home after visiting his brother in
Nogales, ‘The boy was the adopted son of Mrs, George J, Shaughnessy of Albany, N, Y., and
a fugitive from a New York reformatory, The boy said he intended only robbery and
apparently tried to send help to the man after he dumped him and took his car, The
adoptive mother tried to help the boy." Ltr, Dtd, 2-16-1982 from Alma Ready, Head of
Research, Pimeria Alta “istorical Society, P, 0, Box 2281, Nogales, Arizona 85621,

Iino a. Taker by prpfidicon (Mudows hp fe )

On Vacation
r, and Mrs. L. W. Freeman and
Ronald, : and. Mr. and Mrs.
‘we Prince have gone to Los
eles for a two-week visit with
ids and relatives. From there
will go to Salt Lake City for
her week.

Wilsons Hosts
r? al irs. H. A. Wilson were
sat ge Thursday night, en-

ining ax honor of R. A. Karr
he occasion of his birthday an-
rsary. The invited guests were
and Mrs. Jennings Johnson,
and Mra. L. A. Johnson, Mrs.
. Hopkins, Mr. and Mrs, C. L.

and Howard Johnson.

To Payson
. apd Mrs. J. A. Hamblin and
reo, are leaving today for Pay-
where Mrs. Hamblin and chil-
will spend the remainder of
sufamer. Tne doctor will re-
home‘this week-end.
Return From Utah
. and Mrs. Wesley Palmer re-
pd last night from Salt Lake
where they attended the wed-
of their daughter, Vera and
. Murphy, on July 9. The cere-
y was solemnized in the Salt
» City temple. The Palmers
been there the past two
8.
Picnic Supper

mpe Beach was the scene of a
¢ supper Thursday night, the
p including Miss Marian Jones,
‘Ruth Altman, Miss Gail De-
|. ‘Miss Leoia Stapley, Miss
lofte Webb, Billy Goodman,
Donaldson, Blaine Cummard,
) Ray and Hugh Johnson,
Leaving For Lakeside
Webb and children

s. '
Mis rian Jones are leaving
we d for Lakeside, where

plan to spend the remainder
@ summer. |

Entertains Gleaners
ss Bernadine Phelps, daughter
rand Mrs. W. O. Phelps, was
es to Gleaner Girls of Mesa
ward at a “friendship quilt-
party” Thureday night at her
» east of Mesa. More than
zen class members and Mrs.
hh Reed were present.

Phone 167 for Ice Service
TE CITY ICE CO,, MESA
(ady,)

GENERAL INSURANCE
l, Passey, Ph. 177-J. Mets. Bldg.

(adv,)

EE; with every 25e finger wave
vin 35c jar of Adele Millar

cream at the BETSY
et Paes: Shop, 202 E. ist
(adv.)

R. thalbust perme. call: Sirs.
vee 2 for $5. Ph, 92, Mesa,
(adyv.)

_| Winsor,

er and John I. Cooper.
Ice Cream Social
A benefit ice cream and cake s0-
cial will be held on the lawn at the
First Christian church Tuesday
night at 7 o’clock. Mra. W. H. Mil-
ler and Mrs. Marion McKinley are
in charge of arrangements. Serving
will begin at 7 o'clock. A program of
music and games will be arranged.
The affair is open Ao the public.

Postpone Club Meet
Tuesday Luncheon club members
will not meet the coming week as
announced. Due to the vacation sea-
son, regular meetings will not be

resumed until fall.

Mrs. Towner Honored :
Honoring Mrg. Della Towner on
her 83rd birthday, members of the
Christian Daughters gave her a
card and handkerchief shower and
presented her with a_ decorated
birthday cake. The group met at the

veal SV SPEER SER Abs WV”

quilting, with a covered dish lunch-
eon served at noon. During the af-
ternoon, Mrs. Orval Foster presided
at a missionary sessiom. Mrs. Price
Wickliffe, program chairman, led
the devotionals, with Mrs. Faye Hill
reading. the scripture lesson, “Our
Yesterdays” was the theme of the
program. Mrs. FE. W. Hudson re-
viewed the first chapter of the book
“Today's Youth: and Tomorrow’s
World.” Mrs. Paul V. McCaw read
an article on “The Church and Chil-
dren of the World,” and Mrs. Mar-
ion McKinley covered “Real Stew-
ardship in the Congo.” Mrs. T. R.
Gathright favored with a vocal solo,
“The Love of Christ Constraineth
Us.”

Mrs. Foster appointed
lowing committee heads: Mrs, D.
M. Hudson and Mrs, W. S. Austin,
quilting; Mrs. E. W. Hudson, sup-
pers; Mrs. William Goodwin, mu-
sic, and Mrs, Price Wickliffe, pub-
licity.

Refreshments were served by Mrs.
Scott and Mrs. George Goldman.
Present were the Mesdames G. R.
Finch, -Paul V. McCaw, James M,
Painter, F. A. Towner, Price Wick-
liffe, Faye Hill, R. U. Hamblen,
Nelle 8S. Spangler, Frank Hanna,
Marion McKinley, Mae udson,:
George Goldman, FE. W. Hudson, R.
L. Gililland, Orval Foster, W. H.
Miller, -Dan Hudson: also Duane
Scott, Lola Fay Scott, Norma Jean
and Bobbie McKinley, Marie Jean
and Charles Foster, ‘Thelma and
Eva Lorraine Gathright,
Phillips, Bob Gililland and C,-Filger,

the fol-

4
a

right.

Bride H ed

Honoring Mrs. |

home of Mrs. A. G. Seott for all-day’

Velma"
and the Rev. and Mrs, T. R. Gath-|

len Mines. .

hedrtbeat, Shaughnessy was escori-
ed into the death cell proper a few
minutes before 6 a. m.

The horde of witnesses already
had been permitted to clamber up
the steps of the new west entrance,
walk through the death cell and
down other steps into death row for
a final look at Shaughnessy and a
glimpse of Douglass, and then had
been excluded until preparations
in the gas chamber were in readi-
ness,

Shaughnessy Grins

Wearing a grin that belied any
fear of death, as jovial as though
he was. about to embark upon some
new game, Shaughnessy faced the
brightly-lighted gas chamber and
stood quietly while his hands and
arms were strapped tightly to his
sides.

Father Murphy stepped forward;
mumbled a few words, and Shaugh-
nessy began haltingly at first and
then more certain of himself:

“Oh my Jesus, | implore,
That I -may love thee more

‘and more......”

The prayer went on for a full
half minute while a little group of
prison officers and state and coun-
ty officials stood with heads bared.
Blithely, the youth stepped into
the gas chamber after a farewell
and a word of thanks to Warden
A. G. Walker for kind treatment.
Swiftly, skillfully, stethescopes
were adjusted, A guard slipped a
white gauze bandage over the boy’s
eyes. Fathér Murphy, the Rev. 8.
B, Hannah, prison chaplain, and
the Rev. Baail Delgado atepped for-
ward to murmur at his ear final
words of encouragement. ,.. or an-
other prayer.

The heavy door slammed shut.
Witnesses poured into the room
and rushed up, to the broad wind-
ow of the gas chamber. -

‘From behind a curtain. a string
was clipped and a sack of deadly
pellets dropped into a bucket of
chemicals in the airtigtht box. Hy-
drocyanic gas rolled upward,
Shaughnessy Iped. His head
dropped forwa
the time of death at eight and one-
helf minutes.

So Arizona exacted atonement for
the murder of Lon Blankenship,
Tucson | automoblie dealer, sia n
when he resisted Shaughnessy’s at-
tempt to rob him after he had given
the hitch-hiking youth a ride across
the desert on a secre summer af-
ternoon. |

NEVADA XECUTES ONE

who before her ma this m
was Miss Sadie Alexander, are
R. Brown ente prerttlt:-&
party Thuraday aft m

were enjoyed by

also wrote recipes a
guest. Mrs, Alvin
ing.
white were served

one present were
w. a R. Ty’

Harris,

Physicians set|@

soepital, July 13
CONLEY—Rern to Mer
Lew. Copley, “10 Rucke

daughter, in St. Joseph
July 13. |

GUTIERREZ -~ Korn tv
Mra. SS. Gutierrez, Se
Glendale avenues, ae
Joseph's hospital, July |

DRIGGS—Rorn to Mr
D. H. Driggs, 2217 No
street, a son, in Good
hospital, July 13. -

caper messi esearos De

WEATHER CONDIT!
At Pheeni«

Flying meteorological date
the Phoenix weather bureau
airport acrological system at 1
night:

Flying conditions excellent
ceiling, visibility unlimited; e«
westerly winds from eurfec
feet: light to gentie vartabie
12.000 to 20,000 feet; Bay |

Phoenix Sky Harbor ace
parture report:
AMERICAN AIRL INKA
Kastheund
From lon Anweles, arrived |
departed for Fort Werth
pointe 11:29 p. mj pilot
Russell Arden.
. Weathbeund |
From Fort Wofth and easter
rived @:°92 a. mj deper
Angeles @:17 a. m.j asa
Thurman WHbanks.
Clesing Airmall
Mati for weetbeand ——
posited at Luhre stat
b a. m.; for eastbound ple
Final clearance at male
all classee of mall. 10 ® mm
oO ee

Today’s Ré

yt - 215.4-+-KOY

MORNING
8:30—Morning devotional per

10:20—The fer @
AFTERNOON AND RV

12:40—''Pop’’ Sickle and the
6:06—Rosie Pond for the &
6:16—Haseball returns,
“7:30——The King’s men,
$:30—ilenn Grey and bis
sertincee

483.6—KTAR,

ner,

i ’
$:35-—Down Levers’
9:00-—Finaneial a
10:30-——National farm

NBC. a
11:36—Phoenix Ga
5 ad caet oboe

sa
a aiellaly 42g <2 Sta

3:00-——Al Pearce
6:30-—Goldman ba:
1 :00-—F

; i ¥
| bs
Punk Waiter $y a
3 a oat Se GN ee thas

— risen —- weet ge

HF
‘9

as BF at OS

“yf Stas Takes Forfeit For

Stowaway Youth)

INGMAN, July 18—This city

Germany __ [Neighbor

oe : ' 3 y r day when an 18-
[xp Salesman). y| merce FEAR REVOLT) ©
ce a a baie hee und from the Pacific coast, hae Ran
pi TATE PRISON, Florence, July 13 hee Tena hig we ae A BE ) t pele ‘
Thrilled by music; soothed by) and part -of another, uninvited cts. xplained At
the goxpel, 19-year-old George Jo-| but nevertheless a guest on the ‘ s ee
seph Shaughnessy of Albany, N.Y.) huge passenger’ airliner that Session Of bor’s yard.1
marched bravely into Arizona's NeW! coyid net abandon him until it x ae
execution chamber at dawn today,| preached a echeduled stop. . sage eae

whiffed a breath of deadly gas, and
forfeited his life in atonement for
the brutal killing of an automoblie
salessnan who @ year ago befriended

“{ just walked Inte the air-

plane at the Giendale airport Reichstag buried in the

and sat down,” he said. “No- ERLIN, July 13.—Adolf Hitler| bors baseme
body asked any qreaners until B with a touch of dramatic de-| The carc

h he hitch-hiked across the
ener UbGee a burning sun. i gS a Pg i onl he j|fiance defended before the world) was found
Fearless, seemingly. even at wae bound tor renns vania via |tonight his ruthless cou of ac- bor’
: Kansas City, but declined to jtion which he said cost 77 lives melgnhors 9

death's door, Sha ghnessy died with
a prayer on his lips, a grim smile
on his face, and the hope in his
heart that other boys will profit
by his misfortune.

“Rometimes 1 think perhaps that
God picked me out to make the
mistake so other kids like me could
profit by my sacrifice,” he told a

give his name. «|in. Germany to suppress a revolt Albert Ru
Art Burns, pilot of the air- that would have Pkilled tens of|the father ©

liner, gave the youth a dollar | thousands.

and advised him that stowing TUE a0 Meint teretin, exeited| SO"

away on an airplane was haz- Storm Troop leader, he said, forced the slaying,

ardous if the pilot should decide |him to “act with the speed o nounced...

to toss him off between stops. lightning”, in the early morn He said h
But walking, or even hitch- {hours of June 30 when “mutineers”| cause there

hiking, ip going to be might

newspaper reporter a few hours # going ® y were shot summarily by fi e. Whe
hefore death, “Rut if they don’t slow traveling after that plane squads. : pein for it,
hear my warning,” he added quick- hop, the boy insisted before Assumes Responsibili “Do
ly, “they'll be here just like I am.” heading eastward on foot. “In this hour I was responsible|| The susp

Slayings

tion,” Hitler declared. ured Elaine

her with a
swer) her clothing

Crowd Watches. Execution
More than a half hundred curious

SS G r
persons, including a handful of 7
newspapermen, overcrowded the WO

to the question ag to

torrid death cell to peer through not “invoke an ofdinary gourse of| “J don’t
the glass pane of the gas chamber action.” | vu allegedly
‘and watch the execution. ° he continued,| haywire.”
Among them was Glenn Blanken- ar e 1ée f the German| For hours
ship, Santa Cruz county cattle man, 24 hours was| charge. B

a brother of the man Shaughnessy ficers whe

dex, were executed at dawn a week
ago for the murder of Charles
Washburn, @ged prospector.

Henceforth, however, executiqns
will be held at 12:90 or 1 o'clock in
the morning of the day on which
they are scheduled, instead of wait-
ing through the Jong hours of dark-
ness for the dawn, prison officials
anngunced today.

It was another fellow condemned,
Louis S. Douglass, convicted mur-
derer of another prospector, who
plaved Shaughnessy’s swan song—
popular tunes on an accordion.

“ Victim Sines, Dances

The merriment of the musical
fiesta lasted through the night and
early morning, punctuated by songs
and ‘dances by Shaughnessy, and
thes drinking of soda pep brought

clock this morning in St. An-
_thony’s church at Casa Grande and,
in accordance with his last wish,
Rhafghnessy was buried in a Cath-
olic cemetery. None of his rela-
tives were in Arizona, and he bade

administered the last , sacrament
and aided Shaughnessy repeat two
prayers almost at the very or to
the gas chamber, also con
the funeral rites,

Barefoot, stripped of clothing’ 6x-
eept for his “shorts,” his chest

(Continued On Page 6, Sec. 2)

CLEVELAND, ly
Gunfire cracked ro
of demonstratorg in’
poor relief sta

killing two person
three others in a/bl
utes, ~

No sooner had the riot subside
than minor disturbances broke |
in four other relief stations scat-
tered throughout the city. Th
were broken up without casu
but all police were ordered to
main on duty until f ne
Sev persons were

crowd, and saw a 601
afoot to harass relief @

Crowd Complain
Trouble began in midaft
the offices of the Cuyahos
relief administration on

warned the crowd to remain or-
derly, He asked the complaining
50 or more to leave. ebony ee
ed out, and the the
officer to clear the room.
He called for a riot squad-—the
usual procedure when relief crowds
get out of hand-—and_

Kissling and James

— attain

}man respondsd

a ie EE ated "ee litte, Mateeae , a, ee

Three Others. ston

hoon at]

Sat aot (oe

tion ever since he came to

into the stuffy death house by sym- Police said ‘ey ep ott
pathetic friends. members of ‘the Council since ampli
Funeral services were held at 8/Unemployed in the. dow. amps

«them farewell in letters. ; é . 7 pow

The Rev, Patrick Murphy of Casa Ptedg etn ss genes wae the oan: in January, 1933, freely admitt
Grande, who was at the youth’S| ,ratively small quarters. economic problems are giving
side through the long night, who Thomas Gibbons, patrolman, appreh pO os

¢ first accounting
the nation since
ithe others accused of
killed,

Killed. ° bd

It was the third lethal gas exe- panne Perog®
cution within a week. Shaugh- a 10n 10 with th fo
nessy’s two lest friends, 18 and 19- ) * Elaine
year-old Manuel and Fred Hernan- Decker, als

the Watson
rabbit whic

458 Ariz,

order to ascertain what these two new wit-
nesses knew about the case. The court,
on its own motion, offered to recess the
trial until defendant could inform himself
as to what said witnesses would testify to.
The defendant declined to accept the offer.
Weg, therefore, see no merit to the assign-
ment set forth by defendant on this sub-
ject.

[2] Neither do we find any merit to
defendant’s second assignment of error. It
is the general rule that evidence of other
crimes is inadmissible to prove the specific
crime charged, but there are exceptions to
the rule that are equally as well settled as
the rule itself,

From 20 Am.Jur., Evidence, Section oie,
under the heading of “Identification of Ac-
cused by Proof of Other Crimes”, we quote:

“The general rule that evidence of sepa-
rate and independent crimes is inadmissible
to prove the guilt of a person upon trial
for a criminal offense is subject to a well-
defined exception with respect to proof
of the identity of the accused. The broad
rule is that where evidence tends to aid in
identifying the accused as the person who
committed the particular crime under inves-
tigation, it is admissible, in spite of the fact
that it tends to show that the accused is
guilty of other crimes for which he is not
on trial. This rule is applied in a wide
varicty of cases, such as arson, burglary,
homicide, larceny, liquor law violations,
robbery, and many other instances. * *”
See also 20 Am.Jur., Evidence, Section 310.

[3,4] This court said in Lawrence vy,
State, 29 Ariz, 247, 240 P. 863, 867:

“* * * It is, of course, the general
rule that no evidence can be introduced
against the defendant on trial for a spec-
ified offense of any other crime than that
charged in the information upon which he
is tried. Citations are unnecessary so far
as the general principle is concerned. It is
equally established, however, that there are
certain well-known exceptions to the rule.
In Crowell v. State, 15 Ariz. 66, 136 P. 279,
we discuss the general rule, and hold that
among these exceptions are:

““(1) Motive, e. g., the commission of
one crime to suppress evidence of another

: ’
crime.

211 PACIFIC REPORTER, 24 SERIES

““(3) The identity of the person charged
with the commission of the crime on trial,
e. g., that the defendant charged with mur-
der used stolen tools to enter house and
shot the victim with a pistol stolen from
another house. * * *’” See also State

v. Singleton, 66 Ariz. 49, 182 P.2d 920,

[5] The court’s instruction complained
of in this assignment of error appears to
have been requested by defendant and cer-
tainly he may not now be heard to question
its propricty. Sisson y. State, 16 Ariz. 170,
141 P. 713; Lee v. State, 27 Ariz, 52; 229
P. 939; Loveland v. Stete, 53 Ariz. Ei,
86 P.2d 942,

[6,7] Defendant’s third and fourth as-
signments of error are based upon the fol-
lowing language of counsel for the state
in his closing argument to the jury, “and
the defendant Serna sits right over there
and has not only shown no acknowledg-
ment of what has happened, he has not
even shown a minute’s remorse in two
days.” Defendant claims this is a com-
ment on defendant’s failure to take the
witness stand in his own behalf. Section
44-2704, A.C.A.1939, provides:

“Defendant as a witniess—May not com-
ment on his failure to testify—A defend-
ant in a criminal action or proceeding can
not be compelled to be a witness against
himself, put may be a witness in his own
behalf; but if he offers himself as a wit-
ness in his own behalf, he may be cross-
examined to the same extent and subject to
the same rules as any other witness. [is
neglect or refusal to be a witness in his own
behalf can not in any manner prejudice
him, nor 'e used against him on the trial
Or proceguings.”

Under t't’s statute comments may not be
made upc: failure of defendant to take wit-
ness stan and if this comment is so con-
strued it .s reversible error, but we do not
believe t-« ianguage complained of can be
fairly sa to amount to a comment pro-
hibited by the statute.

The defendant's fifth assignment. of
error goes to the instruction given by the
court in defining first degree murder, and
in particular the deliberation and premedi-
tation the: is required. Defendant. chal-

lenges a: .nstruction which is the stock

aA BS, se

STATE y.

Cite as 21
instruction of superior courts of this state
on the subject of murder, a portion of same
being,

“The unlawful killing if any must be ac-
complished with a deliberate and clear in-
tention to take life in order to constitute
murder of the first degree, except when
committed in the attempt to perpetrate, or
in the perpetration of arson, rape, robbery,
burglary or mayhem, as herein instructed.
The intention to kill must be the result of
deliberate premeditation, There need, how-
ever, be no appreciable space of time be-
tween the intention to kill unlawfully and
the act of killing, * * *»

Defendant contends that in view of the
decision of this court in the case of Moore
v. State, 65 Ariz. 70, 174 P24 282, in the
instant case the court failed to properly de-
fine deliberation and premeditation in giy-
ing its instruction on first degree murder
wherein it quoted from a case of the
People y, Bender, 27 Cal.2d 164, 163
P.2d 8.

We first call attention to the fact that
when the trial court finished giving the in-
structions it stated; “Are there any addi-
tions or omissions?” to which the state’s
attorney replied, “No, Your Honor.” Mr,
Riggs (attorney for defendant) replied:
“You probably did read it, but I missed
this No. 10.” The court then proceeded to
read what Mr. Riggs designated as No. 10,
after first saying, however, “I read it.”

[8] The main question for us to deter-
mine at this time is whether or not the in-
Struction given on “premeditation” and
“deliberation” could have in any way
Prejudiced this defendant. This was a case
of murder in the commission of a robbery.
The evidence showed that the camera, wal-
let and car in the defendant’s possession
when he was captured were the Property of
deceased. Every clement of the crime
went to show that robbery was the purpose
of the commission of this offense. Under
the circumstances the jury did not need to
consider the clement of deliberation and
premeditation in arriving at a verdict, as
Siven, of murder of the first degree. 26

SERNA Ariz. 459
1 P.2d 455

Am.Jur., Homicide, Sec, 277; State v.
King, 24 Utah 482, 68 P. 418, 91 Am.St.
Rep. 808; Burgunder y, State, 55 Ariz,
411, 103 P.2d 256,

The rule is Succinetly put in the Utah
case of State y. King, supra [24 Utah 482,
68 P. 420], where it is said:

ots hy Phe attempt to perpetrate the

crime of robbery, or any other felony
named in the statute, during which a homi-
cide is committed, takes the place of and
amounts to the legal equivalent of such de-
liberation, premeditation, and design, which
were otherwise necessary attributes of
murder in the first degree, * * *»

From all of the evidence adduced there
could have been no other reasonable theory
advanced for the killing of Mrs. Gohn than
that of the commission of the crime of rob-
bery. The defendant had attemped to pur-
chase a race horse from Mr. Morrison at
Apache Junction. Te then went to his
employer at the Superstition Service Sta-
tion and attempted to borrow money.
Then finally he was found in possession of
the camera, wallet and car of Mrs. Gohn,
and all circumstances tended to prove that
he had killed her and the evidence showed,
as the facts heretofore have stated, that
the bullet out of his weapon, a 38 revolver,
was the kind that was found in the body of
Mrs. Gohn. Under these circumstances we
Sce no merit to defendant’s fifth assign-
ment of error.

Our disposition of the Previous assign-
ments of error disposes of the assignment
of error complaining of the court’s ruling
in denying defendant’s motion for a new
trial.

We have carefully reviewed the evidence
and the case as a whole, and find no error
committed in the trial of the cause that was
prejudicial to the rights of this defendant.
He was ably represented and had a fair-and
impartial trial.

Judgment is affirmed.

LA PRADE, C. J., and UDALL,
PHELPS and DE CONCINI, JJ., concur.

ring,

(Continued from page 11)

Douglas,” Miller began. “We talked to
everybody down there who has ever been
near a horse. None of them ever heard of
this fellow. I got a picture made of the
body and we showed that around, too.
Talked to Bob Green. He has a string of
bucking horses that he takes around to
these small rodeos. He knew some of the
fellows on that list. He said it wasn’t any
of them. I’ve got the ones marked here.”

Pruitt produced his own list, compared
it with Miller’s and crossed out two of
his remaining five. He explained what he
had learned in Tucson. ‘We've just got
three left,” he said. “I’m going to wire the
Turtles. We'll get the addresses of these
boys and check them out mighty fast.”

The Turtles is an international associa-
tion of rodeo performers and cowboys,
sometimes called a horseback union.

Pruitt sent his wire and in three hours
had an answer signed by the secretary of
the association, giving the home addresses
of the three cowboys about whom Pruitt
had queried.

Two of them had lsted Salinas, Califor-
nia, as their home, and the third came from
Hot Springs, New Mexico.

Pruitt wired the Sheriff at Salinas and
the constable at Hot Springs, requesting
descriptions and, if possible, the present
whereabouts of the cowboys.

On Tuesday morning, he received his
first answer from the Sheriff at Salinas. One
of the men he had asked about was a deputy
on the Sheriff’s force. The other ran a
horse ranch at Paicines, California. Neither
of the descriptions given tallied with that
of the dead man. Pruitt checked their names
off the list, and then he telephoned Chess
Miller in Douglas.

“You can scratch off Slocum and Woods,”
he said. “That makes it pretty certain our
dead cowboy is Everett Miller of Hot
Springs, New Mexico. Ties in, anyway, be-
cause Hot Springs isn’t too far from here.
Should have a reply from the constable
any minute now but I’m not going to wait
for it, Pack your clothes. I'll pick you
up in an hour and we'll see what we can
find out about Everett Miller. You might
bring his clothing and be sure to include
that picture.”

Pruitt and his deputy spent Wednesday

night in Deming, New Mexico. Thursday
morning they took a short cut through the
northeastern corner .of Luna County to
strike U. S. Highway 85 at the little town
of Rodney, fifty miles south of their desti-
nation.

They followed the Rio Grande River
north and the moisture-laden air blowing
down over Elephant Butte Reservoir was a
welcome change. They reached Hot Springs
in the north central section of Sierra County
shortly before noon. The county seat and
the Sheriff’s office were at Hillsboro. They
found the resident deputy, an aggressive
young Spanish-American, Juan Mirando.

“we're here about a murder case down
home,” Pruitt said, after introducing himself
and his partner.

The Sierra County deputy smiled. “I got
your telegram. I act as constable here too.
I know Everett Miller well.”

Pruitt produced the picture of the man
they had found in the dry wash. Mirando
looked at it and then swore in Spanish
under his breath.

“It’s Miller?”

“Death makes a great change, but it is
he,” replied Mirando, It was apparent he
was deeply stirred.

“What can you tell us about him?”

From Mirando and from other sources
later the officers were to learn considerable
about the murder victim, Everett Miller
had grown up near Hot Springs. The Sierra
County deputy remembered him as a sober-
eyed, modest youngster, a top hand with
horses and interested in little else.

Everett Bowman of Fort Thomas and
Safford, Arizona, king of the big time
rodeos, had been the youth’s idol.

When he was sixteen, Miller started on
the rodeo circuit. Big for his age, with an
easy manner and a shyness which endeared
him to crowds, Miller made all the one and
two-day shows, called locals, on the circuit.
At first he entered every event, bronc rid-
ing, team tying, calf roping, and bull dog-
ging. He won few prizes but gained a lot of
experience. He discovered the value of spe-
cializing. It was the firsts that counted,
not the seconds and thirds you picked up.
His idol, Bowman, was a bull dogger. Miller
turned to bronc riding.

He studied the style and showmanship of
such great riders as Burel Mulkey, Fritz
Traun, Paul Carney, John Jordon, and
Frank and Luther Finley.

Rodeo horses aren’t just unbroken ponies.
They are bloodthirsty outlaws gathered
from all over the West for thcir wildness
and meanness. You might say these outlaw
horses themselves are professionals.

In cowboy competition the bronc must
come out of the chute bucking or the rider
gets a “better mount.” The rider must keep ~

10
a.m. a.m.

E.W.T. C.W.T.

11.30 10.30
am. a.m.

M.W.T. P.W.T.

ty Mae SOY

EVERY MORNING, MONDAY THROUGH FRIDAY

A new and different story every day, from the lives of
real men and women, revealing their troubles, triumphs,
loves, adventures. If you like the stories in True Story
magazine, you'll enjoy these broadcasts.

ON ALL BLUE NETWORK STATIONS

See your newspaper for exact time and station

his free hand in the air and touch no part of
the bronc himself, or his saddle. A double,
overlaying halter is used, but no bit. He
couldn’t stop the horse if he wanted to. The
ride is made, not on his own, but ona “com-
mittee” saddle, and he is disqualified if he
wraps the single rein around his finger or if
he drops it. He must rake the mount on
both shoulders with blunt spurs every
jump for the first five.

Everett Miller learned something else
from the professionals that first year. He
saw the easy money spend itself, and he
saw the top stars of five years ago hanging
around the stables and feed pens looking
for a handout...

Miller saved his money. Like any other
_businessman he calculated his expenses and
decided that some of the smaller rodeos,
snubbed by the famous names, offered more
consistent employment and better pay fora
rider who was willing to work.

“He bought a ranch north of town,”
Mirando said, “but most of the time he was
away. This spring he sold out.”

“Where did he go?”

Mirando shrugged his shoulders. “That I
cannot tell you, but perhaps we can find out.
There is a girl here. I think he wrote to
her. Her folks live near his place.”

With Mirando serving as guide they drove
north to a point where the highway swings
in below the Elephant Butte dam. Here
their guide pointed to a dirt road, They
followed this for perhaps a mile to a shel-
tered spot where three ranchhouses were
huddled in the protection of a low butte.

“The girl's name is Lorraine Day. Her
father’s place is the nearest. The Watkins
live in the center and Miller’s is on the far
side.”

Lorraine Day, an attractive, pleasant girl
in her early twenties, verified Mirando’s
story. She and the cowboy star had been
on extremely friendly terms. They had
corresponded regularly. “Has something
happened to him?” she asked.

“Do you have any reason for that ques-
tion?” Pruitt wanted to know.

A shadow of doubt touched the girl's face.
“Nothing definite. He wrote me two weeks
ago that he was coming home. The people
who bought this place, well, I don’t know
exactly, but something went wrong. Either
they couldn’t pay or they changed their
minds. Everett wrote Mr. Free and asked
him to look after it. Last Sunday there
were some people at Everett’s place from
Arizona. Mr. Free saw them and told me
about it. They didn’t stay and it wasn’t
Everett himself. He would have stopped
here.” :

The girl spoke with confidence but Pruitt
decided she was upset over the possibility
that her boy friend might have returned
and gone again without stopping to say
hello.

“Where will we ‘find Free?”

“He works for the Watkins.”

“Where was Everett staying in Arizona?”

“At Douglas. Well, it was near Douglas,
I think, I addressed his letters to Double
Adobe, via Douglas. He was visiting some
old friends there. They used to live here.”

Pruitt nodded. “I see,” he commented.

“You haven't told me if anything has hap-
pened to Everett,” the girl said anxiously.

“T’m sorry to have to tell you,” the Sheriff
replied gently. “Everett Miller was mur-
dered last Saturday night. That is why
we are here.”

With a gasp, the girl turned and walked
a bit unsteadily towards the house.

“Let’s go talk to Free,” Pruitt said speak-
ing gruffly to hide the fact that the girl's
distress had upset him.

They found Free in the Watkins’ stable
doctoring a horse that had an injured leg.
He verified the girl’s story. He had noticed
a blue sedan with Arizona license plates in
front of the Everett Miller place on Sunday.
Two men had gone in and out of the house

ttt ~o en

several times, @
Miller had sent
“What kind of
Free shook his
If it had been ah
“Would you k:
should see them
“7 think I wou
dle-aged and It
boy.”

“What sort of
the house?”

“Well, I was <
stove and a rad
I expect Evere’
them.”

“T’m not so s
“Everett Mille
night.” ;

“Why wou
Miller?” Fre«

“His pockets
the Sheriff. “!

The muscle:
grew tense.
him?” “

“Everett di
this year.
Prescott in Ji
much at Lon:
some things.
what he had
special in !
pocket-like.”

“You're Ss!

“Of cour
She’ll tell 5

wm PRUITT
what you
was visitins
“There is
other. “Gu
ing than »
About a ye
“J think |
lows,” the ‘
On the k
outlined h
whoever |
about this
it was loc:
vacant. Tt
body he }
“Free S:
had Ariz
- wouldn't |
Chess
involved.
under tha:
them anc
money b«
find his }
“There
added. ‘!
haven't t!
has been
paper in
Seems |
heard of
a hand
The t\
before !
Stewart
new de\
Pruit!
that his
noon i!
“We'l
he said
pefore
He p
day ™
Dougl:
culati¢
“Do
Adob«
“We
bus.”
“Mi
“Nn

HE ringing of a telephone echoed hollowly through the deserted
offices of the first floor of the Cochise County courthouse in Bisbee,
Arizona.

Sunday afternoons in the mining city were usually quiet. After a time
Deputy Sheriff Pete Jergis, who had been oiling weapons in the gun
room, appeared and picked up the phone, and spoke. “Sheriff’s office.”
For a few moments he listened, then, “be right down,” was all he said.

He broke the connection and dialed the home number of Sheriff I. V.
Pruitt. “A murder, I. V. Two soldiers from the Douglas Air Base found
a man’s body this afternoon under one of those highway bridges ten

AP es ent 0

SMITH, Lee Albert, white, 63, gassed A Z3P

ee a a pl cl a A OG ON GN NON ek Ratt e N,

* On the body at the scene of the
crime, Sheriff Pruitt found a buckle

miles east of Douglas. Throat cut.. A
captain of the Military Police just called
in.”

“Call Miller and Stewart in Douglas,”
Pruitt directed. “Have them get hold of
Ames. I’ll meet them at Miller’s in
twenty minutes.” Ames was the deputy
coroner,

Pruitt, keen-eyed, soft-voiced veteran
Sheriff of Arizona’s southeastern county,
pushed the speedometer of his big Buick
up past the seventy-mile mark. With ex-
pert timing he gauged the curves in the
twisting mountain road which leads
down the eastern slope of the Mules into
the broad grasslands of the Sulphur
Springs Valley.

The August sun was like a flaming
blowtorch cutting its way mercilessly
across the sky. Ahead of him the border
city of Douglas danced in the heat waves
as though it were squirming in an at-
tempt to escape the sun’s_ scorching
breath.

The Buick sped smoothly down the
last steep curve and picked up speed on
the long, straight concrete ribbon which
led into town. Ten miles to the north
a covey of busy Army training planes
marked the location of the Douglas flying
base.

Miller and Stewart were standing on
the sidewalk when Pruitt drove up.
Deputy Chess Miller, who commanded
the Sheriff’s detail in this section of the
county, said, ‘‘Ames has gone on out with
the wagon. We’ll pick him up on the
highway,” and climbed in the front seat
beside Pruitt.

Stewart slammed the rear door as the
Buick pulled away. “I guess Pete told
you that some soldiers found the body,”
Pruitt remarked.

Miller nodded.

“Anybody missing around here?”

“Not that we know of.”

They drove on in silence. Five miles
east of town they passed Ames, driving
the hearse. Pruitt said, “According to
the M. P. who reported it, this fellow is
lying beneath the highway bridge about
twelve miles east of town. I figure that
would be Muleshoe Wash,”

Miller nodded. ‘“‘That’s about the loca-
tion.”

North of the highway the boulder-
strewn bottom of the dry wash was
nearly fifty feet wide. It earned its
name by following approximately the
dividing line which separates the Mule-
shoe range from the neighboring T-Bar.
The highway engineers had narrowed its
width by constructing a funnel-shaped
barrier of rip rap. Where it passed be-
neath the highway, it was less than ten
feet across. Pruitt stopped at the bridge.
The investigators went down the sandy

' slope together.

The body had been dragged beneath
the bridge and covered with bits of brush
and a half rotten burlap bag in an obvi-
ously hasty attempt at concealment.

“They dragged him in feet first,”
Pruitt commented, pointing to a hollow

By DAVID ALLEN

ILLUSTRATIONS BY DON MILSOP

TRoE DETEcT VE — oe, [944

ee Ne Oe Oe Oe On ee

he is first. Until we do that, we’re not
apt to find out much of anything.”

“Maybe some of his folks will report
him missing tomorrow,” Stewart sug-
gested hopefully.

“If he had folks who kept that close
track of him, they should have reported
it by now. I don’t think he lives around
here anyway. Whoever killed him was
careful to take all his things, and there
would have been no point in doing that
if he had folks around here,”

“That’s right,” Miller agreed.

Pruitt picked up the handsome belt
buckle. “Somebody paid a lot of money
for this,’ he said. “A hundred bucks,
anyway. Probably not too many of them
sold and it should be easy to trace. I’ve
been trying to think where I’ve seen one
like it, and I guess it must have been at
Porter’s in Tucson. TI’ll start looking
there anyway.”

“Tf he bought it there, they’d probably
know who he is,” Miller suggested.

“It would be a start,” Pruitt agreed,
“but we’ve got two other possibilities.
We'll give a story about it to the news-

ee ‘
ah, | PAD! oy

*This maniied when he anid
he tried to stop the murder
Th RAR ‘Ate

papers. Reporters are always looking
for interesting angles and this belt buckle
will be one. Anyone who knows him is
pretty apt to remember the buckle, any-
way. They might miss a description of
him but they won’t miss this. Then we’ve
got those rodeo programs.” Pruitt opened
one and spread it out.

“We can’t check on everybody who
attended that show in Prescott,” Miller
remarked.

“Wouldn’t be easy. I don’t aim to,
anyway. How many of these things
have you got saved, tucked away some-
where, Chess?”

The deputy looked mystified for a mo-
ment. “Me? Not any like that. I didn’t
go to Prescott this year.”

“I mean rodeo programs.”

“Not any, except of course those where
I competed,” he replied with a grin.
Chess was known as a skilful rider of the
bucking ponies.

“That’s just it,” Pruitt continued. “No
cowboy is going to lug a program around
with him for very long unless it is a

special one, one with his name in it or
one he had something to do with.”

“T think you’ve hit something there,”
Miller replied. “Let me get a better
look at the thing!”

“He didn’t put a circle in red around
his own name if that’s what you are
going to look for,” Pruitt commented
dryly. “But there were only about a
hundred contestants and that’s a lot
easier than checking up on every one
who came to see the show. Get me a
sheet of paper. I’ve got an idea.”

Pruitt handed Miller the Prescott pro-
gram, then opened the smaller report.
‘If he was in one, he was in both,” he
said. ‘Anybody who didn’t make both
shows we'll scratch off the list. I’ll read
the names to you.”

Thirty minutes later, after carefully
checking contest by contest, Pruitt had
whittled away until now his list con-
tained only twenty-three names—twen-
ty-three cowboys who had appeared in

both contests. Pruitt paused to light a-

cigarette. He inhaled the smoke hun-
grily. “Now we can cut down the list by
scratching every rider we know by sight.”

Between them they eliminated twelve
more names.

Pruitt’s shrewd reasoning had reduced
the list of possibilities from the nearly
ten thousand people who had attended
the big Prescott rodeo down to eleven.
The Sheriff and both his deputies were
now convinced the dead man’s name
would be found among that eleven.

“You fellows can start working on this
list in the morning. Go over.to the bank
and see if any of these riders were on a
ranch payroll around here. Try the har-
ness shop and the saddle maker and
every other place where cowboys hang
out. I’m going to take the belt buckle
and go into Tucson. Porter’s can prob-
ably help us out. It will be too late to do
anything tonight, but I’ll be there the
first thing in the morning. Give the
story to the Douglas papers and ask them
to play it up. I’ll do the same thing in
Bisbee.” ‘

Pruitt stopped in the county seat just
long enough to pick up a bag, give the

murder story to the newspaper, and no-
tify his office staff that he could be found
at the Pioneer Hotel in Tucson,

The firm of N. Porter and Son, saddle
and harness makers, ‘started doing busi-
ness in Abilene, Texas, in the days of
the trail herd. When the cattle industry
moved west, the Porter Company fol-
lowed it to Phoenix, and when the
dudes with their ready dollars began to
crowd out the cowboys, Porter’s emerged
as a super de luxe modernistic Western
store, with a branch in Tucson. The
belt buckle could be a dude piece and
Pruitt was sure Porter’s could tell him
where it came from, even if they had not
handled it themselves.

The Sheriff of Cochise County was the
first customer at the store on Monday
morning. He displayed the buckle to
the branch manager. “You folks sell
this?”

“No, we had some on display but we
didn’t sell any.”

“Any idea where it might have come .

from?”

“Certainly. That’s one of the day
prizes given at the Cheyenne Rodeo.
They’ve used this same thing for years.
See, there’s a space for the boys to have
their names and the event engraved.”

Pruitt said, “‘Thanks,” and started for
the door. Then he turned around and
came back. “You fellows wouldn’t have
a copy of this year’s program at,Chey-
enne, would you?” :

“We have one in our files.” ie a PS

“Mind if I copy off the names?”).. -

“Not at all.” fs

The big lithographed program was a
handsome volume, but Pruitt wasted no
time in admiration. Methodically he
checked the printed names against that
list of eleven which he drew from his
wallet. When he finally closed the book,
he’d found that five of the cowboy con-
testants had worked all three rodeos.

The list was narrowing down. Pruitt
thanked the manager, got his car from
the hotel garage and headed for Bisbee.

Chess Miller was sitting in his office
when the Sheriff arrived. ‘The victim
didn’t live in (Continued on page 96)

%& Mirando studied the photo and then swore softly in Spanish.
“Death makes a great change," he said, “but | know him well"

track in the sand. “Too bad this stuff
didn’t hold their footprints, but we can
see where they walked. It looked as
though there were two of them. Get a
flashlight, Stewart, and we’ll have a look
at him.”

Stewart returned in a moment with a
portable electric lamp.

The dead man was lying on his back,
his brown eyes in a fixed stare. There
was a deep cut across his throat.

He appeared to be about thirty-five |

years old, of strong physical build, and
he had obviously lived an outdoor life.
His legs were covered with faded blue
levis, and the high-heeled boots he wore
stamped him as a cowboy.

The sound of an approaching car broke
the afternoon’s stillness, and in a moment
red-headed Howard Ames had joined
them. For a time he stood looking at the
body. “Somebody did a good job on
him,” he commented.

Pruitt nodded. “How long has he
been dead, do you think?”

Ames studied the swollen skin, tested
the muscular condition of the arms. “In
this weather I’d say not more than twen-
ty-four hours, maybe not that. Who is
he?” .

“We don’t know yet. Let’s carry him
out in the sunshine and see what we can
find.”

Gentle hands lifted that tortured body
into the light of day. Methodically Chess
Miller began to search. He piled what
he found on his own handkerchief spread
in the sand. When he was through, that
little mound of personal effects began to
throw some light on the dead man’s occu-
pation and personality, but there was no
hint of his identity. A half smoked
package of Bull Durham tobacco; a book
of cigarette papers; two dozen kitchen.
matches screwed tightly inside a cylin-
drical metal container which had once
held shaving soap; a clean blue handker-
chief, unironed; a gold and silver belt
buckle marked with the life-like figure
of a bucking horse and rider with the
words, ‘Champion, 1943.” Also in his
pockets were two worn and crumpled
rodeo programs, both of them complete
lists of competitions and competitors, one
of the Prescott, Arizona, Frontier Days,
held July 2nd, 3rd, and 4th, and the
other less elaborate in makeup and print-
ing, of the Long Valley Rodeo, no date
given.

That was all; no billfold, letters, cards
or time sheets.

Pruitt picked up the belt buckle and
fingered it. “I’ve seen one of these be-
fore,” he remarked. “I wish I could re-
member where.” Then his attention
shifted to the rodeo programs. ‘Might
be something here if we could figure out
what it means. Anyway, we can surmise
he was robbed, and that may be the rea-
son he was murdered.”

“Never heard of a cowboy carrying
enough money to make robbery worth
while,” Stewart commented dryly.

“Ain’t that the truth,” Miller agreed.

The Sheriff and his two deputies had
all served their time in the saddle.

“Well then,” Pruitt said, conceding the

T point, “whoever killed him wanted to
make it look like robbery.” He turned
to the Coroner. ‘Might as well take him

10 into town. We’ll meet you there. I want

* In the bright light of the white*pointed Wicaue: Dr.
Causey worked, skilfully to: complete the examination

Doc Causey to make an examination.”: .
Dr. Paul Causey, working with the skill ,
and experience born of long. practice
completed his examination, then turned
to face the Sheriff. In the bright. light ©
of that white-painted morgue; perspira-:
tion glistened on: the doctor’s -forehead.
and nose. }He pulled*.off his rubber
gloves. €. Rte Ne se
“Slugged first with some: heavy club.
He was probably unconsciotis when they’
cut his throat, but at any rate he was
still alive.” . Cie ages
“How long ago did all this happen,’
Doc?” ¥ ts Wath .
“Some time late yesterday aftérnoon
or last night. I’d like to be more definite,
but I can’t.”
Pruitt nodded. “I know. Thanks.”
In the front room of Miller’s home, i ‘4
which served as the Sheriff’s office in pepe: Nae 7 : -
Douglas, Pruitt untied the handkerchief * ye ‘ ‘
containing the contents of the dead man’s citer dubarenwe toned him,
pockets. ‘We’ve got to figure out who : so Rn emer hala Micha hg

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We'll give

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= sgt

we took out of the pockets of the one
I killed. There is the blackjack and
the gun that shot John.”

“We picked up the stocky fellow
that was with the other two, down the
line toward Wilcox,” Talley told me.
“He’s acting dumb. Claims he met
both those "bos on the train, and
doesn’t know anything about them or
where they were going.”

I examined the articles taken from
the dead youth first. There was a
short-bladed. pocketknife, $7 in bills,
some change, a dirty handkerchief, a
sack of tobacco and cigarette papers,
and a prison parole release issued to
James Vail by ‘the Colorado State
Prison at Canyon City. According to
the papers the dead boy was 19 years
old, and had done his time for
burglary.

I opened the suitcase. There were
some underclothes in it, a sweater,
a railroad yard cap, an inexpensive
dark blue suit, and an apparently
genuine gold badge issued by -the
police department of Iola, Kan.

I turned to Laskey. “What’s been
done besides sending a posse out ‘to
look for him?”

“We've got the constables at Wilcox
and Benson checking the highway.”

These two towns are on State Route
86, west of Bowie. :

Dogs Are Ready

“In the other direction?’ the deputy
continued, “we’ve wired a description
and a pickup request to the chief of
police at Lordsburg, N. M.”

. “My boys are- checking the cutoff
road into Safford,” Talley volunteered.
“And railroad officers are working the

-main line both east and west of here.”

‘I considered their information for a
moment. The hobo gunman was on foot
in a strange, desolate country. If he
stuck to the railroad, or tried to hitch-
hike, he would surely be trapped
by waiting officers on the railroad or
highway. A man on foot traveling
without water, and especially one who
didn’t know the country, would have
little chance of escaping across the
cattle ranges, but the gunman might
make it as far as some ranch. If he
could -get food and water he could
hide out in the Chiracahuas Moun-
tains to the south for months.

“Anybody in this country got any

hounds?” I asked Laskey.
_ “A fellow. who lives west of here a
ways brought in a pack this evening.
He figured you might want to use
them.”

“Good. Rustle some horses. If he’s
still afoot, the dogs ought to lead us
to him by morning.”

After the deputy had gone I asked
Beckstrum to bring in the stocky hobo
who had been a member of the trio.

‘ The prisoner was wearing a dirty
sports coat and a pair of gray wool

had

trousers. Beckstrum said he
given his name as Jim Wilson.

“What do you know about this kid
with the gun?” I asked.

“Nothing. I didn’t even see the
gun.”

“How far did you ride with them?”

“I got on at Lordsburg.”

“When?”

“Yesterday afternoon.”

“They were already on the train,
were they?”

“Yeah.”

“What names did they use when
they spoke to each other?”.

“Didn’t use no names.
know nothing about them.”

This wasn’t Wilson’s first brush
with the law. I was sure of that. He
was tough and defiant. He wasn’t go-

ing to tell us anything.

I don’t

“T don’t know.”

He wouldn’t say any more.

Laskey returned with the horses
and the hounds. The man.who owned
the dogs came along to handle them.
We rode down to the yards and
Beckstrum put the dogs on the scent.

The night was clear and cold, and
there was no moon. We followed the
dogs, their owner in the lead, then.
Talley and Grady. Laskey rode back
with me.

Before we were a mile out of town
the dogs left the tracks and cut south.
It wasn’t a straight path. They circled,
went in under palo verde trees and
mesquite brush. At times we were
riding our own trail, but our general
direction was southeast.

About midnight we stopped to rest
the horses. There was no way to tell
exactly where we were, but I figured
we must have ridden at least 12 miles.
We watered our mounts at a desert
tank such as ranchers build out on
the range for their cattle.

The dogs were anxious to be off,

“and we didn’t:hold-up for long. By ‘2

o’clock we could tell from the way the
hounds were acting that the trail was
getting fresh. We changed directions
and were now heading northeast. We
let the dogs out“some.

We had already ridden about as far
as a man could travel on foot before

A jury in 15 minutes convicted Sulli-
van in the Cochise County courthouse.

There was no time for gentle words
or gentle methods. I pointed to a
chair.

“Sit down, Wils6én. That officer
your friend shot is going to die. The
charge will be murder. You. were
traveling with these punks; you were
there when the shooting started..That
could make you an accessory to mur-
der. Maybe you are on the level, but
you were in bad company. Unless
you want to sit out a murder rap you
better start talking.”

“You can’t pin nothing on me.”

“All we have to do to convict you
as an accessory is to prove that you
withheld information, and by refusing
to talk, helped your pal to escape.
You didn’t travel 18 hours with those
two and not find out their names.”

Hounds Pick Up Trail

“Okay. The little one called this
blond fellow Jack.”

“Jack what?”

“Just Jack. They told me they was
going to California.”

“Which one had the suitcase?”

“They both carried it.”
' “Where did Jack get his gun?”

pretty confident that the next hour or
so should bring us up to the gunman
who had shot John.

Dawn comes early on the desert.
When the first soft rays of morning
light began to break in the east we
pushed our tired horses into a gallop.
The trail was hot, and the hounds
were lunging forward eagerly. Talley
and I were. in the lead, right behind
the cowman who was working the
dogs. We both saw it togethet.

“We're blowed up now,” Talley
said.

He was right, for less than half a
mile away was the railroad. There
‘were some buildings north of the
track. We had ridden all night, made
a great half circle and come out at
the San Simon section station.

The pack of hounds broke up and-
began to mill at the yard limits. The
trail vanished where the hobo had
hopped a train.

Officer Brodliury Dies

It was a bitter disappointment we 3
all shared. San Simon is just 16 miles {
east of Bowie. We had ridden per- |
haps 35 miles to get there. How that

chances of our catching him now
looked slim.

A westbound freight pulled into the q

yards with (Continued on page 44) |

$5 F orth Soa i ee

to bed.
from Colo-
g morning.
inced that
telephoned
wood City,
and asked
ished at the

chir .
eed wo visit
e off chance
ing of the

pictures of

kstrum and
ely identified

eded investi-
livan secur

that police-
in his suit-

quiry to the
and an hour

trolman in a

isted the serial

._ There was §

and Sullivan ~

lso taken his &

shooting Brad- ti
’ : fe
the chief or.
. He had =
oe d had»

The

was little we could do about it. We
printed his picture on a wanted bul-
letin and circulated it among all peace
officers west of the Mississippi.

A week passed. Vail’s folks claimed
their son’s body. We still had Wilson
in jail, and I was determined to keep
him, at least until there seemed no
chance of catching Sullivan. Wilson
could identify the ex-convict killer.

Sullivan Nabbed

By the time ten days had elapsed I
am sure the chief in Redwood City
had tagged me as a first class nuisance.
I telephoned or wired him every day.
I was determined not to let him for-
get for one minute that we wanted
Sullivan, and wanted him badly.

I knew the officers in that north-
ern California city were doing their
best, but I also knew they must have
a lot of routine work of their own,
and that when Sullivan didn’t show
up after a week it would be easy to
let the whole thing slide.

I arrived at my office at 8 o’clock
on the morning of March 25. Ten
minutes later I had a long distance
call from Redwood City. Sullivan had
been arrested when he dropped off a
freight train there at 7:30 that morn-
ing. He had. been identified from the
pictures we had sent, and he had ad-
mitted the murder of Bradbury.

Those California police had really
been on the job.

Cochise County Attorney Frank E.
Thomas issued a murder complaint
against Sullivan, and four days later
we had the murderer of John Brad-
bury in jail in Bisbee.

Sullivan pleaded not guilty and Su-
perior Judge John Wilson Ross ap-
pointed two prominent Bisbee attor-
neys to defend him.

Through his trial Sullivan was
cocky and confident. He seemed to
enjoy being the principal character
in this life and death drama.

The trial lasted four days. The jury
was out less than 15 minutes before
returning a verdict of guilty of mur-
der in the first degree. ,

Judge Ross sentenced Sullivan to
death in the gas chamber in the state

(
Leopard

and

(}
bea)

THE LETTER
was not of the
usual fan vari-
ety. Under
threat of death
it demanded
$25,000 in un-
cut diamonds
to be left at a
downtown Los
Angeles hotel. Cinemaid Betty Grable
was stunned.

But the gal with the glamorous gams
knew what to do with such a missive.
She turned it over to the FBI.

A month later came a second note,
signed like the first by “The Leopard.”
Five grand in cash or death, was its
ultimatum.

The first time a dummy package

R. E. Aléccidecasec

Gorgeous Betty Grable's life was threatened.

had been prepared, but no one calle
for it, according to J. W. Vincen
assistant special FBI agent.

Then a girl was made up to loo
like Miss Grable. She drove along
Hollywood street and hurled out
packet at the proper spot.

FBI agents impersonating labore
in a nearby cemetery, and hidden i
cars, were alert. A youth picked u
the package, and the chase was 01

Surrendering without resistance, h
said he was Russell E. Alexandersor~
18, formerly of Omaha. “I never in

‘tended to carry out the threats,” h_

protested. “I just wanted some mone |
to see some movie stars.” |

He was held under $5,000 bond fo
grand jury action.

prison.

Sullivan’s attorneys appealed, and
sought every possible legal loophole
to free their client. But they failed.’

The morning of May 15, 1936, Burke
Polley, prison yard captain at Flor-
ence, strapped the jaunty ex-convict
killer imté the death~chair in the
state’s lethal gas chamber. Sullivan
sat grinning with a cigar in his teeth.

A stethoscope was strapped to the
condemned man’s chest. The heavy
glass door was closed and the cracks
were sealed. The exec\tioner tripped
the mechanism and }a handful of
cyanide pellets dropped into a bowl
of sulphuric acid beneath the chair.

Eight and one half minutes later
Jack Sullivan was dead,

Eprtor’s Note: To spare possible
embarrassment to an innocent person,
the name Jim Wilson, used in this

BUY WAR BONDS

Story, is not real but fictitious.

JUNE. 19423

THE BOYS OF BATAAN ARI
HELD IN JAPANESE BONDS.
You
CAN BAIL THEM OUT ALONE
WITH YOUR OWN SECURITY!
BUY
WAR BONDS! KEEP BUYING!
AND KEEP YOUR BONDS!

(Continued from page 43)

“That is how a lot of you fellows
who thought you were smart were
constantly fooled. Why, I’ve seen
judges and senators who paid up to
$15 a quart for whisky who actually
believed that they were getting the
McCoy.

“Almost everybody who drank dur-
ing Prohibition—and who didn’t?—
figured he knew at least one ‘honest’
bootlegger. There just wasn’t any
such animal. Human nature is too
greedy. If a rumrunner got a few
cases of genuine stuff he wasn’t going
to be fool enough to sell it the way
he got it when, with a little effort
he could triple and quadruple his
quantity.

“I truly believe that it was Prohi-
bition which started young girls drink-
ing hard liquor. It was considered
smart to patronize speakeasies, and
girls got to thinking it was smart to
order drinks. Their escorts got a kick
out of it because it made them look
like big shots, paying 75 cents and a
dollar for drinks.

“And the vileness of most of the
liquor we sold often turned decent
people into vicious beasts. It caused
them to go completely berserk, and
the situation was made worse because
in such cases we couldn’t call in the
police.

“We had to handle those wild
men—and wild women—as well as we
could without creating a nasty scan-
dal for ourselves or for them. You
may say that people get drunk now,
too, but unless you remember what
that Prohibition booze did to them
you have no idea how bad a person
can get. And terrific hangovers which

-lasted for days ‘were commonplace.
Decent liquor taken in temperate
quantities, which is how most of us
drink, couldn’t possibly do the things
to the human system that that rotgut
of Prohibition days did.

“I was over at the Stork Club about
two years after repeal and I remem-
ber hearing Sherman Billingsley, the
owner, remark, ‘It’s a great satisfac-
tion just to be able to call a police-
man.’ What he meant, of course, was
that under repeal we can all operate
decent, on-the-level places and can
have the full support and cooperation
of all law-enforcement agencies.

“It must be even more satisfying
to the American people themselves to
be able to walk in and get a refresh-
ing glass of beer at a fair price in
pleasant surroundings among people
who once again can enjoy themselves
without having to sneak up to a
speakeasy door, give the password and
be eyed by a doorkeeper who is mak-
ing a living by breaking the law.

“Anyone who has a clear memory
of Prohibition,” he concluded, “shud-
ders at the very thought of its being
repeated. I ran a speakeasy all
through those days, and I’m telling
you honest that even though I made
twice as much money then as now, I
wouldn’t want it back. Prohibition
made lawbreakers of us all; and that
ain’t good.”

—Date Harrison.

| AVENGED

(Continued from page 26 )

some empty stock cars. We got hold
of the conductor, loaded our horses
and the hounds aboard, and 30 min-
utes later we were back in Bowie.

There was a message waiting for
us. John Bradbury had died at 5:35
that morning.

Laskey, Beckstrum and Grady
checked the schedule of trains which
had passed through San Simon. Con-
sidering the route he had taken, we
were positive our man hadn’t reached
that station before midnight. Between
midnight and morning there had been
one passenger and two freights.

The passenger didn’t stop at San
Simon so the boys ruled that one out.
They sent telegrams to the railroad
officers as far west as Yuma and as
far east as El Paso asking that both
freights be thoroughly checked at
every stop.

In the meantime Talley and I were

reviewing the few facts we had to go .

on. The murder of Bradbury didn’t
make any more sense than most mur-
ders, but knowing that Vail was an

ex-convict out on parole, it wasn’t

hard to figure why he was afraid to
be caught with that blackjack. The
Possession of a concealed weapon was
a violation of his parole for which he
could have been returned to Colorado.

“Of course, Vail didn’t do the shoot-
ing,” Talley pointed out.

“That’s right,” I agreed. “It makes
me believe that his pal was probably
a parolee, too. And possession of a
revolver was sure good for a one way
ride back to the big house.” -

There were a lot of unanswered
questions. Where had the convicts
obtained the gun and blackjack? How
could we explain the police badge in
the suitcase? Did the clothes in the
bag belong to Vail, to the missing
killer, or had the suitcase been stolen?

Vail’s body was in the baggage
room of the station. Talley and I took
the suitcase down there and spent 20
minutes trying to dress the corpse in
the clothes from the bag.

The coat was about two sizes too
large. The shoes were too small, and
the trousers too long.

Then we measured all the clothes.
From the size we figured the owner
to be a man five feet nine inches tall,
weighing about 140 pounds, with a
Size seven foot.

I put through a long distance tele-
phone call to the warden in Canyon
City. I told him what had happened
to Vail, and described the blond killer
as best I could.

“I remember Vail,” he said. “Wait
till I get his record sheet.”

Two minutes later he was back on

IT WILL TAKE BOTH TAXES
AND BONDS TO WIN THE
WAR. ARE YOU DOING
YOUR SHARE?

the line. “Vail was committed from
Pueblo, Colo., on November 20, 1933.
The chatge was armed robbery. He
palled up with another convict, John
Sullivan. They were both paroled
out of here in August, 1934. From

your description Sullivan is the man.
you want. He’s got a long record be-

ginning in 1932.”
Badge Traced

“Can you tell -me anything else 4

about him?”

sister in Redwood City, Cal.”

The warden gave me the name of q ue)
Sullivan’s sister and promised to send
me air mail pictures and a complete

record of both Vail and Sullivan.

There was nothing more we could |

do for the present in Bowie. Laskey
and I had been without sleep for 36
hours. During that time I had traveled
better than 800 miles.

We turned Wilson over to Deputy 4

B. H. Baker, my chief jailer, and I
instructed Baker to check the rail-
road reports as they came in and to
call me if anything developed. Then

, Laskey and I went home to bed.

The pictures and records from Colo-
rado arrived the following morning.
ey and I were convinced that
Sullivan was our man. I telephoned
the. chief of police in Redwood City,
outlined the case to him, and asked
that a stakeout be established at the
home of Sullivan’s sister.

We also contacted the chief of po-
lice in Pueblo. He agreed to visit
Vail’s parents there on the off chance
they might know something of the
boys’ plans.

Laskey and I took the pictures of
Sullivan to Bowie. Beckstrum and
two railroad men positively identified
Sullivan as the killer.

We returned to Bisbee. There was

still one angle which needed investi-
gation. Where had Sullivan secured
his gun? And what had that police-
man’s badge been doing in his suit-
case?

I telegraphed an inquiry to the
chief of police at Iola, and an hour
later we had the answer. On Febru-
ary 26, 1935, two hobos answering
the description of Vail and Sullivan
had jumped an Iola patrolman in a
dark alley.

They had slugged the officer and
stolen his gun, blackjack, watch, and
money. They had also taken his
badge. The telegram listed the serial
number of the gun. We compared it
with the number on the gun Sullivan
had thrown away after shooting Brad-
bury. It checked.

Just before supper the chief of
police at Pueblo called back. He had
talked with Vail’s parents, and had
learned that their son and Sullivan
had left Pueblo in November. The
boys had talked of spending the win-
ter in California with Sullivan’s sister.
I relayed this information to the chief
at Redwood City.

The days dragged by. It became
apparent that Sullivan had somehow
evaded the railroad officers, but there

-muring from

SULLIVAN, Jack, white, asphyxiated Arizona (Cochise) on May 15, 1936.

’S gruesome, it’s tragic, it’s fraught with all the perversity of
which human nature is capable. But the fact remains that
“there's no drama equal to that of a manhunt. And that cir-
cumstance continues to remain true no matter from which
angle you view the chase—hunter or hunted. The excitement,
the life-or-death struggle, the question of the biggest game of all,
Man, points up the pursuit. And when it becomés a matter of
officers of the law gunning for 4 man who has killed one of their
fellows, the emotions and compulsions involved become starker,
more desperate.

This case began in a routine search of a string of freight cars
in the Southern Pacific railroad yards in Bowie, Arizona. It was
almost high noon, and the Southwestern sun was brilliant in the
sky as the giant locomotive chuffed and
puffed onto the siding, the long line of
cars behind it following like a comet’s
tail.

Officer John B. Bradberry of the rail-
road police and Officer W. E. Beckstrom
of the-Border Patrol set about their work.
It was their job to inspect all such trains
for hoboes—for the railroad man it was
to protect the road against trespassing and
thefts of company property; for Beckstrom
of the Border Patrol it was a matter of
stifling smuggling or illegal entry into the
United States.

These two officers could almost handle
such matters with their eyes closed. It had
become that commonplace after thousands
of repetitions of an identical formula.

A grinning brakeman swung off a ladder
from the side of the train. “There’s a box-
car full of hay down the line,” he said.
“Hay makes good bedding, so I reckon
maybe it’s got more than hay in it. Well,
anyhow, good hunting!”

Bradberry shrugged. “Sounds like a
good place to start.” Beckstrom and
Bradberry opened the freight-car door and
Bradberry’s voice boomed into the semi-
darkness inside. “All right, guys. You can
come right out now. And keep your
hands in sight!”

There was a rustling and then a mur-
the car’s interior, <A
sheepish-looking hobo, barely more than
teen-age, appeared in the doorway and
leaped to the ground, where he stood
meekly. Another followed. . And still
another.

The officers had expected two or three.
To their astonishment the number grew
until ten men, hay still clinging to their
wrinkled clothes, stood in line.

Border Patrolman Beckstrom’s hand
hovered near his gun. A gang of this
size could mean trouble. And Beckstrom
knew that Bradberry customarily went
unarmed, counting on his authoritative
muscularity to cope with any situation
that might arise.

While Beckstrom held the free travelers
in line, Bradberry went on to the frisk. The two men had
worked as partners so long that the procedure had become
practically automatic. And to most of the knights of the road it
was obviously a familiar piece of business. Primarily, it was a
search for concealed weapons.

The first lad was clean. The second was also unarmed; he
didn’t even have a pocketknife on him. At Beckstrom’s gesture,
both had stepped aside, and Bradberry was patting the sides, the
hips, the calves, the hollow between the shoulders—anywhere
that a weapon might be hidden—of the third, when the fourth
man down the line sidestepped swiftly and there was a gun in
Bradberry’s back. ;

‘

feet and lunged. The gun at his back roared, but already the 2

REAL DETECTIVE, April

Simultaneously, another member of the seedy group—so_
rapidly that it might have been rehearsed—had leaped for Beck- ~
strom. As Beckstrom’s gun came out of its holster, the two way- ©
farers ie, het with the officer.

Re: rs shouldered John Bradberry was a man who knew. ;
no fear. Time and again—bare-handed, too—he had subdued © x
armed hoodlums. There seemed no reason for this occasion tos
be an exception.
‘It was as if the pressure of the gun in his back had touchatal a
button that exploded him into action. He wheeled on pivoting ¥

speed of his movements £3. spun him about so that the .45 slug 3

an
MELESS
TLLER

~The: laswmen were determined to

acen Cl a fel low officer’s death!

By LEE DONALDSON

be
entered his body by way of the abdomen. He fell to the woul
Another gun coughed out its poison, and the man who had been i
wrestling with Beckstrom sank to the sands of the railroad yard. -
In that fleeting instant, Bradberry’s attacker was speeding — ee
down the tracks, zigzagging as he ran, but putting distance behind. ate

him with every panic-stricken stride. i
Forgetting the eight men who had made no hostile moves, i
Beckstrom took after him. The chase had begun.
Every advantage—youth, a running start, desperation such 1 as ae
only the damned can know, went with the men pursued. =
Officer Beckstrom emptied his gun, ‘and the fleeing man shot ae
back. All bullets went wild.

etween Nogales
‘e station. But
mewhere on the
in some obscure
er dead or seri-

ing parties from
counties tramped
brush. All night
ving through the
ilse reports came
rushed back and
itless tips. But
ed.
nope of finding
iar from us. The
evoted screaming
enship disappear-
< the streets were
shouting, “Lon
Bloody Auto

ring and leaving
nspected in an ef-
- described by the

enship and his ab-
ssumed_ state-wide
y law. enforcing

Suspicious look-
rounded up and
able resorts by the
Men were brought
loose—no results.

Breaks

hours of morning,
ed call from Henry
at the Santa Rita
| commercial house
headquarters of

vith you, Captain,”
st finished reading

Will you come
or five men? There

” IT called. “We've
1 Ross and Brady.
s at the Santa Rita

or Nogales on a
od.

TLING DETECTIVE

George Shaughnessy supp lied

police with information which en-

abled them to crack the mystery
of the Blankenship case.

The night clerk had a long story to
tell us. “Captain,” he broke out, “you
are looking for a young chap wearing
soldier clothes ?”

“Yes, Lon Blankenship is missing
and we suspect a fellow answering that
description.” I pointed to the morning
paper Manciet had been reading.

“Captain, I hate like the very devil
to cause trouble in the house but I
honestly believe your man is here,”
declared Manciet. He went on to ex-
plain‘ that about seven-thirty the eve-
ning before a “light complexioned,
scrawny youth” applied for a room and
paid his night’s lodging. He told us
that it seemed strange that this youth,
apparently a hitch-hiker, could afford
to put up in a first class hostelry.

“And, Captain, you should have seen
him in the dining room! He called for
several orders of salad and during the
meal he seemed extremely nervous. He
repeatedly placed his uniform cap on
his head and then would remove it.
After leaving the dining room he
loitered about the lobby for some time.
He stayed around here until he must
have realized that he was the object of
curiosity, so he finally retired to his
room.”

Years as an officer have made me
cautious. It sounded as though we had

ADVENTURES

In this dramatic photo witnesses are shown entering the observation
room of Arizona’s lethal gas chamber to view the execution of the
slayer of Lon Blankenship.

the right man, but I had to be’ sure.
Quickly I sent two officers for the min-
ing man who had given the youth a ride
into Tucson. I needed his help to identi-
fy this newest suspect.

Soon Burke and Robinson were back
in the lobby with the driver of the Pack-
ard coupe who had befriended the hitch-
hiker.

Then Manciet led the way to the sus-
pect’s room.

I placed one man on the fire escape
while the rest of us went to his door
and knocked violently. Tensely we
waited but there was no answer. We
called several times and shook the door.
Still no response. Manciet’ handed me
a key and I unlocked the door.

Identify Suspect

A TREMBLING young men with
sleepy eyes stood before us clad only
in his underclothing.

“Ts that the fellow you picked up at
the Kinsley service station and brought
into town?” I asked.

The mining man nodded.

I ordered the youth to dress. Mean-
while Burke had raised the pillow on
the bed and discovered a .45 caliber
nickel-plated pistol and a roll of money.

“What is your name?” I demanded.

“George La Claire.”

“Well, you’re under arrest!”

“What for?”

I pointed to the pistol and the roll of
money that the officers were counting.
Robinson announced that there was
three hundred and nineteen dollars in
the roll. “You're arrested for having
that particular three hundred and nine-
teen dollars,” I replied. ‘Come along.”

When we arrived at police head-

quarters we took our prisoner into my
office for questioning. He looked like
a hunted creature,

With his handkerchief he kept
mopping the perspiration from his
forehead. Looking around as though
seeking a way of escape, he braced him-
self against my desk while one of my
officers pulled up a chair into which he
slumped. “Now I want the truth,” I
told him. ‘What is your real name?
We know that you are not George La
Claire of Nogales.”

He gulped several times and mumbled
something unintelligible.

“You murdered a man yesterday,” I
declared suddenly.

He straightened and stared at us.

“Why did you kill him?”

The monotonous question was re-
peated time after time. He was stam-
mering and perspiring but after some
effort he succeeded in gathering him-
self together. When he spoke it was
in a cool, calm voice. And he told us
one of the strangest stories ever heard.

“IT am George Joseph Shaughnessy
and I escaped from a boys’ reformatory
at Warwick, New York, on June twen-
ty-fourth. My foster parents live in
Albany, New York,” he told me.

I took down the phone and called the
Nogales police station. I informed Jay
Lowe, the chief of police there, that I
had arrested George Shaughnessy, the
boy who stole the pistol from the Nogales
Armory.

And Shaughnessy proceeded to un-
fold his weird confession to us. He
told us that he left Nogales about four
o’clock the afternoon of July 7, 1933,
and was picked up near the outskirts of

[Continued on page 62]

if.

“What have you heard? Any develop-
ments on the case?”

“Blankenship is missing,” I answered.
“His car was found marked with bullet
holes and stained with blood. A Tucson
mining man driving a Packard coupe
picked up a boy wearing soldier clothes,
That boy wrecked Blankenship’s car at
the Kinsley service station, We want
that boy! Spread it all over page
one!”

Call after call I made over the phone
in a desperate effort to locate the
Tucson mining man. About midnight
I traced a mining man with a Packard
coupe to a Tucson hotel.

The man was out but his son readily
offered to help me find his father after I
had explained ‘the reasons for my mid-
night visit.

After some delay we finally located

Otho Kinsley sounded the alarm
when Blankenship’s car was aban-
doned near his service station bya
hitch-hiking stranger.

the older man. Quickly I told him what
we wanted. He admitted picking up a
stranded youth on the Tucson-Nogales
highway late that afternoon but was sur-
prised that any suspicion should attach
to his passenger.

“Why, it seems impossible, Captain,”
he said. “The boy I brought to town
seemed to be a nice lad. A trifle ner-
vous, but a well-meaning chap, I am
sure. He was dressed as a soldier and
had his gun stuck into his belt.”

Hitch-Hiking Suspect

H E WENT on to explain that the boy

had told him that he was in the army
and was hurrying back to town when
he had the wreck. Further questioning
of the man gave me a complete descrip-
tion of the hitch-hiking soldier.

“That sounds like our man. Where
did you first see him?” I asked.

“He solicited a ride at the Kinsley
service station. After we had gone a
little way he asked me what I was going
to charge for the trip and I told him
about eighty dollars, if he had it. The
boy agreed to my price and we both
laughed. A tire went flat and he hopped
out and changed it for me. When we
got back in the car he said, ‘Well, this
ought to square that eighty dollars be-
tween us.’ I agreed and again we had
a hearty laugh. I enjoyed the kid’s
company on the trip. I let him off on
South Stone avenue around Fifteenth
street.”

Armed with a complete description of
the boy I really had something definite
to work on. I immediately rushed this
description to all officers working on the
case. I called the newspaper office and
asked them to publish the wanted
youth’s description in the morning issue.

A machine load of police officers and
of deputy sheriffs rushed to Benson,
Arizona, to check all east-bound freight
trains that had left Tucson in the earlier
part of the evening.

By this time I felt reasonably sure
that Blankenship must have met with

foul play somewhere between Nogales
and the Kinsley service station. But
was he really lying somewhere on the
desert, or could he be in some obscure
corner of Nogales either dead or seri-
ously injured?

For hours the searching parties from
Pima and Santa Cruz counties tramped
through the wild underbrush. All night
long the men kept moving through the
hot desert country. False reports came
in by the dozen. Men rushed back and
forth—always on fruitless tips. But
none could be overlooked.

With the dawn, hope of finding
Blankenship was still far from us. The
morning newspaper devoted screaming
headlines to the Blankenship disappear-
ance. Before daybreak the streets were
filled with newsboys shouting, “Lon
Blankenship Missing, Blood y Auto
Found.”

Freight trains entering and leaving
Tucson were rigidly inspected in an ef-
fort to find the soldier described by the
mining man.

The hunt for Blankenship and his ab-
ductor by now had assumed state-wide
Proportions. Every law enforcing
agency was at work. Suspicious look-
ing strangers were rounded up and
questioned. Questionable resorts by the
score were raided. Men were brought
in, grilled and turned loose—no results,

The Case Breaks

"THEN, in the early hours of morning,
came an unexpected call from Henry
Manciet, night clerk at the Santa Rita
Hotel, a highly rated commercial house
and noted political headquarters of

Tucson.

“I want a word with you, Captain,”
he exclaimed. ‘“Just finished reading
the morning paper. Will you come
right over with four or five men? There
may be trouble.”

“Burke, Robinson,” I called. “We've
got a hot tip. Call Ross and Brady.
Tell them to meet us at the Santa Rita
Hotel right away.”

From his used car lot in Tucson, Blankenship set out for Nogales on a
business trip from which he never returned,

STARTLING DETECTIVE

George S}
Police wit
abled then
of the
The nig
tell us. *(
are looking
soldier clot
"Ve L
and we sus
description
paper \lan
“Captain,
to cause th
honest]: bx
declare! M:
plain: that
ning befor:
scrawny you
paid his nix
that it seem
apparently
to put up in
“And. Cay

him in the d
several order
meal he seen
repeated'v p!
his head an

After leavin
loitered abou:
He stayed a:

have rea'ized
curiosity so
room.”

Years as :
cautious. It <

ADVENTUR

SHAUGHNESSY, Gorge, white,

Lon Blankenship, missing Tucson

KAKXAA

ET RRR Oe FERRERS Rerum on ee

~
pes)

AZSP (Santa Cruz) July 13, 193%

}

dN
|

ll
|

quiet about Tucson on Friday

AX ait abot had been unusually
evening, July 7, 1933, when I

possession of the meager facts. Blank-
enship had driven his small coupe to
Nogales, intending to sell it there and

Sa eres
3
2\8

oc -

with

went on duty at ten o’clock. I was returh to Tucson late the same after- Easte:
checking my files when the telephone noon. According to report, he had left was tl
rang. Nogales at about three o’clock. It was had st

“Captain of police speaking,” I said now eleven o’clock and there was no round
leisurely. But the next moment I had sign of the missing man other than his peare:
snapped to attention as the words of | wrecked and bloodstained car, although tween
Jack Farrar, undersheriff of Pima the Tucson-Nogales run is ordinarily doned
county, came crackling over the wire. only a two-hour drive. tion ?

“Captain? We've had a missing per- What had happened to Lon Blanken- once

son report on Lon Blankenship. Now
his car has been found marked with two
bullet holes and stained with blood !
“Blankenship left Nogales in his car
this afternoon,’ continued Farrar,

ship? Was it his blood or that of the
car’s new owner which had stained the
small coupe? Or had he sold the car
at all? Had Blankenship been injured
in an accident—would that account for

Ww!

man. What was his fate? “bound for his home here in Tucson. the bloodstains ? Whose hand had fired us. H

There hasn’t been a sign of him since the shots which had left two bullets im- descri

until just now when Otho Kinsley called bedded in the car’s seat—and for what ing be

i me and reported that Blankenship’s car cause ? aband
Death’s shadow shrouded had been wrecked and abandoned near These were some of the questions that youth
the Arizona desert when Lon _ his service station on the Tucson-No- raced through my mind. Obviously, the Packar
b Z gales highway.” first thing to do was to trace the youth mining
Blankenship disappeared. , «1 he right over,” I assured him. who had wrecked the Blankenship car Her:
For his bloodstained car had Banging the receiver back on the hook and then disappeared. But the initial where

I called two of my men and set out results were not encouraging. We man \

i been found, abandoned bya to join Farrar. checked with Sheriff Brown of Santa man \

; mysterious hitch-hiker who At the sheriff's headquarters in Pima Cruz county and the operator of the ley’s se

4 c x ; county, officers and newspapermen had service station but they were able to pect cl

had likewise vanished. gathered, jabbering incoherently of “a furnish us only with a meager descrip- tains.

; man in soldier’s uniform” who was said tion of a young fellow about twenty could ¢
ay A veteran officer tells the to have run Blankenship’s car into a years old, dressed in a soldier’s unifo m. boy w!
Kee ° culvert near the Kinsley service station The description, naturally, was ‘ar clear u;

i official story of how sleuths on the Tucson-Nogales highway. too general for identification purposcts. Mear
i iy cracked the mystery. I greeted Farrar and was soon in It was Sheriff Brown who furnished ws under \
iat 34 STARTLING DETECTIVE ADVE

hoe

ae
icc eeonen nein erage 0 ee

‘acts. Blank-
iall coupe to
it there and
2 same after-
-t, he had left
clock. It was
there was no
ther than his
car, although
is ordinarily

Lon Blanken-
or that of the
1ad stained the
e sold the car
p been injured
iat account for
hand had fired
two bullets im-
—and for what

» questions that
Obviously, the
trace the youth
lankenship car
But the initial
uuraging. We
rown of Santa
yperator of the
“were able to
eager descrip-

about twenty
idier’s uniform.
irally, was far
ation purposes.
ho furnished us

DETECTIVE

Sek cil

<—

Under the blazing desert sun posses combed the cactus-studded desert
between Nogales and Tucson for traces of the missing Blankenship in one

of Arizona’s greatest manhunts.

with another angle to the case. An
Eastern youth visiting a relative who
was the caretaker of the Nogales armory
had stolen an army revolver and a dozen
rounds of ammunition and had disap-
peared. Was there any connection be-
tween him and the youth who had aban-
doned the car at the Kinsley service sta-
tion? We decided to question Kinsley
once more.

A Definite Lead

E FOUND the service station

operator more than willing to help
us. He was unable to add much to the
description we already had of the miss-
ing boy, but he did tell us that after
abandoning the Blankenship car the
youth secured a ride into Tucson in a
Packard coupe driven by a Tucson
mining man.

Here was a real lead at last! Some-
where in Tucson there was a mining
man who owned a Packard coupe—a
man who frequently stopped at Kins-
ley’s service station on his way to pros-
pect claims in the Santa Rita moun-
tains. If we could find this man we
could get a definite description of the
hoy who, we were certain, could help
clear up the mystery.

Meanwhile a concentrated search was
under way for the missing Blankenship.

ADVENTURES

Had he been robbed and set afoot in the
desert? Had he met with foul play?
Remembering the bloodstained interior
of his car, we shuddered and threw our-
selves into the task with fresh in-
tensity. iar

I notified all my patrolmen and the
railroad and merchant police and we
threw a cordon around the city limits.
In half an hour every man in the police
department’ and the men on the State
Highway Patrol had joined the hunt.
Sheriff John Belton, also notified,
rounded up all of his deputies. In No-
gales, police on both sides of the border
combed the vicinity.

The Santa Cruz county officials
scoured the desert country between the
Kinsley service station and Nogales.
The United States border patrol and the
United States custom inspectors also
went out to find the missing Tucson
man. It was one of the greatest man-
“hunts ever staged in Arizona.

Blankenship’s brother organized a
posse of civilians to go out into the
heavy mesquite and cactus. Armed with
rifles, shotguns, revolvers, and canteens,
they made a concerted effort to find the
missing man and his abductor. But not
the slightest trace of Blankenship could
be found.

As I left Farrar’s office a group of
excited reporters crowded around me.

P. B. WILBANKS
(Above)

Former Captain of Polltce,
Tucson, Ariz.

As Told To
KATHLEEN O’DONNELL

Ae RRR OO

bela A isch doh ARIE AE AAS fae AAR tld Gh

joe ease oan Zag Bp aa Hide es Red

iaiakis

provided Pruitt with his first detimte 1in-
formation on the murder case, She re-
membered Brown Coat very well. “He
came in here before lunch on Saturday,”
she said. “He changed more than $200
into two-dollar bills.”
“Was he alone?”
The girl thought for a moment. “I’m
sure he was alone at the window, but I
have a vague recollection of a man or a
woman waiting for him outside.”
“Can’t you do any better than that?”
“There wasn’t anyone else here at the
time. We make it a point to remember
everyone who takes more than $50 into
Mexico. I remember this man. He was
wearing an expensive brown sport coat.
“And I’m quite sure someone was wait-
ing for him outside, but I haven't any

definite recollection as to the other per- .

son’s appearance.”

The sheriff thanked the girl, pocketed
the picture and walked slowly towards the
International gate. Brown Coat had been
in Mexico. He had been in possession of a
considerable sum of money. Was robbery
the real motive after all ? Why had it been
necessary to cut his throat after he was
unconscious ?

In Agua Prieta, Pruitt methodically
made the rounds. If Brown Coat had
come across at noon, he reasoned, the
same bartenders, the same waiters, the
same girls would be on duty now.

- Mexican -bartenders shrugged their
shoulders. A dead man, an Americano.
But of what significance to them? No.
they did not know him. Saturday? There
were so many Americanos there on Satur-

_day, how could one. remember ?

It was obvious the Mexicans did not
want to be embroiled in a murder investi-
gation. Pruitt changed his tactics. He
kept the picture in his pocket and de-
scribed the dead man. And in a cantina
on the edge of the red light district, his
efforts were rewarded. The bartender
listened attentively, then summoned a
pretty girl. Pruitt judged she was both
waitress and entertainer...

. The sheriff put his questions in Span-
ish, speaking with the easy fluency of a
man bred on the border.

The girl nodded. She had served such
a man with beer on Saturday. He had
been most generous. She had invited him
to stay, but a young man—another Amert-
cano—-had come in and taken him away.
There had been much argument between

‘them, but the young man was insistent.

The generous one had said he would
come back. She had looked for him. The
girl shrugged her, pretty bare shoulders.
He had not come, but what could one ex-
pect ?

Pruitt produced the picture. The girl

’ shrieked, then held out a hand timidly.

She studied the grim photograph for a
moment, then her big brown eyes sought
the face of the sheriff. ‘“‘He is dead. They
have killed him.”

Pruitt nodded. “If you can remember
what the young man looked like—the
young man who came after him?”

The girl nodded soberly. “His face was
thin, but he was big. He was wearing a
white shirt and no coat. They knew each
other well.”

DOOMED TO DEATH was the elder of
the two slayers (at left on opposite page)
while the younger (below) got a prison
sentence. At left is Deputy Sheriff Ches-
ley Miller of Cochise County. whose work
was instrumental in running them down.

{

’ transient—his clothes,

‘that shouldn’t take long. There aren't

of the stranger’s hair or eyes. CAE

When Pruitt reached the substation in
Douglas, Miller and Stewart had returned
from a fruitless search of the auto courts.
“He didn’t stay in Douglas,” Chess Miller
reported. eee ;

Pruitt told what he had learned in the
cantina. =<

“If Brown- Coat was just passing
through here,” Pruitt said, “we may never
identify him. We'll send his prints to the
FBI and have them_check the Army: A
lot of things argue against his being a
for one thing.
Then he told that girl he would come
back. Of course, he might have meant
that afternoon as quick as he could shake
his friend, but she had the impression he
méant some other day.”

“We can’t very well call on every
farmer in Cochise County.” Miller said.

“No,” Pruitt agreed, “but we can check
all the seed stores and the feed stores and
places that deal in farm tools and farm
clothing. Any farming in this part is

‘done either north or east, and if Brown

Coat lived or worked here, we'll find.
someone who knew him.” : :
Pruitt supervised the taking of the dead
man’s fingerprints and then returned to
his headquarters at Bisbee, leaving Miller
and Stewart to check the likely places of
farm contact in Douglas. kes
Wednesday the two deputies reported

that none of the farm supply dealers could

offer any help. Pruitt received this in-
formation over the telephone and ordered
Miller and Stewart’ to continue their
search, ite

-If Brown Coat had been farming for
himself in the area, certainly he would

have been known to some of the suppliers.

Had he merely been employed on some
farm, the chance of identifying him
through this channel was more remote.
“Try the Federal Farm Employment
Service,” Pruitt suggested. “They have
been bringing laborers in from New
Mexico and Texas.”

- By Thursday night. Pruitt and his

deputies had exhausted every available _

local source and were no the
identity of the murder victim.

Thirty-five miles north and west of.
Douglas the Sulphur Springs Valley ts
watered by artesian wells. Here, adjacent
to the tiny community of Elfrida, live
most of the county's farmers. ce eee

Shortly after sunup on Friday morning.
Pruitt and Deputy Chess Miller parked
the sheriff’s car in front of the general
store at Elfrida and began making in-
quiries. They put their questions to every-
one in town. When this failed, they drove .

from farm to farm. .

nearer

“h

It was dusk before the sheriff would ad

concede defeat. ‘We're making all our

progress on the negative side.” he told |.

Miller. “Before. we knew that Brown
Coat didn’t live in Douglas or Bisbee.
Now we know he didn’t live in Elfrida.”

As they started back on the long trip
to Douglas, Miller said, “What now?” ~
“Double Adobe is all that is left, and

more than two dozen families out there.”
By Saturday morning, the “culvert
killing,” as it was called in the local

newspapers, had assumed all the propor- .. =
41) 27 ..

tions of an (Continued on page

a Megs te

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told her.”

“Go on.” A :

“First thing I knew,-Dad hit Ed in the:
head with a hammer. Then he told me to
stop at the first culvert. He pulled Ed out,
dragged him down and stuffed him inside.
Then he took his pocket knife and cut Ed’s
throat. I could see the whole thing. -

“Dad said he’d kill me if I taJd. I been
aiming to slip off the. first chance I could
get and tell you, because I didn’t want noth-
ing to do with it.”

“If that’s the way it happened,” Pruitt
said, “we better get a reporter so you can
make a statement and. sign it.”

When the statement had been. made and
signed, Pruitt went down the corridor into
Lee Smith’s cell: “You know any more. than
you did last night?” he asked. a

a Sit (No. 2 of a series ) 3
WHILE THERE have been coun'

. less attempts in the United State:
to swindle insurance companies throug’ ;

‘I’m an innocent man, sheriff.” fake deaths, one of the most curious
“You can read, can’t you?” _ cases of
Smith puzzled over this for a moment, then many.” wear tok
nodded. ° / - In a small vill
“Read this.” Pruitt handed him the boy’s “lived a man by
confession. Schiller, who ha

As Lee Albert Smith read his son’s con-
fession, all the elderly man’s defiance melted.
Eagerly he told his story. now. There had
been a scuffle and a fight between them. The
cause of the trouble, he said, was Miller’s

attentions to Smith’s pretty blond wife. the a dead a
Pruitt, making no comment, summoned a _. ¢- Suddenly Schiller gi n i
court reporter and had the man’s statement -. Moved to a town in Austria intend

taken in shorthand, transcribed and signed.
Armed with the confessions, the sheriff
entered the second floor

«to take advantage of his unique abil
-in order to swindle an insurance com~
But he became involved in hi

office of County ~~ ‘pany.
Attorney John R. Ross. “The Smiths say mew. home -with some dis bl

it happened this way,” he said. ‘characters and postponed’ his

Ross, an able and experienced prosecutor, several years, during which period
redd ‘the statements, then turned to Pruitt Zot into trouble with the law on
expectantly and waited. « peated i EE ingah ap SO

The sheriff outlined his earlier discover- Be
ies. There had been no ‘fight, he said. It -deception. He insured his life
was robbery and murder and both of them > considerable amount.
planned. They wanted the $200 Miller had,
but more than that they wanted to take his
things from his home in New Mexico.

Ross looked at the statements. “They
don’t say anything about that here.”

“They don’t know we know it,’ Pruitt
replied. “Time enough to tell them at the
trial. Another thing, that boy is lying when
he says he saw his father cut Miller’s throat.
The culvert where we found him is 15 feet
straight down from the road. Nobody could
see what was going on if they stayed in
the car.”

On Monday, November 29, 1943, Lee
Albert Smith was brought to trial before
Superior Court Judge Frank Thomas of
Cochise County.

Smith’s attorneys fought valiantly, but
when the state produced Doc Free and his
two neighbors from Hot Springs, New
Mexico, to relate how the Smiths, father
and_ son, und robbed their victim’s posts
the defendants’ counsel’s hope for a favor-
able verdict faded. _... The body. was duly conveyed to.

On December 1, the jury deliberated cemetery. . There was a short
less than two hours, then returned a ver- at the y alg after which the
dict of guilty of murder in the first degree ew mourners left. ~
and recommended capital punishment. - The gravediggers started to lower:

On the next day, as the State was pre- _-coffin into _ the _ earth. , a4 A
paring to try John L. Smith, the boy, act- startled by a noise coming from

ing on advice of his counsel, withdrew his “inside of it. Their years of exp
plea of not guilty, entered a plea of guilty, in. their vatcrtamana Gusk
and was promptly sentenced by Judge _ any superstitions may

Thomas to serve 30 to 40 years in Arizona
State Prison. ‘

The question of who Miller’s companion in
Agua Prieta was, was not answered. Smith’s
story that Miller wanted to “see a doctor,”
of course, was exposed as a fraud.

On Wednesday, December 8, Judge
Thomas sentenced Lee Albert Smith to die %e
in Arizona’s lethal gas chamber for the ~
craftily planned murder of his friend and
employe, Ed ‘Miller.

“ ——

The name “Jenks,” as used in this nare
rative, 1s not actual but fictitious—Enrtor.

bee

1ccident destroyed her se:
i no longer be able to differ:

¢ onions, olives or oranges.

idero (below) of Weymout!

ded a $4500 settlemen =

rk of stealing gems from

ad “throw a party,”
d ) was excoriated
. ee-year sentence

Too Much Murder

(Continued from page 27)

unsolvable mystery. Despite the widespread
publicity. and the sheriff’s appeal, no one
had come foravard. who could even hint
at the identity of the dead man.

RUT ee in Douglas shortly
after 8 o’clock to pick up Miller. -

The officers reached the Double Adobe
area at 11. The farms were thrifty and well
cared for, and by intensive cultivation of
small acreages, the residents were able to_
earn good livings,

“We'll go to Kent’s place,” Pruitt said.
“He knows: everybody in the valley.”

Ezra Kent was grinding feed in his big
concrete barn. He greeted the sheriff and
Miller warmly and went on with his chore.

“Any new folks in here lately?” Pruitt
asked.

“The Smiths. They took over the old
Bolton place.”

“We're looking for a fellow in his
early thirties, about six feet tall, light brown
hair, husky, pleasant face. Would that be
Smith?”

“Nope. The old man’s older than that
and the boy is younger. What you want of
this fellow?”

“To find out who he is. He was murdered.
down at Douglas last Saturday. Don’t you
read the papers any more, Ezra?” .

‘Don’t ‘get the papers up here now. I
pick them up on Saturday when I go to
town.” .

Pruitt produced a picture of the. dead
man. “This is the fellow we're looking for.”

The old farmer looked at the photo-
graph. “That’s the Smith’s hired hand, fel-
low named Miller.”

“Sure?”

Kent pushed his battered straw hat to
the back of his head. “Of course I’m sure,
Ivy. He helped me with the plowing two

_weeks ago: Name’s Ed Miller. Come down
here from Hot Springs,- New Mexico, to
work for the Smiths.”

“What else do you know about him ?”

“That’s about all. Nice friendly young fel-
ler. Good worker too. When did you say he
was killed?” :

“Last Saturday.”

The farmer’s brow furrowed. “That's
queer. Lee Smith, that’s the old man on the
place, told me Miller had gone off to Salt
Lake to see a doctor. Who would want to
kill a nice boy like that?”

“That’s what we aim to find out,” Chess
Miller said. “(Come on, sheriff. Let’s go see
the Smiths.” .

As they drove into the former Bolton
farm. both men noticed the place had lost
its trim appearance. The barn needed paint.
A hinge on the front gate had been broken
and replaced by an old scrap of leather,
but the fields were carefully tended.

Pruitt knocked at the door, and an at-
tractive blond woman in her thirties an-
swered.

“We're looking for. Lee Smith, ma'am. Is
he around ?”

The woman smiled graciously. “You'll

find him either in the barn or the field be- .

hind it. ’m Mrs. Smith. Could I help?”

“We'll find your husband, thanks.” Pruitt
turned and then swung back. “You folks
get the Douglas paper ?”’

Without any hesitation the woman an-
swered, “No.” :

As the two officers tramped down the
road to the barn, Miller said, “There’s your
answer, Ivy. That’s why the Smiths didn’t
come in and identify our dead man.”

Lee Albert Smith, a big, bluff, hearty man

Ann eentnn and 12 ready emile. was

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t

‘tinkering with some farm machinery in
barn. Pruitt judged

old. In his characte
the sheriff of Coch
the matter at hand.

ast Saturday out of Dou
o you know about it?”
The

Smith’s face. His mouth

“Ed Miller worked for you, didn’t he
“Yes. Sure, of course. Why ?”

“Somebody killed him last Saturday.”
The farmer fou

self. Finally he
gone to Salt Lake.”
“When did he go?”
“Saturday morning.
hauled him into Douglas
the stage.” -°

“Well, he didn’t take ig
flatly. “He was murdered some
day afternoon or evening.”
+| handed the gr
' corpse to Smith.

e farmer looked at the picture, then sa
down very suddenly on the spring seat o
;» | a disk plow. When
sheriff there was terror in his eyes.
“Who done it?” he asked.

“I was fixin

Miller interrupted,
“hated him enough to cut his throat.”

Lee Smith nodded. “I: reckon I can talk
to you, can’t [?”
Pruitt, whose patience w

as rapidly being
exhausted, said, “That’s

why we're here.”
MITH BEGAN, “

~* a ways. Three yea
fit in Albuquerque

Well, I got to go back
fs ago a farm loan out-
foreclosed on a feller’s
farm near Hot Springs. Then they put Ed
on the farm to run it. Folks that lost it-—
fellow named Jenks, his two sons and his
daughter—they took it pretty hard. They
got to thinking Ed was responsible. The
boys ganged up on Ed and give him a beat-
ing about a year back. Less than six months
ago, the daughter worked him over with a
buggy whip. The Jenkses told it around

they were going to kill him. That’s why Ed
come down here.”

“You think they might have followed
him?” Pruitt asked

“Well, it could be.”

_ When you took him té the stage sta-
tion Saturday morning, did he have any
baggage?” nies

“Yep. Had an old straw suitcase.”
ae much money did he have?”
ct)

e had $50. It was kind of a loan from
us, an advance in his salar

posed to come hack and
harvest this fall.”

“Why would he go clear to Salt Lake,”
Chess Miller asked, “to see a doctor?”

“Well, this doctor’s name was Wiltbank.
Used to doctor Ed and his folks over in:
New Mexico. And Ed’s been having these
dizzy spells. Friday he had one that took
him pretty bad. Nothing would do him but
he start the next day for Salt Lake.”

“Did he ever have any trouble with any-
| one around here?”

|. “No, sir. This thing has hit me pretty
it It’s almost like losing my own boy.
| ire go see them Jenkses if I was you.”

-Ve're going,” Pruitt ‘promised grimly.
On the drive in

to Douglas, Pruitt and
Deputy Miller discussed the newest develop-
ment in the case. =
“We'll light out for Hot Springs right to
away,” Pruitt said, “but

there is one angle
that bothers me. If Miller left that farm

r J

y. He was sup-
help with the

ristically direct. fashion,
ise County plunged into

“Your hired man, Miller, was murdered

jovial good humor drained from
dropped open in
amazement. ““‘What’s thet?”

ght to gain control of him-
said, “Couldn’t be Ed. He’s.

Me and my boy
so he could catch

Pruitt said -p;
time Satur-
The | sheriff
uesome photograph of the

he looked up at the

g to ask you that. You knew

- cause I used to be a veterinarian.”

got two tractor ti

so I figured Ed
them.”

Whoever had th

off his dead body. Ca
men ?” :

height and husky. The o
younger

of a lean face. T

clothes and neither one of them had a coat.
Thei

older than yours.”

tenant houses down there. They come up

saw them?”

the with only $50, how come he had~
him to be about 60 years h

“A sick man on his way to-the docto

y gambling when h
he was going to
go to Agua Prieta f

?”. tina ?”

Sunday
who pr
trouble

Where can we fin
uitt asked.

“If you'd come a w

have found the boys in jail. Turned them

out last Sunday. The old man and the girl
have moved north,”

t “If you had the boys in jail fast week, that
f kind of removes them from our list,” Pruitt
said.

“We had ’em. And the girl and her father

were in my office Saturday afternoon. Came
ina? down here to get them out.”
am. : The officer’s words cleared the enkses of
_Smith nodded. “I say I knew him. Known = ayy suspicion. J
him off and on for. 20 years. He was raised “Well, you ruined what might have been a
right out of Hot Springs where we far med. good tead,” Pruitt said with disappointment.
yeas boy. Good hand too. Everybody liked “While we're here we might as well find
um, t_ some more about Miller.”
“Well, somebody,”

‘His neighbors might be helpful. You'll
find his place about three miles north on the
main highway. Look for a big yellow barn |
and a water tank surrounded by cotton-
woods. There is folks

living on both sides.”

As they drove north, Miller said. “Well,
we're right back where we started.”
___ They found the dead man’s home without
difficulty. As they drove into the yard, a
‘man came out of the house next door and
walked forward to greet them.

“You fellows back again?” he asked.

“How do you mean that?” Pruitt de-
manded. ‘ :

“Wasn’t you here last Sunday? No, I
see now it. wasn’t you. Feller about your
size, though, driving a blue car with Arizona
plates, and another guy: with him.”

“You know Ed Miller >”

“Sure, that’s his house there. These’ fel-

lows had the keys. They went inside and
carried out a lot of stuff. Ed’s down in

Arizona and I figured he sent them after
it.’

Pruitt leaned forward. “What’s your
naine, mister?”

“Free, Doc Free. Folks call me Doc be-
“You say these people got some stuff
last Sunday ?”

“That’s right. I
radio and a couple
They they went

saw them carry out Ed's
of: saddles and his guns.
down to’ the barn and
res. They had the keys
must have given them to

“Ed Miller was murdered last Saturday.

e keys probably took them

n you describe these
Free stared. “Well, one was about your _
ther fellow was *
, hot more than 24 or 25. Had kind .

hey were dressed in old-

r car was a blue Buick about four years
“Anyone else see them here ?”
“Two farmhands of mine that live in

the house to get water. They saw them.”

“Could you recognize these men if you

Who was the thin-faced
ook him out of that can

morning they contacted local officers’
omptly verified Smith’s story of the

between the Jenks family and Ed
Miller. 2). . ; sg

d the Jenkses: now 2?”

eek earlier, you would

| ‘reckon they killed Ed?”
e . You reckon they
ao eee did. wee = oe ey a
isbee. next wee
come to Bis nex , ;
them.” :
ee ed Meee on, fe pale Il let.
tk shen eed you, : ie
ie roel ae foek in the car, oe
A ° 4“ ith.” : ; ‘
oo ad ee “That’s right, Cor
i cee tie his story yesterday, ae ae
ae ht to check it before we ae
Th arr two reasons for cutting
ey ;

Ch Mill d 4 | S it! ? { “es

i h the
iously through | ees
and ee and the car,” Pruit |
! wip-
nee came forward to ace hae aoe
: "Wie hands on a piece : a ag ae 3
sheriff Just caning He eis ae his
Se test ne
b aad Doe the farmer could protest
e

* “gy
the meaning of | this ?”

d
: Smith. You an
oti a ae last Saturday

i led prison-
ADED his manac a
pe ee seat of his car. : se te
ad’ Miller went down to inspec
a

ee farmer and his son had been scrubbing

‘+h some brand of odorous

ap Lana | wr ‘5 section of ee ek

Se ee had been cut out by a

tat de. > =" a se

at Rees they killed ant ae
ee ad exuberantly. “They a sabi

ee ried about the stain. 1 li - se

oe DS aipan We can go over !

car as 2

”
we have more time.

i 1
15, the big stee
Cot "jail clanged ae ae
- ‘th and his son, John ee ero
am morning Pruitt beg on
ere eee The father ie hare
Ag . : nothing. more.
punted tet nce And the son vigorously
i i $ - «
nmocence. Se
Dees ied en to think it piel ee He
filer and Stewart went aoe a Ga ihe
Me = arage to inspect the : ne aay
to compartinent Fate conspicuous'y
i claws
raed eecine space she ea me le
had been neglected. Pruitt ped nails
ha to the light and pointed ee ee
ean in the crevice. rl He
sid, cineca rue upholstery, the
ae ere
ewes Sere and the eS ae
opeed to the University of Ar : :
shinee for chemical analysis. sae Set
Sh rt after noon Tuesday, a Me ee
mart by the jailer that he wal poe
sen 4 : - :
s ee he said when Pruitt. page
“mM father killed him. We — a ine
eee Douglas. Ed Sigal eeu Head he
tty $
ne aa on that he had told oe |
the steers.” hte ee:
se ¢ j =
One ed bat a dozen Ewo-yeat be
4. They were mortgaged ae Prerseer:
oe ‘about three weeks ane : S oe nt
to buy some mac! ee
ete aon to know about ue ae

‘ > SR
eee Kee Oe

SHOT DOWN THE VETERAN RAILROAD OFFICER IN COLD BLOOD

“You can get your directions from
the man on the water tank,” Beck-
strum told them. “That young punk
can’t have gone far.”’

The posse rode forward at a steady
lope, that space-eating pace of the
western cowhorse. It might be a long
chase, and those range-wise pursuers
had no intention of wearing out their
horses by too much speed.

I left my office in Bisbee at 8 o’clock
that morning to transport two pris-
oners to the state prison at Florence,
180 miles away. We arrived at the
prison shortly before noon. Warden
A. G. Walker met me at the gate with
news of the shooting at Bowie.

I put through a long distance tele-
phone call for Beckstrum at the bor-
der patrol office.

“We need you down here mighty
bad,” “he told me. “The posse has
been out nearly three hours looking
for the hobo that shot John. So far
they haven’t found a trace of him.
Jack Laskey’s here. So are Talley and
Grady.”

“Keep plugging,” I told him. “I’ll be
there to help out as soon as I can
make it.”

Visits Wounded Friend

Jack Laskey, one of my deputies, is
stationed at Douglas. Horace Grady
was the sheriff of Greenlee County
with headquarters at Clifton, and
Hugh Talley was sheriff of Graham
County with headquarters at Safford.
Both Safford and Clifton are closer
than Bisbee to Bowie.

As a special officer for the railroad
in my county, Bradbury held his com-

Deputy B. H. Baker exhibits the big .45

with which Officer Bradbury was shot.

mission under me. I’d known him for
ten years. We were close personal
friends.

I drove to Tucson. They’d told me
John was in the railroad hospital and
I wanted to see him.

I talked with the
They’d taken out the slug, and they
hinted that John didn’t have much of
a chance. They said it would be all
right for me to go in and see him.

He was conscious when I entered
the room, and he tried to smile. “I
figured you’d come, Ivy,” he said
weakly.

What can you say to a man who is
dying, a man you've known for a long
spell and worked with and liked, to a
man who has been your friend?

I couldn’t think of anything to say.
I guess he knew what was going

doctors first.

through my mind. He held out his
hand. “It isn’t so bad, Ivy. Only when
I think of all the really tight spots I
have been in, and then to get thrown
by that little punk.”

“Tl get him, John.”

“I know you will, Ivy.”

It was an effort for him to talk. |
stayed a little longer and then the
nurse came in and chased me out.

It was dark when I reached Bowie.
Laskey, Grady, Talley and Beckstrum
were waiting for me in the border
patrol office.

“He slipped away from us some-
how,” Beckstrum said. “The last of
the posse came in about two hours
ago.’ He pointed to a pile of articles
on the desk and to a suitcase in one
corner. “We found the suitcase in the
car they rode in on. That other stuff

ARIZONA’S GAS CHAMBER AWAITED THE CALLOUS KILLER WHO

eyes shifted before the officer’s steady
gaze, His smooth-shaven cheeks were
pale. ’ :

The railroad policeman recognized
that pallor. The kid had recently done
time somewhere. The indelible stamp
that prison leaves on men was un-
mistakable.

“How far did you ride this train?”

“From Lordsburg.” The boy who
answered had light blond hair, watery
blue eyes, and big ears. He spoke
without moving his lips:

The third member of the trio was
perhaps 25, Bradbury judged; he was
short and stocky with black curly
hair.

“Where were you.riding?”

The blond youth jerked his head
toward an empty boxcar. “In that
deluxe Pullman, copper.”

Bradbury stepped up to the brown-
haired younger boy and ran experi-
enced hands over his clothes. “We'll
just see what you're carrying,” he
said. ais

Beckstrum kept his distance, mov-
ing to one side where he could follow
the actions of all three youths.

Bradbury’s hands moved down-
ward. There was nothing in the front
pockets of the kid’s dirty black trou-
sers. He reached behind, and his
hands struck something hard and
unyielding. ‘The boy stiffened.

The railroad officer thrust his fin-
gers into the right hip pocket, and
dragged out a heavy leather bag filled
with shot or iron filings. There was
a loop of rawhide around the middle.
He shook the blackjack in front of
the kid’s eyes.

“Fixing to get in trouble again, are
you? Out less than a month, by the
color of your face, and you're already
carrying a blackjack.”

Bradbury’s eyes grew hard with
contempt: He glanced at the youth’s
two traveling companions. Vicious
kids who had taken the wrong turn.
He knew their type. On the bum now,
they’d be in and out.of prison for the
rest of their lives. “Start talking,” he
growled. “Where did you get it?”

Pal Pulls a Gun

The brown-eyed kid shifted his
weight uneasily from one foot to the
other. He glanced at his friends as
though seeking support, or perhaps
a tipoff on what to say or do.

Bradbury twirled the heavy black-
jack on its rawhide loop. “I ought to
wear this out on you,” he said.

The short, stocky hobo began to
edge away. The blond stepped for-
ward. “Look, copper, where he got it
is his own business,” he snarled.
“Can’t a man carry something for
self-protection?”

The blond young man was close
now. The bodies of Bradbury and the
possessor of the blackjack were be-
tween him and Beckstrum.

Bradbury swung slightly to meet
this aggressor.

“You can’t carry anything like this
for self-protection and you know it,”
he said sternly.

“Maybe this is better.” The blond
kid’s right hand whipped out from
beneath his jacket. In his fingers was
clénched a big .45. His lips twisted in
a sneer and his eyes blazed with
hatred. The muzzle of the gun
steadied, and he squeezed the trigger.

Bradbury lunged forward. He tried
to swing the blackjack, but the slug.
from the .45 ploughed into his shoul-
der and twisted his body. The blond
kid fired again.

Beckstrum jerked his own heavy
service revolver from its Sam Browne
belt holster. The blackjack’s owner
was charging toward him. The border
patrolman’s first shot caught the kid
in the belly and felled him.

The blond hobo gunman turned his
fire on Beckstrum. His first shot cut
a patch from the border patrolman’s
coat.

Beckstrum fired and missed.

The hobo was backing off. He fired
a second shot. It burned past Beck-
strum’s cheek. The border patrolman
walked forward, firing from the hip.

The blond gunman started to re-
treat. Beckstrum raised his gun, lev-
eled the sights, and twice squeezed
the trigger. He was sure he couldn’t

miss at that distance. But he did—_
' and the kid was still running.

As suddenly as it had started, the
gunfire stopped. The blond hobo
dropped his empty gun ‘and raced
down the ties past the eastern bound-
ary of the yard limits. \

Beckstrum broke open his own re-
volver, ejected the empty shells and
reloaded. Then he steadied the barrel
on his left arm and opened fire again,
but the distance was too great for
accurate shooting with a hand weapon.

The border patrolman holstered his
smoking gun and dropped to his knees
beside Bradbury. The special officer
was still breathing.

One Hobo Dead

Beckstrum glanced -around. The
brown-haired hobo was motionless
where he had fallen. The stocky
youth had vanished when the shoot-
ing started. Then the officer heard the
sound of running feet. The brakeman,
conductor and two yardmen rounded
the caboose of the halted freight.

Beckstrum quickly explained what
had happened. “Two of you fellows
carry John up to the station plat-

form,” he urged. “We've got to get
him to a doctor quick.” He pointed to
one of the yardmen. “You climb the
water tower. The guy who shot John
was running east. He can’t get far on
foot. Keep him in sight as long as
possible, and try to mark which way
he goes.”

The border patrolman leaned over
the body of the brown-haired boy.
“This one’s dead. We can come back
for him later,” he said.

The nearest hospital was in Tucson,
100 miles to the west. At Beckstrum’s
suggestion, the stationmaster’ tele-
graphed news of the shooting to the
Tucson railroad divisional head-
quarters.

An engine in the Bowie yards was
hooked to a caboose. The Tucson dis-
patcher cleared the main line, and
less than ten minutes after the shoot-
ing the bobtailed special pulled out
and raced west, carrying the desper-
ately wounded railroad officer.

Beckstrum drove into town. Bowie
is in northern Cochise County, nearly:
100 miles from the county seat at
Bisbee. The border patrolman knew
he would need plenty of help to catch
the perpetrator of the unprovoked
assault on John Bradbury.

Word of the shooting in the rail-
road yards had already reached the
little cowtown. Beckstrum had no
difficulty in organizing a mounted
posse to take up the pursuit. Three
cowboys from the Cross Circle Box
ranch were the first to volunteer their
services. Shortly after 9:30, eight
armed men rode determinedly east-
ward out along the tracks.

County Attorney Frank E. Thomas prose-
cuted young Sullivan for the crime.

HEADLINE DETECTIVE

IKE A hungry calf nestling beside its mother on the

4 range, the little city of Bowie, Ariz., clings to the main

line of the Southern Pacific Railroad. Giant locomo-

ves westward bound up through the San Simon valley

pause in the Bowie yards for water. Fat cattle from ‘the
Sulphur Springs range pack the shipping pers.

At 9:10 on the morning of March 13, 1935, 43-year-old
John Bradbury stepped to the front door of his comfort-
able little cottage, shielded his eyes against the bright
desert sun, and stared anxiously down the right-of-wa)

. Bradbury was a special officer for the railroad.

A double-headed freight was crawling slowly over the
switching frogs and onto one of the sidings near the eastern
yard limits.

The railroad policeman, a blue-eyed six-footer with 20
years’ experience as a peace officer, was in his shirtsleeves.
His feet were encased in worn bedroom slippers. Inside
the house his breakfast was waiting

Intuition, a hunch there was trouble somewhere, brought
Bradbury to his porch. In recent months there had been
an epidemic of car looting on the Tucson-Lordsburg divi-
sion by hobos who boarded the trains at lonely sidings or
on the steep grades. Les ;

The cash value of the articles stolen was not high, but
the one-time sheriff of Greenlee County in eastern Arizona

had a keen sense of responsibility. He was determined to -

stop the thefts.

His sharp eyes picked out the train crew of the freight
nearly a mile away. A water tender lowered the tower
spout to one of the two big tanks behind the first engine.
The conductor walked stiffly toward the station to pick up

his orders. Then Bradbury saw three figures drop to the

ground from the open door of a box-car.

The blond gunman, his trackers
learned, had been paroled from
the Colorado state penitentiary.

of Cochise County, Ariz.,

back of the neck ‘
cord and killed
iately,” he said.
is face undoubt-

_-«ne murder of

; ; “pssbesalegis fr but
as, remained unsolved.
BY SHERIFF I. V. PRUITT de in the case were shifted
tails and the crime slowly

to the background.

But not from memory. The file of
Jocko Weinberg remained open, and
Moffet went about his daily tasks
always on the alert for a lead to the

“Whitey” Peller wanted the East Side
dope traffic for himself. He warned
Jocko against stealing his customers.

iN, Jack, white, gassed Ariz. (Gochise) 5-15-1936

Sixty seconds later he was iM his
He hadn't taken time

He didn’t hesitate.
automobile headed for the yards.
to get a gun or change his footgea!

As he raced down Bowie’s single main street he saw the
familiar figure of United States Border Patrolman, Pete °
Beckstrum on the sidewalk in front of the Cattlemen’s
National Bank.

Bradbury swung into the curb. “Got a minute, Pete?”
\

Bears Prison Stamp

“Sure. What's the trouble?”

“Three hobos just climbed off that freight in the yard
I’m going to shake them down.”

Beckstrum noted that the railroad officer was unarmed.

“Where’s your gun?”

Bradbury grinned. “1 figured on doing this job alone.
I didn’t want a gun handy where one of those punks
could grab it.”

The border patrolman got
pointed the nose of his car
toward the siding.

“There they are,” Beckstrum said, indicating three men
standing just off the right-of-way near the end of the train. ~ “3

Bradbury braked the car to a stop and stepped out. yi
“]’]] search them, Pete,” he said. “You back me up.” oe

He strode forward purposefully. The border patrolman a
followed a few feet behind. x

The three train riders looked up ‘as the officers ap-
proached. They made no move to flee, but waited, sullen
and defiant.

As Bradbury drew near he realized they were just kids.
The nearest, one didn’t look to be over 19. His straight
brown hair needed cutting. He was of slight build. His

J ee ae ae MEE

in and the railroad officer
down past the cattle pens

3
‘

—_ ~ cS
went *

P. oc 4

get

—_

a man with a

\S
shooting 4 sheritt

acre

This official photo shows”
John Sullivan awaiting his
death by gas, the stetho- _
scope taped over his heart. ~

Haale 1
alae iro, AANPRREERE, oP E|
na to Miss Blanche
he secretary of the
nos Christian assoeclation,
) cocantest events that
tr the recent history o¢

“orneon and evening u
or The most aetive so-
ef the citv passed

cy
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sews AA 88S UL

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to welcome to
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shom so much good

<" , eee ‘ht
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T's card oo arectorg of the asso-
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24h (‘SIN SERS saa ees ees we eee hadlinad

“With Vollalobos' execution today.
six hangings wl have occurred
Florence, thosm@prtor to the six
ing taken place {in the old territorial

ati
hav:

|
|

prison at Yuma which was abandoned —

upon the completion of the new Flo-
rence penitentiary.

Te government has performed one
execution in Arizona since Arizona be-
came a state. This was the hanging

of William Stewart, which occurred
in the Gila county jail yard at Globe, |

owing to refusal of the state govern-
ment to allow the hanging to occur tn
Florence prison.

Stewart was hanged for committing
murder on a government reservation
near Globe. His partner, John Good.
win was hanged on December 4, 1911,
two and one-half months before Ari-
zona hecame a=_e «state. Stewart's
hanging occurred a year ago last
spring,

The Villalobos case had its hbegin-
ning on August 19, 1914, when Villalo-
bos and Pete Smith stole a horse at
Ray, Pinal county. Deputy Sheriff
Phin Brown and Willlam Langtry, a
boy, went in pursuit, and Brown was
slain by Villalobos hiding behind a big
boulder.

Langtry fled up Devil’s Canyon,
and the two, having taken possession
of the dead deputy’s horse, pursued
him, overtaking -him and_ shooting
him. Two other poys, Frank Pacon
and Earl Miller, who happened along
on their way to a swimming hole,
were then slain by Villalobos and
Smith.

A posse was formed and Smith was
killed, Villalobos escaping with a
wounded leg and being captured sevy-
eral weeks kater in Clifton.

Fight for Life.

On Oct. 24, 1914, Villalobos was sen-
tenced by Judge, J. E. O'Conner of
Pinal county to hang on January 8,
1915. Warden R. B. Sims refused to
carry out the execution on the grouna
that the new pardon board, had not
organized up to that time.

Judge O. E. Baughn followed Judge |

O'Connotf on the Pinal bench and on

‘May 27, 1915, two days before Villa-

lobos wag to hang with the other four
Mexicans on ‘*‘"y 29, Attorneys G. M.
Allén and Stephen H. Abbey of Flo-
rence gave notice of appeal, on the
ground that Villalobos had never been
told by his former counsel of his con-
stitutional or statutory rights of an
appeal.

Even though Villalobos did appeal,
he would not have hanged on May 28,
for on that day he and four other Mex.
icans were saved from the gallows
through thes mediation of Secretary
of State W. J. Bryan.

In September the state
court declared Villalobos’s appeal
“frivolous,” and the court get his ex:
ecution date for Dec. 10.

There are 11 other men under sen-
tanca nf danth in Arigonea. ‘

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1h En sale RO ml BS A” Nang Astaire Me

HOO for tie murder Oli state capitol . oF Oe avon attaa tee
Wenuty Shere Phin Brown lie was Kreg by an enthuaaatle tater ivade typ the atate tea!
oral eae cucust O14 crowd at the Plation and wae Jaudly. cg tte bnited
QE TUN, TIE cutie eeeg: ts . LCheered and applauded an he drove.
The drop was sprung at} to bia hates :

4 i Cr Wi , The clear, cool weather enticed | Itrittel re atite wie
30), and the inurderet WW AS him outdoors and he walked through : eee *

Kreatly, the mabe toy wages:

Staufea hao
atul, by tre reamed jae eta rt bet

further frat cdg cm wer

° i
z Te | dea d { er, the wilalnienn atreets. He 788 +r hapaiivr® af oo goenla | aeire.t P
ronoul : : ‘ quickly recognized and waa followed | shipped fren Clr bother hes 4
minutes later, by a great crowd. |

. neutral porta
Villalobos walked to the He bowed and amied to the peo | Jle denied that Great birttacn a5

: : dle, and spoke for aome minutes), nA the gionnd Hf-tun
death chamber with a firm with an ceighty-yoarod Jad-, who. | Gruen talvett by the Tontted fi atee

: VY\step repeating after the ;on meeting thie party, recognized | the time of the civil war

4 ; J de” tape oan ithe chief executive, mada a Httle| ba cusharkinnd Chat Che. retatl ne

e priest a brie SUPPHCATION | bow and exclaimed: “Hlesa my AOL. ween the tee conntries have grew
for mercy {f it isn’t the president.” % :

bie, te ik his place with lit eRe Fe cay Mor Wey ote ee
C TOOK S ACE “'prealdent waa met by Httle Flor! ; a

: | sticy of Great britain

—tle assistanee, and main- | ence Smith who-was selling flowers to at Germany alee away

It it} ral hi ; Innocence until re Se Sh. Franc ig, Weweeies...ama l hee been our friend and that man
ALLO’ 5 ; Cc | The girl expected to preaent a; gmericane love that country on'y oe

ond to thetr own

much clomer in the fagt lot pears ctuah
ping, “but we ate mot yet a cle perth

the plack eap was adjusted | lower to the president but, when‘

: aes ——— jhe learned her misaton, he gave
and the signal waS £1VeN her a allver coin and placed the

which silenced him forever.' Mower in the lapel of hie coat. | COMMISSION PROTESTS
Just before the execution ° Columbus suffragiata gent a ae The city commisal.a mes ta.
i {

Cp ween te

? ~mificent bouquet of fosea with alis) geasion thle afternoon at.
the condemned man re-jcard raying a te A local attra" ovclock A freaolufion wae veal
4 ‘ so . ‘fista supportes © Susan ho mone aaa oroteeting again
quested all the officials CO: thony constitutional amendment forjena rantite Se
eome Wto his cell and te]] nation-wide woman. suffraxe. btranet letwnen Che Heetariae nat
; he | Preparednesa on the part of buat vee and the Pa!
him wood yN eC, ‘ness men to mobilize the resources of trie ecampany for elec’ teal perw
The Spanish Alliance SO- 1 ine Fation ag a mearure of national | Copy of the reaciation woe crter
. ' = defer..se was urged today by Presi. |
clety of Florence will take: gent Wieon
charge of the body. Villa-'

lobos had no relatives in the

thea ant Bs

pment to the eecretary of the citer |
addressing a On Parth) | Congresaman fiavden net senate
fan audience of 1100 at the Chamber! gayien ant Ashoret

of Commerce luncheon. 7

oy \ His words were given added alantf.
United states, cance by the disputes now pending | NEW EVIDENCE FOUND
Gren tehigde the United States and Ger dviietig iw ea .
many and Austria, smmaies (Agsegiated Prees) oi
A Losing Fight. He dwelt on the need of ships tof NEW YORK. Pee oe Can

When the drop was sprung at the} carry the commerce of the nation, and | States Attorney Marehas ented team
state penitentiary at Florence at 3.05], now banking Inw as an ald to for | (bat the arand fury investigating t
this afternoon and Raman Villalobos elgn commerce Fle criticized the pol. alleged activides of Frana Von R
swung away into eternity a period Icy of protection. teleyg in Inatigating «atrikea ta me
was placed to one of the most re-| “Pho president declared that If the | fons factories would feconvene as
Markable battles for a “cause’’ that United States preserves {ta self. pos. week He declared a maas af ai
has ever been waged In the United | session in the present criaia it wilt {evidence had beca vbtalned whieh
States. have great onfluence in recoustruct. | is understood will implicate mem ss

For nearly four years the oppon- Ing the peaceful course of the world | of the conaular staffs of Germany &

ents of capital punishment have been | ang paging the nations together. Austria
able to stave off the infliction of the . oO : np ie ————
death penalty, and only after: every
resource known to the law had been BELATED NEWS QGARCH eli enA
availed of was the black cap adjusted
7 (Agpeciated Mreae)
over the head of the Mexican slaye (Associated Prose) ' hAN. Porta Rica, Use tf
of Deputy Sheriff Phin Brown. CLINTON, Ja., Dee. 10.-—Word that BAN JUAN, Porto

Farly in the day it was acknow-|the McMillin Arctie expedition in| Four blank yi ues oe tee
ledged that there was small likihood] North Greenland waa in Kood cond! fired by ihe = .marieen atean
of further intersention and the finish-|tlon in Avril and wag amply provie: jin holding up tbe We
Ing touches were put upon the grew-|foned for .aother year ta vontatned tu | Cease vara Conan (8 anid
some preliminartes. a detter to Mra. Jorome Lee Allen of | ant boarded Dt ‘ ali subjecte

The execution wag well handled ana | Maquoketa, Ia. from her huaband, wes ordered ‘at = evra frees one
‘ere were no hitches in the proceed- whew Les the wiroless operator of the er ¥ = — & dail eas as
ings, expedition, When the letter wan) tess thm foe’ 8 AME UUM ®

Villalobos met his death bravely,{ written the party had Juat received | gess begiasud om ses O)
maintaining h's innocence to the end.| word of the begianing of the Kuropeas — ..

‘There were few witnesses outside] War. (TALIA) DAFEA”
of prison offictals; the attending o = ; adpenecnane:

Priest; a couple of newspaper men, _? nad ; oe 7
and = Asaistant Attorney General ARE RECALLED penn’ “bee be porte te
force Hlarben who represented the (Assaciat Prees) Constentinopie oa ng * sfaaah
attorney general's office—15 In all. | WASHINGTON, Deo, 10.—(erman | Senudal trthe 20 abr ons

a Pe > oe, oe

Tha 2 ies... wmkén ek. Deane ae. ee wi ewe et cet gg gt PR et th me ahia a. thave aeons? . of ‘Prt:

*
>
,%

jays we simply ask at any
core for ‘‘Wyeth’s Sage and Sul-
Compound.” You will get a large

tie for about 50 cents. Everybody
es this old, famous recipe, because
one can possibly tell that you dark-
- your hair, as it does it so nat-
ones and evenly. You dampen a
‘© or soft brush with it and draw

| through your hair, taking one
sie strand at a time; by morning
cate ray hair disappears, and after an-
ere applitation or two, your hair be-
aes beautifully dark, thick and

wi r.
giosey and you look years younge

GIMESE RULER

NGS FOR HOME

A lated Press)
PEKING. fies. 10.—President Yuan

+4 : : himself the

tkai fancifully styles
Seana of the Hang river. His
country home is on that stream at

Anvange !n the province of Honan,
about three hundred miles south of
Peking. It was there that he spent
his three vears of enforced _ retire-
ment before the outbreak of the rev-
olution. In his hours of leisure he
a d himself with. photography and
{ many pictures of the various
scenes about his country home.

A few days ago, in the heat of
the controversy which has been
waged over the monarchical move-

ment, the president turned to these
pictures wl¥ch recalled the peaceful
days preceding his elevation to the
head of the government. He wrote
a note styled “A Rustic Reminis-
cence.” This was translated by one
of his friends, who made it public.
The translation jis as follows:

“In the vears 1909-10, I wags living
at Anyang to recuperate my health
A garden was laid out in the suburb
of the city and fine scenery always
kreeted my exes. [T catlead my villa
‘The Place of Prolonging One's Life,’
Rowing in a boat or walking with
cane in hand I never tired of enjoy-
ing the fine views of the garden. I
spent my days there in peace, quiet-
Mess and perfect freedom and my
life was as happy as one can imagine,

Affer the outbreak of the revolution |

In 1901, f wares compelled to abandon
th. life of ease and pleasure at the
call of duty and reluctantly assumed
this heavy responsibility of the coun.

try

_—-. a Carne ee

IEW. W, SECRETARY
WARMITY WEI COMER

| Mam Faltin and

“MuvVMA wyvaau ill ‘vtiiadl Or Ramon Villalo
bos, . speedo
Father Hert says he is convinced
that Villalobos&s, innocent of murder.
Villalobos said he slept “like a
baby last night’. He was asleep when
Father Heriz called at 6 o'clock this
morning. He ate no breakfast and
when lunch was taken to him at
noon he stated he didn't care to eat
while dying.
The condemned man made a state-
ment to the priest in which he is said
to have maintained his innocence,
Villalobos is in the condemned cell

with the death watch alone, the other

condemned men ampng whom are. Wt.

Warden R. B. Sims sald at 1 o'clock

/ that Villalobos will be the third man

to be killed ‘or the murder of Phin
Brown and that when the Yaqui In.

‘dian, who {s alleged to have been with

Villalobos is caught and killed the

public ought to fee) sure they got the
right man.

Pardon Beard Didn’t Go.

None of the members of the pardon
board went to the prison today.

Chairman Frank Trott is ill with
grip. Attorney General Wiley Jones
Stated that there was no reason why
the board should be present.

The board late yesterday reprieved

W. W. Kermeen who was to hang to. |
18 also the:

day, until Jan. 7, which

date set for the execution
Faltin.

The question of the sanity of Ker.

of William

meen and Faltin is to be determined |

before they are hanged,

Ready for the End.

Villalobos was shaved and ready for
the terrible ordeal as early as 8:30
o'clock this morning.

He was taken from the condemned
cell to the prison barber shop and
there he told other Prisoners good
bye, and appeared very cheerful. He
said he was a victim of circumstances
and that he was not guilty.

A Catholle priest remained
him during the day.

tive Mexicans and Attorneys Ab-
bey and Allen were early at the prison
fo see the members of the pardon
board all of whom are in Phoenix

and who will not be at the prison
today,

with

George Harbon, nssistant attorney. |
zeneral, is representing the attorney - }

Beneral’s office at the execution.
Story of the Crime,
Ramon Villalobos who was to be
hanged at Florence prison today ts
the first person to be ‘executed {in

Arizona by state authorities since
Arizona became
14, 1912,

The last territorial execution wax
on July 28, 1911 when Alejandro Gai.

lega, a sheepherder of Yavapat county,
was hanged.

thean

ee, a

W.-W. Kermeen, hav-.
ing been moved. out for the day.

a state on Felruary”

On July 7, 19tt. fustl

25
This vear'y collection of Bath?
have never seen a better assod.
Blanket Robe materal ina grad
Robe perfectly made—not mere
at the Christmas season Irf

$1.95, 2.95, 3.51k
-Second Floor-+4

BEACON BATH ROBE BLANK, ¢
If you like to make a |
match, and excellent va

eo ana Or
i
O UlLVE UG:

e
Get them»
1, ee
You Know what it means to gol SO
AIL the Kinds of Cloves that wit BE
are here now New atylea, with pi =
Can KO. Porfeet nervies if yout 2.
with extra sslespeople glad: tos &
before You Belacg «= KORRICK Bt

WASHABLE OAPE Gh®

novelty for Chetetrung, of

FOWNES WASHAE

a. ee ee ee ee ee ee

+ ee

UBILLOS, Martin, hanged Yuma, Arizona, 6-16-1905

Bordered in black, this invitation certainly was out of the
ordinary, Citizens receiving these were respectfully invited
to witness the hanging of the bad man of the Arizona Ter-
ritorial Prison,

/
PO tet mee. i
k in de oy bs mw pe cw a
‘ }
y.4yt ae pees 7

vn! j
“~—- ote eon anda

* indiohae
On June 16, 1905, Martin Ubillos, an inmate of the Terri-
torial Prison, was hanged for the murder of a fellow pris-
oner. Invitations were sent out to townspeople by Sheriff
Gus Livingston to witness the execution in the jail yard of
the county buildings on Madison Avenue. — poLuamus
COLLECTION

Sas a a le

Vaina, Urbyona, June G6, W905.

(iy.
* Ube Sherif of Yumat County, Urtyona, announces that
On Seclday, Zune id, 1005, ar tbe bour of o'clock a, m.,

Martin Wbillos

wilh be cxrecuted atthe jatl yard tin thte city, for tbe murder
of Simon Uldrete. Yoware respectfully tryited to witness
tbe execution. Qo ae sail
Nag eee D7 So

Sbenit

Miss Kare Marvin has taken up her residence,
with the consent of Judge Levy, at the County
Hotel for the next sixty days. Disturbing the peace
did it for Kate this ume.

Arizona Sentinel
_ September 4, 1880

YESTERDAY MORNING, at 10 o'clock, quite a
number of ladies and gentlemen were congregated
at the District Court rooms, in this city, to hear the
sentences to be pronounced against three prisoners
convicted of murder. The first to receive his sen-
tence was Canuto Soto, for... murder... The
County Jail of Yuma was designated as the ‘Terri-
torial prison... [for serving] his sentence,
/litsonu Sentinel

March 2g, 1873

RIMINALS WHO have chosen Yuma County as
C a base to hold high carnival in crime, have
evidently made a mistake in their location, The
prompt and efficient action of the court at the late
session gives the good people some hope that their
lives and property may be protected by the laws
of the Territory. Let the good work go on, and
when criminals understand that to a reasonable
certainty punishment will follow the commission
of ‘crime, just in that proportion criminal business
will diminish.

Arizona Citizen
April ty, 1873

Tucson — Fes. 11.— (bills that have passed the
legislature) A bill fixing the penitentiary at Yuma
with an appropriation of $25,000 for buildings,
providing for management, ete.
Arizona Sentinel
February 13, 1575

Excly Yuma” Comer Brinctokagy

eres

the morning paper Manciet had been
reading.

“Captain, I hate like the very devil
to cause trouble in the house but I hon-
estly believe your man is here,” de-
clared Manciet. He went on to ex-
plain that about 7:30 the evening
before a “light complexioned,
scrawny youth” applied for a room
and paid his night’s lodging. He
thought it seemed strange that this
youth, apparently a hitch-hiker, could
afford to put up in a first class hostel-

ry.

“And, Captain, you should have
seen him in the dining room! He
called for several orders of salad and
during the meal he seemed extremely
nervous. He repeatedly placed his uni-
form cap on his head then he would
remove it. After leaving the dining
room he loitered about the lobby for
some time. He stayed around here un-
til he must have realized that he was
the object of curiosity, so he finally
retired to his room.”

Years as an officer had made Wil-
banks catious. It sounded as though
he had the right man, but he had to be
sure. Quickly he sent two officers for
the mining man who had given the
youth a ride into Tucson. He needed
his help to identify this newest sus-
pect.

Soon Burke and Robinson were
back in the lobby with the driver of
the Packard coupe who had be-

‘friended the hitch-hiker.

Then Manciet led the way to the
suspect’s room.

Wilbanks placed one man on the
fire escape while the rest of the offi-
cers went to his door and knocked vi-
olently. Tensely they waited but there
was no answer. They called several
times and shook the door. Still no re-
sponse. Manciet produced a key and
unlocked the door.

A trembling young man _ with
sleepy eyes stood up, clad in his un-
derclothing.

“Is that the fellow you picked up at
the Kensley service station and
brought into town?” Wilbanks asked.

The mining man nodded.

The captain ordered the youth to
dress. Meanwhile Burke had raised
the pillow on the bed and discovered
a .45 caliber nickel-plated and roll of
money.

“What is your name?” Wilbanks
demanded.

“George La Claire.”

“Well, you’re under arrest!”

“What for?”

Wilbanks pointed to the pistol and
the roll of money that the officers
were counting. Robinson announced
that there was $319 in the roll.
“You're arrested for having that par-
ticular three hundred and nineteen
dollars,” he replied. “Come along.”

When the party arrived at police
headquarters the prisoner was taken
into Wilbanks’ office for questioning.
He looked like a hunted creature.

With his handkerchief he kept mop-
ping the perspiration from his fore-
head. Looking around as though seek-
ing a way of escape, he braced
himself against the captain ‘s desk
while one of the officers pulled up a
chair into which he slumped.

“Now I want the truth,” Wilbanks
told him. “What is your real name?
We know that you are not George La
Claire of Nogales.”

He gulped several times and
mumbled something unintelligible.

“You murdered a man yesterday,”
Wilbanks declared suddenly.

He straightened and stared at the
captain.

“Why did you kill him?”

The monotonous question was re-
peated time after time. He was stam-
mering and perspiring but after some
effort he succeeded in gathering him-
self together. When he spoke it was
in a cool, calm voice, and he told one
of the strangest stories ever heard.

“I am George Joseph Shaughnessy
and I escaped from a boys’ reformato-
ry at Warwick, New York, on June
twenty-fourth. My foster parents live
in Albany, New York,” he said.

Wilbanks took down the phone and
called the Nogales police station. He
informed Jay Lowe, the chief of po-
lice there, that he had arrested George
Shaughnessy, the boy who stole the
pistol from the Nogales Armory.

And Shaughnessy proceeded to un-
fold his weird confession. He said he
left Nogales about 4 o’clock the af-
ternoon of July 7, 1933, and was
picked up near the outskirts of the
town by Lon Blankenship, who was
headed for Tucson. They had ridden
six miles when he drew the gun he
had stolen from the armory building
and told Blankenship to put up his
hands.

“T ordered him to stop the car and to
raise his hands. He would not do it.
He grabbed for my gun. I would not
have shot him if he had put up his

hands. I intended to rob him. I shot

him in the right side and the bullet en-
tered his right arm and pierced his
body near his heart. I again told him
to put up his hands and once more he
grabbed for the gun. I let him have it
again, and this time the bullet bored
through his left arm.”

Shaughnessy said he next ordered
Blankenship to leave the car which he
bleeding man did. Blankenship made
a last desperate effort to stand on his
feet but he slumped down alongside
the car.

“Half carrying and half dragging
him I managed to get him off the
highway. I shoved him under a barb-
wire fence and dragged him a few
yards farther into cover. I robbed him
of about three hundred and twenty-
five dollars in money and his gold
watch.

“I left him there and went back and
got into the car and drove to a house
occupied by a Mexican family. I told

the woman of the house that a man .

had been shot, accidentally. I asked
for aid and the Mexican family
agreed to help me. One of the men re-
turned to where Blankenshop lay and
aided me in bringing him to the hou-
se.”

At the house, Blankenship ad-
dressed the woman in Spanish, tell-
ing her he had been shot and robbed
and the family refused to permit
Shaughnessy to bring the wounded
main in, ordering him off the place.

“I placed Blankenship back in his
car, and drove northward on the high-
way to a point about twelve miles
north of Nogales where I turned off to
the west for about three hundred
yards and left the dying man on a pile
of rocks. He asked me not to shoot
him any more and he begged me for a
drink of water. I promised him I
would bring him first aid.

“It was a very hot day and I was
nervous and excited. I kept driving
on down the road to where I missed a
culvert and the car ran off the road. I
left orders at the gas station to fix
it—that it was my car. The gas sta-
tion man got me a ride to Tucson in a
Packard car driven by a mining man. I
fixed a flat tire for him while en
route to Tucson. I left this man when
we got in the city limits. I went to the
Santa Rita Hotel, engaged a room and
had supper. I was awakened from
my sleep in that hotel, arrested and
taken to police headquarters. I had the
stolen gun and money I took from

(continued on next page)

yi ij

ss. A A A ca tac aan:

EN ee

Arizona’s Greatest Manhunt

(continued from page 21)

and threw a cordon around the city
limits. In half an hour every man in
the police department and the men on
the state highway patrol had joined
the hunt. Sheriff John Belton, also no-
tified, rounded up all of his deputies.
In Nogales, police on both sides of the
border combed the vicinity.

The Santa Cruz county officials
scoured the desert country between
the Kinsley service station and No-
gales. The United States border patrol
and the United States customs inspec-
tors also went out to find the missing
Tucson man. It was one of the great-
est manhunts ever staged in Arizona.

_ Blackenship’s brother organized a
posse of civilians to go out into the
heavy mesquite and cactus. Armed
with rifles, shotguns, revolvers, and
canteens, they made a concerted effort
to find the missing man and his abduc-
tor. But not the slightest trace of
Blackenship could be found.

As Wilbanks left .Farrar’s office a
group of excited reporters crowded
around him.

“What have you heard? Any devel-
opments on the case?”

“Blackenship is missing,” the cap-
tain answered. “His car was found
marked with bullet holes and stained
with blood. A Tucson mining man,
driving a Packard coupe, picked up a
boy wearing soldier clothes. That boy
wrecked Blackenship’s car at the
Kinsley service station. We want that

‘boy! Spread it all over page one!”

Call after call Wilbanks made over
the phone in a desperate effort to lo-
cate the Tucson mining man. About
midnight he traced a mining man with
a Packard coupe to a Tucson hotel.

The man was out but his son readi-
ly offered to help Wilbanks find his
father after the captain had explained
the reasons for his midnight visit.

After some delay the officers finally
located the older man. Quickly they
told him what they wanted. He ad-
mitted picking up a stranded youth on
the Tucson-Nogales highway late that
afternoon but was surprised that any
suspicion should attach to his passen-
ger.

“Why, it seems impossible, Capt-
ain,” he said. “The boy I brought to
town seemed to be a nice lad. A trifle
nervous, but a well-meaning chap, I
am sure. He was dressed as a soldier

and had his gun stuck into his belt.”
He went on to explain that the boy
had told him that he was in the army
and was hurrying back to town when
he had the wreck. Further questioning
of the man gave Wilbanks a complete
description of the hitch-hiking soldier.
“That sounds like our man. Where
did you see him?” the captain asked.
“He solicited a ride at the Kinsley
service station. After we had gone a
little way he asked me what I was
going to charge for the trip and I told
him about eighty dollars, if he had it.
The boy agreed to my price and we
both laughed. A tire went flat and he

.hopped out and changed it for me.

When we got back in the car he said,
“Well, this ought to square that eighty
dollars between us.’ I agreed and
again we had a hearty laugh. I en-
joyed the kid’s company on the trip. I
let him off on South Stone Avenue
around Fifteenth Street.”

Armed with a complete description
of the boy, Wilbanks really had some-
thing definite to work on. He immedi-
ately rushed this description to all offi-
cers working on the case. He called
the newspaper office and asked them
to publish the wanted youth’s descrip-
tion in the morning issue.

A machine load of police officers

DEADLY BLONDE

and deputy sheriffs rushed to Benson,
Arizona, to check all east-bound
freight trains that had left Tucson in
the earlier part of the evening.

By this time Wilbanks felt rea-
sonably sure that Blackenship must
have met with foul play somewhere
between Nogales and the Kinsley
service station. But was he really ly-
ing somewhere on the desert or could
he be in some obscure corner of No-
gales either dead or seriously injured?

For hours the searching parties from
Pima and Santa Cruz counties tramped
through the wild underbrush. All
night long the men kept moving
through the hot desert country. False
reports came in by the dozen. Men
rushed back and forth—always on
fruitless tips. But none could be over-
looked.

With the dawn, hope of finding
Blackenship was still far off. The
morning newspaper devoted scream-
ing headlines to the Blackenship dis-
appearance. Before daybreak the
streets were filled with newsboys
shouting, “Lon Blackenship Missing,
Bloody Auto Found.” Freight trains
entering and leaving Tucson were rig-
idly inspected in an effort to find the
soldier described by the mining man.

The hunt for Blackenship and his
abductor by now had assumed state-
wide proportions. Every law enforc-
ing agency was at work. Suspicious
looking strangers were rounded up
and questioned. Questionable resorts
by the score were raided. Men were
brought in, grilled and turned loose—
no results.

Then, in the early hours of morn-
ing, came an unexpected call from
Henry Manciet, night clerk at the San-
ta Rita hotel, a highly rated commer-
cial house and noted political head-
quarters of Tucson.

“I want a word with you, Capt-
ain,” he exclaimed. “Just finished
reading the morning paper. Will you
come right over with four or five
men? There may be trouble.”

“Burke, Robinson,,” the captain
called. “We’ve got a hot tip. Call Ross
and Brady. Tell them to meet us at the
Santa Rita hotel right away.”

The night clerk had a long story to
tell. “Captain,” he broke out, “you are
looking for a young chap wearing sol-
dier clothes?”

“Yes, Lon Blackenship is missing
and we suspect a fellow answering
that description.” Wilbanks pointed to

PPR 8 oe
"s Greatest Manhunt

(continued from page 35)

Arizona

Blackenship with me at the time of
my arrest.”

Wilbanks immediately called Sher-
iff Brown of Santa Cruz county and
informed him that he had arrested the
man who murdered Lon Blankenship
and that he had signed his confession.
He told Brown to go out and find
Blankenship and gave him the ap-
proximate location where the boy
said he left the dying man.

Hurriedly, Sheriff Brown orga-
nized another posse to search for the
missing Tucson auto dealer. Quickly
the news was broadcast everywherre
in the state that Blankenship had been
shot and left without aid somewhere
on the hot desert between Nogales
and the Kinsley service station.

Officers and civilians scoured the
thick mesquite brushland in the vicini-
ty where the Blankenship car had
been found, while others formed a
circle about the district cautiously
moving through the deep black gullies
and ravines. But it was not until
hours had passed that the body of Lon
Blackenship was found. And then, by
a curious twist of fate, it was the
dead man’s brother who found it—
concealed in the underbrush of a lone-
ly canyon on a pile of rocks approxi-
mately 12 miles north of Nogales and
about 300 yards off the main high-
way.

Sheriff Brown of Santa Cruz coun-
ty removed Shaughnessy from Tucson
to the border town of Nogales, half in
_ Arizona, half in Mexico. In rapid
fire order, E. R. Thurman, Santa Cruz
county attorney filed a murder charge
against him.

On Aug. 9, 1933, a month after the
crime, Shaughnessy was. brought to
the bar and pleaded guilty before
Judge Charles L. Hardy of the Santa
Cruz Superior court.

Judge Hardy declined to pronounce
sentence that day. He held a hearing
and because the accused admitted he
was guilty the hearing went on with-
out a jury. After the judge heard the
youth’s confession he took the case
under advisement before making his
decision.

A few days later Judge Hardy sum-
moned Shaughnessy before the court
and inquired whether he had anything
to say or any legal reason for not be-
ing sentenced.

“I am guilty, your honor,” he re-

plied. “If the court can show me
mercy I will be thankful.”

But the court could find no exten-
uating circumstances whereby mercy
might be shown. It was a case of
cold-blooded murder. Shaughnessy
must hang on Dec. 27, 1933.

On Sept. 4, 1933, George Shaugh-

nessy scribbled a plea to the Arizona
board of pardons and paroles for
clemency. The Albany youth penned
«his crude note in the penitentiary
death house at Florence, Ariz.,
among the ghosts of the 24 men and
one woman who have walked up the
black iron stairs to the gallows room.

For Shaughnessy there was no
word of comfort from the Arizona
board of pardons and paroles. Un-
daunted he filed a notice of appeal in
the Supreme Court of Arizona on Oct.
23, 1933. This appeal postponed the
original date of execution but on
May 5, 1934, he was notified that the
Supreme Court of Arizona had also
failed him. The supreme court had af-
firmed the judgment of the Superior
Court of Santa Cruz county and had
set the date of execution for Friday,
July 13, 1934.

During the time that the youth was
carrying his case to the Arizona state

‘Only Murder

any

cS ESO AO en naan,

Supreme court and the parole board in
hope of gaining a commutation to life
imprisonment, the Arizona voters
changed the manner of legal execu-
tion from the hempen noose to that of
lethal gas.

An oppressive silence settled upon
the Arizona state penitentiary at dawn
on Friday, July 13, 1934, when
Shaughnessy reached the top of the
black stairs in death row. Facing
Warden A. G. Walker he said: “War.

den, I love you. May God bless you.”
‘The Albany youth made no last wish
as he entered the gas chamber.

Face thrown upward, lips moving
in prayer, he waited for the sound of
the poison pellets to strike the solution
at his feet.

Then came the signal. The 15 cy-
anide pellets dropped into the chemi-
cal solution near his chair, The gas
rose within the chamber in a gray
mist. As the shadow of death slowly
enveloped him he struggled violently
to escape his terrible fate. He pulled
and stretched the straps that bound
him to the gas throne, His face was
contorted in fear.

Then he apparently lost conscious-
ness. His head rolled from side to side
as he sank slowly into the sleep of
death. George Joseph Shaughnessy
had expiated his crime in the death
fumes of Arizona’s gas chamber. &

Can Clear Me’

(continued from Page 19)

diately identified the murderer.

“He said he’d gut and salt her like a
cod fish and he did,” wept Elisabeth.
“Oh God! If we’d only gone to the
police before!”

“Regrets are not going to help
now,” said Inspector Pierre Delmar,
a short, swarthy man with an impa-
tient, snappish manner. ”Who is this
person you accuse and where can we
find him?”

“I don’t know where you can find
him,” said Elisabeth. “His name’s
Jean Laurent.”

“Is he your sister’s lover or hus-
band?” said the inspector.

“My mother’s lover,” said Elisabeth.
“He’s seventy-three years old.”

“And he threatened to kill your sis-
ter?” said the inspector. “Why?”

“Because she was complaining to
everybody about the dirty things he
did to Bettina,” said Elisabeth.

“Who’s Bettina?” said the inspec-

tor. He was becoming confused and it
did not improve his temper.

“Marie-Odile’s daughter,” said Eli-
sabeth. “She’s in there.” She indi-
cated with her head the closed bed-
room door.

Sergeant Luc Barrodeux went to
the door and tried the handle.

“It’s locked,” he said. “Where’s the
key?”

“I threw it out the window!”
shrieked Elisabeth, suddenly becom-
ing hysterical as the full realization of
what had taken place struck her.

The hysteria was contagious. Co-
lette Brossard too began to scream
and cry.

The inspector motioned to the para-
medic still waiting in the hall ouside
the apartment.

“Take these women to the police
clinic in Arles,” he said. “They’re to
be treated for hysteria.”

(continued on next Page)

ee
put to death in the gos
chamber of the prison
from which he escaped.

tower atop the

lights stabbed through th
in somber relief the ugly, bleak
prison at Florence.

The damp stench of sweating
prison yard. Summer comes early in the
country.. Steel and concrete, fired by the
radiate heat throughout the dé

huge two-s stern cellblock
e its routine change

Corridor lights in the
the interior guard ma
a 20-year-old

flashed on as
at 10 o'clock. No. 10806, John Van Winkle,
ounty burglar, pressed against the bars of

Fite: THE guard

humans hung over the
flat, sunbaked

blazing Sun,

pray stone

Maricopa
his cell.
In the adjoining cubicle Archie Lee Short waited for the
To be caught talking after lights meant the
lilary confinement.

guard to pass.
loss of good ti
From

me credits, oF even so
long experience Short could es

otsteps. When

1 the corridor b
he corner in

ad turned t
olled off his

el bars wou

1 been mak
ition to report

May 22, 193
success OF {
“Tye been wo?
out of the corne
“Getting anyW

Id be in a pos
for the first par his scheme.
that screw, Lee,

r of his mouth.

anted two for
the main #a

way. The man’s

told him Iw
ll be with you on

we'll be on ©

e farm and
dy will stop us

» Yan Winkle jeered.

timate the guard’s

“Tl
Red.
cot, a
he had
tain of
Like
largely
under
prison
Conv
on the
that he
promise

Thre<
for the :

ae J Laavse'’ dD darren
bolish the State 's School at
‘tandolph. The wriations for
1e school were eliminated by the
ouse and reinstated by the senate.
It was expected, however, the
ommittees would have little dif-
iculty in yeaching an agreement
n this matter.
While the house hiked the per
apita apoprtionment provision*from
20 to $30 to conform with other
.gislation it had passed, the in-
rease was considered unconstitu-
onal by the senate because the
resent law set the figure at $20,
nd there. it was expected to re-
rain.

School Bill Held
The education bill, which Is the

aly_plece of legislation. that can.

iange the per capita apportion-
ent, has not been released by the
‘nate rules committee for con-
deration. It would set the per
ipita apportionment at $30, and
as amended by the house to pro-
de that the revenue should be
orived from the sales tax.
Unless the education bill is forced
it on the senate floor by two-
-irds majority of the senate mem-
ors, or by the house, the state per-
‘pita apportionment will remain
the old figure for the next bi-
inium. If forced out and defeated
e result would be the same.
The circumstance, which appear-
! likely tonight, would place the
tal of the appropriations bill for
oth government and school oper-
(Continued to Page 4, Col. 1)

[INER MAKES TRIP
ON TRUSTY BICYCLE

CONGRESS JUNCTION, March
—®)—H. H. Cloud, 80-year-old
yeling prospector” of Riverside,
Jif, eame pumping through this
lage yesterday on his trusty
ike” en route to Peeples valley,
ere he will do development work
several] claims.

Tormerly a resident of Date Creek
Yavapai county, the pioneer min-
has been making extended trips
. bicycle for the past 15 years.

t is said that at one time he com-
ted a trip from the Pacific to the
antic shore on his bicycle, carry-
- a bedroll and sleeping under the
rs.

‘loud sald he never has suffered
‘ache or a pain in his life and
cibutes his good health to cycling
1 outdoor life.

\lthough he weighs only 120
inds he is recognized as a cham-
n hard-rock miner by pioneer
zona prospectors. The story is
{ that at the age of 74 he drove
70-foot tunnel into solid rock
tle handed.

loud said yesterday he will re-
1 to Riverside when his work is_

for nim to do” here.

After the test hop this morning
Vidal said the plane eventually
would make a “pioneer test flight
between the Pacific coast and Hono-
lulu” but would not start today. He
declined to say when the Hawaii
hop would be undertaken.

-Establishment of a radio compass
system which could guide planes at
sea with the same certainty as the
guidance given surface ships or
overland planes was one of the ob-
jects of the operations, Vidal said.

He described the flights as in
preparation for “proposed regular
overseas passenger and mail serv-
ice.”

One of the mysterious elements
was the heavy load carried by the

weighing about six tons. The twin-
motored ship rose slowly under the
load at its first takeoff. On its re-
turn it was immediately reserviced
and the second flight began.

Airport attendants said the ship’s
fuel consumption was about 85 gal-
lons an hour and I{t had a speed of
160 miles an hour. On, that basis
the plane could have remained in
the air nearly 20 hours and could
have flown more than 3,000 miles.
Honolulu is 2,408 miles from here.

“Honolulu, keep your key open
and broadcast letter S,” was the re-
quest sent the beacon station as the
plane hopped off on it8 second flight.

While the big ship was In the air
this morning, Secretary of the Navy
Swanson in Washington issued per-
mits to the Pan-American Airways
for construction of landing factli-
ties on three Pacific islands on the
line of its projected transpacific
passenger route.

MASONS GIVE DANCE
AT PRESCOTT MEET

PRESCOTT, March 13.—(#}~The
social event of the current grand
lodge chapter sessions of Arizona
Masbns, convening in this city, took
place here tonight when the annual
ball of the organization was held

yin the high school auditorium.

The dance followed meetings of
the Blue lodge and Eastern Stars
held today.

The 26th annual meeting of the
past grand masters association was
held at a dinner in the Hassayampa
hotel here tonight and past grand
matrons of the organization were
guests at the home of Mrs. James
Whetstone for a dinner meeting.

As a relief from routine matters
the local chapter of Eastern Stars
presented a skit, “Direct From the
Pages of ‘80s,” this afternoon.

Members of the grand lodge and
chapters and Eastern Star will hold
final meetings here tomorrow for
installation of officers to bring the

sned.

conventions to a close.

| plane=nearly 1,600" gallons of fuel;

AAI Uesstd Li atbivacioed das cist pPrusig

all witnesses of the shooting, wert

county officers.

Bradbury was started to Tucson
by private automobile, and was
changed “hear Dragoon to an Ari-
zona Mortuary ambulance which
had been sent out from here. The
ambulance arrived here with him
about 3:30 o'clock yesterday after-
noon.

In addition to being well known
as a peace officer, Bradbury was
in the public eye in recent weeks
as a witness in the murder trial
of Mark Henry, whom a jury con-
victed last week of having slain
Bradbury's sister, Mrs. Bernice
Henry.
i—-The_intensive search being—car-
ried on by men and bloodhounds'
east of Bowie last night was paralel-
led here yesterday afternoon and
evening when’ city, county, federal
and railroad officers cooperated in
an exhaustive search of incoming,
westbound trains and automobiles.

Nearly 30 officers stopped freight
trains at Vail, 20 miles east of
here, late yesterday afternoon and
“shook down” the transient pas-
sengers, who were then concen-
trated in a single freight car,
brought to Tucson and taken to
the sheriff's office.

There the 29 men, women and
children involved were divided into
small groups, questioned and in
some cases searched, but officers
announced afterward that they
were satisfied no one connected
with the Bowle fight was in the
group.

One middle-aged transient was
detained, but officers said he was
not wanted in connection with ms
other affair.

Two automobile caravans were
also searched by motorcycle of-
ficers sent out to patrol the high-
way, and orders were given to
watch for any other suspects.

Officers said later last night that
there was little likelihood of the
sought man, Sullivan, circling about
and making his way toward Tucson
but that no efforts would be spared
to apprehend him if he should
appear to have escaped in this di-
rection.

Sullivan was described as being
about 21 to 25 years of age, weigh-
ing 140 to 180 pounds, and having
grey eyes and a light complexion.

Five local peace officers left last
night to join the posse searching
for Jack Sullivan. They were Sher-
iff John Belton, Capt. Frank Eyman
and Jesus Comacho of the police
department, Special Deputy Al
Franco and Charles Meyers, chief
special agent of the railrdad com-
pany.

A little later word was received
here that a man fitting Sullivan's
description had fled from the prem-
ises of a ranch near San Simon

when the occupant returned home.

held at Bowie last night by Cochise

‘insistence that the last rites for

-
Of sulla» nen sponsors

re benefit.

pro

ing to present one of his swords as
(Continued to Page 16, Col. 3)

CATHOLIC RITES ARE
SAID FOR BABY DOE

LEADVILLE, Colo., March 13.—
(P)—Leadville, which knew Eliza-
beth McCourt Tabor as a mistress
of wealth and as a lonely old wom-
an, said final farewell to her today.

“Baby Doe” left behind her for-
ever the high ranges cupping this;

| sprawling, unlovely mining camp. |}

She left in a plain gray metal cof-
fin, her frail, withered body gathed :
in a borrowed dress of brown crepe. :

She left behind the Matchless |
mine, idle for years, for which years
ago she had promised her dying
husband, Senator H. A. W. Tabor, to
keep—left behind, too, the padlocked
shack in which she was found dead
a week ago.

Rev. Fr. Edward L. Horgan sang
the requiem mass in the red brick
tall-steepled Annunciation church
on Poplar street, just a block above
the liquor taverns of Harrison ave-
nue.

It was chiefly at Father Horgan’s

“Baby Doe” Tabor were conducted
according to the ancient rituals of
the Catholic church.

Father Horgan was one of the few
visitors welcome at the Tabor
shack. The old woman, who in by-
gone years was the most beautiful
and best dressed woman Denver
and Leadville knew, regularly sald
her “Hall Mary” for him, running
the knots of a length of lace through
her fingers.

She told the priest she had a ros-
ary but liked the bit of amber
better.

PROBE OF UTILITIES
STRIKES NEW SNAGS

WASHINGTON, M March 13.—-(7)—
A parliamentary twist tonight had
snared, at Jeast temporarily, a sen-
ate move for an investigation of
utility company “propaganda”
against the holding company Dill,
while opponents of the latter meas-
ure mustered their forces for a
counter-attack tomorrow.

The senate, without a word of de-
bate, swiftly passed the investiga- |
tion resolution, introduced by Sen-
ator Norris (R., Neb.) and inspired
by President Roosevelt's militant
message of yesterday in which he

struck at what he called an organ- filed and

ized “propagurnda” campzign.

, bers of the citizens’ committee pa-
sue benefit committee headed by | trolled the streets with clubs and

| Harry Berger requested Gen. Persh-

tear gas bombs.
No Troops Asked

Sheriff John Miller of Contra
Costa county said he did net plan’
to ask Governor Merriam for troops.
At Sacramento both the governor
and FB Raymond Cato, chief of the
state highway patrol, declared they
had not heard of any such request.

Miller revealed he had deputized
200 Crocket citizens and 12 refinery
men and had six regular deputies
on duty here.

The sheriff also sald he had ask-
ed the state board of equalization
to close all liquor establishments
here and at Valona, a neighboring
town, during the trouble. Fred

; Stewart, “equalization”-board-mem-7 cnt-in the matter of sales quotas.} >.

ber for this district, he said, had
agreed to fave them padlocked.
Officials of the longshoremen’s
union said there was a walkout of
the sugar company warehouse em-
ployes belonging to the ILA, about
150, they sald, who quit in protect
over an election of the warehouse-
men which went against them.

The ILA charged the company
failed to keep its promise not to
electioneer among the warehouse
workers, who voted last Friday
night not to let the ILA represent
them.

STRACHEY’S ARREST
DRAWING COMMENT

WASHINGTON, March 13.—(7)—
The suddenly-ordered arrest of
Evelyn John S8t, Loe, Strachey,
British author and Marxian in-
terpreter, today stirred up a welter
of capital talk about Communists
that promised some action against
both allen and domestic reds.

But the labor department, and
{ts subordinate immigration bureau
which acted against Strachey, stead-
fastly maintained the action was
not “the first move in a drive,” |
against aliens of Communistic bent.

In other quarters, however, Sec-
retary Swanson indicated he plan-
ned a move to rid government
shipyards of red agitators. He
added he was considering filing
formal charges against 26 employes
at the navy yard here. A Dill
authorizing dismissal of government
employes for Communistie activities
carried his endorsement, he said.

The house immigration commit-
tee entered the picture, too, by
starting hearings on a bill to keep

lallens from dodging the immigra-|

tion bars by disguising themselves
as seamen. ~

Labor department officials insist-
ed Strachey’s arrest was a routine
case. Complaints against him were

seehas WULA alicu t fis, walon Cum-
mittees to consi th of the two
principal proble imely restric-
tion of foreign production and set-
ting up of sales quotas, allowing
definite percentages of world busi-
ness to producers of the various
zations.

The matter of vedovine output has
been relatively easy to iron out, so
far, it was said. Even the Canadian
companies, many of which produce
copper as a by-product of precious
metal mining, were reported no
longer to be presenting a united
front against any limitation on their
out-turn, although some still be-
eve that no restriction should be
put upon them because of the iIn-
cildental nature of thelr production.

Stumbling blocks are still pres-

however, and it is In this direction
that the principal efforts of the del-
egates will be focused in coming
sessions, it was said. e

The American copper producers
form one of the thorny problems of
the conference, since they have al-
ready agreed among themselves on
output restriction under the copper
code. A sufficlently large propor-
tion of the export market must be
left to them to makg it worth their
while to continue their curtailment
agreement, while at the same time
satisfying European producers. It
is felt by some that the Americans
must make sacrifices in their sales
quotas In the hope of securing bet-
ter world prices for the metal.

ARCHERS HAVE OWN
HUNTING PRESERVES

PORTLAND, Ore., March 13.—VP)
Heirs to the tradition of the stout
Yeomanry of Merrie England who
spitted bucks at 100 yards, Oregon
archers now have 200 square miles
of game preserve where only the
longbow and the broad arrow may
be carried and where the hiss of
a bullet and the bark of a rifle
never will be heard.

High up In the John Day country
in central Oregon is the Canyon
Creek game preserve, abounding in
lordly game. The Oregon legisla-
ture has set it aside for use only
by bowmen. It is the only state
preserve in the United States where
archery !s the one manner of hunt-
ing permitted by law.

In this vast expanse of crag, of
canyon, of narrow plain and wooded
hill, deer, bear, cougar and other
big game abound in great numbers,
and small game animals overrun the
meadows and the woods. Next fall
when the season opens, 500 or more
archers will test their longbows
of yew and their shafts of cedar.
Many enthusiasts from out of state

investigated, and war-
‘ranted his arrest, they added.

will enjoy the shooting in this
| archer's paradise.

1penetes

NEA Yee Yr. ago
Maximum temp.,. F,sscee- 83 A

an
Humidity, 5 p. m., pete. 37 i
“VOL. 94 NO. 74 EIGHTEEN PAGES TUCSON, ARIZONA, FRIDAY MORNING, MARCH 15, 1935 om

PROBE OF GAS”
PRICE ORDERED
IN LEGISLATURE

Attorney General Told
To Prosetute Firms
Of Arizona

EVIDENCE IS CITED

High-Handed Procedure of
Major Companies
Is Outlined

By TALBOT T. SMITH

PHOENIX, March 14.—
—Specific charges that
eight major of companiesnéix:
or dictate the price of gaso-
line and oil-in Arizona were
made by a sub-committee of
the house appropriations com-
mittee today and resulted in
unanimous adoption, of a reso-
lution by Van A. Reichard. of
Yavapal authorizing the at-
torney general to conduct an in-
vestigation and take such steps as
are necessary to prosecute those
criminally involved.

The resolution was substituted
for Relchard’s bill appropriating
$2500 for an investigation. He told
the house he had not pressed his
bill because it called for an appro-
priation, but that the committee had
dug up sufficient testimony to jus-
tify the attorney general in pro-
ceeding in his regular line of duty.
The resolution was introduced by
M. G. Pratt of Maricopa, James
Heron of Gila and Bernard T. Cain
of Yuma. They are the members of
the investigating committee.

The report was read to the house
in ‘support of the resolution. It
formally charges:

Control Alleged

“That, the distribution of gaso-
line in this district ls controlled by
eight distributors: that said distri-
butors fix or dictate to the retail-
er the price at which the retailer ,
must sell the public: that upon the

Nets Are Spread Over State
For Man Accused of Shooting

One Hundred Peace Officers Join Hunt as Pictures of
Jack Sullivan Are Distributed in Effort to
Find Assailant of John Bradbury

Nearly a hundred Arizona peace” officers continued their relentless
search yesterday, throughout Southern Arizona, for Jack Sullivan, trans-
cient, accused of shooting and seriously wounding John Bradbury, vet-
eran peace officer at Bowie Wednesday morning. Yesterday pictures of
Sullivan, printed from a photograph sald to be his and found in his

Wanted—

JACK SULLIVAN

CAR) OL

possessions at Bowie, were scat-
tered throughout the southern por-
tion of the state.

In the meantime, no single tran-
sient riding a freight train in south-
ern Arizona, or car traveling on
the highway, no known, hideout, but
what received a visit from armed
officers. Airplanes scouted the bar-
ren and inacessible reaches, while
transient hangouts and “jungles” in
each railroad town were examined
thoroughly.

In the meantime, Bradbury was
reported fighting for his life here
in St. Mary’s hospital, with one
gunshot wound in his stomach.
The veteran officer, a special offi-
cer for the Southern Pacific rail-
way company, with W. A. Beck-
strom of the U. S. border patrol,
were examining several transients
on a freight train at Bowie Wednes-
day mort ing.

According to report, Sullivan, one
of the transients, pulled a .45 cali-
bre revolver and threatened Brad-
bury. C. E. Vales, a companion of
Sullivan, attacked with a blackjack.
Sullivan fired twice at Bradbury,
and Beckstrom shot and downed
Vales, who died that afternoon
while being taken to Douglas for
medical treatment. Sullivan ex-
changed shots with Beckstrom, and
made his escape, while the officer
sought aid for his wounded com-
rade.

Among Sullivan's hastily discard-
ed effects were found a revolver,
some papers, and the photograph,
said to have been taken in Rock
Island, Ill. Several comrades of
Sullivan and Beckstrom positively

ISOLONS FA

identified it as Sullivan's likeness,
accordihg to Undersheriff C. S|!
Farrar, directing Pima county's por- j
tlon of the search. |

Sis TS se
: aA: ta

ING”
DIFFICULT JAM

“IN LEGISLATION

Governor Moeur i Called

Into Dispute to End _
War of Houses —

ALL PAY IS STOPPED

PHOENIX, March 14.—(?)
—Gov. B. B. Moeur was
placed in the role of media-
tor tonight to settle differ-
ences between the warring
houses of the 12th legislature.

The announcement that
committees from the senate
and house would consult with

the chief executive in an ef-|'|i

fort to break the deadlock which
has kept major legislation in the
background since noon yesterday
came late today as the lawmakets
completed the final day of the

statutory session and recessed ‘to|.-

meet again tomorrow—without pay.

If the differences, are adjusted
there is a possibility the legislators
may complete their work by Sat-
urday night without the necessity
of a special session,

Veteran members, however, wag-
ged their heads in doubt as efforts
were made to untangle one of the
most serious jams that probably ever
confronted an Arizona legislature.

Conference committees appointed
yesterday to settle differences be-
tween the house over liquor regula-
tion and the luxury tax measure
brought in reports shortly before
adjournment tonight; indicating that
some progress- might have been
made toward harmony.

Reports Lacking

No report, however, had been re-
ceived from the committees as-
signed to bring the houses together
on the general appropriations meas-
ure, which includes the per capita

wan ene Tee

Where Guns Menace Peac«

Above—The wo:
palm-covered prado ar
Cuban, capitol building (
turned into a battle gro:
federal troops opened
machine guns and rifle:
revolutionary disorders a
labor strike in Havana.

TREASURY (
BOND INTE

Few War Bonds
After Opera!
Being Prepar:

WASHINGTON, March
The treasury undertook
operation that will leave

BR ire) cee Seis A eS ay a

cena. dimen.

ey: Procedure ot
ajor Companies
Is Outlined

oo |

/ ‘By TALBOT T. SMITH

PHOENIX, March 14—
Specific. charges that
eight major oil companjegadim:
or dictate the: price of gaso-
line and.oil-in Arizona were
made by a*sub-committee of
the house appropriations com-
mittee today and resulted in
ynanimous adoption, of a reso-
jution by Van A. Reichard. of
Yavapai authorizing the at-
torney general to conduct an in-
vestigation and take such steps as
are necessary to prosecute those
criminally involved.

The resolution was substituted
for Reichard’s bill appropriating
$2500 for an investigation. He told
the house he had not pressed his
bill because it called for an appro-
priation, but that the committee had
dug up sufficient testimony to jus-
tify the attorney general in pro-
ceeding in his. regular line of duty.
The resolution was introduced by
M. G. Pratt of Maricopa, James
Heron of Gila and Bernard T. Cain
of Yuma. They are the members of
the investigating committee.

The report was read to the house
in ‘support of the resolution. - It.

. formally charges:

Control Alleged

“That, the distribution of gaso-
line In this district 1s controlled by

eight distributors: that said distri-

butors fix or dictate to the retail-
er the price at which the retailer
must sell the public; that upon the
failure of the retailer to maintain
the price fixed by the distributor,
the distributor cuts off the supply
of the retailer by refusing further
deliveries and all other distributors
in turn refuse to supply the retail-
er with gasoline.”

Hal Greer of Wickenburg is cited
as an example. The report says that
he was for four months without
gasoline. He secured - his supply
from the Continental Oil ‘company
and attempted: to maintain. the same

nix, which

price structure pe-ir Phoe

was 3 cents below that In Wicken-
burg. He testified to the committee,
says the report, that representa-
tives of Continental and Stan-
dard oil called on him together and
advised him he could get no more
gas without complying with their
price requirements, He refused and
‘attempted to buy from other com-
panies, but learned they had all
been advised by the Standard agent
not to sell or deliver to him. A
photostatic copy of that letter, sign-
ed by F. J. Paine, is in evidence in
the committee records.

Code Cited
The committee says that It In-

vestigated the NRA code and found ;

that it did not permit the fixing of

retail prices bv distributors, except

JACK SULLIVAN

CAPITOL

Facts
and

Fancies

By TALBOTT SMITH =

PHOENIX, March 14— This was
the day the legislature did not ad-
journ. Only a tenderfoot in Arizona

forecasts the weather or when a}

state legislature will quit, but there
was one sign shown tonight to this
wicked and perverse generation.
Senator Tom Collins, sometime
after 5 p. m., moved that the presi-
dent name a committee of three to
work with a like number from the
house and the governor in arrang-

ing a calendar that would permit,

adjournment by Saturday night. In-
stead of putting the motion. Presi-
dent Haldiman announced “that has
already been taken care of” He
said no more. and the exac: person

tered throughout @ por-
tion of the state.

In the meantime, Bradbury was
reported fighting for his life here
in St. Mary's hospital, with one
gunshot wound in his stomach.
The veteran officer, a special offi-
cer for the Southern Pacific rail-
way company, with W. A. Beck-
strom of the U. S. border patrol,
were examining several transients
on a freight train at Bowie Wednes-
day morting. :

Among Sullivan's hastily discard-
ed effects were found a revolver,
some papers, and the photograph,
said to have been taken in Rock
Island, Ill. Several comrades of
Sullivan and Beckstrom positively
identified it as Sullivan’s likeness,
according to Undersheriff C. S.
Farrar, directing Pima county's por-
tion of the search.

DESCRIPTION SENT
BY SAN FRANCISCO

SAN FRANCISCO, March 14—-{(4)
—D. O'Connell, chief special agent
for the Southern : Pacific railroad,
today said that he had sentgthe
chief of police at Bowie, Arizona,
a description of Jack Sullivan of
Pueblo, Colo., wanted in connection
with the shooting of a railroad spe-
cial agent at Bowie last night.

Sullivan was one of a-half-dozen
transients jn a raiJroad car ap-
| proached By Officer John Bradbury
in the Bowie yards, and was report-
ed to be the only one of the tran-
sients who had a pistol, O'Connell

Roy

said. Bradbury was _ seriously
; wounded, and one of the transients,
C. E. Vale, fatally wounded in the!
duel.

“Nearby was found a suitcase
containing a picture of Sullivan,
who also is wanted by Pueblo po-
lice on a charge of robbery,” O'Con-
nell said.

A posse, alded by airplane ob-
servers and bloodhounds, are search-
ing the Arizona hills for Sullivan.

NATIONS WORRY

AVED WAD TAT W

: session,

~
Olute =Oeossiuil itday

Saturday Night if
Fight Is Halted

PHOENIX, March 14.—(?)
—Gov. B. B. Moeur was
placed in the role of media-
tor tonight to settle differ-
ences between the warring
houses of the 12th legislature.

The announcement that
committees from the senate
and house would consult with

444i

the chief executive in an ef-}|'}}

fort to break the deadlock which
has kept major legislation in the
background since noon yesterday
came late today as the lawmakets
completed the final day of the
statutory session and recessed ‘to
meet again tomorrow—without pay.

If the differences, are adjusted
there is a possibility the legislators
may complete their work by Sat-
urday night without the necessity
of a special session.

Veteran members, however, wag-
ged their heads in doubt as efforts
were made to untangle one of the
most serious jams that probably ever
confronted an Arizona legislature.

Reports Lacking

No report, however, had been re-
ceived from the committees as-
signed to bring the houses together

on the general appropriations meas- |~

ure, which includes the per capita
school apportionment — apparently
the chief bone of contention.

Both houses concurred in the re-
ports of their committees on the
liquor bill, and the measure Is now
ready for the governor's signature.

The senate adjourned with the
conference report on the luxury tax
lying on the secretary's desk. It
had not been submitted in the
house. If the report is adopted by
both houses, another piece of major
legislation wi}l be out of the sway,

one

and adjournment sine dle that much
nearer at hand. .
Special Meet Opposed

Governor Moeur steadfastly de-
clared his opposition to a special
session.

“Iam not going to call a special
”" he declared when ques-
tioned about rumors that an extra-
ordinary session would be needed
to clear the calendars of legislation
that must be enacted. “That is, I
have no notions about one right
now.”

The governor's taxation and edu-
cation programs appear to be the
points on which the two houses dif-
fer most widely, and legislative
leaders had hopes of his counsel

: % aie ie 28 oe 21

. Acting under the cabinet’s sus-
pension of the constitution. Presi-
dent Carlos Mendieta of Cuba
threatened to establish a dictator-
ship if necessary to maintain the
government of the {island republic.

ARE DUE TODAY

Prepare for Rush of
Late Filings

State and federal {ncome taxes
for 1934 must be filed some time
today, March 15, to escape payment
of a drastic penalty for late reports.

All this week returns have been
pouring into both the federal inter-
nal revenue office, post office build-
ing, and the state tax commission
office, located in the Pima county

bringing the factions together.
&chools Are Issue

recorder’s office. as the dead line

! for tax payments approached.

INCOME, TAXES...

State and Federal Units

Above—The wor!
palm-covered prado ar:
Cuban capitol building (7
turned into a battle grox
federal troops opened
machine guns and rifles
revolutionary disorders at
labor strike in Havana.

TREASURY C!
BOND INTE

War Bonds }
After Operat
Being Prepare

WASHINGTON, March
The treasury undertook
operation that will leave :
ed but a fraction of th:
ment'’s tremendous war-t
and that fraction it was re
‘to be called for redempti
ly.

Calling In $1,933,000,00
Liberty bonds, the treasu
the completion of this
will have outstanding on
000.000 of the twenty fi
dollars in Liberty and Vi:
| nantie-tieued-dering-tre-~
‘this latter group upon
‘demption action is expec
i Jy.

Few

Savings to the «x
through a consequent re:
interest charges will to
$70,000.000, when the p
completed. Other such tr:
under the Roosevelt adm
have cut this item by som
000. carrying the grand to
proximately $118,000,000.

With the exception of

000,000 reduction, such «
| of course, have litile effec:
|, total of public debt whict
; day at $28.565.000,000, an i
| $1.512,000,000 since the {
' began.

Under President Roose.

Peet Ret pty 88 ceed ID wees

THE ARIZONA DAILY STAR

‘

TUCSON, ARIZONA, SATURDAY MORNING, MARCH 16, 1938

‘omstock Chil

dren's Benefit -

To Be At Country Club Today

illiant Charity Affair to Start at 2 o’Clock and
Continue Throughout Evening; Tubercular
Children to Receive All Funds

Preparations for the Spanish fiesta and barbecue benefit of the
fal today were completed

wstock Children’s hospi

last night. The

rity entertainment will open at 2 o'clock this afternoon and will run
- Into the evening. The Country club grounds, festooned with lights
studded with booths and tents are ready for a monstrous amount of

‘rtainment, the funds derived
1g donated entirely to the local
t against juvenile tuberculosis.
arry Berger, chairman of the
‘ral committee, announced last
it that a special dispensation
ng lenten obligations has been
ed by Ae Most Reverend Bish-
Daniel J. Gercke, D. D. of the
son Catholic diocese. The dis-
sation permits Catholic attend-
at the charity benefit to par-
- of the barbecue and partici-
in the dance and all forms of
rtainment. In granting the dis-
ation, Bishop Gercke said he
idered the object for which the
rprise was undertaken to be so
‘hy the church was glad to re-

bans strictly adhered to during!

season of the year.

venty-seven children, inmates
e Comstock hospital tubercular
{s, will be gainers to the ap-
imate extent of $3,000 in free
ment if the plans of ticket
man Joseph Hill mature. The
4d of directors, in sanctioning
festa and barbecue, informed
social and civic clubs sponsor-

KET

Phone 51

DEL MONTE

PEACHES
No.2} ] 7c

cans

ce /

ing the feature that $3,000 would
be absolutely necessary in order
to meet the requirements of a bud-

this year, lacked that much.
Donations Received
Merchants and professional wom-
‘en and men have donated gener-
ously of time and supplies
success of the benefit. The com-
mittee will not spend one dollar of

tertainment or supplies. Indian
dances every hour throughout this
afternoon will be one of the many
highlights of entertainment.

A professional couple of Spanish
interpretativ ngers have volun-
teered th tvices. The lady

{member of the dance team, Miss |

; Carmelita) Quinones, daughter of
| the Mexican consul at Nogales, has
‘journeyed from the Border city at
her own expense to donate her serv-
ices to child charity.

sic throughout the afternoon and
lo ERA orchestra. A dance orches-
tra will play all evening in the spa-
cious -ball room of the
cfub proper.

Ducats On Sale

Tickets have been placed on sale
at all seven Martin drug _ stores.
Litt’s, both banks, with the princi-
pals of all grammar schools and in
the hands of numerous committee-
men. Those desiring to do so may
purchase admissions at the gates of
the Country club from 2 p. m. on

A force of fifty special police
will patrol the outside of the
grounds throughout the afternoon
(and evening, directing traffic and
| puarding the automobile parking
j lot.

' All last night the heated stones
of the barbecue pit sent up tantal-

get which, despite sharp paring for i

BRADBURY REPORTED
TO BE NEAR DEATH

Slight hope was held late last
night for the recovery of John Brad-
bury, special railroad police officer
shot by a transient at Bowie
Wednesday morning. His physician
reported that he was “slipping.”

Meanwhile, the manhunt which
was abandoned in the Bowie region
when officers became convinced
that his assailant, believed to have
been a transient named Jack Sul-
livan, had effected his escape, turn-
ed to the Salt River valley with
Sheriff John Belton’s departure for
Phoenix in the company of Sheriff
I. V. Pruitt of Cochise county, and
with the finding In Buckeye of the
car in which two men abducted T.
J. Puryear here Thursday night

to the '

the proceeds for professional en- |

Mrs, , Harry ,;
Berger will accompany on the pi-'
ano the vocal selections of a tal- |
ented operatic singer. Concert mu- |

evening will feature the Old Pueb- '

Country -

i and fled after robbing him.

Local officers doubt, however,
, that either of Puryear’s abductors
was Sullivan. They have clues
| which lead them to believe the
‘crime was committed by two local
| characters known to them, it was
| revesied at the sheriff's office last
night.

Other new developments in the
tease yesterday included positive
identification through fingerprints
| of Sullivan's companion, killed in
the gun fight, as R. E. Vales of
Pueblo, Colo., and possible identi-
ification of Sullivan by Harry
Hemphill of Tucson as a younger
brother of Eulis Sullivan, killed in
Arkansas in 1922 after
from the penitentiary in which he
was awaiting electrocution on a
murder conviction.

SENATE COMPROMISE
ON RELIEF REACHED

(Continued From Page 1)
Connally, Coolidge, Dieterich, Duf- |
fv. Fletcher, George. Gerry. Glass, |
Gore, Guffey, Harrison, Hatch, Hay- °
den, King, Lewis, McAdoo, McKel- |
lar, Minton. Moore. Murphy, O’Ma-
honey, Pittman, Pope, Radcliffe,
Robinson, Russell. Sheppard. Smith,
Thomas (Utah) Trammel and Wag-

ner —44.

Republicans — Austin. Gibson.
Hale. Keyes and Metcalf—5
Progressive--La_ Follette—1.
Grand total against—50

Pairs were announced as_ fol-

breaking |,

Mr. and Mrs. Herman Hunzicker,
and one brother, all of Seldon, and
a sister, Mrs. Netta Ulrich of Chi-
cago. All were in Tucson at the
time of her death.

Voice of the
People

Tucson, Arizona,
March 14, 1935.
Editor The Star:

As a winter visitor and subscrib-
er to your fine paper I would like,
through your “Voice of the People”
column to add my appreciation of
the musical activity of your city,
and further comment on the fine

performance of the opera, Il Trova-

tore.
It was my privilege and pleasure

to have been in the chorus of the.

opera—and watch it grow. People
seeing the performance little realize
the ndreds of bours spent in
prep#ation.

In my travels I have never known
a city the size of Tucson to at-
tempt anything so fine as grand
opera—and in all the United States
you will not find another woman
so capable and generous with her
time as Mrs. Harry Berger, who
directed the opera—and is backing
everything that is good, musically,
in Tucson.

The performance of every lead
member of the cast was artistic
and professional and deserved very
high comment. But what seemed

the greatest Injustice was to have
had the soprano lead—Miss Bosnos
—a born Tucsonan, in her first big
performance with no backing from
her home town newspaper. Only
a person having spent their life in
that profession and knowing the
encouragement and joy of the news-
paper comment following a_ per-
formance, can realize the disap-
pointment the girl must have ex-
perienced.

Perhaps some time in the future
when she returns from a Metropoli-
tant audition you will be glad to
give her an ovation. But the need

was greater- at this point to in-
‘spire and encourage her to further
study.
Very truly yours,
MRS. HERBERT G. SHUTES,
923 North Second Ave.
Tucson, Ariz.

PARKER-GRIMSHAW CO.

MORTUARY

Established 1898

Phones 5-2460

CLOSING OUT!!

LEAVING for Sheridan, Wyo., next month. Prefer
to sell EVERYTHING for COST than ship. Nothing
reserved—EVERYTHING REDUCED. See our New
Shipment of old Indian Jewelry—an old collection
of Indian Turquoise Silver Belts, Bracelets, Rings,
etc., offered now for the FIRST TIME. This store
carries nothing but high-class merchandise.
SHOULD NOT MISS THIS SALE.

PATTERSON LEATHER CO.

Santa Rita Hotel Buildjnge. ,

PPO Ty AO oa ih en

niet s 36

YOU

‘ly qempe seer ee oe comes
’ mn

An Announcement to the

Friends of Chevrolet

Due to the many major improvements and new ;
! features offered in the 1935 Master Chevrolet and the
changes thus made necessary in the manufacturing
procedure, we have been able to fill only about ten

per cent of the advance orders on hand.
did not receive a single Master Chevrolet until the
tirentu-second of February!

In fact, we

$s Seta A SS wn la el RS

%
¥
t
t
t

police headquarters in

n a brief conversation

ur squads of detectives -

buses entering the city
ion of Akron.

to w but to wait.

‘:15 A.M. on Tuésday,
tive Edward Walsh of
icide squad, on’duty at
eet bus terminal, ap-
uble-decker which had
\kron, his eyes focused
he disembarking pas-

o leave the coach was
-aged man _ wearing
ed a cane in one hand,
1er. He was dressed in
ind a black hat was
er his eyes. He walked
tread down the steps.
bag, the man called
closed in quickly. “Ill
‘ister,” he said sternly,
ocket, the other in a
suspect’s. right wrist.
‘our gun away,” the
Ow you're a cop!”
stocky man under ar-
) a waiting police car
ive at the wheel. He
the two officers and
‘e¢ to the stationhouse.
£ the prisoner yielded
th bills and papers
yeorge Younes. In his

1 es he had worn
1 murder. The
pe woman’s silk

; a white bone-handled
arrow blade. A slight
mn at the side caused
lade to spring open.
you used to kill Pat
clared. “The powder
10se scratches on your

what you're talking
ted calmly.

pect’s capture, Mosely
o New York to bring
They were almost on
Jhio city when Younes
-onfess, eager to get
tind.

kron early in January,
llected by his friends
n the Florida prison.
itricia Patrick in the
worked as a waitress.
riends, and gradually
vered into a romance.
ted an additional $4,-
’s estate, raising his
ad total of $6,000, and
vas able to open new
iger, unsophisticated

uld lose her,” he con-
he thought of being

rl in. So I asked
d eed.”
d e had given

expenses of the mar-
Justice of the Peace
ervice, and they left
mn in New York. But
ended abruptly in

. “I woke during the night and found her
going through my clothes,” he declared.
“We quarreled, and the next day she left.
Most of my money was gone. I’d been
rolled pretty clean.”

But strangely enough, her fatal infatua-
tion with the graying old man persisted.
She telephoned him the very next day, and
a week later he returned to Akron at her
request. The interrupted honeymoon was
continued, this-time in Detroit.

“We were very happy for about a
week,” Younes went on. “Then one morn-
ing she told me she had just received a
wire from home—that things were- bad
there. She wanted two hundred dollars
and I gave it’ to her with the understand-
ing she would wire me her address. But
she never did.”

For the next few months, Younes said,

-he traveled all over Ohio looking for her.

When he ran out of funds, he went back
to friends. He had been in Brooklyn three
weeks when her wire came, asking him to
come to Akron at once. He wired her

back to meet him at the Akron station.
“But she didn’t meet me, and I saw
red,” Younes declared. “I made up my
mind. She had lied to me for the last time.
I finally got in touch with her where she
lived and made arrangements for her to
meet me at my hotel. A friend I had met
on the bus helped me register. I went up
to my. room and waited. When she finally
arrived, she promised she would stay with
me and be a good wife. I believed her.
We retired and she turned off the lights.
“A little later I was awakened by the
noise of silver jangling. I knew what was
happening. She was *going through my
pockets again. She was going to rob me
and leave me. I pulled out my knife and
slashed wildly at her. That’s all I re-

" member.”

Two weeks later, George Younes ap-
peared before a judge and pleaded guilty
to the murder without benefit of jury. A
two-time killer, he was sentenced to an
indeterminate term in the Ohio State
Penitentiary.

NAMELESS KILLER

(Continued from page 29)

testing. And also the police officials of

Bridgeport, Connecticut, were given the
practically impossible assignment of find-

“ing a girl named Marge who might, one

way or another, be suspected of a rela-
tionship with a hoodlum named “Jack”
who was now touring the West.

However, the manhunt in Arizona
didn’t stop; didn’t stop for a single split-

‘second. When Patrolman John B. Brad-

berry of the Southern Pacific failed to
pull out of his coma, the heat was on in
earnest.

Law-enforcement agencies i in New Mex-
ico, and even in Mexico, across the
Border—where a fugitive might flee—
were put on their toes. It was only a
matter of a very few hours before the
entire Southwest had received the alarm.

The police had a tough job ahead of
them, and they realized it. They were
after a nameless killer. They didn’t know
his surname, and weren’t even sure of
his given name. The latter was presumably
John, but not necessarily; “Jack” might be
a nickname, or it might be short for
Jackson or something else. Such vague
fingerprints that the killer had left behind
him were badly smudged; they were
actually useless. ,

The Southern Pacific had sent its ace
sietectives, O’Connell from San Francisco
and Meyers from Tucson, into the battle.
A good man had been killed in the course
of his duty. The rat who had killed him
must ke smoked out and punished. _

It was the law—the law that permits any
man to go about his ordinary legitimate
business without illegal interference from
without; the law that says stopping a man
with a death bullet must mean execution
for the man who takes matters into his
own hands; or in some States, must mean
long imprisonment.

The premeditated—or for that matter,
the casual—killing of any human being
must never be ignored to the point where

other killers might feel free to strike with
impunity.

The carefully trained bloodhounds were
brought in from the Arizona State Prison
at Florence. They were — thoroughly
schooled. They had gotten results in many
cases, and there was a chance that they
would do so in this case, since the trail of
the killer was hardly cold.

The dogs sniffed the clothes in the sus-
pect’s bag. They whoofed eagerly, nosed
the grounds in circles—and then they
were off.

At first their efforts looked promising.
They kept going, baying excitedly now and
then, but they stopped cold at a water
tank on the Southern Pacific, sixteen miles
away, having cut curlicues throughout the
neighborhood up to that point. But then
their eagerness drained from them. They
had good records back of them, but now
they seemed in some sort of defeatist mood;
anyhow, they could not be coaxed back.

There is a distinct difference, though,
between the lower animals and the human
being in a manhunt. The dog progresses
with the nonchalance of a person trying
to solve a crossword puzzle, while the
human manhunter has moral ideas based
on justice, retribution, and the concepts
of ,a right-living world. In a situation
like that of the murder of John Brad-
berry of the Southern Pacific, it didn’t
matter that the dogs had their fill of the
chase. The chase would go on and on and
on. In the determined minds of the officers,
Bradberry’s slayer was a marked man, a
dead duck.

He could find places to hide. But he
couldn’t always stay in hiding. He’d have
to come out sooner or later. He was the
hunted, and the police were the hunters.
He might even have a courage of sorts.
But so did the manhunters have courage,
and determination, and _ resourcefulness.
They outnumbered their quarry, and they
had a powerful organization back of them.

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Beckstrom knew temporary defeat when the man he was follow-
ing veered sharply from the right-of-way and was lost in an area
spotted with mesquite, boulders and giant cacti.

Furthermore, the officer knew he must get help for his partner
whose blood was crimsoning the sands back by that ill-omened
boxcar. But the hunt was only at its beginning, for all this
interruption.

The Border Patrolman reholstered his gun. A minute or sO

later he had stopped a passing motorist on the highway that

parallels the tracks on the side opposite to that which the.

fugitive had taken. And in still another moment Beckstrom

with his commandeered car was back at the scene of the shooting.

The remaining hoboes, now meek, thoroughly cowed, helped

< Offieer:S.: E. Douglass: (above). —
who: with: Chief: Collins: nabhed”
‘the: cop-killers: Special designs®
oné the: shoe~ soles’ at: thes left.
proved: the: gunman?s; downfall.

lift Railroad Officer Bradberry and their wounded buddy into
the car. Deputies from the Cochise County’ sheriff's office, sum-
moned by trainmen, were soon on the spot to take the frightened
eight into custody.

And then came—as is likely to come in any such hunt—a
period that seems barren, but in which much is going on.

First of all, there was speedy aid for the seriously wounded
Bradberry, who was rushed to St. Mary’s Hospital in Tucson.
‘Then there was the business of the wounded hobo. But the latter
soon left the cast of the grim drama that was being played.
Before he died he identified himself as “John Smith”—an obvious
and incredible moniker. Whether or not he was connected in any

\
\

major way with the man whose escape,was largely due to his.

intercession was never fully established. He had a few smalt

coins and a jackknife on him, but no identifying papers.

While all this went on, Border Patrolman Beckstrom was work-
ing with the Cochise County sheriff,.organizing a posse. (There
were to be bloodhounds in this manhunt but, as was to be proved
in this case, the human trailer can be more inexorable than any
four-footed creature.)

It had been noted that the fugitive hobo was young and that
he was dressed in a reddish-brown work suit, a light tan cap,

.white shirt and heavy work shoes.

Footprints that he had left had been photographed. The soles
of the fugitive’s shoes bore a triple bar and a diamond design;
the nailheads in the heels had been clearly
outlined in a half a dozen places.

Men were swarming all over the scene

man’s getaway. Far down the right-of-
way where the man they were determined
to get (God help him!) had vanished, they
found the gun. Near it lay a fancy em-
bossed, highly polished brown-leather
shoulder holster. Gun and holster were
removed for the technicians while the hunt
went on. : ;

Sheriff I. V. Pruitt from Bisbee, 60
miles south of Bowie, had entered the
chase by now.

And what of the man who was running?

Knowing that he had shot an officer of
the law, he was on the lam. He knew
what faced him. He had to. Everybody
knew it. For him, there could be only a
corner_in which to hide. And, even then,
for how long?

_ From the boxcar once filled with hay
and an assortment of free riders there was
produced a suitcase. It really was too
small to be called a suitcase, but the case
itself didn’t matter. Inside of it were a few
articles of men’s haberdashery, a snapshot
of a good-looking fellow with a honey of
a black-haired girl, and a letter—minus its
envelope. /

Beckstrom looked at the photograph.
“That’s the guy!” he exclaimed. “If
Bradberry dies...” oo:

He didn’t have to say any more.

BECAUSE the girl’s picture meant noth-
ing just then, they turned to the letter.
The absence of an envelope made a check
of the postmark impossible, but the hand-
writing was unmistakably feminine and
the message had obviously been written by
a girl. Thé salutation was “Dear Jack,”
and the letter was dated Feb. 10. (That
would have been a month before.)

The message: went on to say that “your
very own Marge baby” would be waiting.
Waiting for what was something too
clearly evident between the writer and the

; receiver, but on the face of it the girl’s
letter was going to be of little assistance. There was. a line about
“back here in Bridgeport.” Most likely Bridgeport, Connecticut,
the officers assumed, though there were other towns named Bridge-
port in five or six states. Se

There was a postscript to the effect that “the same old New
England weather is acting up back here.”

“Well, that makes it definitely Bridgeport, Connecticut,” Beck-
strom said. “Makes it tougher, too. The only big city; the othe
Bridgeports are small communities.” “ea

However, on a hunt where Man is the quarry, there is no
scent too faint or too old to be ignored. The letter was sent to
the laboratory for dusting and further (Continued on page 59)

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Smoking

ORDES of men combed the motels, the
rooming houses, the drinking places,
the hotels, the railroad stations and bus

terminals, the freight’ yards, the hobo
jungles. Armed with enlargements from
the snapshot, they were not working in
the dark. -They visited underworld dives
of all kinds, seeking a good-looking—
but bad-acting—guy whose features they
had memorized.

Every house from Bowie to nowhere
was visited in the next few days. And
only one thin lead came from that pro-
cedure. .

In Sam Simon; a grizzled rancher
scratched his head thoughtfully and re-
membered a Texas family now living in
the neighborhood some ten miles north
of his place; a family whose oldest boy
looked somewhat like the lad in the snap-
shot, but was seldom home.

“Mind you,” the rancher said, “I’m
accusing nobody. But, from what I hear,
this young hombre ain’t much for work,
though he always seems to have a little
dinero in his jeans most of the time.”

‘Relaying sectional gossip, the rancher
said the boy was named John, too. He
didn’t know whether or not he was called
Jack. Maybe so; maybe not.

The rancher knew the family so slightly
that it could be possible he was mistaken,
but he felt reasonably sure their name was
Bower. “J remember that much,” he said,
“because it was something like the name
of Bowie, the town.”

The name did happen to be Bower, and
Sheriff Pruitt, with a deputy, lost no time
in visiting the Bower ranch. They found
no one at home, though there was no evi-
dence that the place had been deserted.

A manhunt such as ensued after the
murder of Officer Bradberry is necessarily
many-pronged. Pruitt was still thinking
of the Bower angle, but other possibilities
were not being overlooked. Few persons
know of the tremendous weight and re-
sources of the great American railroads
when one of their officers has been mur-
dered. i

Because the fugitive was clearly no
novice in riding the rails, trainmen all over
the length and breadth of the United
States were put on the lookout, and mo-
torists, too, were notified by radio and
press notices. Descriptions and copies of
the snapshot were sent to all points. And
because of the Bridgeport, Connecticut,
angle, and the attendant thought that
“Jack” might be headed back to see his
giri in his trouble, the officials of the
New York, New Haven and Hartford
were made especially vigilant.

Even before the “flyers”—the police cir-
culars—were off the presses, the members
of the FBI were in the job, for this was
likely to be an interstate matter. “WANT-
ED FOR MURDER” was printed on the
notices.

At the request of railroad detectives
and railroad officials in Bridgeport, a man
was stationed in the post office there. It
was his task—and he was a man particu-
larly trained for this sort of work—to ex-
amine all first-class mail addressed to
Arizona, California, New Mexico, any-
where in the Southwest or reasonably
adjacent to it, for anything sent to a
“Jack” or to a person whose name might
reasonably be shortened to Jack.. He was

time, ballistics experts confirmed the fact

an expert on handwriting, and he had
familiarized himself with the feminine =
script in the letter found in the bag. i
the boxcar.
Photostats of the handwriting on vari
ous envelopes that showed any promise at
all were made, and officers stood by in
Tucson, Phoenix, Los Angeles, Pasadena
and other cities, watching the General
Delivery windows, prepared to question
recipients of such letters. The neeelts, ee
ever, were disappointing. 25
On the day following his first visit to.
the Bower ranch, Sheriff Pruitt made a
return trip there and was hopeful when
this time he saw smoke rising from the
ranchhouse chimney as he approached. ~~’
The elderly woman who came to the 4
ranchhouse door was Mrs. John Bower, —~ @
Sr. Yes, she had a son, John, but he
was not at home. ms
“When was the last time you saw him?” g
Pruitt asked. cen
“He came in about two in the morning
on Thursday,” was the reply. (That was
the day after the murder!)
“What did he look like?” Pruitt asked.
“Was he excited? How was he dressed?”
The woman eyed the officer narrowly.
“Well, I really didn’t see him. I just heard,
him coming in. And he was gone again
before breakfast.” Pe? oe
The voice of the strong- teed woman
broke slightly. “You’re a lawman of some
sort, I reckon. Y’ain’t here on any trouble
trip, are you?” ’
“I'm afraid I'll have to tell you that I’
am, ma’am,” Pruitt replied, and. tears
welled in the woman’s eyes. ee
Questioning her from that point on was
not pleasant, but sentimentality has no part
in a hunt for a killer. “Did he ever men-
tion a girl-friend named Marge?” Pruitt
asked.
“Oh, he had girls all over,” the woman .
said. “But that don’t. mean he’s a bad
boy; not a real bad boy.”
It was evident that John Bower, Jr., was
a problem to his family, and had been in
at least minor trouble with the law. j
Pruitt produced a copy of the police
flyer, showed the woman the picture on
it. “This your boy, ma’am?”
The woman slipped a pair of spectacles~
on and looked worried. But there was dis-
tinct relief in her tone as she said: “Oh,
that’s not. John. No, Mister, that ain’t
my boy.”
Convinced that the woman was sincere
and that he was barking up the wrong
tree, Pruitt thanked the relieved mother
and left, but checked up with young Bow-
er’s picture at a neighboring ranch. Finally = %%
he felt certain that whatever young Bower —
was and what he was doing, he was no
longer a part of this particular manhunt.

(THREE more days went by. The South-
ern Pacific Railroad offered a $500
reward for the murderer of Bradberry, and
a couple of days later boosted it to $1,000.
No one claimed it.~ 5
Tracing every clue, police’ officers dis-
covered that the revolver and holster that a
the fugitive had thrown away on his path as
to freedom had been stolen from a private -~
detective in Kansas City. At the same _~

that it was indeed the slayer’ $ weapon. 929%
Then the vigilance in the post . offices -

Y eS Ae, 4 5 fe 3
began to bear fruit.

Jack Sullivan’ in 7
identified as bearing
as the letter found

But no one appear

|
livery window to cl.
mailed from a larg
in Massachusetts.
Because no chan
‘jit was only a day —
Butz of the San Fr:
with a query from
information concer

“wanted for the arm

of gas stations in t
Almost ‘simultane

, description of the n

revolver and holst:
tallied almost exact
of the wanted ma
The trail was neari
so it appeared, fo
longer ‘nameless; h
Sullivan. But he v
chase “might still be
unless an in ing
hunters. \ °°

- And such | a re

s 2Sth, 1935. Twelve

John B. Bradberry
railroad police had
came in Redwood
San Francisco.

It was evening.
the Redwood City
cruising down bea)
the main thoroughf
With him in his
S. E. Douglass.

A young man :
along the sidewal
police car. His dri
clothes shown in t
minds of every &
but the young felle
set bells ringing in

There ‘was a &
distance ahead.
were about to tur:
structed Douglass,
going to talk to '

Everything proc:
of clockwork. Th
ing man. ‘The la’
drew close to the s
suddenly Collins !
His gun was in h
Sullivan!” Collins

A quick frisk t
man to be unarm
the police car 4
quarters a few mir
Agent OCone
was summoned fr
hounds of the law

Although for *

ag, and he
‘h the feminine =
d in the bag
i y On vari- »

mise at.
ers d by in
ngeles, Pasadena
ng the General
ired to question
The results, how-

his first visit to

rising from the
i€ approached.

ho came to the
rs. John Bower,
1, John, but he

e you saw him?”

» in the morning
eply. (That was
‘ya

2?” Pruitt asked.

vas: he dressed?”
officer narrowly.
iin, I just heard
was gone again

ng-faced woman
lawman of some
e on any trouble

» tell you that I’
a. } tears
iat on was
ality has no part

id he ever men-
Marge?” Pruitt

ver,” the woman
ean he’s a bad

Bower, Jr., was
und had been in
1 the law.

y of the police
tHe picture on
m?”

air of spectacles

ut ghere was dis-
she said: “Oh,
ister, that ain’t

nan was sincere

up the wrong
relieved mother
“ith young Bow-
ig ranch. Finally
er young Bower
ing, he was no
icular manhunt.

by. The South-
offered a $500
’ Bradberry, and
ted_it to $1,000.

ic rs dis-
and er that
vay on his path
i from a private
At the same _
firmed the fact
or’s Weapon. ude
the post offices

aft

=
4
a
Z

“s

sf ad

7 «x

began to bear fruit. A letter addressed to
Jack Sullivan in Tucson was positively
identified as bearing the same handwriting
as the letter found in the killer’s suitcase.
But no one appeared at the General De-
livery window to claim it. This letter was

mailed from a large manufacturing town °

in Massachusetts.

Because no channel was left uncovered,
‘it was only a day before Inspector Fred
Butz of the San Francisco police came up
with a query from Denver, Colorado, for
information concerning a Jack Sullivan

’ wanted for the armed robbery of a series

of gas stations in that State.
Almost simultaneously there arrived a

. description of the man who had stolen the

revolver and holster in Kansas City. It
tallied almost exactly with the appearance
of the wanted man in the photograph.
The trail was nearing its end—or at least
so it appeared, for the quarry was no
longer nameless; he was known as Jack
Sullivan. But he was still at large. The

chase “might still be long and discouraging .

unless an unexpected break favored the
hunters. ’

. And such a break came! It was March
25th, 1935. Twelve days had passed since
John B. Bradberry of the Southern Pacific
railroad police had been slain. The break
came in Redwood City, not far south of
San Francisco. :

It was evening. Chief C. L. Collins of
the Redwood City police department was
cruising down beautiful El Camino Real,
the main thoroughfare of the Golden State.
With him in his police car was Officer
S. E. Douglass.

A young man in sailor pants strolled
along the sidewalk to the right of the
police car. His dress didn’t tally with the
clothes shown in the circular fresh in the
minds of every cop on the West Coast,
but the young fellow’s physical appearance
set bells ringing in the officers’ heads.

There was a gas station just a short
distance ahead. “Slow down as if you
were about to turn in,” Chief Collins in-
structed Douglass, who was driving. “I’m
going to talk to that lad!”

Everything proceeded with the precision
of clockwork. The car passed the walk-
ing man. The latter plodded along and
drew close to the slowly moving car. Then
suddenly Collins leaped to the pavement.
His gun was in his hand. “Take it easy,
Sullivan!” Collins said. .

A quick frisk by Douglass showed the
man to be unarmed. He was taken into
the police car and ushered into head-
quarters a few minutes later. Chief Special
Agent O’Connell of the Southern Pacific
was summoned from San Francisco. The
hounds of the law were closing in now.

Although for some: time the lad in the

“diamond.

_ing manhunters when they led him out

sailor pants stood up “under questioning,

he began to weaken gradually, and after
hours of grilling he broke down. es
Yes, he was Jack Sullivan, but he denied
knowing anything about a shooting in
Bowie, Arizona. }
However, the officers visited his room
in Redwood City, and in a gripsack in
that little hideout O’Connell found clothes
that Beckstrom could pin to the killer of
his partner. Then came the discovery of
the shoes, high on a shelf in the closet of
the shabby room. :
On the soles were the bars and the
The nailheads in the heels
matched the moulages that had been made
in the Bowie railroad yards after the
slaying. ,
Sullivan, cornered, fought back desper-
ately. “So what?” he challenged. “Yeah,
they’re my duds. There must be plenty of
duds like that. How do they prove I killed
a man in Arizona? Why pick on me?”
“Okay, Sullivan. Okay,” O’Connell said.
“We'll see how things turn out. If you're
innocent, we don’t want any part of you.
You'll have every chance. But we’re going
to give ourselves every chance, too, to
find out what’s what. That’s our job.”
They put him in a jail cell and sent
for Sheriff Pruitt. They also called in
Sheriff Hugh Talley of Graham County.
Sullivan faced a pack of triumphantly bay-

again.

The officers showed him the gun and
the holster. They confronted him with the
man who could, putting the little jigsaw
pieces together, identify him. Finally they
lined up some of the men who had bur-
rowed in the hay with him on that ill-fated
freight car ride. ;

_ Sullivan was completely trapped.

Even then, though, he insisted that the
gun had gone off accidentally. It was the
best he could do, and it wasn’t enough.
He was licked, and he knew it, but was
making a bid for his life, even a life
behind prison bars.

He didn’t win that bid, either. Arraigned
in Lowell Precinct, he was speeded to trial
in Superior Court.

The Court spent a whole day on his trial.
He had a chance to tell his story to the
jurors. But the jurors heard the Law’s
story, to6, and weighed the Law’s evidence.

The defendant had sent a man to eter-
nity. The jury headed the admitted gun-
man to that same wide territory.

On-May 15th, 1936, Jack Sullivan died
in the gas chamber at the Arizona State
Penitentiary.

Epiror’s Note: The name John
Bower, Jr. used in the foregoing story is
fictitious. -

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KISSES FOR THE HANGMAN

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Metadata

Containers:: Box 3 (2-Documentation of Executions), Folder 7
Resource Type:: Document
Description:: George Smiley executed on 1900-01-08 in Arizona (AZ)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 27, 2019

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