Arizona, M-R, 1891-1991, Undated

a to r.)

™m a real estate
dks fresh. This
Best. His $500

ground were
aree people had
vhere the body
fence, and two
f tracks looked
c like the prints
the spot where

hile the coroner
r work and the
sheriff brought
20k his formal
to the law.

3; Angeles, Cali-
Ary J. Best of
marshal in Fol-
1ortheast corner
arillo. The Los
‘ss given was in
he south side of
elephone there;
to the Los An-
ing.

hat night, when
1ighway patrol-
just heard the
the fact that a
‘ed. ‘

ld Undersheriff
‘ore noon today
shirt, driving a

late-model Plymouth with California plates, pushing a
skinny, hard-faced woman in an old beat-up Chevy, west
on Route 66 through East Flagstaff.

“It looked odd to me, somehow, but there was nothing to "

stop them for, and I let them go by. I took the number of
the Plymouth. I’d never seen either of the people before.
Maybe it could have something to do with this murder,
maybe not.” .

Patrolman Wilson described the man as about 50 ‘years
old, heavyset, muscular, bronzed and beetle-browed, dark-
haired, balding, minus a shirt. He was at the wheel of a
dusty tan 1958 Plymouth sedan. He was shoving an appar-
ently disabled battered black 1946 Chevrolet coupe with

Colorado plates. The woman. at the wheel was middle-_

aged, thin and hard-faced, with stringy black hair.
Thanking the young highway officer, the Flagstaff sher-
iff teletyped the Plymouth’s license number to Sacramento,
California, for a registration check.. Shirtless drivers are
not an uncommon sight in Arizona in the summer,. but
Richardson and his aides theorized the highway knife killer

might well have discarded his shirt if it were splattered |

with his victim’s blood.
Late that Friday night Dr. Sitterley’s preliminary sutopey
report came in. The gray-haired stranger, who was about

65 years old, had been stabbed seven times, in the abdomen ..
andthe small of the back. He had died of massive internal ~

hemorrhages. Any of three deep stab wounds, all in vital

-organs, could have been fatal. The hunting knife was un-

doubtedly the murder weapon. The. killer had stabbed his

victim savagely and viciously, obviously meaning to kill”

him.

It was after 10 p.m. when the call came through from the
coast. It was from Daniel K. Best of Florence, California,
whom the Los Angeles sheriff’s night detective crew. had
contacted. He said Ary J. Best was his brother, a 66-year-
old retired businessman.

“Ary was on a visit to some of our relatives in Follett,
Texas,” Daniel Best shakenly told the Arizona lawmen.
“He was due back tomorrow night. As far as I know, he
was coming back by Route 66. -He was driving his tan ’58
Plymouth, traveling alone. The description of that mur-
dered man sounds just like him, I’m afraid.”

Daniel Best said he had forwarded several business Iet-
ters to his brother in Texas, and he believed that Ary, who

owned income property in California, was carrying a. con-.

siderable sum of cash, around $500. Best didn’t know the

license number of his brother’s Plymouth, but was trying

to ascertain it.

Sheriff Richardson messaged Sacramento again, request-
ing the number of the Piymouth registered to Ary J. Best.
Soon came a wire from Follett, Texas. Ary Best had left
there Tuesday morning, July 28th, on his way home-to Los
Angeles. He had planned to hit U.S. 66 at Amarillo, and
drive leisurely. back to California. His Texas relatives
said Best had received and cashed a-check for $500 while
he was in Follett, and had all or most of that sum on. him
when he left.

“It looks as though Ary Best is our victim,” the Flagstaff
sheriff told his deputies. “We'll have to wait for a positive
check on that license number, but there isn’t much doubt
about it. He was driving home alone, and he was killed
for his $500. All we have to do now is find a husky, beetle-
browed man and a skinny hard-faced brunette. With a start

of 12 to 24 hours; they could be anywhere by now.”

Richardson called additional deputies to duty and dis-
patched crews to check highway motels and cafes along
Route 66. They met with no immediate success in their
canvass.

However, the Coconino County sheriff’s men were still
getting the breaks. Shortly before midnight, deputies cruis-
ing the East Flagstaff area found a battered black 1946
Chevrolet coupe with Colorado plates, apparently aban-
doned on a dead-end road at the edge of town. State Pa-

_trolman Wilson, hastening out to inspect the car, was

positive it was the one he had seen being pushed by the tan

Plymouth 12 hours earlier. There was no identification in
the Chevy. Its transmission was out of whack, and it*had
to be towed to a.garage. Sheriff Richardson wired Denver
for a rundown on the license number. There was no proof
as yet that the Arizona mountain lawmen were on the right
trail, but the Flagstaff sheriff had a very strong hunch that
they were.

Next came the auto registration data from Sacramento.
The California motor vehicle department advised that the

.tan ’58 Plymouth whose number the alert Arizona highway

patrolman had noted down, indeed belonged to Ary J. Best.
‘There was now no question that Best was the murdered
man—that the big shirtless gorilla and the skinny, tough-
looking brunette were his slayers. It looked as though they
had stolen his ‘car and money after their own old heap
had broken down.

Sheriff Richardson impatiently awaited the Chevy license
information from Denver, but communications with Colo-

». rado were slow at that hour of the night, the registration

bureau was probably closed, and an answer couldn’t be

; expected before morning. On the basis of the information

in hand, the Flagstaff sheriff issued at 1 a.m. an all-points
bulletin for Ary Best’s missing Plymouth, with description

_. of the man and woman believed to be traveling in it. The
- bulletin, while broadcast to all adjoining states, was spe-

cially directed to western Arizona and California, since the
suspected killers were seen heading in that direction.
The small hours of Saturday morning, August Ist, went

by without any further development. Coconino and Mohave
‘County deputies canvassed all motels along Route 66, from

Flagstaff west to the Colorado River, without turning up
a sign of the slain Californian’s tan Plymouth.

But the iron was hot for the fleeing killers, their trail
was comparatively fresh, and a further break was. inevi-
table. It came at 7 a.m., just as Sheriff Richardson and
Deputies Cole and Coke returned to duty at the sheriff’s
courthouse office, after snatching a few hours of needed
sleep.: *).. 3". (Continued on page 73)

!

oe

Te ak Mee onl
i ed

“He made a pass at Millie. I saw red. I pulled my knife.”


fence paralleling
and and climbed

a little clearing.
dge stopped ab-
sot. A man was
| on his face with
ing a nap in that
nd trousers were
the ground in a

ridge’s own age,

Pausing only to
ff, the wide-eyed
it, hastened back

either direction.
et a large rock at
ed on westward,

. Richardson was
itinely quiet day,
U-hit his office in
ridge was calling
“It looks like he
< Cole. “There’s

ce took off imme-
‘sean at the filling
t he had marked.
adstone peaks as
‘pse sprawled un-
n the highway. |

| Western sheriff,
ody. “Looks like.

{left to die here.”

ee 4 gen
ee Eee iy
en.she broke down when Sheriff Richardson (r.) questioned her

i ee “i eee 2 i OB Ppp: . pay ra
i *y SS ena 1 pened Me pod ere eres ody Be
pak hae i é . P ga) ¥s

“How are you feeling?” her common-law husband asked as they were led to jail. ‘““Real bad, thanks to you,” she said


McGEE

ak

Se oes

by EDWARD D.SANDERS

Petrick, wh, gassed AZ (Coconino) March Byn49 -

THE BRUNETTE AND THE GOOD SAMARITAN

He was a friendly soul and didn’t mind

giving a stranger a lift. te

But on this trip, he picked up death

T WAS A THOUSAND-TO-ONE chance that any one of ©
the motorists speeding along U.S. Highway 66, through  ~

the Coconino National Forest uplands of northern Ari-
zona, would stop at that particular deserted spot on that
particular hot summer afternoon. But murder has a way.
of paying off on long odds, and one motorist did stop. Ari-
zona lawmen thereby picked up a still-warm trail, to crack

a brutal slaying that might otherwise have taken its place ~

with unsolved crime riddles of the vast Southwest wilder-
ness.
Charles Estridge, a 62-year-old vacationing ‘tourist from

McMinnville, Tennessee, sightseeing in. the desert and.

mountain country of the Grand Canyon State, 1800 miles
from his home in the Cumberlands, was the agent of fate.
Shortly after 5 p.m. on Friday, July 31st, 1959, Estridge was
driving west at a leisurely pace along scenic Route 66 near
the highway junction of Townsend, some seven miles east

of the more-than-mile-high lumber and outdoor recreation *

center of Flagstaff.

It had been a blistering day’s drive under the blazing j

Arizona summer sun and the lengthening afternoon shad-
ows of the high pine woods were a welcome relief. Charles
Estridge had visited the Petrified Forest, skirted the
Painted Desert, viewed Meteor Crater and crossed colorful

Canyon Diablo.: He was tired. Mounting the forested |
slopes of the San Francisco Peaks on the final pull into .

Flagstaff, where he planned to spend the night, he decided
to stop awhile’and stretch*his legs.

Slowing where the road traversed a dense stand of scrub
pine and pinon, the Tennessee tourist pulled up on the
highway shoulder and got out. He strolled along the road-
side, looking up at the towering majesty of Arizona’s high-
est peaks, inhaling deep, refreshing breaths of the rarefied,
pine-scented air.

Noting a verdant clump of juniper just off the road,

Estridge walked idly in that direction to admire the purple 2

MASTER DETECTIVE,
December, 1959

berries, Encountering a low barbed-wire fence paralleling
the highway ditch, he lifted the top strand and climbed

nimbly through.

The junipers were at the far side of a little clearing.
Stepping: through the. underbrush, Estridge stopped ab-
ruptly and stood staring, frozen to the spot. A man was
sprawled under one of the trees. Huddled on his face with
one arm outflung, he might have been taking a nap in that

‘shady spot. But he wasn’t. His shirt and trousers were

covered with blood. Blood had soaked the ground in a
dark reddish brown patch.

The «dead man was about Charles Estridge’s own age,
small and wiry, with thinning gray hair. Pausing only to
ascertain that the body was cold and stiff, the wide-eyed
tourist, his heart hammering in his throat, hastened back

_ through the wire fence to his automobile.

There were no other cars in sight in either direction.

‘Estridge took a good look at the spot and set a large rock at

the road’s edge to mark it. Then he sped on westward,
seeking the nearest telephone.
Veteran Coconino County Sheriff ‘Cecil Richardson was

. just getting ready to go home after a routinely quiet day,

when.the Tennessee motorist’s excited call.hit his office in
the Flagstaff courthouse at 5:30 p.m. Estridge was calling
from a service station in East Flagstaff. ‘It looks like he
was stabbed,” he told Undersheriff Clark Cole. “There’s
blood all over the ground.”

Sheriff-Richardson and Deputy Bob Coke took off imme-
diately. They picked up the shaken Tennessean at the filling

‘station, and sped out Route 66 to the spot he had marked.
‘The sun was setting behind the red sandstone peaks as
: Estridge led the lawmen tp the bloody corpse sprawled un-

der the juniper tree, just out of sight from the highway. |
“Stabbed is right,” the Stetson-hatted Western sherift
said grimly as he viewed the huddled body. “Looks like.

we he was knifed at least five or six times and left to die here.”

“How are yc

ee

—— a

36

The dead man was in his 60s, dressed in trim sports
slacks, white shirt and expensive loafer shoes. His clothes
were caked with dried blood from head to foot. He had

been stabbed repeatedly in the abdomen and the back. Even.

his light Western hat, lying a few feet away, was spattered
with blood. ; .

Several yards from the body, the Flagstaff sheriff and his
deputy found a gleaming bone-handled hunting knife, its
6-inch blade streaked with blood, lying in the grass. “This
is the weapon, all right.” Sheriff Richardson nodded, heft-
ing the knife in his hand. “There’s no question of suicide.
He couldn’t have stabbed himself in the’ back like that.
We’ve got a murder case on our hands.” :

Deputy Coke hurried back to the car and radioed head-
quarters. Dusk was falling over the pine forest as Coconino
County Coroner James F. Brierley and his’ staff physician,
Dr. Jan L. Sitterley, arrived with the ambulance.. y

The doctor estimated the elderly man had been dead
anywhere between 12 and 24 hours. In that 6000-foot alti-

tude, with-its broiling days and freezing nights, it was diffi- ee
cult, pending complete autopsy, to determine the time more :
exactly. The victim had been stabbed at least six times:

in front and back. Any one of the knife wounds could
have been lethal. Post mortem lividity indicated the gray-
haired man had been killed at or near the spot where he
lay and the body had not.since been moved.

There was no wallet nor anything else in the dead man’s
pockets, no identifying mark on his clothing. But when
Clark Cole and other deputies arrived at the sheriff’s ra-
dioed order and searched the vicinity, they soon turned up
a possible clue. Snagged.in a bush some yards from the
body, the sheriff’s men found an opened envelope contain-
ing a business letter..

“Addressed to Mr. Ary J. Best,” the sheriff read, ‘on
Whitsett Avenue in Los Angeles. Mailed a week ago. For-

ci ‘ b ans 7 ?
Bloodstained hat and hunting knife found at scene by Sheriff Richardson, Coroner Brierley and Dep. Coke (I. to r.)

BRP Oe 28 Oe

x sei Me pie:

warded to him in Follett, Texas. Letter from a real estate
outfit, sending Best a check for $500. It looks fresh. This
could be it. The dead man could be Ary J. Best. His $500
could be the motive. We’ll soon find out.”

Footprints in the rough, pine-needled ground were
blurred’ and sketchy. The tracks indicated three people had
walked about 25 yards from the road to where the body
lay, and climbed through the barbed-wire fence, and two
had come back. That figured. One set of tracks looked
like those of a big, heavy man, and the other like the prints
of a’'woman. Marks indicated a scuffle at the spot where
the body lay.

‘The forest scene yielded no other clue. While the coroner

-and the official photographer completed their work and the

body was removed on a stretcher, the sheriff brought
Charles Estridge back to Flagstaff and took his formal

‘statement, with thanks for his speedy aid to the law.

Sheriff Richardson teletyped police of Los Angeles, Cali-

- fornia, 515 miles west, for a fast check on Ary J. Best of

Whitsett Avenue, He also wired the town marshal in Fol-

‘lett, up in Lipscomb County in the extreme northeast corner

of the Texas Panhandle, 100 miles from Amarillo. ‘The Los
Angeles reply came back shortly: the address given was in

‘ county territory in the Florence district on the south side of

the coast metropolis; no one answered the telephone there;
the Arizona request had been turned over to the Los An-
geles sheriff's department for further checking.

The first break came soon after 8 o’clock that night, when
Harry J. Wilson, an off-duty Arizona state highway patrol-
man, phoned the sheriff’s office. He had just heard the

_ radio news flash on the murder, including the fact that a
_ big man and a woman were believed involved.

“It may not mean anything,” Wilson told Undersheriff
Cole, “but it’s worth checking. A little before noon today
I saw a hefty middle-aged man without a shirt, driving a

late-model
skinny, ha:
on Route 6

“It looke
stop them
the Plymoi
Maybe it :
maybe not.

Patrolme
old, heavys
haired, bal
dusty tan 1
ently disak
Colorado p
aged, thin :

Thankin;
iff teletype:
California,
not an un
Richardson
might well
with his vi:

Late that
report cam:
65 years olc
and the sm:
hemorrhage
organs, cou
doubtedly t
victim save
him.

It was afi
coast. It w
whom the )
contacted.
old retired |

“Ary was
Texas,” Da
“He was du
was coming
Plymouth, 1
dered man :

Daniel Be
ters to his b
owned inco!
siderable su
license num
to ascertain

Sheriff Ri
ing the nur
Soon came ;
there Tuesd
Angeles. H
drive leisur
said Best hz
he was in F
when he lef

“It looks i
sheriff told }
check on th.
about it. H
for his $500.
browed man
of 12 to 24h

Richardso:
patched cre:
Route 66. °
canvass.

However,
getting the b
ing the East
Chevrolet cc
doned on a ¢

_trolman Wil

positive it w:


J

4
\

\
¥
\
é

Tat 3 i
. A UB

i
ifs
~e F'
Bn}

{

re

ii
‘
Ye:
i jb
Sy Rate ae: yes

a Me

ut

$ i

ae eee Be ts q
MP UNE aM AL ing, gh rey aged
Pe CRRA LE ARG epee Cie

= |g

_

~

all

1
$

TRAIN

INVA AN

of country. Parker had sworn that he
would never be taken alive, and perhaps
he would have made good on that
boast—if he could have stayed awake for
weeks. But lawmen stumbled upon him
while he was asleep, and they poked at
him with their saddle guns. When he
awoke he found himself looking into a
collection of gun barrels.
* On the ride back to Prescott Parker
declared that “I'll never hang!” But a
judge decreed that he would, when his
trial for the murder of Lee Norris came
toaclimax. =~ ~s

On execution morn Parker greeted his
jailors as if it was just another day. He
said, “I deserve a good breakfast. 4’m an
important fellow—the rewards for me:
added up to more than $4,000 and I’m

j . Sure that something will save me and I'll

eat another breakfast tomorrow.” Break-

fast was followed by a few drinks of

whiskey. Then Father Quetu, a priest,

entered his cell.

_ At 10 o'clock Sheriff George Ruffner (a

member of the still-prominent Prescott .
clan) approached Parker's cell and read

the death warrant. The door was

opened. Parker shook hands with the

_ other prisoners and his lawyers. Then,

flanked by Father Quetu, Sheriff Ruffner, -

two deputies and the County tax assessor _

he entered the scaffold enclosure.
When

darkness of - the jail into the bright

LO INR

‘ mi \\
; i |
; ae | |

ain ; . : prey : ~ 2 pels hate < iu
REN S pact nS : aay 28 ary i

7 $ ef '

; 2 Adee,
x,
a

7 TRAIN ROBBERY
vin wa tND MURDER \

A tery 04 8 S688 84 PV ten sens G44 Mes Gene.
“RA AN UK KEN (EVE CYRT It A Ue

wae’: Slag

Parker stepped out of the _

a j
WN

ni

and he blinked uncertainly. The he
straightened up, squared his shoulders
and strode resolutely toward the gal-
lows. When he reached the scaffold he

said: “Hold it just a minute, boys. | want :

to look at this contraption. I’ve never

seen one before.” He was allowed to-

walk around it, and beneath and he
remarked: “It looks all right to me.”

arker did not falter as he ascended
Pp the steps to the platform. He
walked to the trap door and
halted. “1 will set my feet on the heads of
those two nails.” He looked out over the
‘crowd, smiled and nodded at a few
friends and ‘called to one: “Hi there,
Jack, how's it breakin’?”’
Sheriff Ruffner’s hands shook slightly as

he adjusted the Straps around Parker’s

fegs and the doomed man said: “Take
your time, George!” -

Parker was asked for the usual last
words. “I don’t have any hard feelings
toward anybody. | have not much to say.
1 claim that | am getting something that
ain’t due me, but | guess that every man

- who is about to be hung says the same

thing so it don’t cut no figure. When the
people say | must go, | am one who can
89 and make no kick.”

The black cap was drawn over Parker's
head and he was heard to say: “It’s all off.
Tell the boys 1 died game and like a
man.” There was silence for a second.

Jenkiz
1e be
and y

* pros

} from
and ¢ —
two o
later
SV.
vatch, |
sneop:
ove In:
1¢ she
id - rex
Im if
Tiff Jo}
On the
ached

-{ 9 from ;

ifle and
e .conce
2 Of. bru:

Oe

‘to cor
Ont doo:
qY.. ap;
t recogn
sheriff,
the co
1ad com
Aspicion
ikins, a
“nothing
awever, 1

Ses eg
“2

ay,

4
pee ns,
%.
oa
z
» SS -
gs
ahs,

xe

By *
* 5.
F [Sar
L .
eu ’
“FT 7* -
ae pt hs
Lea tia pa
hae gh +
“s

sunlight of the jailyard he seemed dazed, _ Then the trap was sprung. D0

pay ed aperpteteprery wrers
ead fork hs
pte Oree ee F

ss A i any i ys

SEO Ta tt LS SL
ay fq" vu . { | p ’; 7 il we
‘ , Ae AEB ae ae es “4S deeb
Hea eer Oe
Hy Bey ag Beatin
: Fad bane eae SC
} eat A gt ap. at s
i Weg ey
| ep 8 ay abs Tada
“92, regal, Mitten a : iy yyy
ay Te ce ae eB
‘ {i 44) wey ae aN en a [ei
: a { ny Wy aan alts } a ; tet
VAG Urs i he r. , eo ee a ys . !
yeu : vioee } , if er
Tye tink ee aie hy 7 ahi ta
{full mt “4 4 : ‘ By sunday’ i ept S \ 8 “ee “ ‘" # ys, 7 ie sity )*: i
04 {Sy8 EB | PE a 17 nda ach Springs) - 3: ) ee a AS,
4 5 (ics fa | In this, olan bert Paeitle passenger train nos Dor trom the |: pee hi betta cites ibe
nes tt : , De ie cpt tas gt PARSE eS
At ate. ae county, of his flight a ot the Grand Canyon, lana NTT NET eat TLaPRENGA,
“ith a Vit yo in *s and recapture in the br t his being brought to Zr t the $:- eat vy eet allay
eee ESRB terse ang Panor om foot and St AIOE wyatt he action of MEA ETN Go) LIAS
‘ Vaid f Pat 4) yt ‘ Ruffner ant baa fs Abad h { . Fs 7 is ‘ ep Xs 4
gehts Hey i hid ‘Sheriff George R model hry seh pr git aT AMG
y ical} 4 “ a ‘i vgrand jury. - 1 jall awaiting trial Eee t risoners. by oatgih tk phn FE Me |
TF), Resi rh ¥41: abs lying in the Yavapa tieers and his fellow pris Se ie, rine Sere SON
8 My Ae Veen $ While lying ‘Jonds of both the. office snot long until) fo °°, ee
ees Ail EAGLE sprisoner and i hee “ot action, however, and It was ee ne
en ate al LOSES de was naturally & eC. rrery charges: — - ABYSS
aoe PECL tne peean 19 n1ah Anan ene CoRR HOM ON GT at ar yk celle
aie tyre ly "Among th ‘ello Sarata : Bei di cite Mabie bike ee
¢ ae fier go Cee Reon de eeete nn med Corn : Re |) Po | GS Os SR STD BY |
SAY a UA Lala AM ama mmoAMM A tRUsTY 20 the OHeot Oy ty the court iu) een OV EL TBAT
etd tae Vea gaat ae ing wa Wat Parker Te avi ye ed ke DAs AU AS
“| 1 mis atid ALG in sine out the cells, ee dutles, and Ab aga Tersily put into bee tn eva Nay at ab :
i | Bee se Re PeaTe house yard escape, W Dra eat ie Ot SEV gs
‘| | Ki! le eR AS ae * pased o plan for fSarata. eel ora AY Dik Dé ide
BAT. LRA . aye Phy ste OE bday? sand Miller ’ connivance 0 en tfice 4/ fe A ‘i r Bae \. ee it F x
\ rt i ine) ‘ ye ure if meee aenaellon, a re Gait, teller quarters, And neurt eu and Me pesree I" " mite body ae
We Nida Weed ae WG! “STYLER DUNT At (hat : io ihe’ old re : ? 1 steps bes * tes alta ete y wears Pah Yee
te get! tie, pee heg hay Hiding attached to descending ‘several steps. ESSA T A OOOETI ELT OAD by
Kt hy (th fit ed ¥ ‘2G avere In a bu ourt house by des ift's office base ee MS Tea bee
wn heel akin al’ Ait ae Lerecl from the ¢ Jone in the sheri{t's oe AM UTE LE ODSES EE
S eed ANY : swere en f the jailers, sat alo the jallyard door 4.46, 7 f%: AGING } re ROO S,
WD ec a BA A Mendor, one of the aratn eame to th ton. $2 RE, : CPR DES UEREPBIVPi tel Fat)
» irae res eT te Jats 5. mi, on May 9, 1897, fete et door to attract his ae viias A ETE 4} Hil vated Sa
aia las i Ay Greet with 8 coup e of buckets . Satire to allow Sarata io a ae the Beare tid way ne bak xt
Pi tego Le Eads ake) a reguinr pr ard, he picke ce he A ORE Y NEE: pl Bega ak
Br eb WEES RCT TAs It had become In the outside yard, the door. Vee BES ga Gf sD
“| (1 ‘ ty ey erees I use from the PUMP vied over and unlocked SP TLOR UT ARE) Seer Nt E St eae
Wea d tl eA Pavia for Ja : the desi, walke ets, grabbed the i¥ } Sear STATS Cu Stee ttob PAS BO
at gvepyh ot yi] RUA REC heavy keys from dropped his buckets, Ing [Se aS
a Ua, om 8 oy! Rent ‘ As the door swung open age in the face with them, Vinee tate ae as } a Oy ae MAN ¥ |
is ti \b Way ia keys from Meador and atrnterorehead which ran down into Me Pah ow Get Ut Aid
vant fey YS ah eel d i toot A wound on th wath an 4, rent 405 4! ened t \
tga b tad ose Ge Hee lite (! hlood from door hy At t ve , fot .
hae! Att ery 7 inate eyes and blinded him, er and Miller burst through ae cced, i ee Ai | ee
ares PA pray ad At the samo moment Firien voing out Into the open courtynt® |”. ey ee
ey ty Het RN past the fighting eouplP, hie jaiter's room, seized a shot gun ior bly |
as 1 eins Cae ya Mee ek Se eo 48 e f Peat ee ‘ . : yl
oo ts a OS ely while Parker rus : Him fee for see 4 poy pel
pees has eat out holding. 1 at tect hit with the hoya Monee Cat eee UP inp ae btn paar |
Bot ANS Sevvgthe When oreo poliering for help. Anothe through the courthouse |) ie anit yilt) SARS Be
7 , ! ; “ier i As, @) and commenced lhe eries and rushed vag Parker came} fo 4 Meas Rip
2 etre tet eae oR se, heard the scue, just as Gal ee eee ee Salt
we +2 3 air Yop haga WoRne ne Bertie down the i i esti Without seomont't sts ae rly ba ays on
Peigfh el Vere ead Nee aeh, aut of the jailer’s room with and discharged Its lond of bucks rae ne SLL Va)
" ae iE a. tfeah tet AUsE an i. Wallon Parker raised a aay wounded. ond fan outta ore 3h UH),
EEO * tes eee Baa oie Sd ons be Norris, bas agent disennared himself, CEO eee rarria dying on | it wb a4 ARM:
ptet pis 2a Whe kb TW epson Ut ae, ey this, Sar a Beth Parker Od aL agetbey., reat hye
“fat tal wyye OP tee “0 t's ih the pit immediately kellowed Oy trying to stop the se of nie en hybe rit ; 1h
TRF AG pT Bore Caltaiy’ td fe the steps, and Meador Fron Oe a condition Mendor fire ' Lae CAMs pas Th
y A \ Js iit he 1\ eee i, ; : B “e on Y oe {nto his yaar arable ant put missed oeverd st able and entered , 7 4 ‘ \ \ ; 1 a 4
on, ie on geet Sek fF ane Bi ‘ bee a at the fner's ‘4 Y ‘te Ay Cs ‘ ~% Y6¢?
.} nee mae _ Ligh ene of sna then, aera g Ae RN vata dodged around the court Be ph Ey “4 a:
. EAN ae FE NEE ae IL still holding the s ’ J RCT aoe Fr ek
4 { SY ae A) iy rea and disappeared. er and ordered Pea fyr sy: tT}i. eee dt |
\ oa ' oT : .* :- . ae ‘ trey VS a Mi) " Re ase house a om encountered a hos C: ns ‘ A: H Ag | ‘ ‘ on ,
+ #: sti i Cn Se SARA Poa , IN THE STADE PATI TT saddle it in a hurry. cae page inte i geig Oe Wie Isat dy: 7
Mi eae ee ART LED im fo ek oul a ROM » frightened, that ho was un conting Inf.) eee, ; J) )
i +0 i} cee. iv tree Cady yo surprised, and ones Parker secing Walter ear bagtA plutted | yf n/t ay thag lls |
4, +e a Mr rv mien & OE de ae ce shore d down p © GAY ea he eee Puhege’ de
pat tt AUN EP Rate “Heit netton at once, , a saddled horse, rushe 1 and rode away. |» AS ot 28 2 Y i
ARREST A as MR eT “Ve the doorway leading teun,: mounted the animal Ane tor) aney, | ¢. P er
fea l a Vd Mh NC LA , oft with tho shoreuns: tho back doorws door onto | f3 ra if ats
4 , : at ron gras \ ( Walter av ye rode out i) ront J ee et tn
2 it Peru ce ee 4 accounts 9*) te ok o out the : to write fog oR ,
} | EONS REE \ eM! MI (i oldclimer who was here Aye he care finds. bn) tein (sl a | \ a | |
: : ANE rites Res Sieur |
oe weed ~ )
os il ae eS ee

pas: Seed j 0 232 Bei

o : : or ae
’ 2, ™

Os ah bree a ee eae
see Letaniabratamthansdt. Lana
re >» c™ ob ee O

EE UE role ner et one oem
i yrs

al feges:
d

{S. S. Preston though he ha

ad

Te Werk

de of the old-timers

tu
eld up .a
the act.

ost

Miller and Sarata were
ker and}

Officers ki t¥
ts face on

in Killing
on display in every .p

drain or a_ stage
friends, There would be no §:
offense, but sev

Parker,
f the Jaw, This was

the well known Inwyet, |
e or Jess sympathel
(There was a law in Bf

ker changed complete!
json term—Parker would

A |
oe

t the wanted mén kept coming tn from

ikely report relating that Par
armed with a Winchester, i)

ard Leo's Ferry. Following;

d 10 Navojo bucks to join him in an effort to }/’ ih

a hanging
heard of the eseapers, and it ifs

pal focus 0
that-‘they had made a clean get away,

where Phrker had spent’ sever

A man by the name 6

le of the atti
led for a pr
leney for his holdup),

11 of his
Ived the same len

en he was caught.
double In the vicinity of Lynx Creek.

since he had been. mugged, h

ntended to make Jt his Inst,
tlees was nimost at once

ded with that mor
anyone in

ain robbery
bb cedar tow

da
Ining states,

d wh

sentiment toward Par
Ime mating tr

hellion who merely h
oodedly kill

had been sett

for Parker was on again.
arker was the prinel
lerted, and,

af good horse an
the seru

o and the law }

him Jf an

n

riding

Id-

‘outlaw,
WII ‘TIMID PRUS'TON WAS ready

nervy
boy,

but
d been seen riding

‘hen for over two weeks nothing wag

began to appear
around Flagstaff, however,

4
Jost all sympatthy an
arls of the state, one 1

here were a

Parker,

nl
o
+s
3x
melt
oe
t =)
io
1s
“ja
js
> a =)
oO
jA%
ff @s
3o
t=]
=
i~
a
See
iw
tx
—

Rumors of the presence o

Now the hu
i all p

‘also wanted,
‘his third escap

'

. Up

years As COW

{olerance. that was: echaracterist

Tom G. Norris, .the
toward any

and did not co
Miller ha

travelling through
‘his hunch, he induce
reapture the

_ottice in Arizona and adjo
reen

Mh Norris,

1. merey now for
‘effect at that t
‘eral previous cases

| probably, hayg reer
Veveryw
‘the reward no

|

‘
1! Heretofore he had been regar

4 ee.

for the trall Parker had! tH

Parker 3.

Icked up the tracks,
ded by the 10 well armed >:

t17 days after his escape,

thé Navajo soon p
imself surroun

26, jus

but the leeen eyes of
the morning of May

awoke in his camp to find h

end,

ny
‘a:good ]
sand on

“Navajo and Presto

wre Men nen pte spre SH

meters

-

=

Smee eens 5.

1o Jerome and}'}
heforn the jall

{nken to Fingstatt! is:
ive himself up, joj cies"

d to Prescott,

me.”

he was

who had made his way

was induced by friends to g§

nnd then remove
both back whera they were

™m Hered,” he'sald. “You've got

ne
TMscorted by Preston and the Navajo,
tured,

Parleer’s trial was

‘Judge

but with the added charge of murder confronting them. Sarata

jailed for o day or two
About this time, Miller,

“T know when £
“peen In hiding there,
fro that now they were

- breale,

.
e

yand

=< et ese °: aS
= Sos = ae Ree eh

i a

Sipe es. Wee
EY a na

ET

oie * i >a
eter Tt Seg OS ee <Z.

nes ~ oe tener WS = were BS
pee

: oj oan warete OCS, ee oy,
Qe i ak Ths

=7i—
os

~

is

<
Pe, Sa

25S ewe et ieee

t

and 17, before ey" att
Pat O'Sullivan,

held jn Preseott on June 18, 16,

never was cap

ding, with thefy {}, 4
3, 1897. FA
this time only as a defer bh [y-

hanged on August 1

’
U

Tross, assisted by
G.:A. Allen defen

and Joe Morrison and
Parker was sentenced to be

Hawkins, with Iarry D.
But once again Parker was 10 escape

a. J,
“prosecuting,
It that.

f

Ld
resu

His case wak appea

‘dein's sentence was susta

. Slonn ordered the hangs
1898, This order was duly

Ruffner,

led to the supreme court, where Judge Haws f;
t on June 3,

ined, and Judge R.

t, as attested by Sheriff.

‘ing to tale place in Prescot.
‘Ut *eral men’ who are still living.

ecarried ou

and as witnessed by SOVe Ii fi)"

of an wrongheaded cowboy, who had dies
in slich cases, not much (0, V7

but) as usual

Thus ended the brief career
lenty of grit and determination,

t,
t

er Parker’s first sentence, Miller was

in the killing of Norris,

“On June 23, 0 few days nfl

f°". heonvicted of belng an accessory

‘brains,

ttt ees Ky

lear ¢:

1 belng pald fl:

and sentenceds.

the arresting officers who:
ht he able to collect:

such as the effort to try
000. ‘The records are not ¢

mg a‘few years he was pardoned.
chase mig

captured.

$4,
nor as to Any rewar¢

in the
jo for Parker's final capture.

sorvin
f this caso,
in order that
vey
nround

oa a

wees
nas

Peete

W414,

ife, After

d, was never

“19
Ode

me of that cffort,

ther phases 0
time and mo!
mounting to

“Paricor first for train robhery,

‘

Yuma prison for }

“Sarata, as state

There are 0
‘iad spent much
reward money A
"as to the outeo
“Preston and his Nava
nahh Ee abr OhAen 4

be Fe)

I.
t

. |

rey

o-

Sees Fog ee ee a oe

—_—~.
.

+o" ~- =
. =) aia

wi te rm

en Se,
pL een ER

a7 5
= Tete ee -

PIAS ert F

Sh hOl a enrn? || +3 4

‘Ps we morn e te pre nny


|

Qui Pas6? by Kearney Egerton

other robber disanneared inten ~

if H
angman’s Noose
li t im Parker was a 35-year-old Bave chase. It was a Pursuit, in
we cowboy, shortset and mus- cold and rain and snow, through
=h4 cular with dark hair, a light canyons and Over mountains,
zt moustache and, The Prescott that lasted weeks. But the law-
ei! Courier reported, a sinister, de- men were determined that Par-
=! ° Eb 7 termined expression in his blue ker would not escape—and he
os va ee eyes. He was a drifting cowboy, : did not. He was cornered in a
= . working as a herder of cows and small canyon, captured and
| a a horsebreaker for Cochino aken to jail at Prescott.
en . County ranches. And, like many iMwas scheduled May
=n, of those migrant riders, he was a At the trial did not dog
oa! q ES man out of nowhere, without is cellmates at Prescott de (poem car £
aa on ties or family. | were a Mexican, name unre- 9 the “body into 's—
a | | - He was out of money, too, membered, and a man named - |. and wheeling it
al - j. J ..much of the time and he Miller. ME Al id etna wae” 4
#4;° © "resolved to lay his hands on _ The Mexican asked the jailor nt | 1 and covered it
| _ Some—a lot of it! There was Only for Permission to leave his cell er tie . ace a
Z ela ato for a ch hed ms and get a pail of water. “I would to’ in Ss. ‘Wiliseratt,
¥ qualttications to enric imse like to hi le watch, and, hav-
3} quickly: train robbery. It was a myself errant rn teenene pie atid one
a ni . ‘ Pall, , 4 Py
3 risky road to instant riches, for the Mexican said. ‘The jailor | phy anh elas
= train robbery was a capital crime agreed, and when he opened 2d ane "recover the °
Fe in 19th Century Arizona, . and the cell door the Mexican te phi! heya al
= _only desperate men took it. knocked him down and took the id =e oh the pos and
_.. Parker recruited two like- jail keys. Parker and the other of | vroached ‘the eta
“minded cow country malcon- Prisoner joined the Mexican and Ne AG rifle-and wept oun
tents and in early 1897 they held they ran into the sheriff's office = si er rasp
up an Atlantic & Pacific train at strapping county-owned gun- e, ae or ais oo "
: op e a halfway belts around their waists. Tas ‘to command a
tween Seligman and Kingman n jai 5 front door, (1
and not far from the stithern. Notils, “enterae ei ae s hanna ee
’ jal at that ida recognized him
“most bend of the Grand Canyon. juncture, - unaware of the jail e y sheriff, and at
The bandits halted the train as it break. As he stood in the y has cone ar.
_ Meared the little whistle-stop doorway, he was shot by Parker St |i suspicion of hav-
‘Station and Parker and a confed- and died the next day. The BS aw ‘nitbins prs
erate sidled up to the open door escaping outlaws stepped over ay. , however, that his
of the mail car. . . Norris and hurried to the stable, Aat Bil ox
“Hands up!” Parker yelled, { with Parker climbing aboard the van ‘
“and throw out the money box!” " sheriff's favorite horse. me
“Go to helll” the Wells Fargo -' The fugitives fled ‘southwest- the
messenger answered, Picking up erly, toward the Congress Mine. =
a carbine. One of the robbers The outlaws Separated: the Mex-
tried to climb into the car and ican was never seen again, and ker's
__ the messenger fired, and the the posse caught up with Miller, Il off.
_bandit fell, rolling dead down wounded him and took him back ike a
the embankment. Parker and the to Prescott. i cemmettion. weak gan’


—-

BS

a,
hoe

“a5

wr HERS + is *
Bis ie Gee eas et caee

After the bandits were captured they were identified as Tomas Roman and

3.

ay
&
on ©
ey.
a
ae
fare

- Victoriano Martinez. They stated that they lived in Tempe.

Ste ee

They further stated that they had walked from Tempe to Maricopa where

ate’
t°s.--@tage in Tucson on the morning of January 14 and headed for the Mexican

rade
oer
es

=? they boarded a freight train which took them to Tucson. They boarded a

3°" border. They alighted from the stage at the small community of Calabasas,
=" Meteoba a few miles north of the border. It was there that the shoot-out
~ occurred resulting in their capture.

An Immigration Officer named Swink and a former Santa Cruz County

Sheriff, Harry Saxon, saw the Mexicans as they got off the stage. Saxon

4

was sitting on his horse across the street. Swink started walking toward

' the two men to question them when Roman pulled out his revolver and fired

or rae Sah ibe gw ee <4
lgtiety Bil i : % :
ay eu T WE Mere Ss, STO se
hee ty ee AN, & ibe as 3
i aye ale, Mia? a :
= 4.0 é

. twice at the officer but missed. He then wheeled and fired at Saxon. The

Neey
% at

te ‘ 4

- former sheriff, rated a crack shot, dropped the Mexican with a bullet

4 X tee
Sorta sg

- through the chest. Swink also fired and hit him inthe wrist.

| Meanwhile the second Mexican, Martinez, was trying to fire but his gun
‘failed to work. He then grabbed Roman's gun from the ground and straightened
= up to shoot but Saxon shot him through the neck.

Martinez died the day following the shoot-out but Roman, although
a thought to be mortally wounded, recovered and was tried for the murders.
= " He was convicted and sentenced to be hung. He was executed at the State

#0) Prison in Florence.

eso Ss ee ous... Capture of the Lawrence Brothers

2 cS te gai ‘oA Askey an forget about the excitement caused by the capture
of the Lawrence brothers, Babe and Will, by Tempe City Marshal Ralph McDonald
eB February 7, 1925.

Phe brothers were notorious Oklahoma gunmen who had shot and killed


“5

eset Police Officer Haze Burch a few nights before in a Phoenix railroad
yard. They were also wanted in Muskogee, Oklahoma for murder, robbery, and

: car theft. ;

| ee They were, of course, the objects of a great man-hunt in the Phoenix and
feape area after the murder of Burch.

=< It has always seemed strange to me that they would walk up on the front
© pide of the Tempe Butte in broad daylight as they did.

> MeDonald was very ably assisted in their capture by Cruz Reyes of Tempe.
e Reyes was gathering wood in the river bed north of the butte when he saw the

3. two men hiding in the brush. He continued with his work but kept his eye on

the men and observed them as they started to walk up the back side of the

& butte. He noticed that one of them was carrying a rifle. He watched them as
7 they walked up over the butte and then sat down on a rock near the Normal "N."
Reyes then hurried to town and notified Marshal McDonald and the two men
: ' made a plan to capture the bandits. Their plan was executed to perfection.
z. Reyes walked up the pathway on the front side of the butte with no arms in

a sight to act as a decoy while McDonald sneaked up the back side of the butte
Ho vith his rifle. As the desperadoes were watching Reyes McDonald came over
the top of the butte and got the drop on them.

er When McDonald ordered them to throw up their hands the man with the

5 ‘rifle whirled about and started to bring it into action. He dropped it,
silica , when the officer said, "If you make a move I'll kill you both!"

Ke The nen then subaitted to handcuffs.

4 = A subsequent search of the men revealed that both were carrying revolvers
ae and one of them was carrying the handcuffs which Burch had snapped onto the
wrists of one of the bandits before being shot down by the other.

= “ye Tempe News reported that McDonald and Reyes shared in a reward of


“later

-

ae

‘

-: me

pardoned by Texas Governor "Ma" Ferguson.

stay %


Ps

Le ee

Lean kA RR Ey,

——

a
‘

around carrying sticks, but we’re
going to be enforcing the alcohol
laws very strictly,” Black said.
“All of these problems we’re
looking to stop result into other pro-
blems, so it’s like a stair-step

The Easter Bunny gets a hug from 2-year-old Abraham Ayon, who was visiting from Nogales, Ariz.,
during the Easter egg hunt at ASU Saturday morning. The bunny is Lamda Chi Alpha fraternity
member Bill Francis, 20.

;

\ 2

:

;

y
together. Needless to say, she was around. I can hear him chuckling
wary quite often. even as I write this. That means

one of two things: either I’m dead .
or he’s alive. And I’m never going
to die. ,

It’s not that they’d ever do
anything bad. Mischievous is a

more apt word. And they bent their

issue.”

elbows a bit. Happy Easter, by the way.

Ex-policeman digs up history to honor ‘domestic soldiers’

By Simon Fisher
Staff writer

“About half past seven o'clock Saturday evening
people living in the vicinity of the jail were startled by
hearing several pistol shots followed a few minutes
later by the ringing of the fire bell, and the first ar-
rival on the scene had a glimpse of a fleeing man arm-
ed with a revolver.”

* Soreads a newspaper account of a deadly jailbreak
in Tempe at 7:30 p.m. May 17, 1919. One of the
escapees shot nightwatchman Albert Nettles through
the head. He died four days later.

An inmate’s getaway was thwarted quickly. Alfonso
Rios, found hiding in a nearby barn was tried, con-
victed and sentenced to nine years in the state prison
at Florence.

Nettles was one of the only two peace officers in
Tempe history to die in the line of duty.

’ The second was Milton Spangler, killed in a shootout
with robbers at the corner of Mill Avenue and Sixth
Street less than two years later on Jan. 11, 1921.

Someone on lookout for the robbers fired a rifle
from across the screet, cutting down Officer Spangler.
The “murderous bandits” as they were labeled, were
shot themselves by a sheriff in Nogales suspicious of
the desperados as they got ready to flee to Mexico.

A surviving robber, Tomas Roman, was returned to
the Valley for trial and sentenced to hang in the state

es mea apetat :

-

prison April 29.

Nettles and Spangler are little remembered in
Tempe history or state annals.

But when a 43-year-old former Arlington Heights,
Il, police officer finishes research for his book, the

‘two will be obscure no longer.

The former Illinois policeman, Ronald Van Raalte,
is compiling the first complete accounting of
policemen and policewomen to die on the job.

“I figured we have memorials to soldiers who died

‘in wars, so we should have some kind of recognition of

those who died in the streets defending the citizens.

“T call them domestic soldiers. They should at least
be accorded the same respect as those who died
overseas.”

At least 16,000 U.S. peace officers have died in the
line of duty, said Van Raalte, a regular winter visitor
to the East Valley.

“I stopped tabulating how many there were about a
year ago,” he said. ‘‘When I get all the information
computerized, I’ll have a better idea.” ~

The task has taken him five years so far, and he ex- -

pects it’ll take at least two more.

Van Raalte, 43, now a chief of security services at
Avis Rent A Car in Chicago, found the idea for a book
when he was on the Arlington Heights force in 1978.

p 3 2 5 \

Ronald VanRaalte interviews Cubs manager Jim Frey. ere

The error bothered Van Raalte, so he began check-

a drunken driver. Reports that the officer was the first ing. He soon found that few police departments had _
in Arlington Heights to die in the line of duty were records of such deaths. ; =
quickly corrected by relatives of other deceased ~~ -“Tfountthe FBI'ereeerdeonly go baek-te-1972,"-As ---
officers. ; pe Penge turn to Book, D2

One day, a fellow officer was run down and killed by

SVLIGVOTNON ~ WNOZIUV “SdIWaL

’ - Fe ax pa deen diack va ET! 4 x

1) epee DAlly NewS: Ree

Paste ae i
Ty. roo ,

-
sine

Crew aly)

TK

a

I A ae a

OO ee CS eI

ahs AE AO ATs aa il a NS
J — : gr - - dma
2 ae 24 fs . it <a

ri a ca sy” rad 34a aa

1909, between the hours of nine in the morning and five in the
afternoon of that day to-wit: at the hour of twelve o'clock noon
of that day, at the court house door (front entrance) in the city
of Solomonville, county of Graham, Territory of Arizona, I, Ben
R. Clark, sheriff of said county, will sell all the right, title
and interest of said I. L. Qualey, one of the defendants, in and
to the above described property, at public auction, for cash,

gold coin, to the highest and best: bidder, to Satisfy said exe-
cution and all costs,

Ben R. Clark, Sheriff,
By Ben W. Olney, Deputy Sheriff.

y a ener = x

A Hanging at Yuma

Santiago Ortiz paid the penalty of his awful crime on the
Gallows at Yuma last Friday. Ortiz murdered his employer, a
Mr. Moffatt, at Harrisburg, Yuma county. The old man was found
dead in his bed with his head crushed, Money was the object of
the murder, Ortiz was Suspected and arrested, Shortly after his
apprehension he confessed to the murder, He took the officers to
a Yavine and showed them where he had buried the instrument of
murder, which was dug up and proved to be a miner's drill, about
tnree feet long. The stains of blood and patches of the old man's
hair were still on the bar. The trial of Ortiz was brief and the
verdict guilty, The sentence of the court was the death penalty

and yesterday at noon Sheriff Speese sprung the trap that swung
Ortiz into eternity.

Tickets for the Normal Theatre will be on sale at Maeser's
stationery store in Thatcher,

WANTED: AN INVALID CHAIR

, Any one having a rolling invalid chair to dispose of will
please correspond with Dr. John H, Lacy.

Solomonville, Arizona.

UP AERO AE

Me ORTIZ, Santiago, Mexican, hanged at Yuma, Arizona, on November 16, 1900,
4 > a
4

y
/ “;

é 5 jae . Woe. hehe
Yom July ho keer.
J~ “4 a a
C jsineg , ee ra G3 one xy c eas Ad | Po a / A

er ,
C L 5 ened : / . Ww. , ty oe -_ 7 7
ae f Li ~ ri ge¥ mHhee GCArepe dite Lec € Cr Ce an

nS AN Hig aan eee


PARKER, Flemming, white, hanged at Prescott, Arizona, on June 3, 1898,

"My uncle, George C, Ruffner, a territorial sheriff of considerable tenure, hung his
old friend, James Parker, at Parker's request. Your date of June 8, 1898, is
correct and I have a series of four pictures showing James Parker on the gallows
with George Ruffner, Morris Goldwater, the uncle of Senator Goldwater, who was
mayor of Prescott at the time, and Father Quiteu who administered the last rites
of the Catholic Church to Parker prior to his execution, Parker, among his other
crimes, shot and killed Lee Norris, the assistant district attorney, while he was
making the jail break on a Sunday morning. I also have an original of the Wells
Fargo WANTED poster which describes him and his train robbery and murder of Norris.
If you would like to have a reproduction of either one of these, I shall be happy
to furnish them at my costeee" Ltr, dtd. Auge 3, 1982, from Lester Ward Ruffner,
Barranca Drive, Prescott, Arizona 86301,

ELEN RPE EMPIRE YN TAIN EEN OTTO Le a nay MF

ards withdrew, and as the
ed, Odom’s eyes, full of
se. followed them.... «

et had it to do over, I'd do it

n times he gasped in the
nes before a curtain drop-
Zeger the window coricl
*s 11th lethal execution.
‘Disapproves Of
in his office, Warden Barnes
his disapproval of capital

who have public sen-
against them and no
ww don’t have a chance.”

ort Given

Ae hte) a AAA aks 10 AP NE

t by the Arizona Republic-
Electrical Equipment Com ny
station KTAR at 7 o'clock tonight.

Scheduled as “one of the out-
Sapaing programs of the Foe ell
designed to help the “Fight Infan-
tile Paralysis” campaign, the 45-
minute program include such
stars as Rudy Vallee, Edgar Ber-
gen, Joe Penner, Al Jolson, Walter

Keefe, Lanny Ross, Kenny Baker,
Tony Martin, Phil Baker, ae
karkus, Dorothy Lamour and n
Wilson, with music under the di-
rection of Meredith Wilson.
program will originate in
Hollywood as a National Broadcast-
ing Company release.

New Deal Gets
Slump Blame

teen's body was claimed a short
me later and buried at 10 a. m.;
Florence cemetery by his | mittee

and stepfather and 12 broth-'could not escape a share of the
si sisters. The prison chaplain

ahead,
bejties would

WASHINGTON, Jan. 14—(AP)—

Arizona Republic, Phoenix, Saturday Morning, January 15, 1938

_ CHEYENNE, Wyo., Jan. 14.—
(AP)—Canadian cattiemen asked
for a place in the United States
market today and urged removal

of the quota on thin or feeder
cattle.

_Appealing for a “long-time as-
pect" on problems affecting the
livestock industry in both nations,
Robert A. Wright, president of the
Western Cana Livestock Union,
Pitman, Sask., told the American
National Livestock Association ex-
ports of thin and feeder cattle
should not work a hardship on the
industry in United States.

“The removal of the quota need
— no oo cattleman be-

our surplus is small, aver-
aging from 0.4 to 1.35 per cent of
the total United States slaughter
cattle and calves,” he said.
Regularize Shipments
“This small number of cattle

Canadian Cattlemen
~ Seek Quota Removal

Minneapolis and St. Louis Railway,
he said.

Tuomas E. Wilson of Chicago,
chairman of the board of Wilson
and Company, packers, pleaded for
co-operation between stockmen and
packers and urged that $1,000,000
be spent annually to advertise meat.

George E. Farrell of Washington,
western division director of the
Agricultural .-Adjustment Adminis-
tration, urged stockmen to accept a
“national viewpoint” and not to
oppose national conservation, pro-
grams.

Lake Painting |

Scott Folloett |
Rites Are Held:

SAFFORD, Jan. 14.—Funeral)
services for Scott Folloett, son of!

could not exert the slightest influ-
ence on the market value of total |
slaughter cattle in the United;
States. Further, it is my opinion,|

|A banker and an industrial leader
jtold the senate unemployment com-
today that government

,blamé for the business recession.
Winthrop W. Aldrich, chair-
man of the board of the Chase
National Bank ef New York,
told the committee that gov-
ernment’s most serious mistake
was in offering direct compe-
‘ tition to the utilities, thus de-
stroying confidence of investors

the durable goods industries.
J. D. A. Morrow of Pittsburgh,

resident of the Pittsburgh Coal
‘Company, asserted bluntly that
“this de on was made

ment that some mistakes had been
made,” and by rectification of the

| which again would be helpful to

the removal would tend to regular-
ize shipments throughout the year,

both United States and Canada.”

He said the Canadian cattlemen
were “ready and willing” to help

fat or half fat cattle” which occur
“at one or two of you markets.”
Both nations, Wright contended,
are suffering from the want of}
trade arrangements that are!
“equally fair and satisfactory.”
Lower Duty Urged
“When we cannot ship freely into

your mafkets we are placed in the
same position as if those areas of}

your own cattle country that are|
adjacent to ours were shut out from

in| your markets,” he said. |
‘Washington.” He declared it could)
be cured “by frank acknowledg- | wright

Unless a free market is available, |
indicated, Canada might!
jeventually be forced to curtai] its!
exports of raw materials to the;
United States and reduce its im-'

ports.
Wright also said Canadian stock-
men would like a lower duty on
beef. |
Government Ownership
Wilson McCarthy, Denver, co-,
trustee of the Denver and Rio|
Grande Western Railroad, told the |
stockmen, during a plea for the)
railroad’s request for a 15 per cent |
me ht rate increase, that “the |
(nh

avoid “occasional gluts of Canadian!

Mr. and Mrs. O. W. Folloett, who:
died Thursday morning in his home

at Pima, were held today in the)

Latter Day Saints church in Pima.

Milt Lines, first counsellor to the
bishop of Pima _ ward,
Speakers were J. R. Palmer, Lafe
Nelson and Spencer Kimball.

By special request. Mrs. Phil Mc-
Bride sang, “My Work Is Done.”

Interment was made in the Pima

W.S. Crockett.

Given ‘Softies

WASHINGTON, Jan. 14—
(AP) — President Roosevelt,
who called those newspaper-
men “softies” who complained
of sleeping in heatless and leak-
ing tourist cabins during = cold
and wet overnight stop with
him at Lake Crescent, Wash.
last fall, carried the joke a step
farther today.

He presented the reporters
a painting of the lake, si
on Olympic peninsula, to be
hung in the White House press
room with this card in his own
handwriting:

“To my boys: In memory of
their heroic and uncomplaining
courage—September 30, 1937.
Franklin D. Roosevelt.”

presided. ,

icemetery, in a grave dedicated by

IMPORTED

ORIENTALS

AND CHINESE RUGS

a UP

ARIZONA FLOOR
Covering And Shade Co.

316-324 E. Washington Ph. 3-4167

+ af the railrnasde must he! i

scaateetiebieehenitinl

—
NEWER--MORE SWAGGER


ny feeling of gratitude

mart at the time, hut
nur victitn inde¥initely;
irn the tables on you.
«the end of your nore,

» of aome victim they
such a thing as being

d in dealing

be
int
liar puts himself In a

is a liar. The lawless
the most easily tricked.
deal in by giving one
to square shooters by

ists. It is a description
An to vou just exactly
as getting away with

g run they come back
can not be fought in

H.1. Phillips
)

a

dest to go “bust”
ckeons sore.

* brass or steel
gz fone!"

all like to fee]
de for fun.

Pp ruin slitle,
light .

8, is suicide
for spite!

‘OF VIEW
le Here’ the sign quite

house to buy a cherry
pose overed there

romium upholstered all

‘modern but through a

cupboard that nothing
mar;

‘ner jolted me and sent
oF

she told me, “to buy a
bar'"

— Marie Elise Robinson,

ber?

o: Jan. 15, 1908

of Alhambra was in
ness yesterday.

s0%y will sing at the
this evening.

gins, after a few days’
gTippe, is back at her
ice of the Independent
pany.

Flagstaff, arrived
to attend the session
court. He is an attor-
on with the tax sult
nty against the Grand

of the firm of Wors-

e cases before the su-

of Tucson, is in the -

Prag

ter

y
Hs |

regret ivevealed)

Over Wasted

~K Existence

(By Staff Correspondent)

RENCE, Jan. 14.—
Elvin Jack Odom, mur-
derer at 27, looked at ap-

proaching death today and
said:
"If I had it to do over, I'd do It
different.”
That bitter regret was his Jast
ken word. Nine minutes later
he was dead, his life forfeited for
the brutal killing of Charles E.
Goade, 55, near Perryville Octo-
ber 13.

The Texas cotton picker be-
Heved for a long time that it
eouldn’t happen to him.

Only three months ago he
muttered, “They'll never give
me the gas x x x I’m too young
to die x x x I'll go crazy before
that time.”

He had just heard Judge E. G.

Frazier epenennce his death sen-
tence in ricopa County Superior

Split Goade’s Skull

He had confessed splitting Goade’s
skull with a stove grate as Goade
@ept in a cotton wagon, and rob-
~ him of 54 cents.

e added to his half-musing
eomment:

“Life is too sweet.”

It was bitter early yesterday un-
der the lethal gas chamber’'s bare
light bulb as he looked at death
and cringed. And a moment later

re was only the bitter almond
of the gas.
Only 21 Watch
. Only 21 persons watched the ex-
e@cution. It was one of the smallest
audiences since the llows was
abolished at the ona, State

in.
» Odom soundly until 3 a. m.
¢just an r before the time

for his death. He spent that
talking with his death watch
having made his bed.

¢ At the appointed time, he

* hands were strapped to his
and a stethoscope affixed

@ver his heart. ...

_ “I wonder if they got that seat

warm up there. I don’t want to sit

Gown in it if it is cold. I want them

to it up.”

shook hands with the death

r “all set when you all are—

iG 13 Steps
‘Then, followed by guards and

Rev. Lambreth Hancock, prison
he climbed the iron
glancing disdainfully at spec-

; , Jack — God bless

ine at ‘the door of
death cell since becoming
of the prison = year

wishes, Warden, until we
ain,” Odom replied.
himself in the ‘ death
se ir, he quavered:
elena right. Never was
happier, “by, all of you.”
men forgetting the crowd . .
See we have ‘eggs’—guess
Hinued On Page 3, Col. 1)

buver Set

appea
‘thonors in an eitert te save his life.

— es ee eee
DAY with a hole
through which a string is run,
You hang the soap around your
neck while in the tub. We knew
the Democrats would finally do
something for the country,
e * *

And William Hovard of Wood-
side has invented an envelope
with an ever-moist sticker, so
you won't have to lick the muci-
lage. Happy days are here again!

e es *

“Husband's habit of keeping a
hammer under his pillow in bed
crushed her love for him, wife
says.”"—News item. There was
always the dreadful fear that he
might get up in the night and

‘Wall Streeters
Surprised By
Roosevelt

(See Faitorial Page Cartoon)

ASHINGTON, Jan. 14.—
(AP) —President Roose-

velt startled the business
world today with an emphatic
call for the abolition of hold-

start hanging pictures.
s ° e

(For More FA. 1. Phillips
fee the Faitorial Page)

Vice Crusader

Badly Injured
In Bomb Blast

nderworld Enemies

Are Blamed For
Try On Life

LOS ANGELES, Jan. 14.—(UP)--
Harry Raymond, once known as
“the most feared copper in Cal-
ifornia,” was critically injured to-
day by a homemade bomb which
friends regarded as the handwork
of underworld enemies fearful of
his activities as a vice investigator.

group h by Ol
crusading member of the 1937
county grand jury. Clinton, whose
own home was bombed several
months ago, said: “It is the opinion
of Mr. Raymond and myself that
this was a deliberate attempt to

murder Raymond.”
The committee has been actively
engaged in combatting vice and
bling in the city and county.
Raymont has more than a quarter-
century of polj

work to credit.
Chin t

British Officer
SHANGHAI, Jan. 15.—(Satur-
day)—(UP)—A gun battle was
fought in the western area 0
Shanghai's international _settle-
ment late last night after Chinese
gangsters shot and critically
wounded a British subinspector of
police, John McPhee, who was near
death today. Forty-eight men re-
sponded to an for blood

McPhee was leading a raid when
barricaded gangsters opened fire.
McPhee fell with two bullets in one
leg, three in the other. Another
entered his jaw and came out of

an eye,

Anarchist Editor

lle -Meted Term

ing companies in all lines of in-
dustry and finance.
He told his semiweekly press

conference in unmistakable terms
that his ultimate aim was the
elimination of such concerns not
only among the power _ utilities,
as now partially provided by law,
but in banking and other business
and industrial fields.

Wall Street frankly was
amazed. Experts on corpora-
tion finance were quick to say
that more than half the com-
panies whose securities are
widely held are holding com-
panies, in some degree at least.

. Of the latter, they said, many
actually are operating companies
owning outright control of sub-
sidiaries, and thus differ from the
pyramided type of holding com-
pany to which Mr. Roosevelt has
ee in the

field,

Question Is Complex
So complex was the question

posed by the President,/in fact,

that many financial m said they

thought there might qualifica-
el

tions which Mr. Roogev had not

mentioned at his pr nference
Regarding the ident's
criticism of holdin ies
In the king fie his
attack “remoté control”
of } ks, they estimated

eompanies control
of nearly

Mr. Roosevelt
to carry jout his idea
conjecture.
me students of political even
thought he might touch upon t
bject in his forthcoming m
to congress on “hermful n
practices.

Has Ways

yy

eng that ha had

at point yet, Ho
there were various
away with old

given in connectidn wi
ed analysis, requested by reporters,
of a memorandum left with him
November 23 by Wendell L. Will-
kie, president of the Common-
wealth and Southern Corporation.

The President went down the
list of the requests made by
Wiilkie.

One of them was modification
of the so-called “death sentence”
in the hoiding company act.

The President said that under
no conditions could the “death
sentence” be modified.

“Why Have At Al?”

A reporter asked if he was jead-
ing up to elimination of all hold-
ing companies. He replied that
he was.

“Does that mean those of the

¢\first degree?” he was asked. He

replied il amaal “Why
h any a
"He spoke of control of local

U. S. Awaits
‘feet

past in the utilities,

k <a Sas the L

jed out that Dodd is an Ame
citizen entitled to voice his pr
views,

Dieckoff hastened to the de
ment shortly after it opene
the day. He carried excerp
Dodd's remarks, in which the
mer diplomat charged the
rule of Adolf Hitler is “more
solute than any medieval emy
of Germany" and that he
killed as many personal oppor
in five years as Charles II
ecuted in 20.”

Hull declined to cite ¢t
exact passages which arou:
Dieckoff, but said he remir
ed the German envoy that f
right of free speech is obse:
ed in this country, that Do
is now a private citizen, a
that the government does 1
have the jegal or constitutic
al power to control or cens
remarks of Individual citize

Dodd resigned his Berlin
December 7 after four year

Chinese Wir
Tsining Bac
Japa

hiang Masses An
f 750,000 Rav
Recruits

. 15—(Satur
Chinese a
to stave off.
f the nat
reported t
strategic 7

re taken by
rious counter-at
frozen surface of the

nd

anese claimed slow but stea
advances toward the vit
Lunghai railway despite dete
mined resistance of a Chine
’ army estimated at 400,000,
Independent reports ind
Generalissimo Chiang Kai-She

t, was concentra his u
strength along the railroad.
at east-west trunk through
eart of Central China
been considered China’s
of defense.

Two Japanese columns were «
ing on strategic Suchow like rel
less pincers from the north
south,

The Chinese have been recrui
new troops in the central proyii
at a hectic pace and were repo
to have enrolled 750,000

weeks. These men, with only
scantiest are be
into oles the some

Shark Holds
Man’s Dil

ks ing lodged by holding
prea fa money centers far ij oor Psy Banners?
a4 said the little banker was ae of the teens
disappearing as the result of be- Be ceaee :
ing bs soap from ee York. th man's
That, he a was & thing. ip Done

. (Additional Story, Page 3)

o-

D id [ §


This was the
F Rodriguez,

doom

of his wife on
ended vesterday at noon, There was

evidently little disagreement in = the

heen
been

announced that a verdict bad
found. Half of this time had
f consumed by the jury at lunch,

Judge Kent had not reached cham-
bers when the word came out of the
jury room that a verdict had. been
‘found., He was called by telephone
rand: the district attorney's office’ was
notified.” Messrs. Struckmeyer and!
Gust for
on the way to the court horse and
arrived at the court room soon after
the prisoner had been brought in for
the last time.

Rodriguez’ face twitched in the ag-
ony of aptehension. He had long
since abandoned hope of freedom, but

; death.
He found relief in waiting in talking
to Deputy Sheriff Olea and now and
then laughed hysterically. The laugh-
ing masked the twitching o€ his face.

The court came and the jury filed
in. Rodrigueée could not look ut the
men who were bringing him = life. or
death and he stared beyond them into
vacancy. .

The verdict was handed to the
e@ourt, who ordered it filed and said:
“Rodriguez, stand up.” The prisoner
arose hurriedly, and when the verdict
-was read, at the word ‘death’ mois-
‘ture overspread his face, in)’ which
the pallor had given place to a dark

. {
of Francisco

whose trial for the murder
April 12 of this vear

jury reom, for two hours later it was:

the defense were - already |

‘he was now face to face with life or
The jail pallor had deepened.

ate.

,
’ e n°
‘ . sl
Lic 7 : an ;
,
Sees . “we o
il

ie Horderer Was Quick:
ly ly Found builly

a FINES. THE aur

Formal: ‘Bontencs Will: Be
Pronounced - | Wednesday
‘Next — While Awaiting’
His Deom Prisoner. Was

in Agony of Apprehension

“We, the jury, duly im-
paneled and*sworn, in the
(above entitled action, find

the defendant guilty of mur-
der in the first degree and

fix his punishment at

death.”’ —_ |

ios Meili

ee Sah AA Re Sl

z sti hls a i a

ee ee ee ee

882 125 PACIFIC REPORTER (Ariz.

law does not require that a jury shall be
composed of residents of the districts or any
particular district of the county, but prohib-
its the sheriff from summoning bystanders
only.

[4] Appellant complains that upon the ex-
amination of the trial jury upon their voir
dire the court permitted the following ques-
tion: “Q. In other words, then you believe
that a killing which is murder may be sur-
rounded by such circumstances as to make
it the duty of the jury to return a verdict of
murder in the first degree and fix the death
penalty and hang the defendant?” And in
this connection appellant claims that the
court stated that it was the duty of the jury
to return the death penalty under such cir-
cumstances as are included within the ques-
tion above. We think the question was ‘rop-
er, and that the statement of the court is the
law of Arizona, and that no substantial in-
jury was done to the defendant by the lan-
guage complained of. 2

[5] Appellant complains of a question per-
mitted upon cross-examination of the defend-
ant, viz.: “And yet, Rodriquez, not two
weeks before you shot her, you dragged her
around with a knife in your hand, didn’t
you?’—and complains that the court, in over-
ruling his objection to the question, comment-
ed improperly before the jury in the follow-
ing language: “The district attorney would
not ask such a question, unless he had some
means of proving it.” The question asked by
the prosecution may or may not have been
proper; but the statement of the court while
making his ruling upon the objection seems
to be highly improper. It is well known that
jurors often regard the opinion of the court
upon the evidence as having very great
weight in their deliberations; and in many
instances such remarks are the turning points
upon which verdicts are reached. If the evi-
dence in this case appeared to be close, giv-
ing room for a doubt as to the guilt or in-
nocence of the defendant, or as to the degree
of guilt, we would consider the remark of the
court as extremely damaging to the rights of
the defendant. Upon this phase of the case,
we will consider the testimony of the defend-
ant himself, and the testimony given by the
surgeon who examined the deceased, and the
testimony of one of the witnesses who saw
the killing, as the most favorable presenta-
tion of the case in behalf of the defendant.

The defendant testified:

“On the 1st of April, 1911, I bought a gun,
a pistol. I don’t know why I bought it. I
know I used to have a gun with me all the
time in my pocket, and I had a gun and lent
it to a friend of mine, and he took it away,
and I went and bought this gun. I don’t re-
member my friend’s name. He used to live
in Tucson. If I saw his face, I would know
him. The greater part of the evening I was
in saloons drinking until the saloons closed

up.

“I was living at the Star Lodging House,
and when I left the saloons I went to the
room. I bought three bottles of beer and a
couple of pints of whisky. I took them to
my room, and I drank them the next morn-
ing, April 2d. That morning I got up at half
past 7 and went to a place where I used to
get my board, and got my breakfast. Before
I had my breakfast, I had a bottle of beer.
After breakfast, I came back to the room
again. I made a letter, and then drank the
other bottle of beer. After I made the let-
ter, I came downtown, because my wife came
to the room and called me outside and said
she wanted to see mes I went downtown
with her. We came down and walked
around in the streets, and then I took her
back to the candy store—I don’t know the
name of it—and left her there, and went over
and mailed the letter. On the road to the
post office, I met a boy named Bill; but I
don’t remember his last name. They called
him Billy. He was a plumber’s helper. He
was working for Mr. Mulrain while I was
working for Mr. Mulrain. We had worked
together at the same shop and on the Nation-
al Bank of Arizona building. After I met
Billy, I went across from the post office to
a stationery store and bought a big envelope.
Billy was with me, and he was waiting out-
side for me on the other sidewalk, and then
I went in there and bought the envelope, and
then I mailed the pictures and letter and
took them to the post office, and the post of-
fice was closed, you know, and I just zaailed
the letter and came back to the stationery
store and told the fellow to mail the pictures
for me, and he said, ‘All right, I will mail
them for you.’ And I left with Billy, and he
and I come to my room and drank the other
bottle of beer and some whisky I had there.
We got back to the room about half past 9
and stayed about 10 or 15 minutes. We
drank the bottle of beer and pint of whisky,
and then he and I come downtown together,
and then I left him on the corner of Center
and Washington, and then I had forgot all
about my wife, and I went to the candy store
and got my wife; she was waiting there for
me. Then we came down here out this way,
walking on the sidewalk there, and then we
went back again.

“We were talking together, and she asked
me for some money. I told her I had some
money in my room, and then she said, ‘I
want to go with you to your room to give me
those pictures that you have there that be
long to me.’ And she asked me to go there
and get it for her, and her and I went nag
together. A pair of drawers and a gs
hose I had there were talked about. S 4
took my laundry one day, and when she -
me that laundry back she sent that pair
of drawers and laundry to me. She did
some laundry for me, and she sent the wash-
ing back with the laundry mentioned. ae
asked me to come back with her, and I said,

Ariz.) RODRIQUEZ

‘All right,’ and she went there with me, and; anybody, and don
I gave it back to her. I went to the room} at me. I didn’t
and got another pint of whisky and put it in| night with inte
my pocket, and then got the revolver and bought it to kee
put it in my pocket too. The only reason I don’t remember h
had for putting the pistol in my pocket was | I think they took
that I had in my mind for a long time, you | was so excited I
know, was that I could not stay away from shooting I ran
her. I used to love her’ pretty good, you| then I ran to Madis
know. I don’t Temember what I put the around toward Washington
pistol in my pocket for; but I put it in my! claim that two wee
pocket and came out. I wrapped a piece of
paper around the clothes and gave the pack-| but it is not true.

age to her. She took the package with her. weeks before, and I
I don’t remember whether I gave her any | tice court;

money. I was pretty drunk, but I think J]

save some to her; but I don’t remember reduced from a fel

sure,

“From the Star Lodging House I walked
up with her to where the schoolhouse is
there, and then came back again to where
the railroad track is, and then back out that
street that way toward the east until we
came to the corner, [I don’t know the name
of the street, but I think the same street
they have on the plan there; but I am not
sure. I was talking to her, and asked her
if she wanted to come back to me, and she
said, ‘No; she was living at home. and all
the time I used to tell her to come back to
me, and I told her, ‘Why don’t you come
back to me again?’ and she told me her folks
didn’t want her to come back to me again,
and they used to make all kind of fun of
her that she didn’t want to come back to me.
And then you know she said to me she was
going to get a divorce, and I said to her,
‘You better get a divorce if I want it, And
she said: ‘I don’t care if you want it; but I
will get it all the same.’ And then she
turned around and Started to laugh at me,
you know, and then when she turned around
she said to me: ‘You can do whatever you
please with me: but I won’t come back to
you.’ Well, I was so angry I don’t remem-
ber. I was kind of blind. I don’t remember
what I done after that. I know I shot her.

v. TERRITORY 883

’t want her to make laugh
buy the pistol on Saturday
ntion to kill my wife. I
P with me all the time. I
ow many shots I fired at her.
the gun away from me, I
don’t remember, After the
toward Washington street;
on street; then I turned
street. They

dragged her around With a knife in my hand;
I saw her not over two
Plead guilty in the jus-
but I never had a knife in my
hand. My wife begged to have the charge
ony to a misdemeanor, I
know the judge agreed to. 1 shot her be:
cause I loved her. [| didn’t want her to
make any laugh out of me. I didn’t want
to see her with anybody else. It was my
way of showing my love for her. [ told
Sheriff Hayden that I knew my wife was
true to me, and she was. I don’t remember
if I shot her in the back or not: I was so
angry at the time I didn’t know how I shot
her. I was not very drunk at the time I
shot her. I knew what I was doing.”
Willard Smith testified that he examined
the deceased, and found that she had re-
ceived five gunshot wounds. One bullet en-
tered the chest from behind just below the
right shoulder blade; one entered the chest
from behind just below the left shoulder
blade; one entered the abdomen from in
front below the ensiform cartilage, a little
to the right, ana followed a course down-
ward and outward and backward, and emerg-
ed in the right hip; one was through the
fleshy part of the left hand; and one in the
left thigh.
Margaret Sasueta testified that she saw
the defendant and his wife on Ninth street,
between Jackson and Madison streets, about
half past 12, “They were conversing when
I first saw them. JI heard her eall for
help, and he was running after her and

My memory is not clear_as to what I did.
I was excited. I cannot understand English
very well, and I cannot talk good Engtish.
I remember well What took place. I remem-
ber distinctly the things I did, and that she
said she won’t come back to me again; won't
live with me again.

“T heard the testimony of Col. Johnstone,
and I made the statement Substantially as

shooting her. I saw him shooting her right
in the middle of the back. I coulda see the
revolver. Then she fell, and then he shot
her. I don’t know how many times he shot

her. Then she fell on her knees, and she
raised her hands facing him. He was stand-
ing about two feet from her. When he gave
her the last shot, he said, ‘So that you may

believe it. [ heard it plain, He said that
testified to by him.” (The question was ask-

ed by Dr. Orme: “Frank, why did you kill
your wife?” or “Did you kill your wife?”
He answered: “J did, and I am glad of it.
I loved her, and I am ready to hang for it”—
or something equivalent to that. I think he
used the word “hang.”) “I told the judge
and everybody that was there that I killed
my wife because I loved her with all my
heart, you know, and I could not stay away
from her, and [I didn’t want to See her with] 0

c

when he fired the last shot.”

The other witnesses who saw the difficulty

testified substantially to the Same state of
facts.

Upon the evidence set out above, we are

unable to see where the substantial rights of
the defendant have been prejudiced by the

ourt in making the remark of which appel-

lant complains. The error, we believe, was
without prejudice to any substantia] right

f the appellant,

ks before I shot her I,


878 125 PACIFIC REPORTER (Ariz.

To permit the defendants to prove any
payment, counterclaim, or set-off, the same
shall be plainly and particularly described
in the answer so as to give the plaintiff full
notice thereof. Paragraph 1366, R. S. (Ciy.
Code) Arizona 1901.

The defendants must set forth such a
pleading as would state a good cause of
action when attacked by a demurrer. This
defendants have failed to do, and the ruling
of the court was proper.

{18] The defendants assign error on the
rulings of the court in denying defendants’
offer of evidence in support of their set-off
and counterclaim, but as such pleadings had
previously been eliminated from the case,
for the purpose of the trial, thereafter such
evidence was irrelevant.

{19] The court entered the default of the
plaintiff for his failure to answer defend-
ants’ counterclaim, and thereafter on motion
opened the default and permitted plaintiff
to file an answer. Thereafter plaintiff filed
an amended complaint, to which defendants
refiled their defenses, including their set-off
and counterclaim, and moved for default at
the proper time for plaintiff’s failure to
answer the counterclaim filed to the amend-
ed complaint—plaintiff’s answer to the same
counterclaim interposed to the original com-
plaint remaining on file—to all which rul-
ings the defendants assign error.

The court in opening the default acted
clearly within its discretion. “The exer-
cise of the discretion ought to tend, in a rea-
sonable degree at least, to bring about a
judgment on the very merits of the case;
and when the circumstances are such as to
lead the court to hesitate upon the motion
to open the default, it is better as a general
rule that the doubt should be resolved in
favor of the application.” Watson vy. S..F.
& H. B. R. R. Co. 41 Cal. 17, reading
page 20.

(20] The original answer to the same coun-
terclaim remained on file and served equally
as an answer to the counterclaim refiled to
the amended complaint. This counterclaim
was answered, and because an amended com-
plaint was filed and the counterclaim refiled,
setting up no new matter, made it no new
counterclaim. Paragraph 1367, Rev. St. (Ciy.
Code) Arizona 1901.

[21] If we concede that abstract error was
committed by the court in these rulings, no
injury could result to defendants therefrom,
for the reason such counterclaim failed to
allege facts sufficient to assert a counterclaim
to the cause of action asserted by the plain-
tiff, as we have just shown above. No judg-
ment on the counterclaim as asserted could
affect the claim of the plaintiff, in this ac-
tion, and, for that reason, no injury could
result to defendants from these rulings of
the court.

(22] The court rendered judgment for $1,-
024.15, the principal sum, with interest there-

on at the legal rate from July 9; 1910, the
sum of $57.68, with costs taxed at $61.65,
and “together with interest on the total
amount of said aggregate sum and costs at
the rate of 6 per cent. per annum from the
date of this judgment” until paid.

The appellants claim the court erred in al-
lowing interest on: the costs in the case.

The costs payable at the date of rendition
of the judgment for the debt became a judg-
ment in favor of the winning party, and a
judgment bears interest at the legal rate,
unless upon a contract’ providing another
rate as the basis of the judgment. FPara-
graph 2774, R. S. Ariz. 1901; In re Kennedy,
94 Cal. 22, 29 Pac. 412; Palmer v. Glover,
73 Ind. 529; Linck y. Litchfield, 31 Ill. App.
104; State ex rel. y. Desha County, 82 Ark.
360, 99 S. W. 1108.

No reversible error appears in the record.
Therefore the judgment of the district court
is affirmed.

FRANKLIN, ©. J., and DUFFY, Superior
Court Judge, concur.

N.B.—Judge ROSS being disqualified and
announcing his disqualification in open court,
the remaining judges, under section 3 of
article 6 of the Constitution, called in Hon.
FRANK J. DUFFY, Judge of the Superior
Court of the State of Arizona in and for the
County of Santa Cruz, to sit with them ip
the hearing of this cause.

RODRIQUEZ vy. TERRITORY.
(Supreme Court of Arizona. July 15, 1912.)

1. Homicipe (§ 127*) — InpictmenT— Surri-
CIENCY.

An _ indictment charging murder must
charge that the killing was unlawful, and was
willful, deliberate, premeditated, and with mal-
ice aforethought.

[Ed. Note.—For other ‘cases, see Homicide,
Cent. Dig. §§ 192-194; Dec. Dig. § 127.*]

2. HomicipE (§ 129*) — InpicrMENT — SUFFI-
CIENCY, :

Under Pen. Code 1901, § 824, which pro-
vides that an indictment must contain a state-
ment of the acts constituting the offense in or-
dinary and concise language, and in such man-
ner as to enable a person of common under-
standing to know what is intended, an: indict-
ment for murder, which avers that the defend-
ant did “uniawfully, feloniously, willfully, and
of his deliberate and premeditated malice afore-
thought make an assault upon * * * with
a certain pistol,” and “did then and there will-
fully, unlawfully, feloniously, and of his de-
liberate and premeditated malice aforethought
shoot off and discharge said pistol” and “in-
flict on, in, and upon the body and person ©
her * * * g mortal wound,” from which she
died, charges the killing with malice afore-
thought to a person of common understanding,
and is sufficient as against a demurrer.

{ed. Note.—For other cases, see Homicide,
Cent. Dig. §§ 197, 198; Dec. Dig. § 129.*]

*For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexe#

Ariz.) RODRIQUEZ vy. TERRITORY 879

3. Jury (§ 70*) — SuMMONING—SPECIAL VE-
NIRE—COMPETENCY oF JURORS SUMMONED.
Under the law prohibiting the sheriff from
summoning bystanders as jurymen, jurors sum-
moned upon the issuance of a special venire,
though all from a single precinct of a county,
were not therefore incompetent, as the law
does not require that the jury shall be compos-
ed of residents of any particular district.
[Ed. Note.—For other cases, see Jury. Cent.
Dig. §§ 310-830, 340, 350; Dec. Dig. § 70.*]

4. Jury (§ 108*) — ComprTency — EXAMINA-
TION.

In the examination of the trial jury on
voir dire in a prosecution for murder, the
court properly permitted the jurors to be ques-
tioned whether they believed that a_ killing
which is murder may be surrounded by cireum-
stances so as to make it the duty of the jury
to return a verdict of murder in the first de-
gree and fix the death penalty, and properly
stated that it was the duty of the jury to re-
turn the death penalty under such circum-
stances ds are included within the question.

[Ed. Note.—For other cases, see Jury, Cent.
Dig. §§ 489-491, 496; Dec. Dig. § 108.*]

5. CRIMINAL Law (§ 116614*)—APPEAL AND

FERRroR—HARMLESS Prror.

Though, in a prosecution for murder, up-
on objection to a question put by the district
attorney on cross-examination of the defend-
ant, the court improperly stated that “the dis-
trict attorney would not ask such a question,
unless he had some means of proving it,” it
will not constitute ground for reversal, where,
from the most favorable testimony of the de-
fendant and bystanders, it is apparent that
such defendant is guilty of murder.

[Ed. Note—lFor other cases, see Criminal
Law, Cent. Dig. §§ 3114-8123; Dec. Dig. §
1166%4.*]

6. CrimINAL Law (§ 789*)—INstRUCcTIONS—

REASONABLE Dovupst.

In a prosecution for murder, a charge on
reasonable doubt, which contains the words,
“No juryman has the right to say, ‘I will say
there is a reasonable doubt here,’ for the pur-
pose of avoiding his duty,” immediately pre-
ceding, “unless a juryman does find that a rea-
sonable doubt does exist, he is not to give the
benefit of it to the defendant, but, if he does
find that a reasonable doubt exists, then he is,”
could not have misled the jury as to its duty
in finding the fact of guilt beyond a reasonable
doubt, and was proper,

[Ed. Note.—For other cases. see Criminal
Law, Cent. Dig. §§ 1846-1849, 1851. 1880,
1904-1922, 1960, 1967; Dee. Dig. § 789.*]

7. HomicipE ($ 43*)—Drarer.

That a man’s wife left him and refused
to live with him, and in the heat of passion,
caused by her refusal to return, he killed her,
will not reduce the degree of his crime.

..[Ed. Note.—For other cases, see Homicide,
Cent. Dig. § 67; Dee. Dig. § 43.*]

Appeal from District Court, Maricopa
County; Edward Kent, Judge.

Francisco Rodriquez was convicted of mur-
der in the first degree, and appeals. Affirmed.

At the April term, 1911, of the district
court of Maricopa county, the grand jury re-
turned an indictment against the appellant,
charging him with the murder of Jesus M.
Rodriquez, his wife. Omitting the formal
parts of the indictment, the charge was made
in the following words: “The said Francisco
Rodriquez, on or about the 2d day of ‘April,

A. D. 1911, and before the finding of this
indictment, at the county of Maricopa, terri-
tory of Arizona, did unlawfully, feloniously,
willfully, and of his deliberate and premed-
itated malice aforethought make an assault
upon one Jesus M. Rodriquez with a certain
pistol, which said pistol was then and there
loaded with gun powder and leaden bullets,
and which said pistol he, the said Francisco
Rodriquez, then and there had and held in
his hand, and the said Francisco Rodriquez
did then and there willfully, unlawfully, fe-
loniously, and of his deliberated and premed-
itated malice aforethought shoot off and dis-
charge said pistol so loaded and held, as
aforesaid, at, against, and upon the body and
person of the said Jesus M. Rodriquez, and
thereby, and by thus striking the said Jesus
M. Rodriquez with one of said leaden bul-
lets, inflict on, in, and upon the body and
person of her, the said Jesus M. Rodriquez,
a mortal wound, of which said mortal wound
she, the said Jesus M. Rodriquez, did lan-
guish and languishing did then and there die
on the 3d day of April, 1911, and within a
year and a day from said 2a day of April,
1911, 85 CF SP.

To this indictment the defendant demurred
upon the statutory grounds for demurrer,
viz., that the indictment does not substantial-
ly conform to the requirements of sections
824, 825, and 826 of the Penal Code of Ari-
zona, and that the facts in and by said in-
dictment stated do not constitute a public
offense, which demurrer was overruled by
the court.

The defendant then entered his plea of not
guilty. Defendant then interposed a chal-
lenge to the special venire of trial jurors,
upon the ground that the jurors served by
the sheriff in pursuance of the order of the
court for such special venire were not sum-
moned from the body of the county, but that
all the jurors summoned upon the special
venire are residents of and were served from
Pheenix precinct of the county of Maricopa,
which challenge the court denied.

Upon the trial had upon the issues, the
jury returned a verdict of guilty of murder
in the first degree and fixed the death penal-
ty. The appellant filed a motion for a new
trial, which motion was by the court overrul-
ed. Whereupon the court rendered its judg-
ment and sentence in accordance with the
verdict, and from which judgment, and from
the order denying his motion for a new trial,
the defendant appeals.

Struckmeyer & Fisher and J. L. Gust, all
of Phenix, for appellant. G. P. Bullard,
Atty. Gen., for the State.

CUNNINGHAM, J. (after stating the facts
as above). The appellant contends that the
indictment is not sufficient to support a yer-
dict and judgment of murder in the first de-

gree, and alleges that it does not charge a

*For other cases see same topic and section NUMBER in Dec, Dig. & Am. Dig. Key-No. Series & Rep’r Indexes

*

Uo (edeotzey) euoztiy posuey ‘ueotuomyeueoTxey ‘oostouety *zannoTHGOR:

/sife

7

~


~ ease of United States v. Cruikshank, 92 U. S.
558, 28 L. Ed. 593: “The object of the indict-

880 125 PACIFIC

willful, deliberate, and premeditated killing
of a human being with malice aforethought.
If this objection is well founded, the convic-
tion was wrong, and the judgment of the
court must be reversed.

It is said by the Supreme Court, in the

ment is, first, to furnish the accused with
such a description of the charge against him
as will enable him to make his defense and
avail himself of his conviction or acquittal
for protectior? against a further prosecution
for the same cause; and, second, to inform
the court of the facts alleged, so that it may
decide whether they are sufficient in law to
support a conviction, if one should be had.
For this facts are to be stated, not conclu-
sions of law alone. A crime is made up from
facts and intent, and these must be set forth
in the indictment with reasonable particular-
ity of time, place, and circumstances.”

Under the statutes of Arizona, the indict-
ment must contain the title of the court and
a statement of the facts constituting the of-
fense in ordinary and concise language, and
in such manner as to enable a person of com-
mon understanding to know what is intended.
Section 824, Penal Code of Ariz. 19901.

The indictment must be direct and certain
as regards the party charged, the offense
charged, the particular circumstances of the
offense charged, when they are necessary to
constitute a complete offense. Section 826,
Penal Code of Ariz. 1901.

The indictment is sufficient if it can be un-
derstood therefrom that it is entitled in a
court having authority to receive it; that it
was found by a grand jury of the county in
which the court was held; that the defend-
ant is named; that the offense was commit-
ted at some place within the jurisdiction of
the court; that the offense was committed
at some time prior to the finding of the in-
dictment; that the act or omission charged
as the offense is clearly and distinctly set
forth in ordinary and concise language, and
in such manner as to enable a person of
common understanding to know what is in-
tended; that the act or omission charged as
the offense is stated with such degree of cer-
tainty as to’ enable the court to pronounce
judgment upon a conviction, according to
the right of the case. Section 833, Penal
Code of Ariz. 1901.

No indictment is insufficient, nor can the
trial, judgment, or other proceeding therein
be attacked, by reason of any defect or im-
perfection. in matter of form which does
not tend to prejudice a substantial right of
the defendant upon its merits. Section 834,
Penal Code of Ariz. 1901.

Murder, as defined by our law, is “the
unlawful killing of a human being with mal-
ice aforethought. Such malice is expressed
or implied. It is expressed when there is

REPORTER (Ariz,

to take away the life of a fellow creature.
It is implied where no considerable provo-
cation appears or where tlie circumstances
attending the killing show an abandoned
and malignant heart.” Section 172, Penal
Code of Ariz. 1901.

All murder which is perpetrated by means
of poison, or lying in wait, or by any other
kind of willful, deliberate, and premeditated
killing, or which is committed in the perpe-
tration of or attempt to perpetrate arson,
rape, robbery, burglary, or mayhem, is mur-
der of the first degree, and all other kinds
of murder are of the second degree. Section
178, Penal Code of Ariz. 1901.

{1] In order that the conviction may stand
in this case, the indictment must charge that
the killing was unlawful and with malice
aforethought, and that such killing was
willful, deliberate, and premeditated. It is
contended by appellant that this indictment
charges a willful, unlawful, and felonious as-
sault with deliberate and premeditated mal-
ice, and that the charge is not equivalent to
an averment of willful, unlawful, and pre-
meditated killing; for the latter necessarily
implies the existence of the intent with the
means of inflicting death, which intent may
be lacking in assault, and is not averred, and
cites authorities that seem to sustain this
view. ;

(2] In the case of Fitzpatrick v. United
States,-178 U. S. 804, 20 Sup. Ct. 944, 44 1.
Ed. 1078, the Supreme Court deals with an
indictment very similar in form to the one
returned against this appellant; the indict-
ment in that ease, omitting the immaterial
parts, reading as follows: “Did unlawfully,
willfully, knowingly, feloniously, purposely,
and of a deliberate and premediated malice
make an assault upon one Samuel Roberts;
and that they * * * a certain revolver,
then and there charged with gunpowder and
leaden bullets, * * * then and there fe
loniously, purposely, and of a deliberate and
premeditated malice did discharge and shoot
off to, against, and upon the said Samuel
Roberts; * * * with one of the bullets.
aforesaid, out of the revolver, aforesaid,
* * * discharged and shot off, as afore-
said, then and there feloniously, purposely,
and with deliberate and premeditated mal-
ice did strike, penetrate, and wound him,
the said Samuel Roberts, in and upon the
right breast * * * one mortal wound.
of which said mortal wound he, the said
Samuel Roberts, instantly died,” and further
“did then and there kill and murder the sald
Samuel Roberts in the manner and form
aforesaid.”

The Supreme Court comments upon this
indictment as follows: “Defendant criticises
this indictment as failing to aver deliberate
and premeditated malice in killing Roberts,
although it is averred that the defendants
did, with deliberate and premeditated mal-

manifested a deliberate intention unlawfully

ice, inflict a mortal wound from which he

Ariz.) RODRIQUEZ

instantly died, and that they killedand mur-
dered him in the manner and form afore-
said. If, as alleged in the indictment, they,
with deliberate and premeditated malice,
shot Roberts in the breast with a revolver
and inflicted a mortal wound from which he
instantly died, they would haye been pre-
sumed to contemplate and: intend the natural
and probable consequences of such act; and
an additional averment that they, with de-
liberate and premeditated malice, intended
to kill him was quite unnecessary to apprise
the common understanding of their purpose.
If they purposely inflicted a mortal wound,
they must have intended to kill. No person
could have a moment's hesitation as to what
was intended to be averred, viz., that the de-
fendants had been guilty of a deliberate and
premeditated murder; and, while a number
of cases are cited which lend some support
to the argument of the defendants, there was
ho such statute involved as section 1268 of
the Oregon Code. We have no doubt the
indictment furnished the accused with such
a description of the charge as would enable
him to avail himself of a plea of former jeop-
ardy, and also to inform the court whether
the facts were sufficient in law to support a
conviction within the ruling in the Cruik-
shank Case. While we should hold an indict-
ment insufficient that did not charge in def-
inite language all the elements constituting
the offense, we have no desire to be hyper-
critical or require the pleader to unduly re-
peat, as to every incident of the offense, the
allegations of deliberateness and premedita-
tion. We are bound to give some effect to
the provisions of section 1268 in its evident
purpose to authorize a relaxation of the ex-
treme stringency of criminal pleadings, and
make that sufficient in law which satisfies
the common understanding of man.”

By Hill’s Annotated Laws of Oregon, §
1268, relating to criminal procedure, an In-
dictment must contain: “1. The title of the
action, specifying the name of the court to
which the indictment is presented and the
names of the parties. 2. A statement of the
acts constituting the offense in ordinary and
concise language without repetition and in
such manner as to enable a person of com-
mon understanding to know what is in-
tended.”

We think the Fitzpatrick Case, controlled
by the Oregon statute quoted, is a sufficient
authority for us to hold, and we do hold,
that the indictment in this case is sufficient
to enable a person of common understanding
to know what is intended by the language
used; and it would be absurd to hold that,
because the indictment does not repeat the
words “willful, deliberate, and premeditated”
before every clause in the charge, therefore
the indictment does not charge murder in the
first degree. To the same effect is Davis v.
Utah, 151 U. S. 262, 14 Sup. Ct. 328, 38 L.

v. TERRITORY : 881

statute with ours and the statute of Cali-
fornia. To the same effect is People v.
Davis, 73 Cal. 355, 15 Pac. 8, E
In People vy. Martin, 47 Cal. 102, the in-
dictment averred that the defendants “will-
fully, unlawfutly, feloniously, and of their
malice aforethought, in and upon one Valen-
tine Eichler, did make an assault, and with
an ax, in and upon the head of said Valen-
tine Eichler, then and there feloniously, will-
fully, and of their malice aforethought, did
Strike and beat, giving to said Valentine
Kichler, then and there, and with an ax
aforesaid, * * * divers mortal wounds,
of which the said Valentine Kichler instantly
died,” contrary, ete. The indictment was
held good, notwithstanding it did not con-
clude with the words in the effect, ‘“‘and so the
grand jury say that the defendants, the said
Valentine Eichler, in manner and form afore-
said, feloniously, willfully, and of their mal-
ice aforethought did kill and murder,” con-
trary, etc. That case holds that, if the in-
dictment charges that the defendant “felo-
niously, willfully, and of his malice afore-
thought” inflicted the mortal wound of which
deceased died, it is sufficient. People v. Mar-
tin, 47 Cal. 101; People y. Steventon, 9 Cal.
274; People v. Ybarra, 17 Cal. 170; People
v. Nichol, 34 Cal. 211.
This indictment charges that the defendant
did “unlawfully, feloniously, willfully, and of
his deliberate and premediated matice afore-
thought make an assault upon Jesus M. Rod-
riquez with a certain pistol,” and “did then
and there willfully, unlawfully, and feloni-
ously and of his deliberated and premeditat-
ed malice aforethought shoot off and dis-
charge said pistol so loaded” and “inflict on,
in, and upon the body and person of her, the
said Jesus M. Rodriquez, a mortal wound,”
from which wound she died. From this lan-
guage no person of common understanding
could be mistaken as to what charge was in-
tended to be made against the defendant.
We do not wish to be understood as ap-
proving the form in which the indictment in
this case is drawn, as the form is very un-
satisfactory as a pleading; but section 834
of the Penal Code of Arizona 1901 requires
that “no indictment is insufficient, nor can the
trial, judgment or other proceeding therein
be affected by any defect or imperfection in
matter of form which does not tend to the
prejudice of a substantial right of the de-
fendant upon its merits;’ and we hold that
the indictment is sufficient in form, and does
not tend to prejudice any substantial right
of the defendant upon the merits of the case.
[3] The appellant objects to the manner in
which the special venire was issued, requir-
ing the same to be returned upon short no-
tice, thus preventing the sheriff from going
into the outer precincts of the county and
summoning jurors. The objection of the ap-
pellant that the jurymen were summoned

Ed. 153, containing an identically worded | from Phoenix precinct is untenable, as the

125 P.—56


alone. The
‘dered man

afraid.”’

it it was he
500 check to
pected Ary
that sum in
the license
; Plymouth,
rtain it.

), the sheriff
of the Motor
Sacramento.
.d Ary Best’s
s, and learn-
re, for home,
ly 28th. They
nd cashed a
left.

wv that Ary Best
- victim, Sheriff

more than a
ivass motels,
along Route 66
formation they
yout the victim,
tle-browed man
faced brunette
ad start of from

- suspect couple

nidnight, on a >
.e edge of East «

eputies found a

Chevrolet coupe |

pparently aban-

pect the jalopy, ¥
he was certain it ¥
being pushed by 4
some 12 hours%

mn
earlier. A quick shake-down of the
Chevy turned up nothing to aid in
identifying its owner, so the Colorado
Motor Vehicle Bureau was messaged
for a make on the license plates.
Soon afterwards, Sacramento
reported that the ’58 Plymouth whose
number the Arizona Highway
Patrolman had noted was registered
@t Ary J. Best. The Arizona
authorities were now convinced that
the murder victim was Ary Best, and
that his murderers were the big
shirtless man and his skinny hard-
faced woman companion. Word from
the Colorado Motor Vehicle Bureau
was not expected till morning, since
its offices were closed for the night.
Deputies pursued their canvass of

®

Flanked by matrons,

Sheriff Richardson questioned her after.

business establishments along Route

66 throughout the night, but nothing

more developed in the case until 7

o'clock the next morning... From the
town of Williams, 32 miles west of

Flagstaff, came a report that Ary
Best's Plymouth had been spotted

parked. beside the home of one Jack
Cogan, said to‘be an attendant at a
local filling station. Williams police
jhad it staked out, and they were
}awaiting instructions from Sheriff
Richardson.

Richardson and‘his deputies drove
the 32 miles to Williams in less thana
half hour. Officers there told him that
Cogan was a hard-working, honest
‘and thoroughly respected citizen, and
it was unlikely that he would have
any guilty knowledge of the murder.
Bee go talk to him,” said the

t
Bee

aad

Cogan was startled ‘by the
appearance of the group.of law of-
ficers at his door at 7:30 in the
morning. “I thought there was
something funny about that car,” he
said. “I was going to call you fellows
this morning to check up on it, but you
got here first.”

Cogan said that:a shirtless, husky,
tough-looking customer drove the
Plymouth into his filling station
about 2:30 the previous Friday after-
noon. He had a skinny brunette with
him, and she wasn’t young. They said
they wanted to store the car for a
couple of weeks.

“What struck me funny was that
the fellow wanted to know if I could
put the car somewhere out of sight. He

McGee's. girlfriend broke

didn’t want to leave it parked at the
station on the highway. I figured he
was afraid of some finance company
repossessing it, or something like
that. But the guy paid me in advance,
so I told him I’d park it at my own
place here. That was fine with him.”

Sheriff Richardson’s fears that this
would be the end of the trail left by the
wanted couple proved unfounded
when he pressed the gas station atten-
dant with more questions. Cogan was

a gold mine of information.

He said the couple left his station in
a taxi, and he supplied the driver’s
name. He said they transferred about
a dozen pieces of luggage from the
Plymouth to the taxicab—three or
four suitcases, cardboard cartons,
and other. assorted packages. He
helped them do it. He said he heard
the man tell the cab driver to take

< aM

into hysterical
reenactment of the brutal killing...

them to the Santa Fe station.

Cogan also was able to provide a
detailed description of the fugitives:
The man, he said, was about 50, close
to six feet tall, weight about 225, and
built like a wrestler. He had receding
dark brown hair, heavy brows and a
built-in scowl.

The woman, Cogan thought, was
also around 50 years old, but she was
short and “skinny as a rail.” Her hair
was short, black, stringy and messy.
Her face was lined and seamed, giv-
ing her a hard-bitten look.

“She had a tattoo on her arm,”
Cogan said. “It read, ‘Bob loves
June.’” He added that the couple
acted like they’d been drinking.

“That could well be,” Sheriff

sobbing when

7

Richardson commented: “That would
explain their leaving so wide a trail.
They probably thought they’d still be
in the clear, with no one looking for
them yet. And that’s, how it would
have been if that fellow from ~
Tennessee hadn’t happened to stop
right where he did and find the body. ©
Let’s hope this pair hasn’t heard.
about it yet.” «

A search of Ary Best’s’ Plymouth
turned up nothing helpful to the in-
vestigation. Sheriff Richardson and

his men hastened to find the cab

driver who had driven the couple
away from Cogan’s. The hackie wwas
easily found and remembered the odd
pair. :

He said he drove them first to the
Santa Fe railroad station, where they
shipped off all their suitcases and

‘(Continued on page 74)
“$1


to-one, but we still have to makeit pay
off.”

Arriving at his office, Sheriff
Richardson teletyped Los Angeles
police for a fast check on Ary J. Best.
He also telegraphed the town marshal
in Follett, up in Lipscomb County in
the northeast corner of the Texas
Panhandle.

Los Angeles replied quickly: Noone
answered the ‘phone at the Whitsett
Avenue address, but since it was
county territory, Arizona’s request
had been turned over to the Los
Angeles County sheriffs staff for
further checking.

Sheriff Richardson got his first im-
portant break at 8 o’clock that even-
ing. Harry J. Wilson, an Arizona

pot

State Highway Patrolman, had heard
the first radio news bulletin on the

murder, which reported that a big

man and a woman were believed to be
involved.

“It may not mean anything,” the
trooper told Undersheriff Cole, “but I
think it’s worth checking. A little
before noon today I saw a middle-
aged fellow without a shirt driving a
late-model Plymouth with California
plates. He was pushing an old beatup
Chevy, with a skinny, hard-faced
woman at the wheel, west on Route 66,
through East Flagstaff.

“It looked a little odd to me, but
there was nothing to stop them for so I
let em go by. I took the number of the
Plymouth, though. I’d never seen
either the man or the woman before. It
might have something to do with this
murder. It might not.” .

-. 50

Suspect Patrick McGee told probers victim
; " pon . ont *

Trooper Wilson described the man
as about 50 years old, heavyset,
muscular, bronzed and beetle-browed,
darkhaired but balding at the
temples. He was wearing no shirt
when the officer saw him. The car he
was pushing was a battered black
1946 Chevrolet with Colorado license
tags. The woman at the wheel of the
Chevy was middle-aged, thin, hard-
faced, with stringy black hair.

Although at the moment all Sheriff
Richardson could do was request a
license check on the Plymouth from
Sacramento, this tip provided by an
alert highway patrolman who took
nothing for granted was to prove a
vital development in the murder
probe as it progressed.

o€
ie

Dr. Sitterley’s autopsy report,
delivered later that Friday night,
revealed little that was not already
suspected. The unidentified victim
was about 65 years old. He had been
stabbed seven times in the abdomen
and back. He died of massive internal
hemorrhages. Any of three of the
wounds which penetrated vital
organs could have been fatal. The
hunting knife undoubtedly was the
murder weapon.

At 10 p.m. Sheriff Richardson
received a call from Florence, Califor-
nia, from Ary Best’s brother, who had
been contacted by the Los Angeles
County sheriff’s department.

“Ary was on a visit to some of our
relatives in Follett, Texas,” he said.
“He was due back tomorrow night. As
far as I know he was coming back on
Route 66. He was. driving his tan

re

a

Pearlier. /
Chevy |
> identify
* Motor V«

Plymouth and traveling alone. The
description of that murdered man
sounds just like him, I’m afraid.”

The brother added that it was he

had “made a pass at” his common-law wife

who had forwarded the $500 check to He nooo
Ary Best, and he suspected Ary Me ponorted
probably was carrying that sum in ee her
cash. He didn’t know the license Patrolm
number of his brother’s Plymouth, in aby
but he was trying to ascertain it. eetoriti
Hoping to speed this up, the sheriff ese enur
requested the assistance of the Motor aas. his
Vehicle Bureau in Sacramento, oa tet lens
Richardson then contacted Ary Best's Paced a
relatives in Follett, Texas, and learn- ak
ed that Best had left there, for home, dike not
on Tuesday morning, July 28th. They ts offi
said he had received and cashed a D pe
check for $500 before he left. mae
Virtually certain now that Ary Best busines:
was indeed the murder victim, Sheriff § 66 thro
Richardson assigned more thanaf. More de
dozen deputies to canvass motels,— © clock
cafes and gas stations along Route 66 town of
in search of any information they, Flag sta
could find, not only about the victim, Best's
but about a husky beetle-browed man} Parked

and a skinny, hard-faced brunette § Cogan,
woman who had a head start of from local fi!

12 to 24 hours. had _it
Information on the suspect couple @Waltin
was scarce, but at midnight, on af Richarc
dead-end road on the edge of East & Richa
Flagstaff, cruising deputies found af the 32 1
battered black 1946 Chevrolet coupe half hor

with Colorado tags, apparently aban- Cogan
doned. . and tho
Summoned to inspect the jalopy, '¢ was _
Trooper Wilson said he was certainit eet’:
et s

was the one he saw being pushed by

the tan Plymouth some 12 hour » sheriff.

’

Powell: ‘No, sir!”

Arrington: “Show the jury how
you had the gun in your hand.”

The defendant held up his huge
hand and curled it into an open claw.
It was easy to visualize those fingers
wrapped around a small pistol.

Arrington: ‘‘Then
happened?”

Powell: “‘After I heard the shot my
wife said, ‘You done shot the man.’
Then I said, ‘Some of you boys come
carry him to the hospital.’ And some
of the boys come up...”

Arrington: “Did your wife make
any statement about what you ought
to do to her?”

Powell: “Not then. After the boys
carried him to the hospital I went and

‘got in my car and backed over in front
of the barber shop. She was standing
right in front of the barber shop...

“* ,-L told her, I said, “Comeon and
let’s go home.’ She said, ‘I ain’t going
no damned where, go ahead and shoot
me.’ She grabbed her dress tail and
spread it out.”

“She said, ‘I’m gonna sit in this
chair, and you just go ahead and
shoot me.’ So I left and went by the
hospital and went on to Hattiesburg.”

what

Arrington: “Did you intentionally
pull the trigger? Did you ever intend
to kill Night Hawk?”

Powell: “No, sir. I did not.”

On cross-examination, Prosecutor

- “IGNORANCE
IS CRAZY.’

%

“I've never had cancer.
But I'd be crazy to ignore
it. I know many cancers -
can be cured if they're de-
tectedearly.Butyou’vegot /
to know the warning sig-
nals: Change in bowel or
bladder habits. A sore that
does not heal. Unusual
bleeding or discharge.

. Thickening or lump in
breast or elsewhere. Indi-
gestion or difficulty inswal-
lowing. Obvious change in
wart or mole. Nagging
cough or hoarseness.

“If one of them appears,
see your doctor right away.
The odds are you don't
have cancer. But only your
doctor can tell you that
for sure.”

AMERICAN CANCER SOCIETY

74 THIS SPACE CONTRIBUTCD BY THE PUBLISHER ©

Jones hammered at the defendant to
explain why he was carrying a gun.
He implied that Powell went to the
cafe expecting trouble with Night
Hawk. :

Powell: “I didn’t have the gun for
nobody in particular. I got some
enemies around Richton, and I just
had it for my own protection.”

Jones: “You were at pointblank _

range, weren’t you?”
Powell: “I was pretty close on
him.”

Jones: ‘‘As a matter of fact, he was
about unconscious, wasn’t he, before
you shot him?”

Powell: “Not as I knows of.”

Jones: “You knew you'd killed
him, didn’t you, even before you drove
away?”

Powell: ‘‘No. I didn’t know it then.
I knows it now. I hadn’t even thought
about killing him.”

And that ended the testimony.
Final arguments added up toa debate
over Powell’s intentions at the time of
the shooting. Then Judge Hall gave
the jurors their instructions and told

them what verdicts they could return. _
They found Kenneth Powell guilty

of manslaughter, and Judge Hall 3

sentenced him to 15 years in the state
penitentiary. Counselor Arrington

promptly appealed the verdict to the _

Mississippi Supreme Court.

Kenneth Powell was released on
$5,000 bond and went back to work
while he waited for the higher court to
review his case. The Supreme Court
decision was handed down on June5,
1973.

The court opinion conceded that
having an affair with another man’s
wife can be a dangerous adventure.
But it went on to add that a killing,
committed in the heat of passion, is
not excusable when a deadly weapon
or another unlawful act is involved.

Powell had used a deadly weapon.
And it was unlawful for him to carry
that weapon. The lower decision was,
therefore, affirmed; and it was
ordered Kenneth Powell be taken to
the penitentiary to serve his sentence.
At this writing he is doing just that—
serving time. tok

Fatal for Good Samaritan

other packages, and stopped to buy
train tickets. “Then they had me drop
them at the Corner Bar, downtown
here. That was about three-thirty
yesterday afternoon, and that was the

_last I saw of them.”

_ The station agent had more to say
when Sheriff Richardson questioned
him. ‘“‘They expressed twelve
packages, luggage and cartons, to Los
Angeles, to be called for at Union
Station there. Here are the receipts.
The big fellow guve his name as
McGee. Then they bought two tickets
to L.A. on El Capitan, leaving here at
10:47 last night. I remember the big
guy pulled a roll of bills from his
pocket and peeled off the money. I
wasn’t here when they got on the
train, but I guess they made it all
right.”
El Capitan was the Santa Fe’s
luxury all-chair, extra-fare
streamliner from Chicago to Los
Angeles. The sheriff asked what time
the train was due to arrivein L.A. The
station agent said 8 o’clock.
Richardson muttered impatiently.
“It’s just a few minutes after eight
now. We’ve just missed them. It’s too
late to have them picked up at the
station by Los Angeles police.” Then
he snapped his fingers at a sudden
thought. “Wait a minute! Is the train
due at eight o’clock Pacific time?”
The agent nodded affirmatively.
“Then we can still get em. We’re on
Mountain time. It’s just a little after
seven in L.A. Give me that phone!”
It took Richardson less than two

(from page 51)

minutes to get a call through to the
central homicide office in .Los
Angeles. Swiftly he briefed Lieute-
nant Herman Zander on the situa-
tion.

“Stop worrying, Sheriff,’ Zander
assured the Arizona lawman. “We'll
catch El] Capitan at Pasadena. We’ve
just got time.”

As they waited at the Williams
police station for Zanders to call back,
Sheriff Richardson sent out deputies
to check on the couple’s activities
during the hours they had spent in the
town waiting to catch their west-
bound train.

The deputies later reported that the
couple apparently had done their
waiting at a local bar, where they put
‘away impressive quantities of.
whisky. They were in a festive mood
and gave the impression that they .
had plenty of money. P

“She called him Pat and he called
her June,” the barkeeper told the
deputies. “They didn’t say where they
came from, but they sure talked about
where they were going. The big ,
bruiser kept saying they had to catch
E] Capitan for L.A. at 10:47 and asked
me to be sure and watch the time for
him so they wouldn’t miss it. Both of
"em were really loaded when they
finally took off for the station in a cab
about 10:30.”

“Pat” was further identified when
Sheriff Richardson called his officein
Flagstaff,, which had just been
notified by Denver that the old Chevy
was registered to Patrick Mahon =

s

THOUS/
TAURAK
stools, ¢
wears 01
upholst:
homes,

re-upho!
greatest

YOU GED
FURNITL

YOURS TO
KEEP!

McGee, at a
California.
“Well,” tl
looks like P
while they
ought to hav
this mornin;
gone right—
surprise to
police shoul
The sheri{
Zander calle:
that he ha:
custody. “A:
terested to |}
homicide li
they’ve adm
don’t know |
Arizona.”
The arrest
nant Zand
Sergeants |
Greeley and
to Pasaden
boarded E] (
stop before
description «
ple they had
wanted pair
the luxury |
The man a
shocked am:
arrested the
resistance. |]
they had sh
Union Stati:


Lt
¥

¥

~_

{d return.
vell guilty
dge Hall
. the state
\rrington
‘ict to the |

eased on
< to work
‘r court to
me Court
nJune5d,

ded that
er man’s
iventure.
a killing,
ission, is
vy weapon

avolved.
weapon.
1 to carry
s10n was,
it was
taken to
sentence.
ist that—
tokk

the
in .Los
Lieute-
e situa-
Zander
. “We'll
i. We’ve

Villiams
ul back,
leputies
ctivities
atin the
‘r west-

that the
‘e their
hey put
ies of
e mood
at they

e@ called
old the
ere they
d about

he big ,

0 catch
dasked
ime for
Both of
‘n they
inacab

{1 when
fficein
been
vy

ion

i
|
a

: xg ; ‘ ae
~ s ay
4

e started our

Vy

beat-up sofa J
for $300.00! (=:

—
===

inflation program with

StF picked up for $5...sold
7 Now that MUI taught us

own Anti-
this

the secret, we'll never be Poor or dependent again!

Stools, etc....

HAVE YOUR OWN BUSINESS!

PICK OF TOP PAY AUTOMATION-PROOF JOBS. MUI home
training qualifies yor:
Start in your kitchen
So little capital. Profit from your own money-making
business almost immediately. Start in Spare time,
keep yo

THOUSANDS OF NEW HOMES, BUILDINGS, HOTELS, MOTELS, RES-
TAURANTS, BARS... all need upholstered furniture, chairs, sofas, foot-

Or TAKE YOUR

in upholstery, drapes, slip covers.
or corner of your garage. It takes

ur present job while you make

YOU GET 6 BIG gpg
FURNITURE Kits FR

WITH YOUR MUI

] TRAINING. Learn by
doing... Build a

4 roomful of
furniture... keep
or sell!

TOOLS TOO!

“A
‘

YOURS TO
KEEP!

lars. The whole family can help. You're
Probably sitting on a gold mine right
now! Computers and machines never
will learn upholstery—but you can quickly,
easily, the practical step-by-step MUI Way.

‘ages regardless of education or experience, the |

Public Instruction to issue a DIPLOMA in ‘spholstery,

furniture worth hundreds of dol-

MUL is
by the California Superidtenucat of

Start YOUR OWN anti-poverty program!
This 32-bage book may change your life
as it has for thousands.

| Name -

| Address eee
Chy 5
| y

THIS FREE UPHOLSTERY CAREER
BOOK & SAMPLE LESSON MAY
BE THE MOST IMPORTANT LITERA-
TURE YOU'LL EVER READ!

| MODERN UPHOLSTERY INSTITUTE
i Box 899:BOD orange, Calif. 92669

Please rush illustrated career book, sample lesson, facts on MUI
| home training —all FREE, without obligation.

|

State —_—Zip

|
l
|
|
ir Biden |
|
|
|
H

McGee, at an address in La Puente,
California. .

“Well,” the sheriff drawled, “it
looks like Pat and June lived it up
while they had the chance. They
ought to have a beaut of a hangover
this morning—and if everything has
gone right—they’ve now had a big
surprise to go with it. Those L.A.
police should have them by now.”

The sheriff was right. Lieutenant
Zander called at nine o’clock to report
that he had the fugitive pair in
custody. “And I’m sure you'll be in-
terested to know,” the Los Angeles
homicide lieutenant added, “that
they’ve admitted killing a man—they
don’t know his name—on Route 66 in
Arizona.” :

The arrest had been made, Lieute-
nant Zander said, by Detective
Sergeants Pierce R. Brooks, Jerry
Greeley and Fred Mitchell, who sped
to Pasadena on the freeway and
boarded El Capitan at the train’s last
stop before Los Angeles. With the
description of the rough-looking cou-
ple they had no difficulty spotting the
wanted pair sprawled half asleep in
the luxury lounge seats.

The man and the woman registered
shocked amazement when the officers
arrested them, but they offered no
resistance. The 12 pieces of luggage
they had shipped were picked up at
Union Station and brought to head.

quarters. It included several pieces
belonging to the victim, Ary Best.

Suffering from bad hangovers, the

bleary-eyed pair identified
themselves as Patrick Mahon McGee,
52, of Los Angeles, and his common.
law wife, June Reasoner, 43. They
were itinerant farm workers and had
been following the crops westward.
_ Pat McGee gave the L.A. detectives
a full confession, but he made the
killing of Ary Best sound like “an
affair of honor.” The way hetoldit, he
had killed Best in a blind rage when
the old man “made a pass at June.”
He had. robbed him as an
afterthought. The killing occurred
Friday morning, right where the body
was found.

“We were on our way to California,”
McGee said. “We had transmission
trouble. We were stopped along the
road, drinking some wine we had,
when this old guy came along. He
stopped and offered to give us a push.
We got talking and I gave him a drink
from our wine jug. He said, ‘I’ve gota
bottle of whiskey in the cooler of my
car. Why don’t you go and get it?’

“His car was parked up the road a
way. I walked up and got the whisky.
Meanwhile, my wife had gone offinto
the woods beside the road, and
suddenly I heard her holler.

—"T pulled out my hunting knife
got over there fast. This guy was

struggling with her and she was
screaming, trying to fight him off. I
guess I saw red. The guy turned on me
and I stabbed him once in front and
twice in the back when he spun
around. He started to groan and I got
him a couple of times more while he
was on the ground, to put him out of
his suffering.

“T took his wallet out of his pocket
and I took a hundred dollar bill and
two fifties.”

June Reasoner, McGee’s common-
law wife, more or less corroborated
the story. “We’d been having car
trouble,” she said, “and this guy
stopped and gave usa push. Then his
car heated up and we stopped again.

“I went down a little way from the
road, into the trees, and the first thing
I knew, the guy came after me and
tried to attack me. He was hitting me.
Pat came running up, tried to pull him
off, and the guy got a rock. Pat took
out his hunting knife and they hada
fight. I don’t know just what happen-
ed then. We just left him there. I didn’t
know he was dead. We took the
baggage out of'our car and put it in
his, and we started driving. Pat told
me the guy had $60 on him.”

Police who listened to these recitals
believed that Pat had knifed the old
man, but they were extremely dubious
about the details which the pair
claimed had been a prelude to the

75


Sgn

slaying. McGee still had $120 in his
pockets when he was arrested.

June Reasoner admitted she had a
lengthy record asa prostitute around
the Rocky Mountain states. She said
she had met McGee in Longmont,
Colorado in September of 1948. They
teamed up then and had been travel-
ing as man and wife ever since.

The slain Californian’s two
brothers ridiculed the story told by the
shabby suspects. They gave detec-
tives the name of their brother’s doc-
tor, who, they said, would confirm
that Ary Best had suffered from a
severe case of arthritis. One of his
hips was crippled so badly that he
could not bend over and he could
scarcely walk without the aid of a
cane or crutches. The brothers scoffed
at the idea that Ary could have climb-
ed unaided through the barbed wire
fence beside the highway, and they
insisted it was utterly fantastic to
think of his chasing a woman to
attack her.

They pointed out that Ary was 66
years old, weighed no more than 140
pounds, and could not possibly have
put up a fight against an adversary
like McGee—a big, muscular out-
doorsman who weighed 235 pounds.

Patrick McGee and June Reasoner
waived extradition and were returned
to Flagstaff. Coconino County At-
torney Laurance T. Wren, convinced
that the crippled Californian had
been murdered in cold blood for his
money when he stopped to help the
stalled and desperate couple, charged
the pair jointly with first-degree
murder.

McGee sullenly weathered an in-
tense grilling and stubbornly clung to
his story that he had killed in “self
defense” and “to protect my wife’s
honor.” He blamed what happened on
liquor, saying he probably wouldn’t
have killed the old man if he had not
been drunk. He refused to reenact the
events leading up to the slaying.

June Reasoner agreed to go to the

death site and reenact her role in

these tragic events. She had main-
tained a stolid calm up to the point
that she saw the dark patch of
bloodstained ground where Ary Best
died.

Then she broke into hysterical
weeping and had to beled away.Soon
after this, apparently, her feelings for
her so-called common-law husband
underwent a radical change.

It became clear that whatever
feelings of love or affection she might
once have entertained for the hulking

Pat McGee had gone with the winds of
adversity when she and McGee were
brought together in the county at-
torney’s office in their first confronta-
tion since they were returned to
Arizona.

Pat seemed happy to see her, andin

76

a show of solicitude he asked, “How
are you feeling, June?”

Without a moment’s hesitation, she
snapped: “Real bad, thanks to you!”

- ASuperior Court judge in Flagstaff
decreed that Pat McGee and June
Reasoner should be tried separately.
McGee went on trial first, clinging to
his claim that he had killed in self
defense and in defense of his wife’s
honor. The jury was no more im-
pressed by this story than were the
officers to whom he had told it first.
On December 18, 1959, they returned
a verdict of guilty, -»d.McGee was
sentenced to die in the gas chamber.

The local press noted that this was
the first death sentence meted out in
Coconino county in some 40 years.

At a trial held later, June Reasoner,
McGee’s common-law wife, was
sentenced to a term of 14 to 20 years
for her part in the tragic affair.

A long series of appeals delayed
Patrick McGee’s date with the ex-
ecutioner for more than three years.
But finally, on March 8, 1963, after all
avenues of appeal had been ex-

ago >

hausted, McGee could no longer put
off his day of reckoning. aes

On that date he was strapped into "
the steel chair of the gas chamber in
the Arizona State Prison at Florence.
The pellets of sodium cyanide were
dropped into the bucket of sulphuric
acid beneath the seat on which hesat,
The lethal fumes filled the sealed
chamber, and Patrick Mahon McGee
paid with his life for killing a kindly
old man who had paused in his
journey to lend a helping hand to two
fellow humans in distress.

June Reasoner, after serving the
minimum possible time permitted by
statutes, was given time off for good
behavior and paroled on May 19,
1965. akk

EDITOR’S NOTE:

Pierce Holbrook, Jack Cogan and
June Reasoner are not the real names of
the persons so named in the foregoing
story. Fictitious names have been used
because there is no reason for public
interest in the identities of these ‘per-
sons,

Silver Lining Murder Case rom pace 47)

Three days later, Mrs. Thorne
received another letter from Brisbane.
In it the writer complained that the
parcel hadn’t been picked up because
police were watching.

The writer instructed Mrs. Thorne
to go to Brisbane again, dressed in the
same clothes, and bring the 25,000
pounds to the Ferris Wheel at a car.
nival there. :

When the policewoman kept the
appointment, as directed, a small boy
approached her and told her a man
had told him to ask her for a parcel.

“Take me to the man who asked
you do this errand,” the policewoman
said to the youngster.

The tyke led her to the place where
he said the man had been, but the
man was gone. Subsequent investiga-
tion indicated that the child had been
an innocent dupe ingthe cruel extor-
tion-attempt.

It was the very next day, August
16th, that the body of 8-year-old
Graeme Thorne was found.

That afternoon, five children were
playing Cowboys-and-Indians in a
scrub-grown, refuse-littered, vacant
lot on Grandview Road, in the suburb
of Seaforth not far from the spot

where Graeme’s school case had been

found. That evening at dinner, one of
the boys told his father that they’d
found a blanket “with something
hard in it” under a protruding rock in
the vacant lot. The father went to
investigate. :
He unfastened two knots which
had been tied in the red and blue

blanket and saw ahead and two small
arms. He ran back home and
telephoned the police. :

Shortly thereafter, police dis-
covered that the blanket contained
the badly decomposed body of a boy
about eight years old, wearing a
school uniform. It was the pitiful
remains of Graeme Thorne.

A small army of police officials
and investigators rushed to the scene
where, after a brief examination, Dr.
C.E. Percy, government medical of.-
ficer, said he believed the boy had
been dead at least a month. The body
was taken for autopsy to the Sydney
police morgue and the vacant lot was
secured by police. Formal identifica-
tion was made soon thereafter.

Early the next morning, 100 detec-
tives and police officers assembled at
the vacant lot, where an inch-by-inch
search, in the most literal sense, was
made of the terrain. Detectives also
canvassed every residence and per-
son in the neighborhood over a wide
area.

An old man who lived next door to
the lot told officers he had noticed the
blanket-wrapped bundle in the lot
several weeks earlier, but having ‘no
idea what was in it, and not much
interested, he’d thought nothing of it.
People often used the lot asa dumping
ground, he said.

The area search turned up nothing
of importance, but the activities at the
morgue were far more productive of
information. The autopsy conducted
by Dr. Percy and Dr. John Laing,

L THESE FEATUF
COMPLETED AND t

Ohana:
GAR
e Storm Se
e Paved St
e Mercury
e Corner S
° Garbage
e Recreat!
e Heated
e Underg’
e Underg’
e Underg'
© Central :
e Central
e Private
e Bank Fi

Prices subject
———

parca
revealed that
sustained a sku
of the head, app
blow. The condi
indicated suffo
stated that the |
from either of th
combination of
had been dead
Very possibly,
ave been slain
was kidnaped.

Detective Ser
head of the CI]
meanwhile went
clothing and ;
painstaking tho
over the blank.
cleaner and dep
other matter ext;
He repeated the p
clothing. On the
found hair, s
fragments of t}
shrubs.

Clarke submit
three leading Au:
Cameron Cram)
Medico-Legal La!
Vickery of the /
ment, and Dr.
Geological and M

Other detect
succeeded in traci
woolen mill in S
ficials at the mill

i
§
(
i]


PUCSON, June lo ISSL,
i Hon. Geonck A OLNEY,
socrifof Graham Cnunty
' re Saomonville, ALP,
| Dear Sir: :
; | have carefully exami inel the papers |
fand the petition im the case cof Frank Nelson.
;whe petitions fer com awation of sentence.
paul idoanet fadsurreviden:: as in my judg-
iment Warrants me i:chanzivyg the sentence of
jthe evurt; lam toerefore com-trapued bv a sol.
}emt sense of tne respousibility Imposed up
jen me inthe offlelal duty, £+decthue ws extend
furthurexseative interfercnee ia this case.
With sinevre sympathy tu yo. who must per-
forin a setemn aul series publie duty, and te
the Mau WHO Wust pay the penalty of his crime.
¥ ery Res pee t inily
ws. O. MORPHY,
Acting Gusernor,
The petition asked for a commutation
of sentence to life imprisonment based.
onthe yronmds of goal behavior while
in jail, Your correspondent had an inter-
view with Neigon onthe davof his exe-
cution,with the permigsion of Sherif
Qinev. Frank Nelson was born in Penn-
sylvaniain 1863 and had served ten
years in the twenty-fourth Infantry
;}Cumpany C,- :
| Atl0:30 a.m. Father Geldorf entered

the cell and performed the ceremony of ||
fhaptizing him into the faith of the]:
iloly Catholic charch, Nelson reac
the Lords prayer and repeated the A pis-
tlescreed iu a clear firm voice. Mr.
and Mrs. Edaardo Carritlo served as

LOVSOrR,


Nel Sov")

NELSON'S LAST WORDS

|

How The Witan Murde:er'
Was Hanged.

cencadneenernsieenagnes unr cen

| He Bore no Ill Will Against |
Anyone.

tere et mintnenrameceinr inayat

Joins The Catholie Church And Died |
Bravely—He Admitted That
He Was Guilty.

Correspondence of THE REruBLicaNn
So,omonviiLe, July 2.—Frank Nelaon
paid the penalty’of his crime last Mon-
day, the 29th inet. He uiurdered a
wotnan and child, and shot another

girlatthe same time, at Fort Grant,
| this (Graham) couuty, last July. He
| Was indicted, tried, convicted und gen-
I tenced to be hong onthe 7th day ol
| December 1800, at the Octoder term of
the District Court Gn- the same year]
tle was reprieved live times to-wit: .

On the 17th day of Decenrber 18.10, for
jtwenty-eight days. On the 16.0 of
January I18J1, for twenty-eight days.
On Fepruary 13th 1891, for twenty-
eight davs. Onthe 17th of April 1801,
tothe 19ch of June—63 days, The re-
spites ay above, were vranted Swing to
the dracovery of the Pocket Veto Laws”
Which threw the statue of the grand
j jary law inte chaos, The vahdity of the
iaw under which be was judicted being |
ij settled, Judge Ki bbe y ordered, at the!
recent term of the “Dis triet Court, that |
the judgment of the court -be executed
sat the expiration of the reprieve extend: |
ing toJuge the 19h inst. On the 17:h |
tinst., the Governor was asked to gras!
au reprieve for ten days in order to con
siler a petition that would be forwarded
forth with. The petition was presented
by Bert Frye, and the following is (70V.

Murphy’s answer:

ra


—aT yr —

MOORE, Dolores

"The first criminal case tried (in Arigona) under the
American regime was a murder case involving one Dolores
Moore. A Tucson attorney named J, E. McCaffrey had the
distinction of being the first court-appointed attorney
in the territory when he was designated by the court to
defend this lady. Proceedings began Dec. 17, 1864. By
Dec, 30th of the same year the jury had been selected
and the lady tried, found guilty, and sentenced, Her mo-
tion for a new trial was denied and she was sentericed to
hang by the neck until dead, And so she did,"

LAWS, COURTS AND IA WYERS THROUGH THE YEARS IN ARIZONA by
James M, Murphy. University of Arizona Press, Tucson,
1970, Copyright by Arizona Board of Regents. Page 256

‘iad.

along back streets to avoid being seen.
The train was then allowed to proceed.

At being told the prisoners were
already in jail, the crowd marched to the
courthouse and demanded Parker be
handed over to them. They wanted to
avenge the death of the well-liked
Norris. When he saw a man with a
rope, Ruffner stepped outside and met
the mob of unruly citizens with a pistol
in each hand and several others stuck
in his belt. He told the crowd that
Parker deserved a fair trial, and he
was going to make sure he got one. No
one dared challenge him, since everyone
knew Ruffner's honesty and his skill
with a gun.

Parker's trial for the murder of Lee
Norris took place on June 15, 1897, with
Judge J.J. Hawkins presiding. On June

7 a verdict of guilty was reached, and
he sentence was “death by hanging,”

to be carried out on August 13. Miller
46

received a life sentence, and Thompson
received five years in prison for his role
in the robbery near Peach Springs.

PARKER'S lawyer, G.A. Allen, im-
mediately filed an appeal. The outlaw’s
case was reviewed by the Arizona
Supreme Court, but the original sen-
tence was upheld. Several more appeals
were made until in 1898 Judge R.E.
Sloan made the final judgment of guilty
and ordered the hanging to take place
June 3, 1898, Parker was returned to his
cell, where he played poker and listened
to the hammers building the gallows in
the courthouse plaza. Ruffner spent
some time with Parker on the eve of the
execution. They probably played a few
hands of poker and talked about old
times on the ranches where they had
worked. As a last request, Parker asked
to see his favorite red-haired girl from
Whiskey Row, a street of saloons where

he had often spent time during his days
as a cowhand. The saloon girl spent an
hour with him and then left.

On the morning of June 3, Parker was
given a new black suit and white shirt.
Father Quetu arrived an hour before the
hanging, ministered spiritual consola-
tion to Parker and then walked with him
to the gallows. As the rope was slipped
over Parker's head, he requested that
Ruffner pull the lever because he pre-
ferred it to be done by a friend rather
than by someone he did not know. The
black cap was placed over his head and
the trap was sprung. Following the
execution, his body was moved to the
funeral parlor, where it was put on
display before it was finally buried,
putting an end to the lawless trail of
Fleming Parker,

reooOoo——7

AT

True West


.
=
3

eis al a a:

bribe va dy

seer

ERP E ros. SARTRE PETER hv I

ETAT eM ctd ee

¥i°

PARKER

& Dim bd

The hanging of Jim Parker, J

(ea

PrEBRUARY 8, 1897, was just another

cold winter day in Prescott, Arizona,
where I was an eight-year-old boy, but
only a few miles away tragedy was in
the making.

The afternoon paper of February 9,
reported the robbery of the Chicago-
bound Limited on the Santa Fe main
line at Peach Springs in Yavapai County
the preceding day. One of the robbers
had been killed during the holdup, but
three had escaped with a small amount
of loot from the mail and express cars.

The motive behind the robbery was
nothing more nor less than a grudge.
Jim Hamilton had shipped into the Peach
Springs area a herd of better than aver-
age horses. Two of these horses had
been killed accidentally by Santa Fe
trains. The railroad had paid Hamilton
$30 each for the dead animals, which
was the going price for range horses in
the area. Hamilton had complained bit-
terly, claiming that these horses were
far above the caliber of range horses.
However, the Santa Fe would pay no
more.

Jim Parker, a well-liked and compe-
tent hand with horses, was Hamilton’s
chief assistant in his ranch operations.
Parker was quite incensed at the seem-
ing injustice of the Santa Fe stand.
Parker told Hamilton he would get more
from the Santa Fe than that—someway
or other.

Parker planned with Abe Thomson,
Love Marvin, and an unidentified man,
whom I will call “X,” to rob the Santa
Fe Limited. This was his idea of get-

une 3, 1898, in Prescott, Arizona. Deputy Sheriff “Shorty” Lacy is
shown with his back to the camera and he partially obscures Sheriff George Ruffner (cigar in
mouth). Parker is in the center (dark suit) with Under-Sheriff Joe Dillon at his left. A Catholic
j priest, Father Quiteau, is on the extreme right. One of the unidentified men is Johnny Munds.

ty Jim, white, hanged at Prescott, Arizona, on June 3, 1898,

JIM PARKER'S

By TOM L. COLEMAN

_ Courtesy Author

When a Santa Fe train killed two horses owned by Jim
Hamilton near Peach Springs, Arizona, no one could have
predicted the chain of events that followed

ing even for their low payment for
the dead horses. When the train
stopped at the Peach Springs water
tank for engine water, Parker and
“X” boarded the engine and took com-
mand. After filling their water tanks,
the train was pulled on east a few miles
to Nelson Lime Quarry, where Thom-
son and Marvin were waiting with hors-
es. The train was stopped, and “X” went,
back along the train, and fired a few
shots to shoo the train crew back into
the cars from which they had descend-
ed to investigate the unexpected stop.
Wells, Fargo Express messengers Sum-
mers and Randall had heard the shoot-
ing, and had. gone out of their cars
on the opposite side from the gunfire.
However, they also were curious about
the stop and, being fully armed, started
around the train to see what was going
on. “X” had the same idea about a look
on the other side, and he collided with
Summers’ gun in the dark. Summers
pulled the trigger, and “X” fell dead on
the cold Arizona desert beside the track.
Parker took the fireman back along

September-October, 1964 TRUE WEST MAGAZINE

TRE

the train, and had him unhook the mail
and express cars, and pull them ahead
to where the horses were waiting. The
bandits went through the mail and ex-
press, but found almost nothing of value,
so they mounted their horses and gal-
loped away. The train resumed its in-
eee ride eastward, about an hour
ate.

(THOMSON and Marvin chose to ride

east, but Parker went north into Dia-
mond Canyon, which flows into the
Grand Canyon. It was all highland desert
country with scrub cedar and pine trees
scattered thinly over a surface that
showed remnants of long ago volcanic
flows. Water was of prime importance
for the sustaining of life.

On the morning of February 8, the
body of bandit “X,” which was found to
be frozen stiff, was taken into Peach
Springs and leaned against the wall of
the station. Several pictures were taken
of the body but he was never identified.

Sheriff George Ruffner of Yavapai

(Continued on page 56)

35


#
i if
{

HANDMADE WESTERN BOOTS

Comfort, Style, Quality, Economy

The vamps and 16-inch
tops with 6-inch Zipper
in back are of beauti-
ful soft glove leather.
Nylon stitched, steel
shanks, leather lined,
walking heel, narrow
toe,

No. 2100 Sun Tan
No. 2101 Black $2675

No. 2102 Brown

Same Boot in

Rough-Out

No. 2000 Sun Tan

No. 2001 Brown $2675

No. 2006 Black

Same Style Boot in
Suede Dress wear only.

No. 2002 Royal
$2675

j Blue
No. 2007 Red
Give measurements in inches of calf of your leg.
$5.00 deposit on C.O.D. orders — You pay postal
charges. We pay postage on prepaid order.
Our guarantee — for exchange or refund return
boots undamaged and unworn within 10 days.

FREE CATALOG — Adults and Children’s Boots
Western Shirts and Pants

YSLETA BOOT COMPANY

Box 17971 El Paso, Texas

“4 (APiper Brace Truss) ®

RUPTURE-EASER

al Double... 5.95
Right or left

Side $495

A strong, form-fitting washable support
for reducible inguinal hernia. Back lacing adjustable.
Snaps up in front. Adjustable leg strap. Soft, flat groin
pad. No steel or leather bands. Unexcelled for comfort.
Also used as after operation support. For men, women,
children. Mail orders give measure around the lowest
ora gg the sagt agg State right, left side or
double, Enclose postage.

PIPER BRACE CO.
Dept. TT-104 Kansas City 5, Mo.

No
Fitting
Required

811 Wyandotte

Send for your free copy of

“Western Americana”
latest catalog of much-wanted out-of-print
books at reasonable prices. Also: send your
lists of books wanted. Free seorch service!

INTERNATIONAL BOOKFINDERS

Bex 3003-Tw, Beverly Hills, Calif.

‘tud HIDDEN TREASURES =
Find TREASURE and RELICS with new 1963 models. 7a
Used by professionals and amateurs the world over.

Guaranteed to detect Gold, Silver Coins,
battlefield relics. FREE INFORMATION.

RAYTRO GEFT: acsemmdes

J-10, Seles Co.)
Box 715 - North Hollywood, California

“PULL ‘EM OUT’

The campaign is beginning to roll! We
had a letter from a reader not long ago
saying that he found TRUE WEST and
FRONTIER TIMES covered up on nearly
every newsstand he checked. He began
digging them out and left them showing in
a good spot on the newsstands. He said
every copy sold as long as he kept them
from being covered up by other magazines.

WHAT A_ TREMENDOUS HELP! Our
newsstand sales are our life's blood and
you just can't sell a magazine when nobody
sees it! So if you will join the “Pull ‘em
Out!" brigade, Podner—you'll have us
smiling like a jackass eating briers!

56

can justify or extenuate. With as little
delay as possible after the horrible dis-
covery, I returned to camp, had boxes

- made, and next day buried the bodies of

those hapless victims of misdirected ven-
geance.”

Big Bend Melee

(Continued from page 23)

Stealthily I sought the woods trail
home, wishing Erie had been with me

‘this night. Erie! Where had he been all

this time? Later I learned that the In-
dian boy had been locked in his room
by his father to keep him out of trouble;
that Ula and her mother had _ been
warned not to go to the dance, but they
had gone anyway. I decided now that I’d
detour by Erie’s house and see him if I
could.

The Gogan house was in deep woods
and I was sheltered as I halted. I saw
lamplight shining on Erie and his mother

_ seated in the main room. She was, I

thought, telling her son about the hap-
penings at the hall, and then movement
at Ula’s bedroom window caught my eye.
Her light shone through a mere slit at
the bottom of the shade, but enough to
show Swede Swenson stooping to peer
through that slit. I sucked in my breath
in an agony of indecision. I wanted to
run for help; I meant to go, but my
feet just stayed there, frozen to the pine
needles until my problem was solved by
a shadowy figure detaching itself from
the dark forest and seeming almost to
float across the space between it and
the Swede. A slight sound from this fig-
ure turned the big river driver just
right to take the razor-sharp butcher
knife between his ribs. Swede didn’t even
gurgle. He just folded quietly, silently,
and lay perfectly still with the rain
misting his beard.

I knew that I was going to be very,
very sick, but I didn’t leave until I saw
Ula’s father drag the dead man away
from his daughter’s window in the di-
rection of the hall.

My Brother
(Continued from page 43)

in the stomach and off his horse.

When my father came back, he got
the Government doctor. The doctor, my
father and mother did everything possi-
ble. However, my brother died in my
mother’s arms. After the funeral, Father
butchered several beeves and called all
the Sioux Indians together to give a feast
in memory and honor of his son.

Father led the black stallion at the
gathering and announced that he was
going to kill it. But the Indians prevent-
ed him from doing so. The Indians got
into a council huddle and selected seven
men to try the stallion. Spotted Eagle
was the head judge. The seven men de-
cided that the black stallion was guilty
on the second count of the four disasters
that can befall mankind—losing your
firstborn son—in the Sioux code, by caus-
ing the death of Edward. However, they
decided that a horse was created for the
use of mankind and the stallion should
be given to a man who needed a mount
and ridden until the horse was old.

The stallion was given'to Jake Walks
Under the Ground; then Jake gave the
stallion to another Indian who worked
him until the stallion got too old. Of
course, I am telling of the Sioux Indians
who at that time were untouched by edu-
cation. However, I can assure you that
such a thing as trying a horse could not
happen today. This is a story of a primi-

- tive people and their fierce pride and

philosophy to uphold the standard code
of the early Sioux in giving a black stal-
lion a simple trial-and justice. A beauti-
ful black stallion that my brother loved
in the end took my brother’s life. .

My mother was a good woman. After
my brother’s death, she loaded us kids
into a covered wagon and took us to the
Rapid City Indian School, a distance of
150 miles. We camped on Cheyenne River
for the night. That night we sat around
the dying embers of the campfire. Mother
told us to be good children in school.

Then she said her evening prayers in the -

Sioux language.
When Mother got ready to leave us, I

could see the tears rolling down her :

cheeks. The shock was too much for her.
That was the last time I saw my mother

alive. Side by side my mother and broth- ©

er lie buried at a lonely cemetery at
Medicine Root District. As time goes on,
fond and cherished memories come back

.to you of your loved ones, of how they

were happy during their short span of
life on Mother Earth, and when you
think of those who may have come to a
violent end, you just stop writing.

Jim Parker’s Revenge
(Continued from page 35)

County, and deputies Munds and Yoe-
mans, took the trail of the robbers. They
unknowingly followed Parker’s trail into
Diamond Canyon. After a routine search
they came upon Parker on February 15
and captured him without any trouble.
Parker was taken to Prescott, where he
was placed in the county jail to await
trial.

Thomson and Marvin were caught in
Flagstaff on February 20, and were also
placed in the Prescott county jail.

This jail was in the basement of the
county courthouse, which stood in the
middle of a square called the Plaza. The
space between the courthouse and the
surrounding streets was planted in al-
falfa. Adjacent to the jail, in the base-
ment, was a well from which prisoners
were allowed to get water.

On the quiet Sunday afternoon of

May 9, the train robbers were still await-
ing trial. About two o’clock in the after-
noon Cornelio Sarata, a Mexican serv-
ing a sentence for assault with a dead-
ly weapon, called to Jailor Bob Meador
that they needed water. Meador un-
locked the inner door and allowed Sarata
to pass, and then relocked the door. The
outer door was then unlocked and Sarata
drew two buckets.

As Meador was unlocking the inner
door to allow Sarata to re-enter the jail,
Sarata grappled with him. Immediately
Jim Parker and a man named Miller,
who was serving a sentence for forgery,
ran out the unlocked door, and turned
into Meador’s office, where they armed
themselves. No other prisoners chose to
escape. Meador was yelling, “Help!” but
Sarata knocked him out with the big jail
key. Sarata then armed himself from
Meador’s office. The three men started
for the stairs on their road to escape.

On the ground floor above, Lee Nor-
ris, the deputy county attorney, was
catching up on office work. When he
heard Meador’s yells, with no thought of
himself, he ran to the stairs and started
down. He had only gone down four or

five steps when he saw three armed ~

men coming toward him, and he turned
to go back up the steps. Jim Parker,

fearing Norris would hinder their flight, ~~
fired a shotgun into his back, and the
mortally -

to the steps

attorney fell
(Continued on next page)

wounded.

True West *


ALASKA!

Would you like to “‘stay home’’ -
and actually go on a real Alaskan

safari? Who wouldn’t!

Your “‘home”’ is a 40-ft. diesel
cruiser with all the comforts of most
homes! Shot at a Kodiak bear guar-
anteed. We have been 100% suc-
on in a bear for each hunter thus
ar.

Seal, sea lion, and fox hunting is
an interesting side hunt. The fishing
is fabulous! My hunters tell me that
the scenery alone is worth the trip.

If you want something truly dif-
ferent and ‘‘out of this world’’ write:

H. N. LANE

Kodiak, Alaska

Box 1125

GHOST TOWNS
AND GOLD

Learn about the colorful towns of
the Western Frontier. Ghost Town
Directory contains information on over
340 Western Ghost Towns with pic-
tures, maps and directions on panning
gold. Price: $1.00.

Write to:

PIERCE PUBLISHING COMPARY

P. O. BOX 2312-B

CHEYENNE, WYOMING

The Pendleton Dekickers

acer pe Sesion
U. S. Pat., Canadian Pat.
allowed. Complete job for

GUN BARRELS most guns, $30, plus return
PPD and insurance,

The dekicker deluxe that is precision machined into

your rifle barrel, avoiding unsightly hang-ons. Con-

troiled escape for highest kinetio braking, minimum

blast effect and practically no jump. All but pre-
vents jet thrust (secondary recoil). Guaranteed work-

manship. FOLDER. Dealer discounts.
1200-10 S.W. Hailey Ave.
PENDLETON GUN SHOP '7°°*pendteten, ‘orecun
SED RRA REE A RS SD
MAKE BIG MONEY
las, Guinea pigs, Rab-
bits, Mink or Pigeons for
us. This is your big op-
portunity to get started
on the road to prosperity
with us, and to have an
income for life. Send 25¢
for full information that
sues rOEENEY BROTHERS FARMS
New Freedom Ps. R. Mo, 2. 8
-FREE “Western, Wear
a CATALOGUE |
aa Western Hat Center of the World” tm
Boots — Coats — Riding Accessories
LUSKEY’S WESTERN STORE.
‘DEPT. T 113 HOUSTONIST: ;\
a a eed
HORSE PICTURES ys
Ix unusual horse pictures,
tproduced from rare
ggravings. Size 8 x 10
Inches, printed in brilliant
black on white. Set of six ‘ . ee
all o> al Only $1.06 aticnag

ee raising either Chinchil-
explains everything about
FORT WORTH 2. TEXAS: !
postpa “

WEINMAN ART PRINTS © P.O. Box 275 © Elkhart, Ind.
8448494149444

58

(THE THREE jailbreakers ran right by

Norris’ inert body on the steps, out
the south door of the courthouse, and
across the square to the best livery stable
in town—which ironically, belonged to
Sheriff Ruffner. As the jailbreakers en-
tered the stable, the Sheriff’s brother,
Walter, rode in on the Sheriff’s pride and
joy, a beautiful white horse named “Sure-
foot.” Parker immediately commandeered
Surefoot. Miller and Sarata took suit-
able horses and they all galloped out of
there. Then Miller left the other two,
and took a different route. Parker and
Sarata rode north through the very hilly

-brushy country that characterizes that

area of Arizona.

Sheriff Ruffner was out of town -on
another case, but Deputies Munds and
Yoeman immediately took up the trail of
Parker and Sarata.

Toward evening the deputies saw the
jailbreakers ahead, and fired on them
with rifles. Sarata’s horse was killed,
but Parker pulled Cornelio up behind him
and they escaped through the thick brush,
aided by the darkness of dusk. Sarata left
Parker that night, and was never heard
of again. He is supposed to have gone to
Mexico.

Parker was headed north through very
desolate country, where habitations were
a long way apart. However, he man-
aged to stop and change the shoes on
Surefoot so that his trail seemed to be
going in the opposite direction.

It was a good trick, as his pursuers
lost the trail and were about to give
up the search when news was brought
in that Surefoot had been found among
some range horses. This indicated Park-
er had a fresh horse, and gave some
idea of his direction. All points were
notified to be on the lookout for this
desperate man. Rewards for his capture,
dead or alive, now totaled almost $4,000.

An Indian Agent named Bly, in com-
pany with sixteen Indians, came upon
Parker asleep and captured him. He was
turned over to the authorities at Flag-
staff. Miller had also been captured at
Flagstaff. Both men were taken to Pres-
cott by train.

At Ft. Whipple, four miles from Pres-
cott, the train was stopped, and the
prisoners were taken from the train, and
to the jail by a secret route. A large
crowd was waiting at the depot, and
the sheriff was afraid that they might
attempt to lynch the prisoners, because
Norris had been very well regarded by
his fellow townspeople.

Thomson and Marvin were tried for
train robbery and Thomson was _ sen-
tenced to five years in the Territorial
Penitentiary. Marvin was also sentenced
to five years but the sentence was sus-
pended, perhaps because of his youth.
Miller was tried for jailbreaking and
was given a life sentence, but was later
elena and lived out a quiet useful
ife.

Jim Parker was brought to trial for
murder. I was a thrilled eight-year-old
when my father took me into the court-
room one day during the trial. I was very
much disappointed, however, to see that
Parker was a quiet, peaceable looking
man of rather heavy build.

Parker was found guilty and sentenced
to death. Although Parker’s attorneys
asked for a retrial on the ground that
mob action at the depot influenced the
verdict, the Territorial Supreme Court
upheld the verdict of the lower court,
and set June 3, 1898, as the day Parker
was to be hanged.

A gallows was erected on the Plaza on
the east’ side of the courthouse. We kids

Mr. “X", the unidentified bandit killed
in the A&P train holdup. This picture was
taken beside the railroad shack at Peach

Springs, Arizona. The dead man was
frozen stiff.

were quite excited at the prospect of
watching the hanging before we learned
that a high board fence was to be built
around the gallows. And so ended the
career on June 3, 1898, of a likeable and
respected man in his trade of horse
handling—who had made the mistake of
trying to take justice into his own hands.

Wild Old Days

(Continued from page 33)
Three dangerous criminals who had es-
caped from the Walla 'Walla peniten-
tiary, holed up for several days in the
building with only rats to keep them

company. No doubt recapture was a :

relief !
The final fire—of unknown origin—

occurred at midnight, July 31, 1952. The 2
glow in the sky could be seen for miles’ “yy

and, as the community stood by watch--
ing, they knew that with the hotel went
much of Wallula’s history. They had
seen their town flooded in the high water
of 1894; it had practically burned out
once; and when the dam was finished in
a year or so, they would be drowned out.
nore than dreams went up in smoke that
night! i

If the hotel left any ghosts, they are ‘

now buried, along with the gold, in the

middle of a lake formed by the back —

waters of McNary Dam, and the town
of Wallula, named by the Walla Walla
Indian Tribe and meaning “the place of
many waters” because of the proximity.

of the Snake, Columbia and Walla Walla.
Rivers has been laid out anew on higher

ground.

TOP RAIL PUNCHER
By Bert E. Jovin

MY OLD MAN was a Montana cowboy.
He was probably the first one in -

that State to ride a wild buffalo bull.

That Pa made his hazardous ride at the ==

tender age of nine only renders the feat
more daring. The fact that the wild bull

was somewhat scrawny, and barely three _

weeks away from birth, is secondary.

It all came about in 1907 when the
Government bought the last of the Flat- -
head Valley buffaloes. These herds be-
longed largely to the Allard and Pablo ©
clans, At this last great roundup, white
and red man rode side by side. As a favor -
to my grandfather, Pa was allowed to -
join this final drive. <n

For days on end the hillsides echoe

the thunder of those mighty beasts’

hoofs, and dust rose thicker than steam

from a Blackfoot’s sweat bath. After —
much hard riding, the huge, hump-backed 3

True West 2 oa


f McMinnville,
1s Los Angeles,

sq

y a bottle of
1 expanse of

dad very much

otruding from

1s shirt sleeves

+ and cold

aM.
aightening his
|

imbed through
saw now awed

Supported by Police Matrons Stella Colmenaro and Shirley Stevenson,
allegedly stabbed Ary Best to death. She maintained that the crime occurre

and the shirt he wore was ripped and
drenched with blood. The wide-brimmed
Stetson which lay a few feet from him was
also blood spattered.

Estridge needed no medical training to
know that the man had been stabbed.
Estridge climbed back through the fence
with rather more haste than before. He
sprang into his car, executed a U-turn and
raced back along the highway to West Flag-
staff. There, he told of his gruesome find to
a local constable. That lawman promptly
telephoned the office of the Coconino
County sheriff, Cecil Richardson.

Within 20 minutes, Richardson, two of
his deputies, Bob Coke and Clark Cole,
along with the coroner, James Brierley, fol-
lowed Estridge’s car to the spot where he
had found the corpse. The officers clambered
through the barbed wire. They studied the
body. While the medical examiner made a
rather closer scrutiny of the corpse, the
lawmen began a thorough search of the
area.

Within five minutes, the sheriff had found
what was obviously the murder weapon,
It was a long-bladed hunting knife with
a worn bone handle. The blade was stained
with blood. Deputy Coke picked up the
dead man’s hat, noticed that the sweat band
bore the name of a retail store in Follett,
Texas. Three [Continued on page 54]

Right, wearing manacles, accused man and
his mistress arrive at headquarters after
being returned from Los Angeles. Couple
insist the killing was done in self-defense.

accused woman points to spot where her lover
d when victim attempted to attack her.


4
‘t about 50 ‘
° found the body.
31n a
blood.” send there 3
odded. “After th ;
' Corpse was pres (
fence, planted in
it wouldn’t be so

ed with his dep.
ay L. Sitter ley, a)
> had perform edt
‘d to the sheriff, |
tren six tore tt

six to eight
© finding of the

obed in the to:

stated that fees
unds could have _
The medico had |
d near the dead
ite possible that
ed to inflict the

So ee

‘ounger bro’

tter 1 Whee ae
‘e taken to the
Positively iden-
s their 66-year-

* trooper, eve
riff in the state
the highways,
ng lots for Ary
‘wn no one had

ked bersonally
Twin Arrows |
more informa-

ple who had

th of gasoline.
after the cou-
ed?”

“you say this
eat-up jalopy
t, shortly after
oroken down? :
Best down for i
m?” A

trading post ?
Id car didn’t |
eft in it.”
sidered quit
o'clock ie he
ine on either
belonging to
nd alert. This
cials to watch
et carrying a

blazing Au-
t of Arizona,
nty still had
ie identity of
wever, none
ne to a com-

ciff Richard- :
from the po-
it of Navajo
f Coconino.

sceived both
ad some in-

erday,” the
te was with
a beat-up
don’t know
‘ing this on

no had or-
igate after |
irder, went |
t1i0n was a |
was bull-
rofessiona!
His name

was Patrick McGee. He had lived in Wins-
low from 1928 until 1945. He had been part:
owner of a bar and poolrdom.

“Fe was seen in town here on Thursday
night,” said the chief. “He was apparently
broke. He canvassed all his old haunts,
trying to raise some cash. So far as I can.
find out, he didn’t manage to accumulate
more than about $5. Then he was observed
to head west. He was traveling with a
woman, and in an old car, according to
the information my men have picked up.”

Sheriff Richardson was, of course, grate-
ful for the information. He was also
gravely concerned. If McGee was the man.
he wanted, it now seemed more than likely
that he had swapped his old, broken-down
car for the one Ary Best had been driving.
Best’s car, according to his brothers, was
only two years old and in excellent con-
dition. .

If Patrick McGee and his woman com-
panion had taken off in Best’s sedan im-
mediately after the killing, they could be
five or six hundred miles away by now.
However, by the same token, if McGee

had gone off in Best's car, he must have
left his own jalopy somewhere.

While the sheriff was thinking along
these lines, so also was Highway Patrol-
man Harry Wilson, whose beat included
the East Flagstaff area. Officer Wilson
had heard the radio broadcasts describing
both the ancient vehicle owned by McGee
and the sedan belonging to Ary Best.

Now, at 6 o'clock on that Saturday
morning, August 1, 1959, the policeman
remembered having seen an old Chevrolet
being pushed by another car in East -
staff the previous day. Wilson began a
search of the entire area, paying particu-
lar attention to the lonely country roads
which spread north and south from High-
way 66.

Within half an hour, the keen-eyed law-
man found what he was ooking for. On
a lonely road just north of the town of
Parks, Arizona, along the foothills of
Kendrick Peak, he came upon a car parked
among some rocks at the edge of the '
It was a 1943 Chevrolet, battered, its paint
peeling. It was, Wilson was certain, the
same car he had seen being pushed on the
previous day.

He examined its interior and found it
completely empty. He jotted down the
license number, then got in touch with
Sheriff Richardson via radio. The grate-
ful sheriff announced that he would have
the Chevy towed to the State Police Crime
Laboratory for examination, that he would
check the license number with the Motor
Vehicle Bureau in Phoenix, Arizona.

The license bureau corroborated Patrol-
man Wilson’s hunch. The old car had been
registered in the name of Patrick McGee.
This fact seemed to bear out the theory
that McGee and the woman had fled in
Ary Best’s automobile.

Sheriff Richardson authorized another
teletype message to his colleagues in Cali-
fornia, New Mexico, Texas, Nevada, Utah
and Colorado, asking that the highway
officers of those states again be alerted to
keep a sharp watch for the slain man’s
car. Richardson emphasized the fact that
the driver was wanted for questioning.

By 7 o’clock that morning, no report
had come in concerning the late Ary
Best’s car. Arizona officers were of the
belief that Patrick McGee had switched
license plates. It was incredible that the
stolen car could have traveled for so long
without catching the eye of one of the
hundreds of officers who were looking for
it.

The ticking clock on the wall of the
sheriff's office registered exactly 7:07.
Richardson and his deputies sipped black
coffee from containers. They were sleepy

ty

and tired; worse, they were frustrated.
The telephone jangled’ ange € Richard-
son picked it up, spoke bri into the
mouthpiece, then listened with intense in-
tates: (155 sare haat aaa coi Sa cos
He slammed the receiver back on_the .
hook and said, a note of triumph in his
voice, “Boys, that was from a patrol car
officer in Williams. He’s spotted Best’s car

‘in that town. Come on. He’s waiting for.

us.’ : , ae.

Sheriff Richardson ran from the office,
followed by Deputies Coke and Cole.
They sprang into the sheriff’s. cruiser and.
raced out of town, the siren scre x
They made the 32 miles to Williams in
well under half an hour.

The Williams officer awaited them at
the gas station operated b:
“The Best car is over there,”
policeman, pointing to the side of the fill-
ing station. “I spotted it only a few minutes
before I called you.” ” !

Bill Massey took up the story. “Well,”
he said, “about 2:30 on Friday afternoon,
‘this middle-aged couple drove up. They
asked if the car could be left here, sa.
that they’d pick it up again in a couple of
weeks.” isc z ‘

The filling station owner had said that
this would be quite agreeable to him: The
couple had en several packages and
suitcases from Best's automobile and then
had hailed a taxi. .

“They loaded the luggage into the taxi,”
Massey continued. “Then the cab took off.
I heard them tell the driver to take them
to the Santa Fe freight depot in Williams.”

Sensing a break in the murder hip
Sheriff Richardson told the Williams offi-
cer to call the crime lab experts to tow |
‘away Ary Best’s car for examination. Then’
he and his deputies went racing to the
Santa Fe Railroad station. The freight

agent checked his records. ’

Tt was true that 12 pieces of luggage
had been shipped the previous noon.
from Williams to Los Angeles. They had
all been addressed to Patrick McGee. No
address was given. The parcels would
be called for by the consignee.

“Do you know if they took the same
train as the parcels traveled by?” asked
the sheriff. Redhat :

The freight agent shook his head. “No.
That was a freight train. No passenger

’ train went through here until El Capitan
last night. I guess it pulled out around

10:40 or so.” :

“Where,” asked Richardson, “is the
ticket agent who was on duty at that
time?” :

“Home, I guess. He won't come on duty
until this afternoon.”

“Do you have his address?”

The freight agent procured it. Sheriff
Richardson dispatched Deputy Cole to the
ticket seller’s home to question the man.
Then he turned to Deputy Coke and said,
“Let's check the local bars. McGee, I hear,
ins drinking man. If he had to wait all
afternoon for a train, he’d spend his time
in a tavern wouldn’t he?”

The sheriff proved something better
than right. Patrick McGee and his woman.
companion had spent their time in two
local, bars—the Corner Tavern and the
Sultana Bar. The proprietors of each easily
recognized McGee from the sheriff’s de-
scription. One employe actually knew both
McGee and his girl friend.

“ser name is Fain,” he said, “Millie
Fain. I think she’s McGee’s common-law
wife. The pair of them are itinerant
workers. They sort of drive around and
follow the crops, working here and there.
He’s a hard drinker and a tough cus-

At the last bar which the couple had
been in, the bartender believed that they

‘about eight hours

had left around 10:30 on Friday night—
after Ary Best had
been stabbed to death.

Sheriff Richardson and Deputy Coke
returned to the Santa Fe Railroad station,
where they were rejoined by their col-

Jeague. Deputy Cole had interviewed the

ticket agent. .

“The pair we want left town last night,”
he reported. “A man answering McGee's
description, and a woman boarded El
ee age and took off for Los Angeles last
nig ””,

The sheriff glanced at his wrist watch.
It was then precisely 9:28 p.m. He spotted
the station agent and ran to him.

“What time is El Capitan due in Los
Angeles this morning?” he asked des-
perately.

“Right o’clock.”

Richardson shook his head. “We've lost
them,” he said bitterly. “They can be well
on their way out of L. A. by now.”

“Wait a minute,” said Deputy Cole. “L.
A’s on Pacific Coast time. We're on Moun-
tain. There’s an hour’s difference. It’s only
8:30 in California.”

“T know that,” muttered Sheriff Rich-
ardson, “but the train still arrived an hour
ago. It was due at 8 o’clock their time.”

At this point, thestation agent had some
‘information to offer. “I believe El Capitan
was late last night,” he said. “I'll check it.”

The trainman went into his office and
thumbed through some sheets of paper.
“Yeah,” he said. “El Capitan left here
more than 20 minutes late. I doubt if she
made it up, climbing over the mountains.
If you want to have someone meet her,
you just might make it. I'll get in touch
with Los Angeles and see if she’s ar-
rived.”

The station agent reached for one tele-
phone while the sheriff snatched up an-

other. He put through a police emergency
call to Chief of Detectives Thad Brown
of the Los Angeles Police Department.

“If the Santa Fe’s El Capitan hasn’t
arrived yet,” Sheriff Richardson said to
Chief Brown, “please have some detec-
tives meet it. Pick up Patrick McGee and
Millie Fain. We want them for questioning
in connection with a murder investiga-

tion. ‘i

Detective Chief Brown said that he
would be happy. to oblige. He would call
a radio car immediately. The sheriff hung
up, and a moment later so did the station
agent. '

“The train is not in Los Angeles yet,”
announced the latter. “She’s late. She’s
due in about seven minutes,”

Sheriff Richardson breathed a sigh of
relief, “Let’s get a cup of coffee,” he sug-
gested to his deputies, “and then go back
to the office. There’s nothing to do now
until Los Angeles notifies us.”

The call came an hour later. Patrick
McGee and Millie Fain were in the Los
Angeles County jail. Questioned by homi-
cide squad detectives, the couple had ad-
mitted that McGee had murdered Ary
Best and that Millie Fain had witnessed
the killing. However, thus far the couple
had volunteered no further details.

On Monday morning, at a hearing in
Los Angeles, Patrick McGee and Millie
Fain waived extradition proceedings.
Deputy Cole was promptly dispatched to
return the couple to Arizona. County At-
torney Wren announced that, after an
analysis of the evidence and the state-
ments of the defendants, he would ask
for a swift trial and would file charges

- of first-degree murder.

Deputy Cole returned to Flagstaff with
his prisoners on Wednesday, August 5,
1959. They were exhaustively questioned
4 Sheriff Richardson and Prosecutor

ren.

fay bbs]

merger ee eee


“Tt was the liquor,” Patrick McGee
maintained. “I' had been drinking too
much. I’d been slugging wine, beer and
whisky. Millie and I were broke, too, and
I didn’t like it. We were heading West
to try to get a job in California.”

McGee went on to say that he had been
having transmission trouble with his an-
cient Chevrolet.

“We got stuck on the road just west
of the Twin Arrows Trading Post. This
guy [Ary Best] came along and offered
us some help, We had a few drinks from
my bottle, n this guy told us that he
had a bottle in his car. He told me to go
and get it. I went back to his car and
then I heard my wife, Millie, holler.

“I grabbed a hunting knife and went
over there fast. I stabbed the guy once
in front and twice in the back when he
turned around. He started to groan, so I
got him a few more times while he was

on the ground so that he wouldn’t .

suffer.

“Then I took his wallet. It had a hun-
dred dollar bill and two 50s in it.” McGee
paused, sighed and added, “It wasn’t a
very pretty picture.”

Millie Fain supplied her version of the

killing.
“Pat McGee and I were following the. °

crops and were on our way to Los Angeles
to get work,” she said. “When our car
got stuck, Ary Best gave us a push. We
went along for a little way, then stopped
again. I went down the road a way and
Best followed me and tried to attack me.
He was hitting me. Pat tried to pull him
off, but Best reached for a rock.

“Pat took out his hunting knife and
they had a fight. I don’t know just what
happened then. Pat ordered me back to
the car. I climbed in, and after a while
Pat came along and told me that Best
was dead. We took all our stuff from our
car and put it in his.”

According to Millie Fain, Pat McGee
had driven the old car to the. rer where
Highway Patrolman Wilson had found it,
She had followed in Best’s sedan. Then
the pair had gone to Williams, left Best’s
car at the filling station, expressed the
Peres and taken the Santa Fe to Los

eles,

It was an interesting story. Sheriff
Richardson and County Attorney
hic believed most of it, but not quite

“How,”. Wren wanted to know, “could
a man 66, weighing 140 pounds and thor-
oughly crippled with arthritis, attack any-
one—even a woman?”

The following morning the accused cou-
ple were given a hearing before Justice
of the Peace James F. Brierley, who or-
dered both McGee and the woman held
without bail on a charge of first-degree
murder.

. During the peering, Patrick McGee
faced his mistress, ed and said, “How
are you?” ;

“Real bad, thanks to you!” she snapped.

Later, the pair were) asked to’ return
to the scene of the murder to re-enact
the crime. The husky, unemotional
McGee flatly refused. ie Fain mei
She was accompanied by Sheriff Ri -
son, Prosecutor Wren, Assistant County

\

Jam Session In Murder

[Continued from page 31]

from his crouched position, his examina-
tion of the corpse completed. “You say
you don’t know her, Mr. Owen?”

The tall home owner shook: his head.
“I’m positive I never saw her before in
my life.”

“And you don’t have any idea how she
came to be here?” the lawman pressed.

“Not the slightest,” Owen replied. “You
see, my family and I just returned from
vacation late last night. When my wife, my
boy and I got home, we were tired from
our trip. We went right to bed. This morn-
ing my son—we call him ‘Sonny’—went
outside to play. He”’—Owen’s voice fal-
tered—“Well, he came running back into
the house and said’ he had found this.

My wife and I didn’t believe him until we

came out and saw for ourselves.”

Patrolman Willingham nodded. “I see,”
he muttered. “Could I borrow your tele-
phone?”

“Certainly,” Owen said, and led the
officer into the house.

Willingham stepped through the dining
room and glanced at Mrs. Owen, The at-
tractive matron sat with her head resting
on the table, crying softly. She looked up

as the lawman passed, “Is it,” she asked.

hesitantly, “is it murder?”

“TI can’t say yet,” Willingham answered,
“But we'll find out soon enough.” f

Sobbing, Mrs. Owen pleaded, “But who
could have done such a thing? Why? Tell
me, officer!” She was a young woman,
frightened and confused. She needed an
answer, :

“I wish I could tell you,” was all the
comfort the patrolman could offer.

“But why was she brought here?” Mrs.

56 yan

seentemmaiia baie oanecaea

Attorney Warden, and Police Matrons
Stella Colmenaro and Shirley Stevenson.

Millie Fain moved as in a daze as she
pointed out the spot beneath the cotton-
wood tree where her lover had allegedly
stabbed Ary Best. She had broken down
during her hearing, now she broke down
again. The matrons supported the dis-
traught brunette or she would have fallen,
not too far from the spot where Ary Best
had died.

Millie insisted that the original story
she had told was true.

However, when Best’s brothers were in-
terviewed, they stated that it would have
been utterly impossible for Ary to beat
anyone because of his physical condition.
It was then that County Attorney Wren
asked Millie Fain if she would submit to
a lie-detector test,

The 43-year-old brunette agreed.

As we go to press, Prosecutor Wren
has stated that the arraignment of the
accused couple in Superior Court would
be delayed until the polygraph test could
be administered.

“We shall arrange the test as soon as
possible,” he announced, “to check out
Miss Fain’s story of the killing. The test
will be conducted in Tucson by Charles
Coates of the Pima County attorney’s of-
fice. Coates is the state’s foremost lie-
detector expert.”

If Patrick McGee and Millie Fain are
brought to trial, it will remain for a judge
and jury to determine whether they are
Guilty or Not Guilty. Meanwhile, under
the laws of our land, they must be pre-
sumed innocent.

Owen insisted. “Why our house? And, of-

‘ ficer, who was she?”
Willi

shrugged. “We hope to find
out the answers soon,” he stated.

The policeman stepped into the hall and
dialed the number of the Dallas homicide
squad's office. '

Captain Fritz found the police depart-
ment photographers and laboratory tech-
nicians already working over the corpse.
As he waited for, them to finish, Detec-

_ tive Dhority brought him up to date on

what had ‘been learned.

The Owen family had left their home
eight days previously—July 15, 1959—to
visit relatives in Austin, Texas. The Owens
had locked the house and left instructions

with a gag to pick up the papers and

morning to find the naked corpse in their
Sa The Owens had no idea how long the
'y had been there.

Inquiries’ in the neighborhood by the
detectives had turned up little that ap-
peared significant in the’investigation. No
one knew the pretty young victim, nor
did anyone remember having seen her in
the neighborhood before. Neither had
anyohe noticed an suspicious
around the Owen house during their ab-
sence.’ . 2

The spot where the body had been con-
cealed, however, was not’easily seen from
the street. | oh

“Unless someone had occasion to walk
back along the side of the house or u
on the porch,” Detective Dhority observed,
“he wouldn’t discover the body or even
know it was there.” 5

Captain Fritz nodded. “The killer knew
it was there,” he commented wryly. “Peo-
ple just don’t carry a nude corpse up toa
stranger’s yard and toss it in the bushes.”

“We've considered that angle,” said
Dhority, “But with no more than we have

to go on at this time, I think we'll have
to recognize that possibility.”.

“Do you have ahy idea yet as to when
the girl might have been placed here?”
asked Fritz,

Dhority shook his head. “We're not posi-
tive. But from the condition of the corpse,
our guess is that she’s been dead at least
24 hours. Beyond that, we’ll have to wait
end the autopsy to pin it down to the exact

e, 7

“How was she killed?”

The detective referred to his notes.
“She's been beaten pretty badly about the
face,” he said. “Somebody has used it for
a punching bag. There’s also a nasty blow
on the back of the head. We went over

' the rest of the body pretty thoroughly

e Yous
‘The family returned home on Wednes- °’
day night, July 22, and awoke the next ’

but we didn’t find any bullet wounds.
There aren’t any marks around her throat
to indicate she was strangled. But she
has what looks to be some poe, severe
bruises around het breasts and thighs.”

At this point, ambulance attendants
lifted the corpse from the ground and
carried it to a stretcher. They covered it
with a sheet to shield the pretty young
nude from the eyes of the curious crowd
that had already gathered in front of the
Owens’ home.

After giving instructions for the vic-
tim’s remains to be delivered to the Dallas
morgue for an immediate autopsy, Cap-
tain Fritz and his detectives began ex-
amining the ground between the Owens’
porch and the bushes.

The ground told little of what had
happened to the young woman. Except for
a small red stain on the soil below the
porch where the body had lain, the ground

' was bare. There were no scuff marks to

suggest a struggle, no footprints to track
a killer, no articles of clothing or jewelry
that by help name the victim.

But the small red stain revealed some-
thing to the officers. It indicated that the
body was placed on the spot within 15


Blood on the Desert

[Continued from page 17]

golden initials had been stamped into the

band: A. H. B. :

Coroner Brierley stood up, shaking his
head. “He’s been stabbed about five or
six times,” he announced. “I’d guess fur-
ther that he’s been dead for at least eight
hours. We'll be able to figure the time
more accurately after the autopsy.” -

Sheriff Richardson nodded, knelt at the
side of the dead man and performed the
unpleasant but necessary task of going
through his pockets. He found only a few
silver coins in the tan slacks. There was
no wallet. In the hip pocket of the
trousers were a letter and an electric light
bill. The latter had ben issued to Ary H.
Best at a Los Angeles address.

As the sheriff was searching the victim,
his colleagues still probed the scrub and
pinon. Presently, Deputy Coke came upon
a stout oak walking stick.

“This,” he said, “might have belonged to
the killer or the dead man. Or maybe it
has nothing to do with the killing.”

The coroner nodded thoughtfully. “It
might very well have belonged to the
victim,” he remarked. “This man appears
to have suffered badly from arthritis. His
hands are crippled to some extent. He
may have needed that stick to help him
walk.”

Since there was nothing further he
could offer at the moment, Coroner Brier-
ley ordered the body removed to a funeral
parlor in Flagstaff, where the legally re-
quired autopsy would take place. The
sheriff and his men returned to their car,
carrying the knife, the stick and the dead
man’s hat with them. Estridge was thanked
for his prompt action and sent on his way.

Sheriff Richardson’s immediate task was
to establish a definite identification of the
dead man. To this end he obtained from
the long distance operator the telephone
number of Ary H. Best of Los Angeles.
Then he put through a toll call.

A moment later, the sheriff was talk-
ing to Daniel K. Best. Yes, Best said, he
did, indeed, have a brother whose name
was Ary. He was 66 years old, with gray
hair, He weighed a slight 140 pounds and '
was a sufferer from arthritis—so much
so that it was utterly impossible for him
to walk without the aid of a cane or
crutches.

“Do you know where your brother is
now?” asked Richardson.

“I guess he’s on the way home, He’s
been visiting some friends in Follett,
Texas. But I’m expecting him any time
now. What’s wrong?”

After a moment's hesitation, the sheriff
replied, “I’m very much afraid that your '
brother won’t be home. He’s been mur-
dered.”

The shock in Daniel Best’s voice was
easily discernible. “That’s impossible!” he
cried. “Nobody would want to kill him.
Ary wouldn’t hurt a fly. He couldn't, even
if he wanted to. Not with his arthritis.”

Sheriff Richardson consoled the griev-
ing man before he asked for information
which might help in establishing a motive
for the murder. “Do you know if he carried
any cash with him?”

“Sure, he did,” the victim’s brother re-
plied. “He was traveling. I’d say that there
must have been anywhere from $200 to
$500 in his wallet.”

The lawman was certain now that he’d
have to find a cold-blooded killer to whom
money meant more than a man’s life.
“He had no billfold where we found him,”
said the sheriff. “You’d better come to

5¢ OA

Flagstaff right away and officially identify
the body,” Richardson advised.

Stunned by what he’d heard, Daniel
Best said that he and another brother
of the dead man would set out from Los
Angeles immediately, However, before he
hung up, Sheriff Richardson asked if Ary
Best had been traveling by automobile.
Receiving an affirmative answer, the offi-
cer obtained the license number of the
victim’s car.

Now Sheriff Richardson called in all his
4 dense He ordered them to make an
exhaustive search of Highway 66, from
West Flagstaff to the town of Williams,
30-odd miles away.

“Check each side of the road,” he said.
“See if you can find anything of signifi-
cance to this crime. Talk to all operators
of gas stations and roadside stands. Find
out if any of them saw Ary Best, or any-
one who might have behaved suspiciously.
And keep an eye out for Best’s car. Here,
write down the license number I just got
from his. brother.”

When his deputies had departed, Rich-
ardson went to the office of the count;
attorney. He conferred with that official,
Laurence T. Wren, and the deputy attor-
ney, Robert Warden. :

Murder is not taken lightly in Coconino
County. The last such case had occurred
almost 40 years before, when Simplicio
Torres of Williams was executed for the
fatal shooting of a constable who was
about to arrest him for a minor crime.

“We're going to work around the clock
to catch the killer,” the sheriff told the
prosecutors. “We'll keep at it all night. I
don’t want the trail to grow cold. Our
one big clue is the victim’s car.”

Sheriff Richardson went on to explain
that since Ary Best’s car had not been
in evidence at the scene of the slaying,
it was apparent that it had been taken
by the killer.

“I’ve sent out a five-state alarm for that
automobile,” the lawman said to the prose-
cutor.

By midnight Richardson’s deputies had
returned. They had found’ no sign of
Best’s car. However, the operator of the
Twin Arrows Trading Post, situated some
two miles east of the spot where Best’s
body had been found, had furnished a
couple of important items of information.

The merchant recalled having seen a
man answering Ary Best’s description at
about 7:30 of that eventful Friday morn-~
ing, July 31, 1959. Best had stopped by
and filled his tank with gasoline. He- had
been alone. Strong co:
witness’ story was provided when he re-
called- that the man he had seen walked
with difficulty and with the aid of a cane.

“And the trading post operator remem-
bered something else which may tie in,”
said Deputy Coke. “Shortly before Best
arrived, another car drove up. There were

two people in it, aman and a woman. The
man was about 50 years old and power-
fully built. The witness recalls the couple
because they bought just 33 cents’ worth
of gasoline, That seems to indicate that
they were broke—and that could have

. given them a strong motive for robbery.”

“Did the merchant say anything about
the car which the man and woman were
driving?” asked Richardson. “Could he
describe it?” .

“Tt was an old heap. He thinks it was a
Chevrolet, at least 12 years old. He’ said
it looked as if it might break down at any
minute.”

And Deputy Cole had, apt arently, found,
killing had

‘the precise spot where the

taken place.

“It probably happened,” he reported,
“at the foot of a cottonwood tree at the
edge of the road and outside of the

°

ation of the —

barbed-wire fence, just about 50 yards
from the place where we found the body. -
I saw several dark stains in the sand there
which look like human blood.”

Sheriff Richardson nodded. “After the
robbery and murder, the corpse was prob-
ably dragged under the fence, planted in

that clump of bushes so it wouldn’t be so
easily seen.”

As the sheriff conferred with his dep-
uties, the report of Dr. Jay L. Sitterley, a
Flagstaff physician who had performed
the autopsy, was handed to the sheriff.
In Dr. Sitterley’s opinion, Ary Best had
been dead for anywhere from six to eight
hours at the time of the finding of the

dy.

Ary Best had been stabbed in the torso
eight times. The doctor stated that any
one of three of these wounds could have
caused immediate death. The medico had
examined the knife found near the dead
man. He considered it quite possible that
this weapon had been used to inflict the
wounds,

Daniel Best and his younger brother
arrived by plane shortly after 1 o’clock the
next morning. They were taken to the
funeral parlor, where they positively iden-
tified the murdered man as their 66-year-
old brother, Ary.

By this time every state trooper, every
local officer and every sheriff in the state
of Arizona was searching the highways,
the garages and the parking lots for Ary
Best’s car. However, by dawn no one had
found any trace of it.

Sheriff Richardson checked personally
with the operator of the Twin Arrows
Trading Post. He asked for more informa-
tion concerning the couple who had
bought the 33 cents’ worth of gasoline.

“How much time elapsed after the cou-
ple left and Ary Best arrived?”

“Maybe 15 or 20 minutes.”

“Now,” said the sheriff, “you say this
couple were driving an old beat-up jalopy.
Do you think it possible that, shortly after
it left here, it might have broken down?
That the occupants flagged Best down for
help, then decided to rob him?”

“It’s quite ible,” the trading post
attendant replied. “That old car didn’t
look as if it had 500 miles left in it.”

This theory the sheriff considered quite
reasonable. However, by 5 o’clock in the
morning, he still had no line on either
the ancient sedan or the car belonging to
Ary Best. He sent out a second alert. This
time he requested all law officials to watch
out for an old green Chevrolet carrying a
man and a woman.

When dawn came and the blazing Au-
gust sun climbed slowly out of Arizona,
the officials of Coconino County still had
not the slightest clue as to the identity of
the slayer of Ary Best. Moreover, they
were sleepy and weary. However, none
had any thought of going home to a com-
fortable bed.

Shortly after 6 o’clock, Sheriff Richard-
son received a telephone call from the po-
lice chief of Winslow, the seat of Navajo
County, directly to the east of Coconino.

The police chief, who had received both
alerts issued by. Richardson, had some in-
formation.

“A guy left our city yesterday,” the
Winslow lawman reported. “He was with
a woman, and traveling in a beat-up

_ Chevy. And he was broke. I don’t know

if he’s your man, but I’m passing this on
for what it’s worth.”

The Winslow police chief, who had or-
dered his detectives to investigate after
he’d heard of the Coconino murder, went
on to say that the man in question was a
former resident of Winslow. He was bull-
shouldered, 225-pound former professional
prizefighter and tavern owner. His name

owner of a bar anc
“He was seen in t
night,” said the chic

to head west. He
woman, ered mn baa
informa jon ™m
te anit Richards
ful for the info
gravely concern
he wanted, it now
that he had sw@Pt
ear for the one A
Best’s car, accor
only two years ‘
ition.
on Patrick Mc‘
nion had take
mediately after
five or six hun
However, by U
had gone off In
left his own J&
While the ®!
these lines, S°

H
the East Flae
had heard the
both the ancic
and the sedan

which spreac
way 66.
Within ha!
man found
a lonely ro
Ariz
Kendrick Pe
among som<¢
It was a 194
peeling. It
same car Nk
previous di
He exan
completely
license NU
Sheriff Ri
ful sheriff
the Chevy
Laborato!
check the
Vehicle 5
The lice
man Wils
registere
This fact
that Mc‘
Ary Bes'
Sherif!
teletype
fornia, -
and Co
officers
keep 4
ear. Ric
the dri:
By 7
had c'
Best's
belief
licens¢
stolen
witho
hund:
it.
The
sherl
Riche
coffe:

EET ———


dbatad

ot Bich eS

The Prescott train depot where 200 people awaited the arrival of Fleming Parker.

Sharlot Hall Museum

The Lawless Trail of
Fleming Parker

By MARY G. STANO

ATry ESP

he life of Fleming Parker ap-

parently took two roads—one, that

of a respected cowhand; the other,

that of a desperado. But it was the side

of the desperado that Parker seemed to

favor, resulting in a senseless murder

which sparked one of the most massive

manhunts in the history of Arizona
Territory.

Parker's penchant for trouble prob-
ably began six or seven years after his
birth in 1865 in Tulare County, Califor-
nia. His mother, Harriet, died in child-
birth about that time, and his father,
Dan, went insane shortly thereafter.
Left mostly on his own, he began to
associate with felons who involved him
in criminal activities near his home in
Visalia. When Fleming turned fifteen
his father died. Fleming, along with two
sisters and a brother, was sent to live
with his grandfather, Flem Works, in
Antelope Valley northeast of Visalia. It
was hoped he could be turned away from
crime in a new environment, but the
change did not reform him.

Works spent a great amount of time
42

and money on his grandson, who was
continually being arrested for minor
insurrections, but it was all in vain. In
1885 Fleming Parker was convicted of
stealing a steer and was sent to a state
prison. When he was released in 1886
he took odd jobs, mostly on ranches
around Visalia, but he failed to remain
within the boundaries of the law and
was arrested again for theft. Freed on
a technicality, he promptly left Califor-
nia and went to Arizona Territory.
There he changed his name to James
Parker and hired on as a cowhand at the
Bar Cross Ranch near Williams.

BAR CROSS owner Tom Wagner
found Parker to be an exceptional
cowhand but a peculiar man. Although
Parker did his work and was always a
gentleman when they went into Wil-
liams or Flagstaff, he was unusually
quiet and quite secretive. He eventually
began to ride off for no apparent reason,
and when his absences became more fre-
quent, people in the area started to
suspect he was part of the Thompson

gang operatiny in the area.

Abe Thompson, Lowell ‘‘Kid** Mar-
vin, Charles Creihton, and a few Mex-
icans and half-hloods were blamed for
horse stealing und cattle rustling in
Arizona and southern Nevada. Their
hideout presumably was hidden within
a labyrinth of Canyons north of the Colo-
rado River, a roe maze where a man
could hide for Years and never be found.
No one ever proved their guilt or that
Parker was @ member of the gang. Al-
though Parker wis never seen with the

men, he did acquire enough money
(more than seid possible as a simple
cowhand) to purchase a string of horses.

Parker may hive acquired the horses
to start his ows ranch, but any such

plans were quickly changed in January
1897, when Lwo of the animals were

killed by an Atlintic and Pacific train.
Parker asked {ur restitution, but the
amount the rif) ood offered was only a
pittance of what he believed the animals

to be worth. When the railroad company
refused to make » more reasonable of-
fer, Parker decid] to take matters into

rue West
1a -90


-

forgery. The three prisoners planned an
escape which took place in the early
afternoon of May 9, 1897.

That day jailer Robert Meador was
alone in the jailer's quarters when
Sarata requested some water. Since
Sarata had gained Ruffner’s trust and
was considered a model prisoner, he was
assigned the task of getting the water
for the men from a pump at the back of
the building. Meador, therefore, did not
hesitate to open Sarata’s cell door.

The instant it swung open, the inmate
lunged at Meador. He snatched the keys
out of the jailer’s hands and viciously
beat him over the head with them.
Meador yelled for help before dropping
to the floor, bleeding from severe cuts
to the head, while Parker and Miller
rushed into the jailer’s office and col-
lected a rifle, shotgun, and revolver.

Meador's cries for help were heard by
Deputy District Attorney Lee Norris,
who was working in an office on the
floor above and hurried down the stairs.

Seeing Parker coming out of the jailer’s
room with a double-barrel, single-shot
rifle, Norris stopped halfway down the
stairs. He turned to run and was fatally
shot by the outlaw.

A dazed Meador managed to crawl to
his gun, which was probably hidden in
his office, and fired at the three men
fleeing out the back. He hit Miller in
the side and shin, but he failed to stop
him or the others. Parker and Sarata
simply helped Miller to Ruffner’s
stables where they ordered the livery
man, a Mr. Osborn, to saddle two
horses. Parker chose Ruffner's prized
gelding, Sure Shot, which was already
saddled for a family member.

OSBORN was able to saddle only one
horse before a crowd, drawn to the
courthouse by gunfire, discovered
what was happening and headed for the
livery stable. With no time to wait for
another horse, Miller and Sarata rode
double out of town, behind Parker in the

* eee Nx’ ~~

Sheriff George C. Ruffner in his office, May 1897.

44

lead on Sure Shot. A short way out of
town Miller, who could no longer stay
astride the horse because of his wounds,
had to be left on the side of the road.
While the others rode on toward the
hills, Miller hid in some bushes until
nightfall. In the darkness, he slowly
made his way toward the town of
Jerome, where he probably hoped to
get help from someone he trusted. He
crossed some twenty miles of rugged
land, sleeping in ditches during the day,
until he was captured in Walnut Gulch,
a half-mile south of his destination.
A small group of men from Prescott
caught up with Sarata and Parker at
Lynx Creek and fired upon them. Sarata
was hit in the right thigh, and Parker
suffered a superficial wound below the
right knee. Neither injury hampered the
escapees’ ability to ride, and they suc-
cessfully escaped into the hills. In the
midst of a thick stand of trees and rocky
outcrops, the two men split up. Sarata
went to Mexico, where he lived out his

Sharlot Ko

True vest

ad

jwn hands by robbing the very train
- killed his horses. To do so, he
sted the help of the Thompson gang.
n the night of February 8, 1897,

Parker boarded the train and held the engineer and
f-eman at gunpoint. The other robber went to the mail

back: ;

“-e

d" Marvin positioned himself with
eral horses on a hill above Rock Cut,
mall station at a railroad spur six
‘es east of Peach Springs. Abe
ompson was in Peach Springs with
sh mounts for an escape to Nevada.
ey planned to release the first horses
o the desert to throw any posse off
sir trail. As the 8:50 eastbound pas-
ager train approached the Rock Cut
ation, Parker and a fourth man (some
urces say John Clayton, others say
enry Williams) secured their bandana
asks and rode up to the lone watch-
an, With guns leveled at his head, the
atchman flagged down the train.
Parker boarded it and held the engi-
eer and fireman at gunpoint. The other
sbber went to the mail car and fired a
ouple of shots into the air to force
ack onto the train the conductor and
,rakeman, who had stepped off. Notic-
ng arobbery in progress, two passen-
rers immediately left their seats and
yurried to the mail car, where they shot
-he bandit. Hearing the gunfire, Parker
forced the engineer to drive the train
a few miles down the tracks, leaving
behind his dead partner and the two
passengers. When the train stopped

car and fired a couple of shots into the air to force

onto the train the conductor and brakeman, who had

stepped off. Noticing a
gers left their seats and

robbery in progress, fwo passen-
hurried to the mail car.

again, Parker ran to the mail car but
could not open the safe since the
dynamite to blow it open was with the
dead man. All he managed to steal
before slipping away into the night
was $100 of registered mail.

As Parker escaped on foot, Marvin
rode to Peach Springs and reported the
incident to Thompson. The two men
returned to Thompson's ranch, where

they were arrested as accomplices in the

train robbery. After a four-day search,
Parker was tracked to Diamond Creek
near the Grand Canyon, and captured
as he tried to cross the shallow stream.
All three men were handed over to
Sheriff George C. Ruffner and taken to
the Prescott jail, which was part of the
courthouse building.

Ruffner had been sworn in as sheriff
of Yavapai County in July 1896. He
previously had worked as a cowhand on
several ranches and knew Parker well

Prescott around the 1890s. The courthouse can be seen in the center of the photo.

December 1990

enough to have once considered him a
friend. But the Illinois-born Ruffner
did not allow his former friendship with
the outlaw to interfere with his duties
as an officer of the law. He was deter-
mined to see Parker prosecuted despite
the public's outrage at his arrest.
The people of Prescott considered
Parker a hero for challenging the omni-
potent railroad. As far.as they were con-
cerned, what he had stolen from the
railroad company was only what it
owed him for his horses, and for that
reason they felt he should be set free.
When he realized that Ruffner was not
going to release him and that he might
be hanged for his crime, Parker sought
help from two other inmates—a boyish-
faced, twenty-four-year-old Mexican
named Cornelio Sarata, who was ar-
rested for attempted murder; and
pigeon-toed Louis C. Miller, a man of
twenty-eight who was arrested for

Sharlot Hall Museum

43

4

ys. free from prosecution. Parker
opped at a ranch house, where a
yman patched him up before he headed
orth ¢o elude Sheriff Ruffner.
Ruffner, who had been investigating
ittle rustling near the town of Con-
ress, promptly returned to Prescott
pon hearing about the jail break. He
icked up Parker's trail near Lynx
‘reek and followed it to a sheep camp
here the outlaw had secured a Win-
-hester rifle and ammunition from the
nan and woman living there. The rifle
ised to shoot Norris was found nearby.
To confuse the posse, Parker reversed
3ure Shot's shoes and crossed his path
-epeatedly until no one was able to
determine in which direction he had
gone. Bloodhounds were immediately
dispatched, but theoutlaw had made so
many circles while doubling back and
had crisscrossed so many streams over
and over again that not even the best
of the pack was able to follow the trail.

AT ONE POINT, Ruffner came
across Parker's hat, which the outlaw
had lost, and followed the trail a short
way before coming upon a note pinned
to the ground. Bearing Parker’s signa-
ture, the note read, “A reward of $1,000
is offered by the undersigned for Sheriff
Ruffner dead or alive; dead preferred.
An additional reward of $10 each will
be offered for the killing of the poodle
dogs that have been on my trail.” The
sheriff continued but again lost Parker’s
trail, as did the lawmen from Prescott
and Kingman, the Indian trackers, and
the common citizens who were all hired
to find him.

Eventually Sure Shot went lame from
having his shoes reversed. Caring too
much about horses to shoot the animal,
Parket released the gelding into the
desert. He then either purchased, was
given, or stole two horses—one to ride
and one probably to use as a pack horse.
Around May 24 he rode up to an Indian
trading post operated by S.S. Preston,
about ninety miles north of Flagstaff.
He likely felt safe by then, and think-
ing no one that far north would have
heard about him or his escape, he dined
with Preston. But although the pro-
prietor knew nothing of recent events
in Prescott, he did recognize Parker
from the wanted poster issued after the
Atlantic and Pacific train robbery.

Not wanting to tangle with Parker
alone, Preston noted the outlaw’'s direc-
tion and sent word to the law in Flag-
staff. He then gathered ten Navaho
trackers and started toward Lee's
Ferry, where Parker evidently intended

to cross into Utah.
December 1990

e
a

= $a:

aol Ee:
Ser ease he

Sharlot Hall Museum

Yavapai County courthouse in Prescott, which also housed the jail cells.

To confuse the posse, Parker reversed Sure Shot's shoes

and crossed his path repeate
determine in which direction

dly until no one was able to

he had gone. Bloodhounds

were dispatched, but the outlaw had made so many
circles and crisscrossed so many streams that not even
the best of the pack was able to follow the trail.

On the night of May 26 Preston and
the Navahos found the outlaw's camp.
They quietly surrounded him, and at
daybreak one of the Indians fired a shot
into the air. Parker bolted to his feet,
with gun in hand, and found eleven rifles
aimed at him. Preston ordered him to
drop his weapon, which he promptly did.
His hands were bound and he was taken
to Flagstaff, where Sheriff Ruffner took
custody of him. Miller was also handed

over to Ruffner, and both escapees were
taken back to Prescott.

When word of Parker's arrest reached
Prescott, 200 angry citizens marched to
the depot to meet the train carrying
Ruffner and the prisoners. Ruffner
sensed trouble and had the engineer
stop the train outside of town at
Thomas Long's Half Way House. A
closed carriage was brought, and the.

prisoners were driven to the courthouse
45


Book

Continued from page Di

research went on, he began to realize the enormous ef-
fort required to set the record straight. |

“There were agencies that no longer exist, or those
that had no knowledge or no record of the deaths.”

Tempe police replied to Van Raalte by saying no of-
ficers had died in the line of duty. It took library
research to uncover the names of Spangler and Net-
tles, who were killed long before the police depart-
ment began operations. —

Van Raalte has spent countless hours poring over
old, yellowed newspapers for reports of shootouts.

“Tf I had known it would take so much money I
would have put in for some kind of grant. Hopefully,
when this is done, [ll recoup some of my expenses.”

Meanwhile, he says, “I get by on the skin of my
teeth and my wife’s good graces.” She helps him with
much of the busy work.

He still has to research about 100 police depart-
ments where “‘it’s been like pulling teeth to get infor-
mation.’ Many agencies tell him they don’t have the
manpower to do thorough checks on their own.

When he has time, Van Raalte researches past
history of those agencies. The erstwhile law officer

nds his spare hours in libraries across the nation
while traveling in pursuit of his hobbies, honorary
positions or job. .
Van Raalte has been president of the International
Association of Auto Theft Investigators, served with

9

ga

°

“3

3

=

°

Fed ~~

es:

>}

B
see

deaths of lawmen. ci
What remains is two years’ work filling the gaps. ey

The search for the unsung heroes willtake himtoSan re

“Francisco, Boston, Little Rock, Ark., Washington,

D.C., and other cities. .

The finished product will have chapters on female (
peace officers, game wardens, lawmen of the Wild da
West, and, of course, the Arlington Heights accident Jol
claiming a fellow officer whose untimely death trig- 9; !

gered the project. Vel

And somewhere along the way, Spangler and Net-

tles should receive their a place in history, too. E
: Ari2

Van Raalte asks that anyone who knows where to Thr

find photographs of the two Tempe lawmen writehim Roa
at P.O. Box 584, Arlington Heights, Ill. 60006. fice

January 8, 1960
Before Judge Jack L. Ogg,
STATE OF ARIZONA, Plaintiff, : NO. 4081 Yavapai Superior Court
vs :
PATRICK MAHON McGEE, Defendant.

Comes now the State by L. T. Wren, County Attorney, and Robert W. Warden, Deputy
County Attorney, and the Defendant in Person and by his counsel, John H. Grace and W. R.
Preston, on this hearing on Defendant's Motion for New Trial. Mr. Grace moves the Court
to correct the Motion to read from 35 to 42 jurors and the Motion is granted. Thereupon,
the Motion for New Trial is argued by counsel and denied by the Court.

Thereupon, time for sentencing as of this date and hour is agreed upon by counsel
and there being no legal cause to show why sentence should not be pronounced at this time,
IT IS ORDERED that the Defendant be punished by death by lethal gas in the Lethal Gas
Chamber within the walls of the State Prison at Florence, Arizona, on Friday, the 22nd
day of April, 1960, between the hours of 5 o'clock a.m. and 6 o'clock p.m., and the de-
fendant is remanded to the custody of the Sheriff. Court is adjourned at 10:45 o'clock
a.m.

In Chambers: The date of April 22, 1960, is argued by counsel.

In Courtroom: 10:55 o'clock a.m. Comes now all present as at previous session. The Court
orders that the record be corrected to show that sentence is pronounced, with a change in
time only, to read: Time set for execution will be Wednesday, April 6th, 1960, between

the hours of 5 o'clock a.m. and 6 o'clock p.m. Court is adjourned.

Judge.

j , Bia ie wince cabinet ‘ ne. ea
g | : : eater

rd 2;

cae A. Me GEE, “Patrick, White, .a sphyx. Arizisepapepn inet a /
| , ae pe ®

r

County) 3-8-1963,

s

wi 0 :

SS = * SAR. a m
?
{ " =e” + } va
<a -
-
° ,
oie?
. F ; . o yi’ ~%

R

| The Asisiiin Republic 9

tye’s Goal Two Youths Lab Tests Indicate ="
aqrcrtoe, xt Sentenced ‘Steel Quality Low Killer’ Plea

. trolS are also provided. Relative
Hospital from its opening in -

toher 1958. up to the present, ; For Burglary y| ‘TU SON (AP)—Phoenix' Testing Jaboratornies yesterday declared] Before Court

infants Poi ing ag pil 5, {steel for which Tueson paid $1.87 a pound was woah only 1 cents a!
pounds. hese, five di sur-! ° yt .

vive. Sherry was the smallest and! FLAGSTAFF, — Two. Flagstaff, ae! | FLAGSTAFF—Attorneys for Pat-
. . P for quality and rhe ;

lived the Jonpest, teen-agers were sentenced Mon- | The iahoratories tested the stec! quality and carbon content at rick McGee, 54, convicted of mur-

day for a $14,000 supermarket the request of the Tucson Dai ven, with approval of City
month.; Manager Porter W, Homer, der in 1959, will be heard Friday
nan appeal of McGee's convic-

‘No one can say when an iso-!
| Jette will be needed again in; ;burglary here earlier this

™ . At sutth a time the Flag-} ¢ | TI teel f th yp Offer obtained: a Superior Court
Pisa ie ‘oconino County ‘Judge Lat 1e steel was part of that a bis ;
Hospital! s incubator might we Cou # : w nec| Hepedly stockpiled in 1957-58 with writ of attachment against. stee! UOn by the Arizona Supreme
re In use, or weather conditions|*"e Wren sentenced walter) it competitive bidding, It con owned Dy General Steel Co, of Court
might impede its prompt delivery |Whisenhunt, 16, to the State In-|cicted of bare, beams, plates am iristadt, No J, and stored in a) yqeg , ed to be exe
for use here. A baby’s life mightidustrial School for Boys at Ft. pero rods, acu : McGee was sentenced to exes
be lost. ‘ Tucson warenaine cuted for the fatal stabbing Juty
Grant for his part in the burglary. | | Meanwhile, the city attorney's: py. yrtachmes _ ag intended to 1, 1954, of Ary J. Best, a Cali-
The slogan for the memorial|Whisenhunt fled the state ina bor | 4 — nee fornia touriet.
fund drive is “Give a Life for) rowed car after being questioned) = vesure that the cty would mi
Christmas.” | Hhle tu pet sore of ity money! A Coconino County Jury returned
. ’ by officers and was apprehe nded| k's Big Bomb Brings Iback af itowu in expected Su the verdict of guilty after @ two-
tor! Recky Logan, 31 months, haslin Oklahoma, | wit ‘tak “the oe it
been chosen poster girl, At birth, | Big ‘If’ To Schoolboy re Core action aimed at datory. for Yavapal Count
en'necky weighed 3 pounds 12{ James Lyman, 17, was placed o Vesccing “Ceneral - Stee} cand: tinier atory for hg se y
pencer. She now weighs in at alon probation in Order to finish) LONDON (U PT) — The Sunday vereat  Tndeetrss Ine of New superior Court Judge Jac Bg to
ha etrerbtry 3) pounds. Becky 14 thethiph schoot and make restitution! Times yesterday printed ® carport Cite to retindtohe atlepedi{ Sentence McGee to death. t
fe) daughter of Mr, and Mra Glen}on the small part of the money'toon showing two schoolhoy: yey MrGee'a attorneys, John H. A
|Logan lhe received from the burglary. (standing before a newspaper pos |. one neatly irice and William R, Preston, are 44
4 | he action " ng e
bl : y } si ‘ sean
i b needs $921 to buy the| Witeunbuiad iderdtied: 46. being be aes kK’ # Big Bomb le 46.000 paid the city to the twa basing their appeal on the claim see,
lien The campaign will con-ithe leader of the plan while Ly ny asKs ¢ er: Hharn for octecl reportedly par thar the judge failed to instruct the. aie '- *+°
tin, «u..-1 this amount Is raised.|man waited in the car for him. | “What are you going to be ifichased hy former City Pur hasing,!" iry on a confession used against * Se
a ee ee you grow up?” “Ine rent, Wall 1. Bray Jr. | McGee, cme 4
a ? rs tame , ROKLD PREM 02 RR

rivate Cars Rapped |

for cates that Show Low District 10| paid $19.34 in.J959-60 for private-
|paid more than’ $300 from 1956|vehicle fuel purchases by L. B
ito 1960 for private-vehicle feat Livingsonn Jr. and James R's

tes purchases by: Farmer, , : FIRST EDITION OF A CLASSIC

5] Principal Charles Whipple, Gil-
IGary Hatch, Philip Farr, Frankie| : ; ‘ .
att, Jow ‘Alvarado, Somebody, Man Loses Identity, Our two piece ombre shirtdress

lu- bert Brewer, Mrs. Gib Brewer, |
ck.|Farr,. Joe

who identified himself only as vs :
"|Jones, C. McNeil, Correne McNeil, Declares Scientist
“|Neola Mills, Treela Gilbert, Mrs.| TUCSON (AP)—Aa. Ohio State!
ing Sterling Rutledge, Boyd Hatch L.!University political scientist say;
of Tenney, Denny Ireland, Bob) man ig losing his sense o. identity !
ey. Adams, Olga Butler, Fernith in today's world. "
|Stack, and Given Johnson
Speaking at the Uaiversity of

ay| The examiner's report also cit-
ay tHe Show Low district for di- fas sons al wee Ur De
‘ed|veriing $486.68 in 1938 bond in-| é
alditere’t and redemption, funds to| ‘We have lost sight o: human §
oy other uses and for depositing bond beings. We don’t identify a man &
Yel- funds and forest land receipts injin terms of his humanity but in i
\bas¥s contrary to the method|terms of what he does and the’
lpreseribed for handling such|group to which he bslonzs é
4a mney. | “The result of this is that man.
| [akeside School District 16 was iloses his own sense of iCentit)

M-'cited in the report for paying off| |.
0011§173.28 in invoices bearing aliered| “The individual is iost in the »

en-

Se

art dates in 1968-59.. world of technological dines:
©) The examiner's report indicates| }pesseosssseesseseeteees sosperet”
” ho Sk tet |¢ e
4 Alchesay cl 7 pent howe i i GEN. ROBERT L
t| it ae.
did| ~~ ‘ ‘ Ay
% degg Writes |; 9 i
*| wuulwater Story |
vuuiwater tory |; y / Autographs i
STATE Republican Chatrman| His New Book {| q

in December, it was an-

rhe book, cle, “Bar| AX HOLE IN
THE SKY" |

te Skast Fe
al

i


*

are

| Pat McGee Deat

Plenty of Walking
On Javelina Hunt

THEY HAVE been buddies 15 years

The friendship started when Bob H ousholder was a
pitcher with a Phi oenix softball team, and Bill Close an-
nounced ‘em over radic

Housholder, as most anyone with a fishing rod, rifle

the state's finest sportsman.

or shotgun knows, Is one of
conscience,

But Close, a radio personality with a civic
had other interests

Nevetheless, we all fall victim to pe rsuasiveness and
charm, ‘and Close found himself charmed by Hous! hold-
er’s accounts of the thrills of hunung.

* said Housholder to Close after

2

“Javelina season's coming up,’
ene of the latter's sports shows. ‘‘Wanta go along?

Close had never fired anything much more powerful than a
BB gun, but he was game. °

“Sure.” he said. And thus the plans were made.

Housholder had two Pennsylvania men who had contracted to
be guided into javelina territory. They were to pay him for it;
Cloce'e tour was to be free. $o Bob took Bill to a range where he

, Orien W. Fifer Jr. Tuesonans

worried

‘Stricken
By Virus

By JAY BUNDY
Republic Tucson Bureau

TUCSON=A flu-type_ ill-
ness has struck hundreds of
Tucson residents. causing

concern among parents and
health officials.

“I can tell you there is
panic in this town,”
‘Frederick J. Brady, Pim
‘County health director, told

The Arizona Republic yes-
jterday.

“Our switchboards have been
constantly flooded Ww calis from
ciuzens B: a saic

An unidentified virus causing
illness has cut attendance o!
students and teachers heavily
at several Tucson schools

areas NT HONORED — Dr.

€sidc { the

1 >
\ }

_ Univers ty of Ari
rovernment

Republic Photo by Nvle Leatham
L. Nugent, second from left, vice
and chairman of the YMCA’'s state-
tee for 15 vears, was honored last

Robert

70na
saZUiia

com

ithey quit

|when asked why he resigned.

Bincsiasidd Says Defense Attorne

By WADE CAVANAUGH unable to reach state Atty. Gen physician. pronounced him off:- 1958 slaying of Ary J. Best Hofmann, reached just before . but the governor refused, say- reli said, adding
Republic Staff Writer Robert Pickrell in Washington cially dead at 5:03 a.m., 3 min- ! a retired Los aoeiee salesman. midnight Thursday, refused = ing he had no such authority but it was all he |
FLORENCE — “Pat McGee's Grace had appealed to Gov utes after the cyanide pellets | . once again to intervene and a
. OY | were dropped into a crock of The condemned man spent his) Pickrell finally was reached Prison officials
execution is the greatest mur- | Paul Fannin and the Rev. Wal- | “©7® Cropped into @ fixe of | jas: night playing cards with | ‘T@nU efforts were made to lo | 3 34 natsiediia® tn
der this state bas ever been 8 | ter Hofmann, chairman: of the | "eharic acid embedded in © / Fuber Murphy, one of the per- | St Pickrell, the third member Pi > ae eon 5 ee
ef . 7 hase ‘ * vides tas 5 : ; ; Arizona Republic reporter most remarkable
rty. to. ta eee concrete floor beneath the Sali: ges .. of the three-man board, in ;
party state board . mee saad — baoag sought to have ere E G a nae
This bitter charge was made paroles, Thursday night to seek McGee's sentence reduced to egies ee : gy eerie sothe
by Flagstaff attorney John a reprieve for McGee McGee. calm and patient, | life imprisonment The search for Pickrell high- ed he se, scape best ‘ ade
‘ . wot = ti ; minute effort on McGee's Denali regu He aske
Grace yesterday a few hours | McGee, clad in shorts and gazed shrengh the glass wees During the night, Grace fought lighted a day of efforts to save set eed: wduined of Di a
before McGee died in the gas | socks, walked unaided into the | tion at the Rev. Francis Mur- \.:antiy to save McGee after ite whe mi.
chamber at the Arizona State | any beaees vere co ed | phy. Catholic chaplain, who re ww.” Dick reversed his de peal for his life by Rep. Al “0 a
| shortly before 5 a.m. yesterday | .,, S ms : ' is yon — : : noes
Prison. | after consoling the guards who rie oe “rege ¥ the dying ' cision of last week and agreed Frantz, D-Maricopa. to the a
| ; “ as the lethal white fumes rose . aie eee a ‘
< A dramatic last-minute at- | prs a ee abx fs ond ae prey toa reprieve if another mem- | 4M zona House Prevwes OM
out the conder man
PAT McGEE tempt by Grace to save McGee aN ee oe | ber of the state pardons board Frantz sent a letter to Gov have t b
Executed By Gas ended in failure when he was | Dr. Saybert Hoot, prison McGee was executed for the | would agree Fannin urging him to intervene. | the state as th &
RE AERP i LT TN TO RS SERRE RPE Sie os EN LS OM Mi LRA AES
Husiness Finance Church News | 6 ®.
— THE STATES ensarest ot MEWSPAPER a aac)
Phoenix, Sat., March , 1963 IO Page 19 Y

In Disgust,
Say Deputy

By BILL KING
TWO MEN told legislative group y
state real estate department j
over the department's proceedings again:
Rancheros subdivision.

Attorney Edward I. Kennedy, former d
Real Estate Commissioner J. Fred Tall
the proceedings against the Mohave-Coun
as inconsistent, whimsical and capricious

“I decided I was not going to be a lege
this proceeding any longer,” Kennedy te
iminority bloc members of the Ari- ——
zona House of Representatives, joughly Re
|that he and Gri

The legislators are attempting! ;Scarcely a weel
lto determine if real estate law\department’s c
lchanges are needed as a result|M Mead Ranche os
of unfavorable national publicity} Departmental
jrevolving around Arizona land|that subdivision
promotions under real estate de-/only after uncor:

{partment jurisdiction. ‘ences to itin @

Robert M. Graham, another re-;°*_—Digest—at
signed Talley deputy. told the Arizona, Kenne
legislators yesterday that he also said. They said,
felt lke a “prostitute” when his Robert, served:
ence uthor of the ar

ere LS

to help the Lake Mead ® |
Rancheros case along to a prompt

@ y Be Laie AL Le Sash
'

: at the

McGRE Patrick Mey white,

e FINISH

Millard Greer, 45, charged with first
degree murder in the slaying of Police
Chief William Greene, 28, of Blowing
Rock, N.C., (Send Help—tI’m Dead, April

- INSIDE, 1963), and scheduled to go on
trial,.was permitted to plead guilty and
was sentenced to life imprisonment. Guilty
pleas also were accepted from Greer’s
three accomplices: Ralph Parsons, 23, for
second degree murder; his wife, Carolyn
Parsons, 20, and Millicent Hinson, 17,
both on manslaughter charges. Parsons
received a life sentence as well, and the
two women were to be sentenced at a

- later date. Chief Greene was fatally shot
in a gun battle with Greer, who was flee-
ing the scene of a burglary with the three
other suspects. The officer overtook their

car and gunfire was exchanged. Although
Chief Greene was badly hurt, he man- -

aged to give other officers the license
plate number of Greer’s car and descrip-
tions of the slayer and his cohorts. A

three-state search in North Carolina, Vir- ~

ginia and Tennessee, resulted in. Greer’s
capture.

Victor Feguer, convicted for the slay-
ing of Dr. Edward Bartels, 34, in July,
1960 (Dr. Bartels’ Phantom Patient,
October INSIDE, 1960), went to his death
on the gallows of the Iowa Penitentiary

Victor FEGUER
Asks ‘fruit of the tree of peace"

still claiming to be innocent. His last re-
quest—and his last meal—consisted of a
single olive, representing to him “fruit of

asphyxiated Arizona

Coconino) on Mar. 8, 1963.

FOUR PLEAD TO CHARGES IN POLICE CHIEF’S DEATH

e BLOOMFIELD SNIPER COMMITTED TO MENTAL INSTITUTION

GERMAN ‘‘CAPONE GANG” MEMBERS SENTENCED

the tree of peace.” Feguer was condemned
to die by a federal district court jury at
‘Waterloo, Iowa; for the abduction-murder
of Dr. Bartels,
_ Allegedly, he lured the doctor from his
home on the pretext of helping his “ailing
_w:fe” and then shot Bartels to obtain his
car. The physician’s body was found ten
days after his disappearance. Feguer was
apprehended in Birmingham, Ala., while
posing as Bartels and attempting ‘to sell
the doctor’s car. During his final days in
Death Row, Feguer wrote an article deal-
ing with rehabilitation of prisoners for
the prison magazine. He was the third
man to be executed on the Iowa gallows
in eight months.

Douglas Godfrey, 15, of Bloomfield
Township, Mich., has been ordered com-

-mitted to a mental institution in the ~

sniper slaying of his mother, Mary, 38, in
their home last January (Michigan’s
Shocking “Sniper” Slaying, May INSIDE,
1963). An Oakiand County judge said the

boy would continue to be treated legally -

as a child under Michigan’s juvenile code.

~The court will keep jurisdiction over
Douglas and “arrange treatment and con-
finement.” Three psychiatrists who ex-
amined the boy said he was suffering from
schizophrenia, a mental disorder charac-
terized by indifference, withdrawal, hallu-
cinations and delusions of persecution.
When the youth admitted to the slaying,
he ‘allegedly told police his mother “was
always ordering me around.”

Martin Kantner Jr., 15, of Argenta,
Ill., has been acquitted of murder charges
in the slaying of 80-year-old Mattie L.
Swick, who was beaten to death with a
rolling pin in her Argenta home last De-
-cember (Follow That Rumor, March,
INSIDE, 1963). The circuit court judge

who heard the trial without a jury ruled
the youth innocent and said that a state-
ment. the boy made regarding the slaying,
termed a “‘confession” by the prosecution,
didn’t jibe with the physical evidence in
the case. Young Kantner denied killing
Miss Swick and said he signed the state-
ment because he feared all law enforce-
ment officers. A psychiatrist testifying for
the defense said Kantner found the vic-
tim’s body and was shocked by it, and as
a result was highly susceptible to sugges-
tions from the police officers who obtained
his statement.

A group of German young people, who
patterned themselves after the American
Al Capone gang, has been sentenced for
the January, 1961, slaying of 49-year-old
Karl Wertz, a typesetter from Hassloch
(In the Shadow of Al Capone, May
INSIDE, 1963). Bernhard Kimmel, 25,
known as “Big Bang Capone,” was sen-
tenced to 14 years in prison. Lutz Cetto
was named by the others as the one who
fired the fatal shots, and was sentenced to

a Dubuque ‘physician. |

life imprisonment. Tilly Dohn, 19, Kim-
mel’s girlfriend, got a sentence of two
years and nine months, but probably will
be able to count time already served
against this sentence. Bruno Veit, a mer-
chant seaman, will serve a three-year pris-
on term. The group went on a rampage on
New Year’s Eve of 1960, setting a moun-
tain lodge on fire and, on their way down
the mountain, Wertz was fatally shot
as he tried to halt them.

Patrick Mahon McGee, 56, former bar-
ender in Winslow, Ariz., went to his
death in the gas chamber at Arizona State
Prison for the 1959 slaying of Ary J. Best,
66, retired Los Angeles salesman (Once
More With Tears, November INSIDE,
1959). The slaying took place on Highway
66, several miles outside of Flagstaff, Ariz.
McGee and his Sompanion, Millie Fain,

Patrick MAHon McGEE
His request: neatly pressed shorts

were having automobile trouble on the
highway, and Best, who was returning to
Los Angeles, offered them help. The vic-
tim was stabbed and robbed, and the pair
took off in his car. They were apprehended
shortly after in Los Angeles. Millie Fain
is now serving a 14-to-20-year sentence in
the Arizona State Women’s Prison. McGee
had five reprieves after coming to Death
Row three years ago. Since his conviction
in December, 1959, his case had aroused
much interest. His attorney had sought to
have McGee’s sentence commuted to life
without parole: Many other Flagstaff resi-
dents petitioned for McGee’s commuta-
tion. Immediately preceding his execution,
McGee said he had no ill feeling for any-
one, and thanked all the people who had
tried to help him. He made only one last
request: to have his shorts pressed before
the execution, explaining “I don’t want to
go in there looking like a bum before all
those witnesses.” Prison officials granted
the request.

2
~@

CTIVE

TEC

POTN T Te

DE DI

a)
aod

=
2

TWS
ae Te

sss SON tsb tsi tithe oe

re


McGEE, Patrick M., white, gassed AZ@ (Coéonino) March 8, 1963

BY AL CAMPBELL

*

‘| he Arizona sky was clear and so was U. S. Highway 66. Charles Estridge, a 62-year-old businessman of McMinnville,
Tennessee, drove into the sinking sun, some seven miles west of Flagstaff, Arizona. Estridge’s destination was Los Angeles,
California. And that was still a long, hard drive ahead. He decided to stop off and rest.

He'd been driving all day. He looked around, seeking a place where he could stop, stretch his legs and buy a bottle of
pop. On his right the lonely peaks of the San Francisco Mountains towered into the sky. On his left stood an expanse of
sand, juniper trees, scrub and pinon. A barbed-wire fence stood between the wild vegetation and the road.

Estridge decided not to wait. He pulled his car to the edge of the deserted highway, climbed out, straightening his
cramped: knees with relief. He glanced over the top of the fence casually and saw something which looked very much
like a man’s hat. Farther along, he saw something else. This second object resembled a man’s booted foot, protruding from
a clump of sagebrush,

Curious, the Tennessee businessman carefully parted the barbed-wire strands with his hands and climbed through
the fence. During his trip, the stark, rocky scenery of New Mexico and Arizona had awed him. But what he saw now awed
him even more. For Charles Estridge found himself staring incredulously at death.

The body which lay in the sage was that of a man approximately Estridge’s own age. The victim was in his shirt sleeves

The clues in this baffling murder mystery were as

shifting as the sands—they were elusive, hot and cold

2a

Supported b»
allegedly sta

and the s!
drenched
Stetson w
also blood
Estridg¢
know that
Estridge c:
with rathe
sprang intc
raced back
staff. The
a local
telephoned
County sh¢
Within
his deput
along wit!
lowed Est:
had found '
through th:
body. Wh
rather
lawmen
area
Within !
what we
It was

}

n

a worn f
with blo
dead ma!
bore the
Texas. T

Right, we
his mistr
being ret
insist the

THE BRUNETTE AND
THE GOOD SAMARITAN

(MD December, 1959)

On March 8, 1963, nearly four years
after the crime for which he was con-
victed, Patrick Mahon McGee, 55, was
executed in the gas chamber of the Ari-
zona State Prison at Florence. The State
exacted the death penalty for the rob-
bery-murder of Ary J. Best, 66, a retired
and partially crippled Los Angeles busi-
nessman, slain on July 30, 1959.

The body was found on July 3ist,
close to a highway near Flagstaff. Ap-
parently the victim had been stabbed
several times and left te die where he

io sees cere

fell. There was no wallet, no money,
nor identification on the body, but an
envelope found nearby was addressed
to Ary J. Best, and a brother identified
the body. Mr. Best, he said, was driving
back to Los Angeles after a visit in
Texas.

His car was found at a service sta-
tion. The manager described the couple
who parked it there and took a train to
Pasadena. They were arrested when
the train arrived in Pasadena, and
identified as Patrick Mahon McGee, a
former prize fighter, and his common-
law wife Millie Fain. Both confessed to
the slaying, but McGee asserted it was
in self-defense. Their car had stalled,
McGee said, and Best stopped and of-
fered help. Then, said McGee, Best
attacked him and attempted to attack
his wife.

Since Mr. Best was so crippled with
arthritis that he could hardly walk,
even with crutches, the jury did not buy
that story. On December 18, 1959, it
found Patrick McGee guilty and de-
creed for him the first death sentence
in Coconino County in nearly 40 years.
McGee’s common-law wife was sen-
tenced to 14 to 20 years for her part in
the robbery-murder.

Appeals provided McGee with four
more years of life before he paid the
penalty for taking the life of the kindly
motorist who had stopped to help trav-
elers in distress.

LATEST REPORTS ON
CASES PUBLISHED IN MD

Sandra Holderfield

in a Jackson parking lot was registered
to Kenneth M. Slyter, employed at a
pest control plant. Slyter was not at his
job, or at his home. On April 25th, he
was arrested in a Jackson hospital,
where he had been taken after swallow-
ing a pest repellent in a suicide attempt.

Recovering after treatment, he con-
essed that instead of taking the pretty
choolgirl to a supposed baby-sitting

ob, he had driven directly to the se-

MURDER TRAP FOR
THE BABY SITTER

(MD September, 1962)

In the gas chamber of the Mississippi
State Penitentiary at Parchman, on
March 29, 1963, Kenneth M. Slyter, 26,
was executed for the April 21, 1962,
murder of a 15-year-old schoolgirl, San-
dra Holderfield, of Jackson.

On that April day, in answer to a
telephone call, Sandra agreed to serve
as babysitter until 11 p.m. for a man
who said he would pick her up at 7 p.m.
When she failed to return home at the
expected hour, her family immediately
began a search for her.

Her body was found next day, Easter
Sunday morning, in a secluded lane 12
miles north of Jackson. Her arms, legs
and ribs were fractured. Apparently a
car had been run over her body.

A bloodstained car found on Monday

cluded lane. There he attacked her with
a tire iron, then ran his car over her
body when she fell to the road.

Slyter went to trial in Madison County
Circuit Court in Canton, Mississippi, be-
fore Circuit Judge Leon Hendrick, on
September 24, 1962. On September 26th,
the jury found him guilty, with no
recommendation for mercy. Judge Hend-
rick sentenced him to die on November
9, 1962, but appeals delayed his execu-
tion until March 29, 1963, when he
finally kept his date with death.

THE MOST INNOCENT BYSTANDER

(MD February, 1961)

“In the national interest,” on April
21, 1963, four pro-Castro Cuban prison-
ers in the United States were released
and returned by air to Havana, as
part of a trade for 21 American prison-
ers released on that date by Castro.

Three of the Cubans were held in
federal prisons on sabotage charges.
On the motion of U.S. Attorney Vincent
Broderick, Federal Judge Thomas F.
Croake dismissed all charges against
the three.

The fourth man released was Fran-
cisco Molina Del Rio, serving a sentence
of 20 years to life for second-degree
murder. The slaying for which he was
sentenced occurred on September 21,
1960, in a crowded New York City
restaurant. A brawl between pro- and
anti-Castro Cubans broke out and shots
were fired. One bullet struck and fa-
tally injured a 9-year-old girl who was
Junching in the restaurant with her
parents, visitors here from Venezuela.

Identified as the man who had fired
the shots, Molina was arrested on
October 14, 1960. On April 17, 1961,
he was convicted of second-degree
murder, and on June 30th, in General
Sessions Court, he was sentenced by
Judge Mitchell D. Schweitzer to the
mandatory prison term of 20 years to
life.

Acting upon a formal request from
the U.S. Department of Justice, after
consultation with the parole board New
York Governor Rockefeller released
Molina, on condition that he “be de-
ported forthwith and never reenter the
United States.”

DEATH STALKED THE
MIDWEST TEACHER

(MD March, 1963)

At 16, Donald Eugene Taylor is serv-
ing a life sentence at the Ohio Peniten-
tiary in Columbus for the murder of
Miss Honore Thompson, teacher of so-
cial and interpretive dancing at the
Springfield, Ohio, YWCA.

The crime was discovered the eve-
ning of last October Ist, when friends
came to Miss Thompson's home to pick
her up for a dinner date. Her body,
fully clothed except for her shoes, lay
on her bedroom floor. All the gas jets
on the kitchen stove were turned on
and the house was filled with escaping
gas. It might have looked like suicide,
except that her purse had been emptied
and greasy fingerprints were found in
the bedroom.

The fingerprints were identified as
those of Donald Taylor, who worked
at the filling station a short distance
from Miss Thompson’s home. Ques-
tioned, Donald finally admitted he had
entered the house through a window,
with the intention of raping the dancing
teacher. When she struggled and
screamed, he suffocated her with a pil-
low from the bed, then turned on the
gas in the kitchen. Then he emptied
her purse and fled.

Donald’s attorneys waived a jury
trial and put him “at the mercy of the
court.” Brought before a_ three-judge
court presided over by Judge B. J.
Goldman, he was found guilty of the
robbery-murder. On February 25, 1963,
Judge Goldman sentenced Donald Eu-
gene Taylor to life imprisonment.

KNOWLEDGE

THAT HAS
ENDURED WITH THE
PYRAMIDS

A SECRET METHOD FOR
THE MASTERY OF LIFE

HENCE came the knowledge that built the Pyramids and the
W nictiy Temples of the Pharaohs? Civilization began in the

Nile Valley centuries ago. Where did its first builders ac-
quire their astounding wisdom that started man on his upward
climb? Beginning with naught they overcame nature's forces and
gave the world its first sciences and arts. Did their knowledge come
from a race now submerged beneath the sea, or were they touched
with Infinite inspiration? From what concealed source came the
wisdom that produced such characters as Amenhotep IV, Leonardo
da Vinci, Isaac Newton, and a host of others?
Today it is known that they discovered and learned to interpret
certain Secret Methods for the development of their inner power of
mind. They learned to command the inner forces within their own
beings, and to master life. This secret art of living has been pre-
served and handed down throughout the ages. Today it is extended
to those who dare to use its profound principles to meet and solve
the problems of life in these complex times.

This Sealed Book — FREE

Has life brought you that personal satisfaction, the sense of achievement and
happiness that you desire? If not, it is your duty to yourself to learn about
this rational method of applying natural laws for the mastery of life. To the
thoughtful person it is obvious that everyone cannot be entrusted with an
intimate knowledge of the mysteries of life, for everyone is not capable of
ate sgge using it. But if you are one of those possessed of a true desire to
forge ahead and wish to make use of the subtle influences of life, the
Rosicrucians (not a religious organization) will send you a Sealed Book of
explanation without obligation. This Sealed Book tells how you, in the
privacy of your own home, without interference with your personal affairs
or manner of living, may receive these secret teachings. Not weird or strange
practices, but a rational y gpanevee of the basic laws of life. To obtain your
complimentary copy use the coupon below or address Scribe 1.X.M,

dhe ROSICRUCIANS

SAN JOSE (AMORC) CALIFORNIA

Scribe: H.X.M. (AMORC) Use this
The Rosicrucians
San Jose, California coupon for

Please send free copy of Sealed Book, which FREE
I shall read as directe copy of book
— AMENHOTEP IV
Addr FOUNDER OF EGYPT'S
City MYSTERY SCHOOLS

MBXNAEMNY MEK RM

ydse Saqtum S*W yoTaqed SaqDOW

VY pezer

BuczZT A


FS

74

standably restless, they checked further
on the local perambulations of the wanted
couple. Bartenders at the Corner and Sul-
tana bars remembered them well. At the
first tavern, when the barman refused to
serve him without a shirt, the big fellow
had gone out and bought a gay flowered
sports shirt.

The pair had spent the late afternoon
and evening drinking whiskey and beer.
They were in a hilarious mood, as though
celebrating some big occasion. The hefty
stranger—“a real gorilla,” one barman de-
scribed him—gave the impression of hav-
ing plenty of money and tossing it around
freely, though he didn’t actually spend
very much. .

“She called him Pat, and he called her
Millie,” one of the bartenders told the
sheriff. “They were strangers in town, but
they said they’d been here before. They
didn’t say where they came from, but they
sure talked about where they were going.
The big bruiser kept saying they had to
catch El Capitan for Los Angeles at 10:47
p.m. He asked me to be sure and remind
him of the time. The woman said she’d
always wanted to ride first-class on that
train. Both of them were really rolling
when they finally took off for the station
in a cab, about 10:30.”

When Sheriff Richardson phoned his
Flagstaff office, he learned that additional
information had just come in, completing
the picture. The Colorado motor vehicle
department reported that the battered old
Chevy coupe was registered to Patrick
Mahon McGee, with an address in La
Puente, California.

“Well, it sounds like Pat and Millie
really lived it up while they had a chance,”
the sheriff observed. “They must have
been pretty well hung over this morning.
They’re due for a big surprise—in fact,
they’ve had it already, if everything’s gone
okay at the Los Angeles end.”

It had. Lieutenant Zander called back a
few minutes after 9 a.M., to report that the
fugitive pair was safely in custody. Further,
they had admitted killing a man, whose
name they didn’t even know, beside Route
66 in Arizona.

Los Angeles Detective Sergeants Pierce
R. Brooks, Jerry Greeley and Fred Mich-
ell had sped over the freeway to suburban
Pasadena, El Capitan’s last stop before
Los Angeles, thus giving themselves time
to go through the crowded streamliner be-
fore it reached the metropolitan terminal.
They had no difficulty in spotting their
quarry. The hung-over, hollow-eyed, un-
kempt couple, who fitted the Arizona
sheriff’s graphic description in every way,
were sprawled half-asleep in luxury lounge
seats on the upper level. They looked very
much out of place. They registered shocked
amazement when the detectives put the
arm on them, but they made no resistance.

Taken off the train in handcuffs at Un-
ion Station, the two were brought down
to police headquarters, along with their
12 express packages, which turned out to
include Ary Best’s luggage as well as their
own.

The disconsolate pair identified them-
selves as Patrick Mahon McGee, age 52,
of Los Angeles, and his common-law wife,
Millie Neil Fain, 43, originally from Mid-
dletown, Ohio. They were initerant farm
workers, and had been following the crops
west in their old Chevy.

Pat McGee, holding his round bronzed
head between his heavy hands, made a full
confession to the Los Angeles homicide
officers. His story was that he had killed
Ary Best in a blind rage when the elderly
man “made a pass at Millie,” and that he
had robbed him as an afterthought. The
killing had taken place Friday morning,
at the spot where the body was found.

“We were on our way to California,”
McGee related. “We had transmission trou-

ble. We were stopped alongside the road,
drinking some wine we had, and this old
guy came along. He stopped and offered
us a push. We got talking and I gave him
a drink from our wine bottle. He said,
‘I’ve got a bottle of whiskey in the cooler
of my car. Why don’t you go get it?’

“His car was parked up the road a ways.
I walked up and got the whiskey. Mean-
while, my wife had gone off into the
woods beside the road, and suddenly I
heard her holler.

“I pulled out my hunting knife and got
over there fast. This guy was struggling
with her and she was screaming, trying
to fight him off. I guess I saw red. The
guy turned on me, and I stabbed him
once in front and twice in the back when
he spun around. He started to groan, so I
got him a couple of times more while he
was on the ground, to put him out of his
suffering.

“T took his wallet out of his pocket, and
took a $100 bill and two $50 bills from
it. It wasn’t a pretty picture,” the confessed
killer wound up.

Questioned separately, Millie Fain told
a similar story. “We’d been having car
trouble and this guy stopped and gave us
a push,” she said. “Then his car heated up
and we stopped again.

“I went down a little way from the
road, into the trees, and the first thing I
knew, the guy came after me and tried
to attack me. He was hitting me. Pat came

December issue of

Now on sale
at all newsstands

running up, tried to pull him off, and the
guy got a rock,

“Pat took out his hunting knife and
they had a fight. I don’t know just what
happened then. We just left him there. I
didn’t know he was dead. We took the
baggage out of our car and put it in his,
and we started driving. Pat told me the
guy had $60 on him.”

That was the couple’s sordid story, which
the homicide men didn’t necessarily be-
lieve in full. Pat McGee still had $120 in
his pocket when he was booked at the Los
Angeles jail. Gaunt, graying Millie Fain,
who had a tattoo on her left arm reading,
“Bob Loves Millie,” admitted she had a
lengthy record as a prostitute around the
Rocky Mountain states. She had met McGee
at Longmont, Colorado, in September, 1958,
she said, and they had teamed up and
traveled as man and wife since then.

The slain California businessman’s two
brothers, Daniel and Lewis Best, arrived
in Flagstaff Sunday to make formal iden-
tification of his body. They ridiculed the

- story told by the sullen itinerant pair. Ary

Best had suffered from a severe case of
arthritis, his brothers told the sheriff. One
hip was so badly crippled that he couldn’t
bend over, and could hardly walk without
a cane or crutches. The brothers scoffed
at the idea that Ary could have climbed
unaided through the barbed-wire highway
fence, and Said it was fantastic to think
of his chasing a woman and trying to at-

tack her. They noted their frail 66-year-
old brother weighed only 140 pounds, and
couldn’t possibly have put up a fight
against the big, muscular bruiser, who
tipped the scales at 235.

Loose ends of the investigation were
swiftly wrapped up. Deputies learned that
Pat McGee, as a young man, had boxed
professionally in California under the
name “Kayo Mahoney,” and later had lived
for some years in Winslow, Arizona, 60
miles east of Flagstaff, where he had
worked for the Santa Fe and had been
part owner of a bar and poolroom, before
he started drifting. Sheriff Richardson now
recalled that he had known the big fellow
slightly during Pat’s Winslow days..

Investigation developed that Pat and
Millie had visited Winslow on Thursday,
July 30th, the day before the murder, and
McGee had tried to borrow money from
his old friends there. Despite his plea that
he and his “wife” were flat broke and
desperate for money to get to California,
he succeeded in raising only $5. Friday
morning he bought 33 cents worth of gaso-
line at Two Guns trading post, between
Winslow and Flagstaff. Time of the slaying
was further pinpointed when deputies
learned Ary Best had stopped for gas at
Twin Arrows, a few miles east of the
murder scene, at 9:30 Friday morning. A
crew scoured the highway ditches for Mc-
Gee’s bloody shirt, Best’s wallet or other
physical evidence, but found nothing.

Convinced that the crippled motorist had
been slain in cold blood, with robbery as
the motive, when he stopped to help the
stalled and desperate couple on that lonely
stretch of road, Coconino County Attorney
Laurance T. Wren issued a formal com-
plaint charging Pat McGee and his hag-
gard consort jointly with first-degree mur-
der. The sordid pair glumly agreed to
waive extradition proceedings, and Under-
sheriff Cole and his wife returned them
to Flagstaff by automobile.

McGee preserved an icy calm under
grilling by the Arizona lawmen. He clung
doggedly to his story that he had slain
the elderly Good Samaritan in “self-de-
fense” and defense of his “wife’s honor.”
He blamed liquor for his troubles, ac-
knowledging that he probably would not
have killed Best if he hadn’t been drunk,
McGee refused to go with officers to the
murder scene for a reenactment. Millie
Fain agreed to go. Calm up to that point,
she broke into a fit of hysterical weeping
when she saw the dark patch of blood
that still stained the earth under the juni-
per tree.

Millie displayed marked coolness toward
her burly lover when they were brought
together in the county attorney’s office.
“How are you feeling, Millie?” Pat asked
her tentatively.

“Real bad, thanks to you,” the hard-
faced brunette snapped.

Ary Best, a veteran of World War I,
was buried in Flagstaff Cemetery under
the auspices of the local American Legion
post. Arraigned in justice court on the
murder charge, Pat McGee and Millie
Fain waived preliminary hearing and were
bound over to superior court without. bail.
Investigation continued. Millie agreed to
submit to a lie detector test, results of
which were not immediately announced by
the polygraph experts.

Superior Judge H. L. Russell appointed
two Flagstaff, attorneys to defend the pen-
niless pair, and they were arraigned in
superior court on August 17th. The county
attorney indicated he would demand the
death penalty for McGee, and a life term
for the woman. The exact degree of the
unsavory couple’s guilt and punishment
remains to be determined in court. Should
McGee be given the extreme penalty, it
would be the first death sentence in Coco-
nino County in nearly 40 years. $¢@

Philadel
Murderi

the hallway into

women, looked

saw Czupirczuk -
changed to horr:
window!” Mrs.

dazed women. St}
phoned the polic:
the dining room.
helping the panics ,
out of the dining
to safety. Other
to help, too.

Mrs. Gerhart sz
and Galer spraw!
the porch. Durin
irczuk was reload
toward the two
opened fire again
ran out onto the
liceman.

In his native
Czupircezuk shout«
Bolsheviks try to
self!” He ran bac
at an upstairs w
barrage with bot!
ing at random at

In their bedroo
able to flee, cov
or on the floors.
the plaster walls

Along the stree
trians sought co
Police cars spe
Street and slamm
guns drawn jump
them to cover w
gunman darted f
three-story brick
one window then

Expert police
with more than <
trolmen and dete
but the berserk ¢
charmed li

The polic
Although |
he and his wite
front apartment.
innocent families.
the Czupirczuks.
not to kill the i

In a second-flo:
Hunderunk and |
the gunshots. Mr:
month-old Dimitr
behind a bed. He:
and Christine, 3, t
another bed and

Mrs. Ann Mocz:
of her first-floor

In another firs:
Koreckyl, his wife
sons, James, 16,
behind furniture ;
the gunshots fro
swering shots fro

Czupirezuk app:
shouted “I kill C:
his pistol down t!
scurrying behind
buildings. Police
answering shots,
peared at anothe
a blast with the :
Patrolman Alf:

other policemen :
the house. They ¢
at. With guns |
Czupirezuk to sh
of the stairway.
shooting from a


.

said. “And your

1 in blank aston-
osterous blunder!”
and I are entirely
lember, we even

ct suspicion from
finished for him.
c at that. But you
—the handle of a

ne that evening,
arrested. She told
1 to the country
t a riding horse.
ad were taken to
Geneva.

< the Bauers de-
y knew anything
April 11th, after
»stioning, Richard
tly and confessed
‘ather-in-law. He
ly with the mur-

ied to shield his
f their financial
ted to shield her
alone am guilty
Geisser,” he told
perate for money,
my wife and I
». She is entirely
nowledge of my
not believe that

- tieve Bauer.
s wife knew
in Marseilles

ucd to furnish

relieved that, for
e Bauer squan-
arned money, she
and the dreadful

te continued to
.e murder. Then
ie admitted that
da’s plan to kill
id not believe he
t. She said that
w he was guilty
ise she felt that
and by her hus-

( dim view of
elieved that she
her father mur-
1 permit her to
‘ckless spending.
i Josette Bauer
eder. Provisional
1d both she and
in jail to await

is from her life
routine proved
> made two at-
ating her head
cell. Then she
ist, on June 2nd,
hospital, where
atric treatment.
will ever stand
murder of her
1 depend on the
3.
| of murdering
complete inno-
cell in Saint

oo4

E:
Margot Gau-
story, are
rsons con-
veen given
‘t their identi-

The Brunette and

the Good
Samaritan

(Continued from page 37)

The call was from the police desk ser-
geant at Williams, the old railroading,
lumber and livestock center and gateway
to the Grand Canyon, on the Sante Fe
main line 32 miles west of Flagstaff, on
the other side of the Arizona Divide. A
Williams patrolman had just spotted the
hunted Plymouth, parked beside the home
of Bill Massey, a highway service station
attendant. The police had it staked out,
awaiting instructions from the sheriff.

Richardson and his aides hightailed it
over the big divide to Williams, hitting the
red light and siren and reaching there in
just over half an hour. Bill Massey was
just coming out of his house, on his way
to work, as they pulled up in front.. The
sheriff and police knew Massey as a hard-
working, honest, thoroughly responsible
man. He readily told them about the Cali-
fornia Plymouth.

“T thought there was something funny
about that car,” Massey said, “and I was
going to call you fellows this morning and
check up, but you got here first. This husky,
tough-looking guy, without a shirt, drove
the Plymouth into the station about 2:30
yesterday afternoon. There was a woman
with him, a skinny brunette. They said
they wanted to store the car for a couple
of weeks.

“What struck me as funny, was that the
fellow wanted to know if I could put the
car somewhere out of sight. He didn’t want
to leave it parked at the station on the
highway. I figured he was afraid of some
finance company repossessing it, or may-
be he and the brunette were dodging his
wife. But it was no skin off my nose, and
the guy offered to pay in advance. So I told
him I'd be glad to park it at my own place
here, and that was fine with him.”

“So that was 2:30 yesterday afternoon,
Friday, eh, Bill?” The sheriff frowned.
“They've got a good start on us, then. Do
you know where they went from your
station? How did they leave?”

Richardson didn’t really expect the gas
station man to be able to supply further
helpful information. But as it turned out,
the Coconino sheriff was still playing in
luck. The murder trail was hot, and it
stayed hot.

“Why, they called a taxi, Sheriff,” Massey
said. “I was just going to tell you. Joe’s
cab—you fellows know him. They took
about a dozen pieces of luggage out of
the Plymouth, three or four suitcases and
some cardboard cartons and other stuff,
and put them in the cab. Joe helped them.
It was quite a chore, transferring all that
stuff. Joe can tell you where he took the
couple.”

The service station attendant supplied a
detailed description of the unsavory-look-
ing pair. The bronzed, shirtless man was
about 50 years old, close to 6 feet tall and
weighing at least 225 pounds. He was
built like a bull or a bear. He could have
been a wrestler. He had receding brown
hair, heavy dark brows and a habitual
scowl. The woman looked to be about the
same age. She was a little shorter than the
man, slender and spindly, but wiry. Her
short black hair was stringy and unkempt.
She was sunburned and weather beaten,
like her companion, and her face was lined
and seamed. She had some sort of tattoo
on one arm. She was shabbily dressed.
Massey had the impression the couple had

been drinking. They had acted befuddled.

“That could be,” the sheriff assented.
“That would explain how they: left so wide
a trail. Though they’d still be in the clear,
we wouldn’t even be looking for them, if
that man from Tennessee hadn’t happened
to stop yesterday right where he did, and
find the body. Let’s hope these people
haven’t heard _about it yet.”

There was no clue to be found in the:
Plymouth sedan, which held no personal *

articles at all, .except a few dogeared
papers in the glove compartment, confirm-
ing that it belonged to Ary J. Best of Los
Angeles. Then the sheriff and: his deputies
contacted Joe, the Williams cab driver.

“Sure, I remember those two, Sheriff,”
the cabbie said. “The big fellow gave me
a fat tip, but I still didn’t like him. He was
tough and surly.”

“Where did you take them?” Richardson
pressed impatiently.

“Why, first I drove them over to the
Santa Fe station, and they shipped off those
suitcases and packages of theirs, all the
stuff they took out of the car. Then they
had me drop them at the Corner Bar, down-
town here. That was about 3:30 yesterday
afternoon, and that was the last I saw of
them.”

The sheriff and his deputies sped across
town to the Santa Fe railway depot. The
startled ticket seller readily remembered
the man and woman. “That’s right,” he
told Richardson. “They expressed 12 pack-
ages, luggage and cartons, to Los Angeles,
to be called for at Union Station there.
Here are the receipts—let’s see—yes, the
big fellow gave his name as McGee. Then
they bought two tickets to Los Angeles on
El Capitan, leaving here at 10:47 last night.
I remember the big fellow pulled a roll: of
bills from his pants pocket and peeled off
the money. He put the tickets in his pocket
and said they’d be back in plenty of time.
I wasn’t here last night, but I guess they

“got on okay. The tickets weren't turned

back.” ;

El Capitan is Santa Fe’s luxury, all-
chair-car, extra-fare, daily- Chicago-Los
Angeles streamliner. The fleeing pair were
traveling in style.

Sheriff Richardson looked hastily at his
watch. “What time does -El Capitan get
into Los Angeles?”

“Eight o’clock in the morning.”

The sheriff's face fell. It’s a few minutes
past 8 a.m. now. We’ve just missed them.
Too late for Los Angeles to catch them at
the depot—” Then, looking at the big clock
on the station wall, the Flagstaff sheriff
exclaimed, “Hey, wait a minute! That
would be eight o’clock Coast time, and
we’re on Mountain time. Trains run on
standard time. And they’re on Daylight
Saving out there—”

He grabbed ‘a pencil and did some swift
calculating, muttering to himself, while
his deputies craned over his shoulder.
“Check me if I’m right on this. Allowing
for the time differences, it’s still only a
few minutes after 7 out on the Coast, rail-
road time, even though it’s after 8 by their
regular city clocks. Am I right?”

“That’s right, Sheriff.”

“Then we've still got a chance! They’re
still on that train. Let me at that phone—”

Sheriff Richardson grabbed the desk
phone and put in an emergency call to
the central homicide bureau of the Los
Angeles police department. Lieutenant
Herman Zander had just come on duty.
In a few swift words the Arizona sheriff
sketched the situation and described “Mc-
Gee” and his shabby woman friend.

“We're practically on our way, Sheriff,”
the big city homicide lieutenant assured
him. ‘‘We’ll catch El Capitan at Pasadena.
We've just got time.”

Lieutenant Zander promised to call Rich-
ardson back at the Williams police station.
While the Arizona officers waited, under-

MARRIED HAPPINESS CAN LAST
FOREVER WITH THESE

SEX

FACTS
for
adults
only

by
Dr. J. Rutgers

70 Simply Written Frank Chapters for All Ages!

Readers of this all-complete book (one of the larg-
est on married sex practice) have learned so much
more than they thought possible! Practically ev-
ery type of married sex problem and every age is
individdatty treated. Shows how to carry out the
detailed instructions. Experience the supreme sat-

isfaction of a lonzer, hanpier married sex life and
abolish the dangers of wrong sex notions. 150,000
illuminating words hel» establish the necessary
desired cooperation between husband and wife.
One of the most up-to-date books. the latest im-
rovements. methods. etc.. that should be known.
his treasure is yours now for only $2.98 (orig-
inally $6.00).

Partial Contents of
“Ideal Sex Life”

Modern methods of sex hy-
giene—for male and female
sex organs.

eLatest discoveries for. im-
proving sexual practice.

Role of husband and wife in
intercourse.

Reactions of man and woman
compared.

The perfect sex act.

e Step by step plan for wedding
night and honeymoon,

«Avoiding harmful mistakes of
newlyweds and older married
couples.

e “Rejuvenation treatments” for
increasing sex potency of man
and woman.

«What causes the sexual urge.

eSex attraction and art of
courtship for woman, man.

«Modern art of mutual satis-
faction.

«Natural birth control.
e Foreign sex practices.
Attaining Pregnancy.

Ideal techniques and methods
for satisfactory sex act.

« Overcoming frigidity in women.

ePreventing dangers of chil-
dren's sex life

© Art of love for different ages
and types of men and women.

eAdvice for aged married
people.

Attaining the greatest satis-
faction in sex life.

04 kinds of sexual satisfac-
tion,

«Avoiding too much or too
little intercourse.

« Overcome physica! hindrances
for ideal sex practice.

«Avoiding dangerous sex rela-
tions.

 Degeneracy facts of sex.

oThe male and female sex
organs,

«Strengthening man’s virility
and sex contro! towards ideal
mutual climax.

« Importance of caresses, em-
braces for ideal sex life.

lays, I-can return
funded. I am over 21.

a ———
“F oicTURE STORIES
OF THE SEX ure
4 AN wo WOM AN

FREE Picture Book

317 Illustrations
With order of ‘‘The Ideal
Sex Life’’. we give you
FREE ‘'Picture Stories of
the Sex Life of Man and
Woman.** 317 illustrations
with detailed explanations
of the sexual side of the
human body,

¢ Natural birth control
charts.

° Facts to know on
bridal night

¢ Sex organs illustrated
and explained.

«Women’s change of
life, menstruation.

© Calendar showing days
of Fertility—Sterility,

eHow sex system of
man and woman works,

e The structure of fe-
male breasts.

¢ Pictures how pregnan-
cy takes place.

© How sex vitality is pro-
duced in man, woman,

e Unusual cases, and
hundreds more...

- If not satisfied within 5
books and money will be re-

NMC... cceeeccccccssssenccccsssessececes
AAGPOSS. .o cece cccscccccecccsccssssccccecss

GI: e sisstiviaey RN's 6s os DOUMRBS Uses Dessccce.

( ) Check here if you desire to save delivery costs
y enclosing only $2.98 with coupon under same
money back guarantee. Canada, NoC.0.0. Send $3.59
linen tleiataietilel Att kk tht

* Sources of disease.

eSex act regarding change of
life, pregnancy.

The problem of self-satis-
faction.

Sexual Case Histories.
eHow to treat abnormal cases.

eArt of choosing a mate for
ideal married sex life.

ePlus many more enlighten-
ing chapters—every one in
simple frank words.

Read Both Books Without Buying

VALA PUBLISHING CO., Dept. S-182
220 Fifth Avenue, New York 1, N. Y.

Mail me ‘‘THE IDEAL SEX LIFE” jo-plaio wrap-
Ri marked mereenal: with FREE GIFT
ALUE COMPLETE), I

plus postage on deliver:

($7.00
will pay postman $2.98

ai)

28

- meet Perr 7 .

Companion of ruthless killer (arm outstretched) points to spot under scrub where slain man fell. Sheriff Richardson (white hat) watches.

ETHAL PAY-OFF

* SHIRTLESS DRIVERS are hardly uncommon under Arizona’s pitiless July sun—

especially when behind the wheel of a closed car. Nevertheless State Highway Patrol-

man Harry Wilson made a mental note of the middle-aged, beetle-browed, bare-

shouldered man piloting the tan 1958 Plymouth sedan through East Flagstaff on

U. S. Highway 66. He also noted, for possible future reference, that the sedan was

pushing a dilapidated, 12-year-old coupe steered by a thin, sunken-cheeked woman:
with stringy black hair.

This ‘was just before noon on Friday, July 31st, 1959.

The next person to engrave a picture of the bare-torsoed, gorilla-like character on his
mind was a bartender in the Corner saloon in Williams, Arizona, about 32 miles west
of Flagstaff on U. S. 66. He looked up as the huge man and the emaciated, nervous
woman entered. :

“Hey, partner,” the barkeep greeted in a friendly tone, “sorry, but we only serve
customers with their shirts on.”

The burly character grinned. “Okay, okay,” he said. “I lost mine in a poker game

POLICE FILES

“Good Sam
asked the ;
if they nee
cold steel f

by H. H. |

Hulking, bestial n
stance as he is qu

back the road a

“Couple doo
head to indicate

“Can my gir
Stranger asked.

The bartende:
Two minutes la
sports shirt in «

“Couple of dc
he boomed, bar

The barkeep
pretext that it v
asked.

“Until that v
night,” the stra
toss. His femal
facility.

The strange }
POLICE FILES


hee Oke a
sae s eae ayo
: Seem ES

= i Mey Say RS

SE oe <

Se” " :

oy Se ee, mae ee ig ee ee

‘leming (alias"William) Parker came to-Arizona in the
early 1880s from Bakersfieid, California. He and George
C. Ruffner worked together on the Double O Ranch in
Chino Valley for awhile. The two men’s ambitions were as
different as their appearance: short, dapper Parker
admitted that whiskey, women, and no work was his aim;
while tall, rugged Ruffner allowed as how he wanted to
own the finest horse in the territory and make something
of himself. Later, the two men went their separate
ways with no idea that their paths would cross again under
very different circumstances.

Parker was an expert with horses and his services were
in great demand in Northern Arizona. He eventually was
able to save a little money and bought a small string of
horses, which was like money in your boot to a cowboy.
Then: one day, all Fleming’s luck seemed to leave him.

Two of his horses were run over and killed by a train.

—

When the railroad offered an insultingly low settlement, -

Parker decided to settle the claim his way, by robbing that
same train. On February 7, 1897, Parker and three
accomplices boarded the train at Peach Springs and took
$100.00 in registered mail. One of the outlaws was shot
and killed during the hold-up. Parker'and the other two
men were captured eight days later by. Sheriff George
C. Ruffner.

The men were taken to Prescott and awaited trial in the
county jail. On May 9, Parker and two other prisoners,
L. C. Miller and Cornelio Sarata, escaped. The turn-key
was overpowered and knocked unconscious. The three
took a shot gun from the Sheriff’s office and during the
getaway, Parker shot and killed Lee Norris, the deputy
district attorney. The outlaws ran to Ruffner’s livery
(where City Hall now stands) and demanded three saddle
horses, including Sure Shot, Ruffner’s prize while gelding.

TheSheriff was investigating a cattle rustling when the
jail break and shooting occurred. When he heard of the
break, he commandered a train at Congress and
““high-bailed”’ up the tracks to Prescott. Soon after their
escape, Miller was captured in Chino Valley by the
sheriff's posse but Sarata eluded them and was never
seen or heard of again. Ruffner continued following
Parker’s trail. Parker knew the seriousness of his
crime and in order to confuse his trackers, he reversed
Sure Shot’s horse shoes. The animal eventually went
lame and Parker, a lover of horses, turned the big, white
gelding loose rather than ride him until he dropped.

From:
Melissa

Look Out for

Train Robber and Witderei:

31000 REWARD

For the Arrest and Conviction of

FLEMING PARKER

Who escaped from County Jail at Prescort, Arizona,-on or about May 13, 1So7. In making
his escape he shot and mortally wounded the Deputy District Attorney.

DESCRIPTION.

Fleming Parker, alias William Parker, is now about 31 years of age; 5 feet 744 inches

high; weighs 16s Ibs.; light grey eyes; brown hair; size of foot 6% inches; teeth in fair :

condition ; high, full forehead; round features; straight nose; small mouth: round chin;
vacine mark on left forearm; mole back of neck; sear on left side of head. Usually wears
his hat on back of his head; is a cowboy by occupation, and a native of Tulare Cozaty.
His picture as given hereon is a perfect likeness of him. He has served a term of five years
in San Quentin for burglary. When jast heard of he was heading for Nevada or Utah; had
a repeating rifle with him. He was artested for attempting to rob the A. & P. R.R. traia at
Peach Springs, Arizona, and was being held for trial in the Prescott Jail when he escszed.
His partner Jim, alias Harry Williams of Utah, was killed at the time of the attempted
robbery. There is no doubt of his conviction if captured. If arrested telegraph Sherif
Ruffner, Prescott, Arizona, or the undersigned.

J. N. THACKER,
Srectat Orricer, Weis, Farco & Co.,

SAN Francisco, May 18, 1897. SAN FRANCISCO e
>

PRESCOIT'S YESTERDAYS, by

Ruffner

bern

ey Ssupumety Suqyuvd

NARI TIM ec.

c
al

@ pesu

4

aud

9:

shane

S
ea et ee eperineney

¢
ae

18 clare ce
v1


ow «2M. -

aman fh.

fi

On May 28, nineteen days after the jail break, Ruffner
captured Parker north, of Flagstaff. Public opinion had
been inclined towards Parker when the railroad would not
settle fairly with him and it fit their idea of frontier justice
when Parker robbed the train of $100.00. It is probable he
would have received a light sentence for his part in the
train robbery. However, Fleming Parker sealed his own
fate when he murdered a popular and respected citizen.

Lee Norris’ friends were agitated and Ruffner suspected
they might try to lynch Parker. Two hyndred angry men
waited at the Prescott depot. Ruffner, not wishing to lose
his prisoner to the mob, got off the train just outside of
town and delivered Parker safely to jail in a closed
carriage. When the mob discovered that Ruffner already
had Parker behind bars, they marched to the Courthouse
and demanded the outlaw. Holding a shot gun, Ruffner
calmly told them that they were not taking his prisoner
because the man deserved a fair trial, not a necktie party.
The crowd respected Ruffner’s ideals as well as his aim
and so they dispersed.

Fleming Parker’s trial began on June 15, 1897. Three
days later he was found guilty of killing Norris, and
sentenced to hang. After many appeals, the sentence was
carried out on June 3, 1898, at 7:30 a.m. The night before
the hanging, Ruffner spent some time in Parker’s cell. At
1:30 a.m., George asked Fleming what he wanted for his
last meal. Parker said he wasn’t hungry, but sure would
like to see ‘‘Flossie,’’ a redheaded girl he knew from
Whiskey Row. His request was granted and she was
brought to the cell for an hour’s visit. Parker had
requested that Ruffner do the hanging himself so
Parker could ‘‘cash in’’ at the hands of a real man.

As dawn announced the morning of the execution,
Ruffner realized he had overlooked sending out invitations
to the witnesses, who were required by law to attend the
hanging. Since there was not enough time to draw up
invitations, the Sheriff sent out a playing card to each of
the witnesses; only those with cards from the deck of his
pattern were admitted to the gallows yard.

Fleming Parker was 31 years old when he walked those
last thirteen steps up the scaffold and suffered the full
penalty of the law. Sheriff Ruffner performed the hanging,
as Parker had requested. While the outlaw’s life was
obscure and of little historical importance, his death has
been remembered because he was the last white man to be
hanged on the Courthouse plaza.

er ee

igs 4 a8
Fr Acar hk pk ME ah WEN aS SRA Tegcemistnbiaes

Fleming Parker hanging


» Pi
ar

wa
fed

'
PAVE OA
WG tes

oe

LC)

S
aS
»

~S

aS
x
‘

George C. Ruffner, cowboy, freighter, and frontier
sheriff, was a man typical of the old West. He came to
Arizona in 1882 at the age of twenty-one and found work as
a cowboy on a ranch outside of Mayer. By 1886, he owned

a spread on Big Bug Creek and had registered his first .

brand, the tackhammer. Five years later he opened a
freight line between Ashfork and Jerome. _

Ruffner became deputy sheriff of Yavapai County in
1893 and the next year was elected sheriff. He was a
rugged individualist, respected by all for his fearlessness
and fair play. A typical example is his handling of the
Bugger Bennett case. Bennett had a grudge against a
local doctor and one night shot him. But, instead of killing
the doctor, as Bennett believed, the man was unhurt
because his large gold pocket watch had deflected the
bullet. Ruffner went into the Bradshaws without a weapon
and when he caught up with Bennett, coolly talked the man
into giving himself up. When Bennett learned the charge
was assault, not murder, he agreed to return to Prescott.

Ruffner proved he not only had grit but cleverness and
an understanding of human. nature when he went after
Lark Pierce, a robber of some renown. He trailed Pierce
for over a week and seemed right behind him all the while,
but could never quite lay hands on him. When Ruffner
finally tapped Pierce on the shoulder, the outlaw was quite
surprised. Pierce was‘on the look-out for a lawman riding
fast and hard. Instead, the Sheriff was walking beside his
horse, masquerading as a prospector. It was incidents like
these that led a local paper to declare ‘‘He possesses
nerves of steel, utmost calm in moments of danger, and his
name has become a terror to the outlaws and
toughs that infest the territory.”’

The Sheriff had a sense of duty, but he also had a sense
of humor. During Prohibition, he arrested bootleggers
only when public opinion demanded it. When things got to
the point where he had to go out and look for
illegal liquor, Ruffner put two horses in his home-made
horse trailer and pulled it around the Plaza with his Buick.
He figured three or four times around would enforce the
law, for moonshiners made themselves scarce when they
saw the Sheriff taking his horses around the square. If he
did find a still, he would pour the whiskey out onto the
ground; George hated to do this, but it was the law.

George C. Ruffner was Arizona’s oidest peace oificer,

both in age and years of service, when he died in July, ©

1933, at the age of 71. Ruffner was elected to the Hall
of Great Westerners at the Cowboy Hall of Fame in
Oklahoma City, in 1961. He was the first man chosen

te represent Arizona.

fe
Uy, p-

A

Fd ;
vr VPN 4

L

APA

|

y.
oe

CE

gid

FT Pyare:

ry
En

@
aah:
“ fede “ict pe

ed,

yan ine


ES : :
Pea ae Re a I ee a a

° a e
a = >) QP me ® 1. eager ~ A ” oad ty =
* PARKER, Jim,— hanced-at-Preseostt, Arizona, on June 3; 1898.
BY . ;
. <
( June
2IYS
Arizona

While attempting to apprehend a cattle poacher, a deputy,
white male 45 years of age, of the Yavapai County, Arizona, Sheriff's
Office, was shot and killed. The victim officer and his partner pursued
a pick-up truck occupied by two subjects suspected of poaching cattle in
the area. The truck stopped and one subject, a white male 30 years of
age, fled down an embankment and into a wooded ravine. The officers
initiated a search for the subject, located him, and ordered him to sur-
render. The subject fired one shot from a seven millimeter rifle and fatally Ub Ny €

+ | wounded the deputy in the chest. The subject escaped and as apprehended
the following day. He was subsequently convicted and sentenced to life _— > 3

os
aad

imprisonment. Weerty * "Gee roe &. Mew Vvryv¥ew

had ae mane

mae eee Sow “ape etnies bt

1918 deputy sheriff and former sheri

de riff James Lowr

Benno ne Hernandez who was killed by a local Perites or the
$2500 reward. S: 97 they came to jerome

12-20-1885, Deputy Sheriff John M. Murphy, serve mesdemeanor

warrant, (theft) , shot in back, Dec 23, of tendon Dilda’ caught,

Dec 50 convicted, rec death, 12-31 sent to death, Feb 5, 1886
9

he was hung in public.

. 3 fe Fie dl Deputy Sheriff (Jailer) Lee. Norris
r gun, offender Jim Parker recaptured on May 26, tried
9

on June 15,16&17, convi
Ag Younis RS ie a Hung on June 3, 1898. Source:

as te ~ ee. . - ¥
neem
ee PG a em a eT
el te eS _—

cB eT et iN
ao Onis sonia a

» eScape from.


22

re

rl

LON Ne Stay aplenty oo ach sete
ee eee
Pies ES Sty Se are

>
*
i

= Baber was in the act of getting the cigarettes when the robber pulled out a

“pistol and demanded money. The merchant opened one of the drawers of the

5 “ay +5, .

4

> “gash register and told the man to help himself. The bandit scooped all the

 woney out of that drawer and then marched Mr. Baber back to the office

ae Then, apparently without any provocation, he shot Mr. Baber in the left

3 shoulder. (Mrs. Rundle says that the bullet struck her father in the hard

*. \.eollar of his shirt then coursed downward into his shoulder.) Then, when

Ws: the Mexican turned to leave the store by the side door he shot Mr. Baber a

=" -gecond time. The bullet pierced the left side of his chest just above the

Hc

heart. Baber then fell to the floor and his assailant made his exit through

the side door.
There were two, and possibly three, of the bandits. Another was

oe wetbe 0 De te Oo ages
SERA EMA oe gaye
Rie Bib Le

stationed across Mill Avenue in front of the Tempe National Bank, and there

Beeyy

$

“. may have been a third one outside and in front of the store.
The newspapers both reported that it was the bandit in front of the bank

:* who shot and killed the ten-year-old boy, August Hintze, who was walking on

the sidewalk in front of the Baber-Jones store with his father, Ernest Hintze.
“(The newspapers variously reported the boy as Ernest and August Hintze or
“Beintse but Mrs. Rundle, a0 ws a echoolmate of the boy, remembers his given
Snane as August.) 2 # 5t ee. Gas ee Mogh ts.

=i Tempe Night Seven Wilton Spangler was reportedly standing in front

‘when he heard the shots and a woman screaming. He ran across the street and

“gas apparently rounding the left front corner of the store when he was shot

?4n the abdomen by one of the bandits.

Mini ANAT
‘, ———

p GRovnN UP IN TEMPE, 1909-1929, by Wiyaess [Coman| and Lawrence Gases)

es, \ — tll

= Chapter 7
oo Law Enforcement in Early Tempe
By When I was a boy and the population was around 2,000 to 3,000 souls

are Oe
4"

E Tempe probably never had any more than three police officers employed at one

cs TASS HeLa
pet Pil:

a
4

“time. I remember such men as Mack Browning, Night Marshal Milton Spangler,

Sa res
oh ones
f

“* Constables Cummins and Gregg, A. N. Smith, and later Jack Nolte and Motor-
cycle Officer Leonce "Frenchy" Navarre. Frenchy rode a four-cylinder Hender-

‘gon motorcycle. Then, of course, there was Ralph McDonald whose greatest

ee claim to fame was his capture of the notorious Lawrence brothers.

"Buzzard" Smith

One of the most colorful of the early officers was A. N. Smith, referred

4 + Pir

to behind his back as "Buzzard" Smith. He was so nicknamed because of the

“os dee habe bea
TEet 3g eu :

fact that he had previously been an undertaker.
We were well acquainted with the Smiths who lived in the 900 block of

3 Van Ness Avenue and were members of the Christian Church which we attended.
and Mrs. Smith was apparently a well educated woman and she pronounced words like
--> @ echoolmarm. She always said "cawnt" for can't and "bawth" for bath.

I recall one occasion when I was in the Smith home and Mrs. Smith, for
some reason or OChAEs was helping me to memorize Wordsworth's sonnet "The
© World Is Too Much With Us" which contains the line:

"Great God, I'd rather be suckled in a creed outworn."

 Marshal.Saith feigned great indignation that his good wife was teaching me
In the course of that evening Mrs. Saith reminded her inisband that 1%
was tine for him to take his “bavth." He said, "I don't want no dawm bawth"
oe want a bath.” ,

One time Smith showed me a picture of a cadaver which he had processed

: : - 7 °c Woks
Segoe UOT TNPe, 1907-7437 1 io, CN

; pn > co \
Rw, VUovit lam }.} YAN ALF: 5 \4@ ci rola h : sll OAT

al

when he was an undertaker. He insisted that the corpse was none other than
» John Wilkes Booth. He argued that it was not Booth who was shot to death

Bo an Garrett's barr, |

On another occasion Smith tone my sling-shot away from me because I

vas shooting at birds in his neighborhood. I never quite forgave him for
“that. Fred Gabbard and I were experts in the art of making "nigger shooters"

- and the loss of a good one made with a choice mesquite crotch was a serious

ag ee j g.

The Killings at Baber-—Jones Grocery
, I doubt that the citizens of Tempe have ever been so stirred up by any
Re wurders before or after the murders at the Baber-Jones Grocery on January 11,
Pe 1921, I was only 11 years old at that time but I still have a very clear
recollection of the event and the excitement attending it.

In recalling the tragedy I have compared notes with two other Tempe *
Be _ residents, Virginia Baber Rundle and Carl Spain both’ of whom have good reasons
for remembering it. Mrs. Rundle is Mr. Baber's daughter and the Spain family
lived in the house just east of the store.

I have also researched the pages of the Arizona Republican and the Tempe
News both of which had banner headlines concerning the crimes and the sub-
sequent apprehension of the murderers. I found that their reports were, in
Bowe respects, somewhat at variance with my memory of the event.

a The robbery ond coe occurred shortly after the store was closed
for business at 6:00 pm. —.

Se did moat of the  bodkse ding and was stendlay in’ an.aiele
eee a cash register in the front of the store checking the day's receipts
34. when a Mexican man entered the store by the unlocked side door on Sixth

. - Semeat He walked up to Mr. Baber and asked if he could buy some cigarettes.

0 \

Tewrr “unis LRPARY

The newspapers both reported that the bandit in front of the bank also
~ shot Spangler and was shooting with a high-powered rifle. It is my recol-

tention, however, that the eet cer was shot by the man who had just shot

3

2 Baber and who had just left the store by the side door. That bandit was,

$%.

Sts ‘of course, shooting ina westerly direction as was evidenced by the bullet

Ve tiet tuekic. anitiyts ne

es
AN - cae es kis
y eee

ie Baya
eee

_ hole left in the front of the bank.

- 2

The Hintze boy died a few minutes after he was shot, while his father

Lae age
+ * ° ees Me bs

vend a woman witness, Mrs. Gertrude Kinney, were attempting to give him first
Sata, The Tempe News reported that the boy was shot in the groin but the

- Arizona Republican stated that the bullet pierced his heart. It would seen
= that the Republican's statement was more accurate.

After Mr. Baber was shot he was able to crawl to the telephone and call

i his wife who rushed to the scene. He and Mr. Spangler were taken in an

. ambulance to St. Josephs Hospital in Phoenix where the officer died about

i> - "aoe 4%
d Po ie Tes wee © ye Be den : iy
PPM aS ges MBA HY oS Ae aE RS
ets BLS. Fo Aes Si in BS Se
Pray ge. Ms ans 4 te a eer
‘ re oo heen :

oe et: a
we

'. an hour after arriving at the hospital.
It was at first believed that Mr. Baber's injuries might be fatal

but he made a rapid recovery and was up and about a few weeks later.

Seer ar net Re mt .
See ap

Mr. Spangler was survived by his wife and six children. It was one of

the boys, big powerful Ray, who saved me from drowning in the Salt River a

Mae dnc arp

wi

year or two after his father was killed.

Sih

The Republican reported mat the front of the grocery store ‘bore the

geo of at least ten bullets, one of which crashed through the plate glass

ae ieindow ecu the seem a Ae cate |

co. ghey babdite made good their escape the night of the killings but then
‘became the objects of the greatest man hunt the town of Tempe had ever known.
“My uncle, Cecil Windes, was a member of one of the posses and a noted Indian

tracker was enlisted to assist in the search for the murderers.

mond F
. for FREE Puameaen

. ieee eee
SEND NO MONEY Jpt=i)

: Bay’ postman 44 4ie fang postawe—or end 49¢ wi
* inch en sent ‘D

tects

SIMULATED

MEN'S DIAMOND
RING

SEND NO MONEY

As long as our supply lasts
you may obtain one of
handsome simulated

for only $1. The

these
diamond rings

stone is Hashingly AY approximately
l-carat = and is net am the HEAVY

costing many times more.
borhood to own a *
simulated diamond ring.
like a million. SEND NO MON-
EY. Just send us name and ad-
dress, and ring Bike. any post-
man §) plus f tor

GUARANTEE!
Wear ring 10 days,
if not pleased re-
turn and get your.

money bac send cush wit eo r we
postage. Order now,
: HAREM CO.
30 Church St. Dept. Z203 New York

ees CLOTHES

fiat Me “ :
ee a OME! aims nes
a

WHY WEAR
DIAMONDS?

When Diamond - Dassling Blue - White
genuine Zircons [rom the Miner of far-
awav Mvetie Siam are so effective end

ond seal. re Thrilling benuties that
wt af cut glass and ate full of dia-

{ Exquisite mountings! Write
Address:

NATIONAL ZIRCON CO.,
Dept. 22, Wheeling, W. Va.

8 MILE RANGE—WIDE VISION

BINOCULARS

15 Days’ Free Trial $4. 75

Postpaid or C.O.D.

Comes complete with case and straps. Well ground powerful

fens. Kastly focused for all distances and eye widths, Latest
features. Ideal all-weather binoculars. oe’ if net
satisfied after 16 days’ trial, money refund t

Vogue Binocular Co., 7758 So. Halstead, pling errr Chicago

' ’
sere plitabie Frofession
je e"m@ in OO days at Home
eyes (5 * Earnings of Men and Women in the fascinat-
. 4, ing profession of Swedish Massage run as
f je) igh as $40 to 70 per week but many pre-

fer to open thelr own offices, Large incomes
from Doctors, hospitals, sanitariume and
private patiernta come to those who
qualify through our training. The
Army and avy need hundreds
trained in massage. Write for
; Anatomy Charts and booklet—
they're FR

THE Detlann cm Swedish Massage
30 &. Adams &St., Dpt. 818, Chicago

sr

‘ANY PHOTO ENLARGED

8 Size 8x10 inches c

or smaller if Pg wine
Same
or bus form, troup . °
ae etlatgemunnte

3 for $1.00

grapatet, fany size) and receive promptly pour

OW.

ia
lus pon
y. pasties a tA
STANDA' 1D ART STUDIOS
100 East Ohio Street ept.622-W CHICAGO, KLINOIS

ae

sheriff's ofice and we want to ask Miss
Cileaaon some quenthonas

It was Vlorence who answered, "I giicas
it’s all right. Won't you come inside?”

Roach and Walker followed the two
girls into a spacious living room, Betty
Gleason seated herself on a corhfortable
divan, leaned forward, and smiled at the
two deputies. “What is it you want to
know ?”

“About that dress.
the money to buy it?”

The blond crossed her knees and smoothed
the folds of the long skirt over her shapely
legs. “Really, do you think that's any of
your business?”

“We can’t force you to tell us,’ Roach
admitted. “But last Monday night some-

Where did you get

‘body killed Charles Goade out here on the

Jesert. The motive for that murder was
robbery.- ~, That dress you are wearing cost

a lot of money. You've kept its purchase
a secret from your parents, so we, know
they didn’t give you the money for it. You
live at home and you don’t work.”

“But I'm sure my dress has nothing to
do with the murder of Mr. Goade.”

“Red Simmons gave you $80 to buy that
dress, didn't he?”

“No, be didn't.”

“We don't care why he gave it to you.
That's your affair, If he’s innocent, you
won't harm him by talking now.”

“Well, if you must know, a man did
give me the money to buy it. [I admired
it in the window.”

“Who was it?”

“My boy friend, Jack Odom.”

|
DOM, THE RANCH HAND with
the weak heart—the man whose heart
attack had provided a mass alibi. But the
gate keeper had said Betty’s boy friend was
red headed. Then it dawned on Roach.
Qdom’s sandy thatch could be called red.
Simmons was in the clear!
“Thank you, Miss Gleason,” Roach said.
“J hope I haven't caused Jack any
trouble.”

“It won't matter if he is ‘innocent,” the
officer promised. “If he’s guilty, you
wouldn’t want to protect him anyway.”

“No,” the girl admitted, “but I hope you

won't let him know I told you unless you

have to.”

Roach and Walker said goodnight to the
girls, and drove through the sleeping coun-
tryside to the Bradley ranch. The first
faint streaks of dawn were -lighting the
eastern sky as they pounded on the door
of Jird Long’s home. A moment. later
the sleepy foreman opened the door. When
he recognized his callers, he snapped on
the lights. “What's up?”

“Jack Odom killed Goade,”
nounced,

“But what about his heart attack?”

“Kvidently faked. At least he spent $80
to buy his girl friend a fancy dress.”

“Kighty bucks,” the foreman ec hoed,
“That's more than a month’s salary.”

“What can you tell us about Odom ?”

“Not much, I’m afraid. He's been here
about two years. Comes from Denton,
Texas. Always been a good worker and
never given any trouble.”

Long accompanied the two deputies. to
Odom’s cabin. Walker covered the back
door, while Roach went to the front. Long
rapped sharply and called Odom’s name.

In a moment Odom's voice responded,
“What do. you want, Jird?”

“There's some friends of yours here.
Come on out.”

The door opened and Odom stepped out.
When he recognized Roach he hesitated.
“What do you want?”

“We want you for the murder of Charley
Goade.”

“You must be rn How could I have
done it? You heard what Red Simmons

Roach = an-

and those other fellows said {”

Koweh stepped inwide the ¢abin and”
swiiched on the lights, "Get your clothes
on. We didn't come to argue.”

Odom appealed to the ranch foreman.
“You going to let them get away with :
this, Jird?”

“It's none of my affair.”

Odom was locked in a. solitary hold ’
tank in the county jail on top of the court-
house in Phoenix. Roach notified Sheriff
Merrill of the arrest, then put through a”.
long distance telephone call to the author-
ities in Denton, Texas.

Jack Odom was well known to the po-
lice at Denton, He had been convicted ~~~
there of robbery and had served a short -
sentence. Furthermore, he’d been a cham- ©
pion long distance runner in school and he |
still held the record for the 12-mile cross-

country race.

A long distance runner.... That
solved the mystery. Odom = must have
planned his crime carefully, killed the old
man, snatched the treasure from his shirt
pocket, and raced back to camp. Then he’d
faked the heart attack to establish the —
alibi which had at first thrown the officers
off the trail. Late Sunday afternoon Odom.
was brought down from jail to the office <*,
of John W. Corbin, Maricopa County At-
torney. Odom was. defiant and cocky,
“The cops guessed wrong this time,” he ©
told Corbin. “I’ve got four fellas who'll :
swear | was in camp from 9:25 on.”

Roach and Merrill watched the prisoner ..
swagger up and down protesting his inno- <)~
cence. Finally Roach said, ‘Talking isn’t
going to do you any good, Jack. Unless
you can tell us where you got that $80 to
buy Betty Gleason a new dress.”

Odom’s air of bravado slipped away. “If
she told you-that, she’s lying. Do you
think I'd waste 80 bucks on a twist?”

“Four $20 bills, Jack. Four of the twen-,
tics you took out of Charley Goade’s to-
bacco sack. How does it seem to kill a
man? Remember how he looked before
you hit him, sleeping there in the cotton?
Never harmed you, did he, Jack?”

“T swear [ didn’t kill him.”

“You hit him with a fire grate, Jack.
You know it and we know it, Betty will
tell a jury you gave her that money, The
jury will be smart enough to guess why,
and it won't do Betty any good.”

Odom stared at Roach. “You wouldn't
do that, would you?”

“That’s just what we're going to do.”

“Okay, [ killed him. ll tell the judge
[ did it, only you keep Betty out of this.”

Corbin summoned a court reporter and
Odom made a complete confession. He
told where he'd buried the grate, but he *-
refused to say what he'd done with the rest -
of the money. ‘

On October 22, Jack Odom pleaded 7
guilty to a charge of first degree murder.
Three days later Superior Court Judge E.
G. Frazier sentenced the husky ranch hand
to die in the state's lethal gas chamber.

On January 14, 1938, Jack Odom entered
the tiny glass-walled cubicle in the inner | +
compound of the state prison at Florence.
They strapped him in a chair. A stetho-
scope was taped to his chest. The door
was sealed and a handful of cyanide pellets
dropped into a jar of sulphuric acid solu-<
tion beneath the chair.

Nine minutes later, Jack Odom was dead.

’

lor obvious reasons, the name “Betty
Gleason,, as used in this narrative, is- not: "
actual but fictitious —Epiror.

\

"I'm not eating steak these days," says
Mr. Smith of America, “but | find | (can:
still get plenty of War Bonds!\’

INSIDE DETECTIVE

e

COUNTY ATTORNEY JOHN CORBIN—he brought the
killer before the bar of justice, and the result was a
sentence to Arizona's dreaded lethal gas chamber.

vents. It should be a simple matter to locate and question
he men who had been present the night Goade displayed his
wealth. ~

“Better look around here a little before we go back,” Merrill
uggested,

The interior of the little house under the trees was neat
nd clean. . The officers found Goade’s clothes and his pros-
-pecting outfit stored in a lean-to closet.
‘disturbed.
= Roach discovered some extra tobacco, three dollars in silver,
i “some clean shirts and underclothes, and a packet of letters.
The letters were all addressed to Charles Goade in care of
.Bradley. ranch. About half of them were signed “Sis”—
he others, “Charles.”

“He’s got a sister living in Phoenix and a son in California,”
») Long volunteered.

e Walker was left to guard the body while Roach, Long and
Merrill started the long walk back to the main ranch house,
It was 11:30 on the morning of October 13, 1937. News of

* > men arrived at the field quarters they found a crowd of silent,
~sober-faced ranchers assembled. J. G. Goodman, justice of
i the peace and acting coroner, was busy empaneling a jury

o view the remains.

~» Dr. James E. Drane, Maricopa County physician, who had
arrived with the coroner, fixed the time of death as between

P.M. and midnight the previous evening.

- “What about those stains on his face and arms?” Roach
sked. rY

“They appear to be grease or soot,” the doctor answered.

“1 can’t say definitely until we get laboratory reports.”

=. Goade’s tbody was removed to a mortuary in Buckeye and
* Merrill, Roach, and Walker began checking Long’s story of

the argument at the bunk house.

Two of the ranch hands, Tommy Harden and Kent Newell,
verified Long's account. They told Merrill that‘ Red Simmons,
Bob Barnett, Jack Odom, Millard Watson and Nick Vaughn
had been present the night Goade displayed his wealth.
~ Merrill wrote down the names. Seven in all, including
“Harden and Newell.

- “The argument didn’t amount to much,” Newell said. “We
all took a hand at riding the old man. But he stopped us

“Robbery
“And the

Merrill asked Long to call the men together.
'seenis the most logical motive,” he told the foreman.
killer must have known Goade had money.’

as “VM tell them to report to*you at the “bunk house,” Long

Nothing appeared.
In the drawer of a marble-topped washstand,.

“the brutal murder had spread quickly and when the three |

promised, “But id hate to think any of my boys had a hand

wy thas

As the men filed in, Merrill drew them to one. side, took 3
their names, and questioned them about their activities the © i
previous evening, ie

Newell and Watson, both stilddle- aged family men, told

They'd been playing cards with their wives an
Their game had started about 8 and.

the same story,
at Watson's home.
ended after midnight.
The next man to enter the bunk house was a. tall, lean,
red-headed youngster identified by Long as Red Simmons, *
“Where were you last night, Red?” Merrill asked. —
“What time last night? You don't think 1. killed the. old
man, do you?” »,
“Tust tell us what you did from 8 o’clock on.’ j
“After supper ] went in town to cash my check. Y éstetday
‘was payday.”
The ranch foreman nodded confirmation of this. Se
“I got home about 8,” Simmons continued. “Bob Bar- <s5_
nett and I worked on my saddle. We started to turn in abouts e
9:30. I had my pants off when I heard Jack yelling for help.” »
“Who’s Jack?”
“Jack Odom. He was having a heart attack. I stayed with! “
him while Bob went to Perryville to get some medicine. Tom coe

+

over and waited swith me.
4 o'clock this morning.”
Roach and Merrill exchanged glances.
“Kinda late for a sick man, wasn’t it?” Roach asked.
“Jack got better and wanted us to Stay.’ “A
Bob Barnett, Simmons’ roommate, told substantially the <=
same story. The medicine Odom had sent him for was brandy, =
“After Jack got to feeling better.” Barnett explained, “we 7”
went over to the store and got some whisky. That’s why we’
stayed so late.” 4
Odom, a strapping six-footer with sandy hair and blue”
eyes, didn’t look like an invalid. He said his heart trouble -
was a chronic condition and verified the stories told by/
Simmons and Barnett.
“What time did your heart attack start: ?” Roach asked.
“About 9:20. The 9:15’ radio news hadn’t been on more
than five minutes when I| realized I was in for it. I went
to the door and called Red and Bob.”
Nick Vaughn and his friend Harden fixed the time of .<
their arrival at Odom’s cabin at 9:25, Barnett had already =
gone for brandy and Simmons was with Odom. is. Ags
The men were allowed to return to their duties and Roach = —
checked with Mrs. Newell and Mrs. Watson. Both women ©
verified their husbands’ statements. co
Seven men and seven suspects, all with apparently un-”
breakable alibis. But Roach was far from satisfied. Sima
mons’ attitude, when questioned, had been defiant. Odom

“Jack Odom’s heart attack was a mighty convenient thing,”
Roach observed, when he joined the others. E

“It was at that,” Merrill agreed. “Does he have they,
often, Jird?”

“Tf he does, I never heard about it.
missed a day’s work because of it.”

AD HUSKY JACK ODOM been faking? Was there some’
sinister explanation for a pretended iHness? If that heart

attack had not been genuine, what had been Odom’s  pur-'
pose? To provide an alibi for himself.zz one of this com= oe
panions ? _

“Where’s Odom working this afternoon,
asked

“I think he’s
horses.”

Odom looked up from his forge when the officers entered, :
then went on about his business, shaping a heavy iron shoe.’

“We forgot to ask the name of your doctor,” Roach said.

“Oh, is that all?” Odom wiped the perspiration from his:
brow and took an engraved card from his shirt pocket. “Here’ Se
his name. He’s in the Professional Building.” s

Roach pocketed the card and turned away. It seemed jj.”
peculiar that a man who had just recovered from a heart ee
attack should be doing such heavy work.

When they were outside, Roach handed the card to Merrill.
“At least we can check on this part of his story.”

The three weary officers returned (Continued on page 50),

Jird 2?” Mecrill Be

down at the blacksmith’s shop shoeing som


ing the background of the five suspects.
vey accumulated a mass of barbershop
gossip but none of it led them any nearer
to the killer of Charles Goade. Deputies
covering the ranch reported that all five
men had gone about their tasks as usual.

Just before 6 o’clock Saturday night,
Roach and Walker left the Sheriff's office
and headed for the big community dance
hall in Perryville. They'd learned that
most of the men on the Bradley ranch at-
tended the weekly dances. Tonight the
killer would have his first chance to spend
his loot.

The dance hall was a huge frame struc-
ture with a spacious screen porch at the
rear. There was a raised platform for
the orchestra opposite the main entrance.
The two deputies made a tour of the
building, then settled down in a darkened
corner near the front door. From here

_ they could observe everyone who entered.

“What do you hope to find?” Walker
_ asked.

“Your guess is as good as mine. De-
pends on who comes and what they do
after they get here: We'll have to figure it
out as we go along.”

The two deputies didn’t have: long to

wait. The orchestra arrived at 7:30 and
at 8 the front door opened and the crowd
poured in. There were cowbo s in high-
heeled boots and big hats, squiring pretty
suntanned girls from the ranches nearby.
Farmers in ill-fitting store clothes, busi-
ness men from Buckeye and Perryville.

The music was good and the dancing
was enthusiastic. Most of the men had
bottles on their hips and the bar was
crowded,

At 8:10, Deputy Roach jabbed an elbow
in Walker’s ribs and nodded toward the
door. Bob Barnett, Red Simmons, and
Jack Odom were just entering. Odom and
Barnett had girls; Simmons was alone.
The quintet headed for the bar.

“Drift over there and see what goes
on,” Roach suggested.

Deputy Walker had been gone less than
ten minutes when Jird Long came in with
_ the Newells and the Watsons. That left
= - only Tom Harden and Nick Vaughn un-

“accounted for. Were Vaughn and Harden
somewhere. spending the proceeds’ of
murder ?

Walker came back. “I got close enough
to hear them talking,” he said. “Someone
asked Simmons: what happened to Betty
and he said. she’d be along. The bar-
tender’s going to let me know if anyone
tries to cash a $20 bill.”

Roach nodded and the two officers re-
sumed their silent vigil.

Twenty minutes later, Roach saw three .

gifls without -escorts enter the hall. Two
of the girls were attractive, modestly
dressed youngsters, but the third girl
would have attracted attention anywhere.
Tall and slender with platinum blond hair,
undeniably beautiful, she was wearing a
formal evening dress. without back or
sleeves or shoulder straps. The subdued
light caressed her bare shoulders and as
she started to cross the floor, a man in. the
. stag line whistled softly.
’ The girl was fully aware of the sensa-
tion she was creating. Her red lips parted
in a smile as she walked across the floor.
Roach stepped up to the man at the gate.
“Who's the blond?”
The ticket taker grinned. “You haven't
got a chance, brother. Her boy friend’s
re.”
_ Roach smiled good naturedly and took
another tack. “Some class to that babe.”
“She's pretty, all right. Look at that
dress! I never saw an outfit like that
© before. All the, other dames here will be
~ green with envy.’
* . “Who is she?”
“Betty Gleason.,. Her folks live north

Tyee ae eee ee ma’,

a ways, Good people, but Betty's a peppery
handful,”

“Is she going steady with someone?”

The gateman nodded. “That red-headed
fellow who works for Bradley.”

The blond was standing near the or-
chestra platform, completely surrounded by
a crowd of eager young mert.

HY HAD BETTY GLEASON chosen

this particular evening to shock the
natives with that daring evening gown?
Could there be any connection between it
and the murder of Charles Goade? The
gate keeper had said her boy friend was
red-headed and worked for Bradley. That
must mean Red Simmons. Simmons had
come without a girl and, from the con-
versation overheard by Walker, he’d ap-
parently been expecting someone later.

“Roach wouldn’t have given the girl’s
appearance a second thought had this been
any one of half a dozen night spots in
Phoenix, but that dress was out of place
in these rural surroundings.

The puzzled deputy walked slowly back
to where Walker was waiting. “What do
you make of the blond?”

“Must have an itch to be conspicuous.
Probably a new dress and this is her first
chance to show it off.”

“Keep an eye on her.
dances with.”

“Why? You figuring on cutting in?”

“Maybe.” Roach pushed his way through
the crowd toward the rear veranda. If the
dress was significant, it wouldn’t do to
frighten the girl. After all, he was only
guessing and he might be miles wide of the
mark.

On the veranda, Deputy Roach dropped
into a chair beside a pleasant-faced youth
in levis and cowboy boots, and began to
talk’ in low urgent tones.

After a moment the boy nodded and
stood up.

Roach walked inside with him and
pointed out the two girls who'd entered
the hall with the blond. “I’ll wait for you
out here,” he said.

Ten minutes later the youth returned,
flushed with excitement.
about it,” he announced. “Betty bought
the dress at Korrick’s in Phoenix two days
ago. Florence, the girl I danced with,
says Betty was afraid to take’ it home.
She kept it at Flo’s house and went over
there to get dressed tonight.”

Roach thanked him. “Don’t say anything
about this to anyone.”

Three minutes later Roach was in a tele-
phone booth talking to the manager of
Korrick’s dress department. The woman
remembered blond Betty Gleason. “The
dress was $70. She paid for it with four
$20 bills. The dress was one of our most
daring models and when she told me she
was going to wear it to a dance in Perry-
ville, I was a little shocked.”

Where did Betty Gleason get four $20
bills? Why had she wanted to keep the
purchase of the dress a secret from her
parents ?

Roach located Deputy Walker and re-
lated what he had learned.

“Well, what
Walker demanded.
“For a chance to talk to Betty alone.”

“Why not do it now.”

“And let her tip off her boy friend? No,
we'll find out where Florence lives. Betty’s
bound to go back there to change her
clothes.”

‘It was nearly 4 o'clock in the morning
when a car pulled up in front of the lonely
farmhouse where Deputies Roach and
Walker were waiting.
“goodbye” to their companions and started
up the walk. Roach stepped out of the
shadows and intercepted them. “Don’t be
frightened,” he called. “We're from the

Sec who she

“T found out all.

are we waiting for?”

The girls said.

CAUGHT BY

CanBecomea
SECRET SERVICE and
FINGER PRINT —

OF ALL THE IDENTI-

EXPERT AT HOME!
FICATION BUREAUS

A3 O oF AMERICA ARE...

RUN BY I. A.S. GRADUATES |

om we am oe aw ow om oe ae as an a oe om On os oe

Think of it! One institution, the one that can train ~
you too, has pages the men who are in charge

of 4 43% of all the identification bureaus throu;

jout the U.S. And think of this: three-fourths of hg
the thousands of towns in the U.S. rp not yet 4
established sdentification bureaus. more :
banks and industrial plants will join the ranks. He
The Government is extending its identification ©» ~~,
work. All this expansion will require many more «=.
trained men! Check all the professions you can a
think of and you will find that Identification and ‘
Investigation ranks right at the top and offers _

sem a great opportunity. Think that over!

Want a Regular Be
Monthly Salary? Be

Note that word “‘regular.’” Most em

“‘fired’’ and someone else hired without loes to the at 5
boss. A trained Finger Print and Identification .
*‘cases”’ that no one else does. He can make him- >
self practically indispensable, go on and up to the ©
money. That's the kind of you ei
Mail the coupon for
E FR E E aves you every fact and ~
Setail actual reporta of |
finger print facts and how actuat famous cases
were sol¥ed by finger prints. Discover how easy ©
orooree at home in etime. ALL THI
FORMATION IS LUTELY FREE,
INSTITUTE OF APPLIED SCIENCE
ESTABLISHED 23 YEARS

Expert gets to know personally facts about his -
pono Everts positions, i power, respect and
work want!

FREE literature that

a Secret Service Operator; a veal book showing _

it is to learn this new, _ growing, fascinatin

Don't delay. Send the coupon today!

1920 Sunnyside Ave., Dept. 1189, CHICAGO

Institute of Applied Science

1920 Sunnyside Ave., Dept. 1189, Chicago, Ill. -
Gentiemen: Without any oF oumeetios £3 =
part whatever, send met rts yi

ator No. 38, also your iitustrate Free Boo on
Finger Printe and your low prices and Easy
Terms Offer. Literature will be seat only to
persons stating their age.

th NAS

Name.

ee a %.

Address.

Ho

Ee ee ee
i Ra We me PY ee thee Se Che

Age.

eo SD ED ee OE Ok Cm Gm GD ED GEE ET Ane Gee Gee coe eee ee cee ao ont ee aoe O™ eee ee’


SUPPRESSED
KNOWLEDGE = ig:
OF THE AGES /f

What strange powers did the
ancients posses? Where was che
” source of knowledge that made it possible for
them co perform miracles? Were these pro-
found secrets burned with ancient libraries,
or are they buried beneach crumbling Temple
walls? These wise men of the past knew che ‘say
ey mysteries of life, and personal power. This $m

§i wisdom is not lost—it is withheld from che a

«rut of monotonous existence and MASTER 9
ef YOUR LIFE j

THIS FREE BOOK

Man's intolerance has at times swept his Agey)
wet achievements from the face of the earth, yet
bag? secret brotherhoods have preserved this sacred :)
at wisdom of the ages. The Rosicrucians, one 3
of these ancient brotherhoods, INVITE YOU «
to write and secure a free copy of “The Mastery %
4 of Life.” It will point out how you may re-
; B: ceive age-old truths. You can learn to

Pf MAKE YOUR LIFE ANEW—
Wifes: che fulfillment of your ideals awaits
im you.

-—-AMORC— ‘
AN JOSE, CALIFORNIA }

— os,

co Wa Clete eS ‘tere ee Set Dee as

‘ i -back Rash order now!
i, mnt EMPIRE DIAMOND CO. Dept. 76MP Jefferson, lowa

Now Many Wear

FALSE TEETH

. With Little Worry

. Eat, talk, laugh or sneeze without fear of

“ insecure false teeth dropping, slipping or

“ wabbling. FASTEETH holds plates firmer
and more comfortably. This pleasant powder
has no gummy, gooey, pasty taste or feeling.
Doesn't cause nausea. It’s alkaline (non-
acid). Checks “plate odor” (denture breath).
Get FASTEETH at any drug store.

- POEMS WANTED

ama For Musical Setting ———-_

Mother, Home, Love, Sacred, Patriotic, Comic
or any subject. Don't Delay—Send us your
Original Poem at once— for immediate con-
sideration and FREE Rhyming Dictionary.

~ RICHARD BROTHERS “ vecz,eatnees
7 6 BUY FROM THE OLDEST ESTABLISHED
FIRM IN THE UNITED STATES SELLING
EYE GLASSES BY MAIL
re Sa mn)
bails NEL
16 DAYS TRIAL

«2». Choice of the LATEST STYLES—temarkably LOW PRICES.
~ .. SATISFACTION GUARANTEED or your money back. If you are
. _ hot satisfied—they will not cost you g cent.

SEND NO MONEY, Wits for Sree casio toa
our many styles and LOW PRICES! KEN :

ADVANCE SPECTACLE CO.
537 $. Dearborn St. | Dept. D-12 |

’

OTE: ha OT

Chicago, WM.

Party Dress

(Continued from page 27)

returned to Phoenix. Dr. Drane had com-
pleted the autopsy and was waiting in Mer-
rill’s office to see the sheriff.

“He died of multiple skull fracture,” the
doctor announced. “In a way, the wounds
are very peculiar, The skull was crushed
in little ridges.”

“What sort of a club would do that?"

Roach asked.

“Something heavy with four prongs or
four parallel bars.”

“A branding iron, maybe.” Merrill sug-
gested.

“Pogsibly. The marks are quite long, ex-
tending clear down over his face.”

“What about the stains on his skin?”

“Wood ash.”

“Can you be any more definite about the
time of death?”

“The best I can do is say that it was
not before 9 last night nor after 12.”

Dr. Drane left and the three officers
settled down to go over their meager store
of information.

The murder of Charles Goade, which
had at first appeared to be a simple case of
robbery, had~by now become a perplexing
mystery. >

Considering the distance from the ranch
to Goade’s shack, two miles each way
with four fences to cross, it didn't seem
possible that any of the men on the ranch
could have killed the old man and been
back by 9:25. “There was no moon last
night,” Merrill pointed out. “It'd be pretty
tough to run through those fields in the
dark.”

Had. someone else, some outsider, known
of Goade’s treasure? Perhaps the motive
wasn’t robbery after all. Perhaps the true
reason was hidden somewhere ‘in the old
prospector’s mysterious past.

Merrill telephoned the doctor whose name
was on the card Odom had given Roach,
and to his surprise he learned that Odom
did have a weak heart—that he’d been
under the doctor’s care for more than a
year.

“I guess that clears Odom and his pals,”
Merrill admitted grudgingly when he hung
up the receiver.

Charles Goade’s sister was located and
informed of the tragedy.

“How much money did your brother
have?” Roach asked her.

“1 don’t knew exactly. Four or five hun-
dred dollars. He carried it in an old to-
bacco sack in his shirt pocket. My brother
was a peculiar man. He liked to tell, people
he had a rich mine out in Rainbow Valley.
I don't believe he did. But he worked
hard and saved his money and he liked to
carry it around with him.”

“Did your brother have any enemies?”

“Not that I know of. He always got
along pretty well with people.”

So the story of Goade's treasure was
true. It began to appear that robbery must
have been the motive.

When Merrill was advised of this latest
development, he assigned Roach and
Walker to work on the case until it was
solved.

The two deputies arrived at the Bradley

ranch the next morning before breakfast.
Roach was convinced the key to the puzzle
could be found there on the ranch.

“Maybe we're counting too heavily on
the time it would take to get down to the
old man’s shack and back,” he said. “I’m
going to see how long it takes to make the
round trip.”

Whenever he could, Roach ran. He
rolled under the fences without stopping to

_ agreed.

ee. a

40 minutes to make the round trip
“Couldn’t be done in less,” the panting
deputy assured Walker. “And allowing ten ~~
minutes for the murder and robbery, it) °2
makes those alibis look, pretty good. 1 ©
guess we'd better start looking for. some),
outsider,” Gee

grate on top of a brick fire pit behind one
of the cabins. “‘We’ve been stumbling over
these things for two days,” he shouted, “and ¥*¢
here it is.” ; *
“Here what is?”
“The club that killed him. Four bars
and those stains. Wood ash—remember ?” -
Walker’s excitement was contagious. The
officers searched the camp and discovered |
a similar fire pit and grate behind each %
house. Only the grate was missing from >=
the pit behind Newell’s: place. ;
When they questioned Mrs. Newell about © .-
it, she was positive the grate had been in {=
place on Monday before the murder. ;
The two deputies, their discouragement
forgotten, raced into town with one of...
the grates. Dr. Drane’s reply to their”
anxious question was prompt and _ posi-
tive. “I measured the marks on his skull
yesterday and this fits perfectly.”

OACH ANI WALKER returned to the.”
sheriff’s office and reported to Merrill.
“Alibi or no alibi,” Roach said, “somebody
on that ranch killed Goade. I think we
can forget about Newell and Watson.
We've got to start with Odom’s: heart at-
tacks. Maybe it was just a_ fortunate
coincidence but it brought Simmons, Bar-
nett, Harden, Vaughn, and Odom together. |
One of them had just killed Goade. I don’t »
pretend to know how jhe could do it and | .%
get back to the camp by 9:25. . Might have
gone on horseback, or there may be an —
old road we don’t know about.” ;
“I think you're right so far,” Merrill ©
“The killer's smart. We've. got™>
to admit that. But that money he stole ~
is going to burn a hole in his .pocket. He‘
can't spend it in Perryville or Buckeye
without arousing suspicion. And he can’t
buy anything he has to take home because
somebody on the ranch would ask ques-
tions.” me
Sensing that, the sheriff was i agreement
with his theory, Roach outlined a plan of ©
action. He proposed to put a watch on»
the ranch to guard against the killer's.
sudden departure, and also to watch all
the places where the killer could spend his
loot. “We'll check all the liquor shops.”
and dance halls jn the valley. Goade's
money was in big bills and that'll be oa”
help.”
It would require patience and hard work. ~
but this plan for watchful waiting ‘seemed “
to present the best possibilities for success.
Merrill was more than willing to play *
along. He'd seen his quiet, soft-voiced ;
chief criminal deputy solve many a murder —
riddle with no more’to go on at the outset...
than they had now. -
Roach moved swiftly to organize his»
game of cat and mouse. He enlisted the’:
aid of a newspaper photographer who =
agreed to make pictures of all the sus-.”
pects. “Tell them you want the pictures ”
-for ‘the paper, tell them anything,” Roach »%;
said, “but be sure you get them.” * aa
The photdgraphs were distributed to >,
of cruising deputies who were.)

ny
Fo ae
a ee

PEOTECTIVE ©

eer

ROBINSON}

’

ALT. Ere}, wes
bladk,

Honor,

hex lend Arizona Republic

2, a

Phoentx, Wed. Nov. 1, 1961)

asphyx.

A

is

(Maricopa) 10-31- 1961.

By Hank Ketcham

~~

jibe cack

H, C. Dossey Heads Cham

+ ern Hospitals. He isa me
tyot the executive committee
| Arizona Blue Cross, a mem
| of the American College of I
pital Administrators, and a |
secretary of the Arizona H
tal Association.

|} CHANDLER — H. C. (Mac)|
‘Dossey of Chandler wa’ elected!
president of the Arizona Chamber,
of Commerce Managers Associa-'
tion at the group's annual con
vention which closed here yester-)
day.

Ted Spoeri of Douglas was
named vice president and Mack’

Arizona

News Briefs

| F
|
;dom at the Order’s 63rd interna-|
{tional convention in Minneapotis|
rin August. He has served a8 | Of arona, Wilpitz ived

‘Kehoe of Mesa, secretary-treas- (onal Sscging ath alain master’s degree in hospital
urer, Elected to posts on the! i i eebcag from Northwes
board of directors were Owen| Hoffman's Glendale appearance) University.
Dean of Bisbee, Ken Waddell of!will be one of five official visits! iH

otel Wrong Place
Wickenburg and Byron Hargrove in Arizona. Governor Paul Fanniniro Cash nae Check

|
A graduate of the Univer

of Prescott. . land Mayor Byron Peck will be}
initiated into the lodge in cere-| TUCSON (AP) Walter
‘Mrs. W. J. Jackson ‘monies during the grand worthy| Johason, 33, of ampaign,
Heads Music Clubs | president's visit
. bok, ° | vesterday.
“TUCSON — Mrs. W. J. Jack- | Wilpitz To Head eS =

|
|
|may not have been very one

son, Douglas, was elected pres-
ident of Arizona Federation of :
Mirsic Chrhs during the annual Roland W. Witpitz, admmis- -
fall meeting of the executive | trator of Marcus J, Lawrence |
board here. Memorial+ Hospital in Cotton-
| ‘The election followed the res- | Wood. is. the newly elected pres-
ignation of Forrest Thornburg of ident of the Arizona Hospital
Scottsdale, He gave ill health | Association.
| as his reason for resigning.

Hospital Association

Wilpitz also serves as chair. |

Speakers during the meeting | man of the Insurance Commit-
tee of the Association ot West.

| were Carroll Rinehart and Fred-

| eric Balazs, both of Tucson.
Program chairman was Mrs.
Charles Pascoe,

JOIN |

CENTRAL

HEARING AID
Eagles’ President BATTER IES

. |To Visit Glendale \} Cords, Repairs, Service on ALL |

| GLENDALE—The newly elected | Meker—Mail Orders Filled

grand worthy president of the Free Heoring Tests
Fraternal Order of Eagles. will

CAMERA

Christmas
Layaway

“Margaret don’t wanna dig to China with us. She says
she don’t like to dig, an’ she don’t like - anid ”

ee ger

Honcr Robinson Walks

\visit the Glendale Eagles lodge] 37 W, ADAMS ibid |
\ ° \tomorrow, according to Joseph FE Club
Burtle, worthy president
.
Calmly To Execution (1 rho. ono ACOUSTICON |],
moved up from worthy vice pres} gipee 1902 AL 32-2682 ]) ‘PICK your pre

By WADE CAVANAUGH

Jent to the top office in Eagh-

now when selection

best.
} PAY LATER!

}LORENCE—A two-year fight to escape the death penalty ended.
for convicted killer Honor Robinson yesterday when he was executed |
just before dawn tn the gas chamber at Arizona State Prison. |

The husky, 43-year-old Negro, convicted of the 1958 slaying of
year-old ex-convict Willie Bischoff, entered the ” chamber
quietly and calmly after having
slept soundly throughout the pre-

GLASS

FOR EVERY PURPOSE
MIRRORS 4

“GIVE US

vious night.
Dr* William J, Clemans, prison) Were

physician,
at 5:04 a.m., four minttes after
the lethal dose of cyanide pellets

was dropped
sulphuric acid.

PRISON officials reported Rob-

. jnson, apparently resigned to his
fate, had shared a last meal of

{ried chicken and spare ribs with

into a crock of

inson in @ , robbery sia, it was,
brought out at the trial. They
were living ‘fm Robinson's hud

nix residence.
ROBINSON'S court - appointed
attorney appealed hig conviction
on the grounds that he did not
receive a fair trial because he}
was a Negro. The appeal was
rejected by the Arizona Supreme
Court. |

{
Originally scheduled for execu-

three ministers who remained
with him during the night

Awakened shortly before 5 a.m.

he walked unaided into the death the federal courts.
chamber. As the white fumes
from the deadly solution rose in

the . small octa chamber,

Robinson, who appeared to
dozing, suddenly lifted his head,
breathed deeply several

his head on his chest.

Among the 25 witnesses at the|
Frank)

chief of detectives for;
Department.'

He was one of the officers who,

execution was Capt.
Adams,

the Tempe Police

arrested Robinson on New Year’
Eve, 10 days after Bischoff’
body had been found lying in th
desert near Tempe.

Téstimony at Robinson's trial
shot

in 1959 disclosed that he
Bischoff in a dispute over th

affections of Mrs. Vera N. Whip

ple.

Bischoff and Mrs.

rvetrecngneny semen ~~

be| nied another stay Saturday on)

times,
uttered a low moan and dropped) —

Whipple, |
both white, had been helpiag Rob:

Nee last summer, Robinson was)
ranted two stays: one for a san-|
bie hearing and the other

to)

A
BREAK”

AUTO GLASS
WINDQW GLASS
GLASS

Tua] BISHOP
Paint Co.
GLAZING “ANYTHING Made of GLASS” bee Us!
42 South 4th Avenue at Jefferson Ph. AL 68-4861

5119 North 7th St. Phone CR 9-1661
816 E. Main—Mesa—WO 4-1261

allow his attorney to appeal to| Basmum

The federal Ninth Circuit Court
of Appeals in San Francisco de-

the grounds he had not exhausted|
all avenues of appeals in the

ARIZONA BANK
REPOSSESSION

Weuld Like Us Te Dispose
of 5 Rooms of

FURNITURE

s
§
e

Including Westinghouse Au

tomatic Washer, and Cross
Top Freerer-Refrigerator.

BALANCE . .$750

See af ......
4415 N. 7TH STREET

e

Rental and Sales of

Wheel Chairs, Walkers,

Crutches,

CANES and
TRACTION EXTENSIONS

CALL US FOR FREE DELIVERY
IN PHOENIX

Ne also stock «a complete line of SURGI-
AL. GARMENTS, ELASTIC STOCKINGS
nd scant YOUR DOCTOR.

Grove’s Savas Supports Store
49 West Thomas fd.

1‘) blocks west of Centre

a

MIC? CACRIEIC

OVERSTOCKED ON BAKED ENAMEL ALUMINUM

cE AL] WHITE & PALE GREEN GOVERS

FURNITURE TOPS }

Ph. CR 4-6662,

CENTRAL
CAMERA

4967 MN. Centrel rhode


ue al amaesa

iMnIrnAarr

474. Ariz.
89 Ariz, 224
STATE of Arizona, Appellee,
v.
Honor ROBINSON, Appellant.
No. 1169.

Supreme Court of Arizona.
March 22, 1961.

Defendant was convicted of first de-
gree murder and from a judgment of the
Superior Court of Maricopa County, R. C.
Stanford, Jr., J., the defendant appealed.
The Supreme Court, Bernstein, V. C. J.,
held that denying motion for change of ven-
ue was not an abuse of discretion; that
error in refusing to let defendant testify
as to his motive was not prejudicial; that
the court did not err in refusing to hear
testimony of defendant to determine
whether statements were voluntarily made;
and that refusal to reduce the sentence was
not an abuse of discretion.

Judgment affirmed.

1. Criminal Law 121, 1150

Whether application for change of ven-
ue should be granted is largely discretion-
ary with trial court and the Supreme Court
will not disturb ruling unless it clearly ap-
pears that discretion was abused.

2. Criminal Law €=126(2)

Denying motion for change of venue,
in prosecution for murder, of colored de-
fendant on the ground that defendant could
not secure a fair and impartial trial in the
county was not an abuse of discretion.

3. Criminal Law €=413(2), 448(3)

Reason why defendant fired the shot
when explained from his viewpoint is not
self-serving nor is it a speculation of the
witness.

4. Homicide G>166(1), 339

In murder prosecution, refusal to let
defendant testify as to why he killed the
deceased was error but not prejudicial
where defendant was permitted to relate the

360 PACIFIC REPORTER, 2d SERIES

facts surrounding the killing, including his
reasons why he did it.

5. Criminal Law ©=412(2)

Rule against admission of statements
not voluntarily made applies only to con-
fessions and not to statements against in-
terest. :

6. Homicide €>171(4)

In murder prosecution, statements con-
cerning questioning of defendant in office
of chief of police in presence of other peop's
were not confessions or admissions of guilt,
where they were statements denying gu:'t
and inferring that another did the killing,
and hence, court need not hear testimony
of the defendant to determine whether the
statements were freely and _ voluntarily
made.

7. Criminal Law €=444

In murder prosecution, admitting reg-
ister of a hotel at which defendant and
another registered and title to automobile
found in defendant’s possession was not
error on ground that a proper foundatioa
was not laid.

8. Criminal Law ©=438

Photographs of a deceased body art
admissible to identify the deceased and show
the location of mortal wounds, to show
how the murder was committed and to aid
the jury in understanding the testimony.

9. Criminal Law ©=438

In murder prosecution, admitting &
photograph of the deceased on slab at &
morgue was not error over’ objection that
it was inflammatory and designed solely
influence the passions of the jury.

10. Criminal Law €=829(5)

Requested instruction relating to so
den peril doctrine was properly refuse?
where it was adequately covered in othe
instruction.

11. Homicide €=300(2, 7)

In murder prosecution, instruction th
the right of self-defense is not available #
person who sought a quarrel with design ®
force a deadly issue and thus through bs

ec bas eee

STATE v. ROBINSON Ariz. 475
Cite as 360 P.2d 474

fault create a real or apparent necessity for
making a felonious assault was proper as a
correct statement of law and as authorized
by the evidence.

12. Criminal Law C=911, 1156(1)

Granting or denying of a motion for
rew trial is discretionary and will not be
isturbed by Supreme Court unless an abuse
of discretion exists.

1, Homicide €=354
Evidence did not justify a reduction of
a death sentence in murder prosecution.

ARS. §§ 13-453, 13-1717.

14. Homicide €=347, 354

Where the defendant was found guilty
murder in the first degree, it was dis-
cretionary with the jury to determine the
punishment and unless the record showed
that such discretion was abused or the de-
sion was capricious or arbitrary the sen-
tence must stand. A.R.S. §§ 13-453, 13-

iif,

of

a

Joel B. Olmsted, Glendale, and Allan J.
Stanton, Phoenix, for appellant.

Wade Church, former Atty. Gen., Stir-
*y Newell, former Asst. Atty. Gen., Robert
W. Pickrell, present Atty. Gen., Charles C.
Stdham, former County Atty., Charles N.
Ronan, present County Atty., Donald
Meyers, former Deputy County Atty., and
Howard P. Leibow, Deputy County Atty.,
Phoenix, for appellee.

BERNSTEIN, Vice Chief Justice.

The defendant, Honor Robinson, was in-
formed against and tried for the unlawful
Ning of one William Henry Bischoff on
*¢ about December 21, 1958. He was con-
tted of first degree murder and the death
fenalty was imposed. He now appeals.

It appears from the evidence that Vera
Whipple and William Henry Bischoff, here-
=after referred to as the deceased, arrived
= Phoenix from the State of Washington
® December, 1958. On December 15, 1958,
they met the defendant, a Negro. The
éeceased and defendant entered into a con-

versation, at that time, in which the de-
ceased asked if he, Mrs. Whipple and her
children might stay with the defendant since
they had no money and were without a
place to stay. The defendant invited them
to live at his home at 4314 South 34th
Street, Phoenix. At this time the defend-
ant believed that they were man and wife.

After a few days, Vera Whipple dis-
closed to the defendant that she was not
married to the deceased. The activities of
these three during this time amounted to
“lining-up” places to burglarize. In car-
tying out this activity they would drive
around the various parts of the city. On
several occasions the defendant and Vera
Whipple would drive out together without
the deceased. The defendant soon became
attracted to Vera Whipple. This attraction
culminated in an affair at the Paducah Ho-
tel on the night of December 20, 1958.

On the following morning the deceased
called the Maricopa County Sheriff’s office
in an attempt to locate Vera Whipple. Be-
fore the sheriff’s officer arrived the defend-
ant and Vera Whipple returned to the
house. An argument ensued when the de-
ceased displayed anger at Vera Whipple’s
staying out all night with the defendant.
This aroused an antagonism between the
deceased and the defendant. That evening
the defendant lured the deceased to Papago
Park on a plan to burglarize a house in the
area.

When they reached Papago Park and
parked the car, the two men proceeded to
walk up a dirt road in the park. As they
were walking, the defendant feigned a
stumble which enabled him to get behina
the deceased. The defendant seized the
opportunity and shot the deceased twice
in the back. At the trial the defendant
claimed he shot in self-defense when the
deceased “lunged” at him with an ice
pick. After the shooting, the defendant
dragged the body off the road and re-
moved all identification from the de-
ceased’s person and returned home. He
lived with Vera Whipple until December
31, 1958, when he was arrested.

‘(edooraey) euoztay peyetxdydse $2 Syoetq Szouoy ‘Nosntaod

FP aioe

paupeion

T€ 1eqo400 uo

nee *-


horse and come ont on the stage.

- He came into town, sold his horse

“, ~~

“wend then came outto us and gave
Charley Hensley $10. That night
Charlfe Hensley came into Florence

and bought some _bresd, sume tes, }.

sume bacon, s bottle of whiskey and
agtey woollen ebirt, at Smith &

~ Murray's store. We when went out

to weat a. red shirt, with a white)

tothe big wash two or three miles
this side of Evan’s station. We
were totakethe stage in at this
wash, Jocts Almgr was to come out
on the stage, and as a signal that
there was treasure aboard he was

handkerchief around his neck and
was to sing @ song when he came to
the wash. Charlie Hensley was
watching for him, and when the

- stage passed came back and said:

. stop this,”
-“G—d d—m you come slong,” snd I

“The stage got by before Isaw
Jack.” -1 said “Jet's no. go, let's
and Charlie replied,

| knew if I did not go, he would shoot
ane. We then gut onto our horses,

pissed the stage at Evans’ station
and went on across the river, beyond

. Putoam’s,to the place where the

robbery occurred, snd the stage

was robbed and. a man wes kil.}
- Jed.

I. was behind a bush on
the Icft hand sideof the road
guing toward Globe, and Hense
Jey was on the other side.
Hensley. fired seven shots and J must
have fired one. Hensley claims he
tired seven shots and there were se-
ven cutridges goneout of his gun.
He had a 44 caliber Winchester.

_ Hensley took the near leader out of

the stage team und we'got onto our
horses, and Uhariie lead. the sfage
horse. We carried the money.
Cheriie put his in the saddle bags
and I carried mine on the saddle in
front of me. . Those were my saddle
tags, left on the ground and the belt
and kotfa found there belong to
Jack Almer and the hatcht to’ Len
Redfield,—we neglected to throw it
away.’ The saddle left at Evans’

|. station by Jack belong to. me..:-Jack

bed a $50 saddle when he came
down bere, but he said you take my
saddle and I will take youre, as it is
lighter, sod bring it up on the stage
He told me to tell Frank Carpecter.
to bring Limi 8 horse. I told Red-

is

* :
ee)

down to /edfield’s. Charlie Hens-
ley aad Jack Almer proposed this
job to me at Johnsonville, a few
days before we started.

(Signed) Josern Turrie.

oe «hl

“Tax Slade-Mitche!l mill has been
dectered off. seater

ALLTEL TELL TUS EN
Tur President Ison’ his return to

Washivzton and will reach Chicago
to-morrow. °

TF np inten ee

ae ee ee 8 a oe

Meuuers of Congress | ‘are In
Washington looking up the Texas
Pacistic grant business.

, —teeereeceeieieciel

Disastzns continug to be reported
thick cnd fast. The present year is
Laie, ftselt natorious in taat line,

A TERRIBLE earthquake is report-
ed on the island of Sava and the sur»
roindiag © region. ~ Seventy-five
thousand lives ate reported lost and
the straits of Sunda eo changed and
filled as to make navigation uniafe.

France and Anam was signed on the
25th instant. France is to assume a

protoctorate of Tovquin and abolist |’

, Tuw treaty Of peace betwen] g

mg are
THE GREAT

GERMAN ly

FOR

RHEUMATISM,

Neuralgia, Sciatica, Lumbago, Back.
ache, Soreness of the Chest, Gout
Quinsy, Sore Throat, Swellings and

prains, Burns and Scalds, Ceterst
Bodily Ha ‘ains. Tooth, Ear and Head-
ache, Frosted Feet and Ears, and ull
other Pains and Aches.

No preparation on carth equals St
Jacobs O11 as o safe, sure, simple
and cheap external remedy. A trial
entails but the comparatively irifling
outlay of 50 cents. and every onc suf.
sering with pain can have cheap and
positive proof of its claime.

Sorit ons in Eleven Languages.
0

LD BY ALL DRUGGISTS AND
DEALERS IN MEDICINE.

A.Vogeler & Co.

Baltimore 34.. U.S

piracy which bas prevailed in that] .:«

region of country.

4
~~ &

James Dovzx and wife, of Sequat-}:

chie Valley, were in the clty yesters

dsy. The object of their visit to the | #
city was nothing more or less, than | ¢
to see strain of cars, They cme}

through the country ina wégon, &

distance of seventy-five ‘tiles. De-}.

pot Policemen Driscoll took them fo
charge and when the morn’ng East
Tennessee train came puffing in they
were simost beside themselves with
‘Joy, but were. afraid. to. get_ near
“that ar’ queer thing.” Doyle states | con
thas his mother’ fs eighty-six years
old, and bad never been twenty: miles!
fromthe house in- Tah, cho was

peromerien Tees)

«2: rei
4 Po aey ae
ah ha Bg

In fever aod in Bau ot Stateless, in a eek
eal and other te viaired>

tes, § and indeed A all ‘Pocaliti-e Cine, the

ditions are entavoreble © health, t

Ore vegetable fiusigerant end aheeme

ns Honaiters Stomach Bitters, hae been

vahegorte « even to fre
a one ard fragile fra pees whils. as
acure for ind ed Dilllousness and

fern

AML) Utel

and tn good fatth 6

: ANE and we anthorize @
s hte certificate, I

our slynaturcs att
tisenents.”

Incorporated ia
by the ielaturt
and Charitable ©
capital of $1,000,¢
serve fund of over
been added. =|

By an overwhe
its franchise was

resent Biate Co
ember 2d, A. |
The only Lottery
dorsed by the peog
Ot a 90 or bea
Its Grand Singh
ings take place m

SPLENDID ¢
ih WE URAWE
New “Orienns,
11, 1883—160tb

CAPITAL PF
+ TICKRTS

Uh Merkle in at !

Application fq
should be made a
tho Company int
For further fi
clearly, giving :

P.O. oney: i
dress Re
Fach! RLEAN

oe)
S

Ordinary! tera
ine

or M. A. Dauphi

indred complaints, it fe without s rival.
ieee a or all Druggists ond deolers

i

*

Washington,


7 &. Elaher, 23 Merchants ratey

San Francisco, will have the BE
Gle and soncit bustac-a,

No. pe Bon te anthorized to do business Ww

many way for thiv eee! whose name is
not here announe as our nde :
? have Dotraveting agentas.. =.

Monday ~. "e Meptember 3, | 1aN3
Resear RNS ETS

: RIVARNDE STAGE BOBBERY

The Marderer's Contennte

about the. fst day o se rom |*
Joe ba 3 place. ‘ape had beew

he wanted:
‘son's, or
s.lver in

hatchet as the eye was broke.’ ite
hen said “You bad, better take my
“ hatchet and after you get through
with it throw itasfaras you can.

tis new and has never been used
before.” When’ we started Redfield
also said: “Take good care of your
horses as they are your main depen-

nce. Ww _ Tt was understood ¢ that: we got a horse rot pales

there two dayit

of provisions and Jack Almer ‘seid
would go into Florence and sell his
horse and come ont on. the _Stage.
Tle. came into town, wold bis” horse

y- Hensley. $10. _ 1

Chasite Hensley came into Florence
snd bought some_bread, sume. tes,

pred bacon, ry bottle us ol latmtes ie a}

‘lds h

wl-ich he
him so tl

ho!

hea

he w

Armce
where SHensle

padi

ley aad ,

ache, Soreness of the Chest, Gout \

| Bodily Pains. Tooth, Ear aud Head.
tache,. ronted Feet and Ears, and ie ue

fs{ Jacobs Oil as a safe, eure, altaple

c taken charge of by Dr.

of the State Board | FS

9
eurnigla, Sciatica, Lumbago, Buck.

Quiuey, Sore Throat, Swellings an
prains, Burna and Scalds, General

other Pains and Aches.
“No preparation on carth equa

and cheap external remedy. A trial!
.Lentatls but the compuratively irifiing
outlay of 50 cents. ak every one siif.
‘seriog With pain can have cheap and
positivo proof of itscialina.
Directions in Eleven J,

LO BY ALL DRUGGISTS

a Paid ; New Orlent

- nattonal Bank, A
~ wio, Presiden

a! pad, to: Union

» Bauk, 8. Ohar
@hifler.. cs ee ;

L. Carriere, Uresiq
Paid to Germani

Toby, Cash rer.

. “le to Mutual Ma

nk, Jos, Mitcht
hie

e rotor the pul)
the meat

‘tfer our t

mend 2) At ae

3, Officials of Low
to be legal, honest
our transactions; a6
b} business in the:
ing is conceded
vestigate, and ow
ec been sold at of
ers, and own
‘best known and
DA

“Ie do hereby ¢
‘the arrangements

and tn good fatt
and we od fl he

. Incorporated fu
by the ielatu
aad Charitable”
capital of $1,
serve fund of over
been added

ecember

The only Li
dered

“DEALERS IN MEDICINE


yd

PHOENIX, ARIZONA, FRIDAY EVENING, MAY 19, 1916.

ROE

PVELT AR
15 VIEWS ON
POLICY AT

HOME AND

~ ABROAD

Associated Press Leased Wire)
TROIT, May 19.—Col. Theodore
evelt in an address here today

rated his opposition to “all kinds
yphenated Americanism”, advo-

| a \l military service baéed
in 6 training, and declared
th st be an end to “pork

1” y...adods in international re-
bs and that we must stop talking
get down to the business of thor-
preparedness if we are “to make
nation as strong as are its con-
ons in reference to right™ and
iz.”
Je, through our representatives
fashington,” said Roosevelt, “have
lutely refused, in the smallest de-
to prepare during these twenty-
months of world ¢ataclysm.”
osevelt declared that the Wil-
‘administration “has taken no
for preparedness, and has done
ing efficient to sustain our nDa-
1 rights.\_
fe \‘fiust make this nation. as
1g as are Our convictions in refer-
to right and wrong.” declared
evelt.. “It little matters what our
s may be and what &chievements
nay hope for, if these ideals and
pavements cannot be reduced to
m. <A considerable part of the
igth of Mr. Ford in the primaries,

of **~ strength of the advocates
a) .. redness at Washington,
es he fact that no real al-
ath Jolicy ig offered with sin-

y ana fearlessness.”

urring universal military service
4 on ualversal training, Roosevelt
he believed in it because it would
mly be of incalculable benefit to

ration in the @vent of war, but of| —

otiabte benefit tothe uation as

ONLY ONE: GAUGE
FOR POSSIBLE
“DPLONATI
~ FRICTION

8
|

WZ

NO REPLY NEEDED

| (Associated Press)

| WASHINGTON, May 19.—Ger
| many, considering the. submarine
| controversy with the. United
States closed, has détermined to }
| make no response to the last
| American note upon the subject.
! Information to this effect is
| contained in confidential ad
| vices received here from Berlin.
o—-

Ze

“a

It was indicated at the state de-
partment when the note was sent that

the United States did not feel a reply
was necessary, and that should one
be forthcoming this government would
consider Germany had acquesced,

With the apparent end of the sub-
marine crisis and German's admoni-
tion to her citizens in the United
States to obey local laws, German of-
ficials feel that the only remaining
cause of friction is the case of Wolfe
von Igel, former secretary to the re-
called. German military attache, ar
rested in New York in connection
with a plot to blow up the Welland
canal. —

Count von Bernstorff has asked for
the return of papers taken from von
Igel but the request so far has been re-

(Continued on page 2)

COLORADO DEMOCRATS

fe nne Ten tieniaen OOS

THE ULTIMATE
PENALTY Oh
TREE OF
DEATH

FLORENCE PRISON, 3:30 p.
m—Francisco Rodriguez was
hanged at 3:15 o'clock this af-
ternoon. No untoward incident
featured the execution, the sec-
ond since Arizona’ became a

| state. The condemned man was

‘ prepared for the ordeal and
watked to the death house with
his Spiritual adviser and the
guard without a tremor. Only
the official witnesses required
by law were present.

Just five years and two days after
his original conviction in The super-

crime of murdering his wife, Francis-
co Rodriguez, a Mexican, paid the pen-
alty of his crime by being executed in
in the state prison at Florence this
afternoon.

Rodriguez met his fate with con-
siderable fortitude and _ resignation.
Last nigitt he talked with members
of the death watch and appeared
cheerful. He received the minisctra-
tions of a Mexjcan priest and showed
every evidence of having prepared
himself for the ordeal.

There was little ceremony connect-
ed with the execution, only the legal
witnesses and those whose duty com-
pelled them to offociate in the last
chapfér of a man's Ife, being present.
Werden Simms delayed the execution

‘no chance for a reprieve or further
legal ‘delay being granted to the con-
demned man. 7 3

To attend the execution as one of
the legal witnesses, Assistant Attor-

for Florence this morning,

ad

RODRIGUEZ PAYS

ior court of Maricopa county of the /{s unknov

until « was clear that there would be}

ney General George W. Harben left}

Gove

AUSTIN,
E. Ferguso
States sho
restore ord
“Since v
well finish
tection of
nothing. I
bandit ano
row. Ifa
he is betra
any leader

“The rut
blood on
‘justificatio
to do whs
manently j
ther outrag

BAPTIST UNION |


RODRIGUEZ, Francisco, His., hanged Ariz. (Maricopa) 5-19-1916.

"TUCSON MAN PAYS RMENALTY OF DEATH, FRANEISES ROBRIGUEZ HANGED FOR
MURDER OF HIS WIFE: Francisco Rodriguez, a native of Tucson, was
hanged for the murder of his wife, at the state penitentiary at Florence
Friday afternoon at 3:15 o'clock, all pleas on his behalf Raving failed.
Rodriguez's mother, who still resides here and who circulated petitions
among business men here asking that his sentence be commuted, was in-
formed of the failure of her efforts, She is an aged woman and it is
feared that the shock may undermine her declining heatth. According to
press reports from Phoenix, Judge Kent, attorney for Rodrtggez made an
unsuccessful eleventh hour plea for commutation on the ground that the
condemned man had already been placed in jeopardy for the same offense,
The board, however, refused to consider the case further. Rodriguez
shot and killed his wife at Phoenix January 17, 1911, because she
refused to live with him. He had been repkieved nine times. The
governor exhausted every resource to save his life until finally the
people voted to rob the executive of his power to make pardons on his
own Wax initiative. The case at one time assumed international im-
portance when Secretary of “tate Bryan interferred on representations
of the Mexican government and secured a postponement of the xecution,
pending further investigation. Ives G, Lelevjar, Mexican consul at
Douglas, a few days ago, conferred with Governor Hunt and presented a
petition signed by 5,000 Mexicans, naturalized citizens, asking that the
condemned man be granted executive clemency. Rodriguez was born in
Tucson and spent the larger part of his life here, but had not resided
here in recent years.
"JUDGE KENT'S LETTER, |
"Judge Kent's letter follows: 'Gentlemen:-In the matter of “rancisco
Rodriguez. I am not at all in sympathy with the various means and
methods whereby the carrying out of the sentence of men long ago con-
demned to death have been from time to time postponed, and I regret the
fact that such postponements and reprieves have hitherto been had in
this case, as well as in others, The fact is, however, that Rodriguez
was sentenced to be hung approximately five years ago, and that he had
from time to time been reprieved, Irrespective of any question of his
sullt or innocence, it seems to me that the facts as they exist with
respect to the various reprievements and postponements of his death
sentence warrant your board in taking the view that in thés particular
case his sentence be commuted to life imprisonment. As the judge who
tried the case, and for the above reasons, I make this recommendation,'!"
ARIZONA STAR, Tucson, Arizona, May 20, 1916.

AL AMAESA

(ADIT Ar

egtrdl

7 uae a a eal

ge

476 Ariz.

[1,2] Defendant urges that the. trial
court in denying his motion for a change
of venue deprived him of a fair and im-
partial trial. It is contended that because
of the publicity given the murder and the
fact that the defendant was a Negro and
the deceased, a white man, the community
had a prejudice against the defendant.
The rule in this jurisdiction is:

“Whether the application [for a
change of venue] should have been
granted is largely a matter of discre-
tion of the trial court which we will
not disturb unless it clearly appears
that such discretion was abused.

* * *” Burgunder v. State, 55

Ariz. 411, 103 P.2d 256, 261; State v.

Thomas, 78 Ariz. 52, 275 P.2d 408

affirmed 356 U.S. 390, 78 S.Ct. 885,

2 L.Ed.2d 863.

The record discloses that the trial court
was very vigilant in selecting and deter-
mining the qualifications of the jurors and
especially to whether they had read any
newspaper articles concerning the facts
and circumstances of the killing. There

was no abuse of discretion in denying a

change of venue.

[3,4] The defendant in his next as-
signment of error alleges that the trial
court erred in refusing to let the defend-
ant answer a question on direct examina-
tion relating to his motive.

behalf he was asked:
“Q. Honor, did you kill Bill Bisch-
off? A. Yes, sir.
“Q. Why did you kill him? A.

To keep—

“Mr. Meyers: We
is a conclusion.

“The Court: It does call for a
conclusion. Just get the facts.”

The law is well settled in this jurisdic-
tion that “the reason why defendant fired
the shot, when explained from his view-
point, is not self-serving, nor is it con-
sidered a conclusion of the witness.”
Richardson v. State, 34 Ariz. 139, 268 P.

object. This

When the de-
fendant took the witness stand in his own

360 PACIFIC REPORTER, 2d SERIES

615, 616. If the rule were otherwise, a
party accused of a crime would have virte-
ally no way of. claiming self-defense
Especially is this the case when there are
no eye witnesses to the crime. The trial
court should have permitted the defendant
to answer. ;

However, in other parts of his exam
ination on direct and cross-examination,
the defendant testified that he shot the
deceased when the latter attacked him
with an ice pick; and that he was sur
prised and scared at this action on the
part of the deceased: “* * * J jumped
backwards and shot twice, I had my eye
shut, I didn’t know where they went, I
was just scared, I first jumped back and
shot twice, then I ran, didn’t know what
to do.’ The error, if any, was thereby
cured when the defendant was permitted
to relate the facts surrounding the killing
including his reasons why he did it. State
y. Aldrich, 75. Ariz: 53, 251 P.2d 683:
Macias v. State, 36 Ariz. 140, 283 P. 71

The defendant contends that the thal
court erred in refusing to allow defendart
to testify as to the voluntary nature of 3
purported confession. This alleged err
occurred during the direct examination of
Chief of Police Farley as follows:

“Q. Where did you see him on
January Ist? A.. In my office at the
Tempe Police Department.

“Q. Would you relate the time and
who was there, if you can remember?
A. As to the time, I will have to t
fer to my notes. Approximately 6:0
P.M. on the Ist.

“Q. And who was present sir? A.
Present was Don Meyers, Deputy
County Attorney, Julius Brown, Court
Reporter, Captain Frank Adams and
myself.

* * * * * bd

“Mr. Meyers: Well, at the time yoo
talked to him on January Ist wefé

any threats made to him?
“The Witness: No.

Sin aera

babies

STATE v. ROBINSON

Ariz.

477

Cite as 360 P.2d 474

“Q, Was the conversation with him
given by him freely and voluntarily?
A. Yes, it was.

‘ * * * * *

(out of the hearing of the jury)

“Mr. Olmsted: It is our desire at
this point to place the defendant Rob-
inson on the stand to give limited tes-
timony to the circumstances surround-
ing the taking of the alleged statement
and admission.

“The Court: *You can’t put him on
before the State has finished their
case, I don’t know of any procedure
like that.”

The procedure for admitting a confes-
fon into evidence during the course of a
criminal trial has been set forth by this
Court in State v. Pulliam, 87 Ariz. 216,
M9 P.2d 781 and State v. Hudson, 89
Ariz, 103, 358 P.2d 332.

[5,6] “The rule against admission of
fatements not voluntarily made applies
sly to confessions and not to statements
against interest.” State v. Romo, 66 Ariz.
4, 185 P.2d 757, 764. The statements
which were offered and received, and
which the defendant now assigns as error,
¥ere not confessions but admissions ex-
eulpatory in nature. The statements in
Pestion concern the questioning of the
‘efendant in the office of the Chief of
Police of Tempe, Arizona, by Chief Far-
*y in the presence of three other people
a January 1, 1959. Chief Farley testi-
Sel that the defendant freely and vol-
Starily stated in substance that Vera
Whipple was with the deceased on the
ght of December 21, 1958, and that he
*2s in downtown Phoenix.4

Defendant’s admissions were therefore
St confessions or admissions of guilt.

. — Farley’s testimony concerning the
5 a of the defendant on January
sige was in the part material here:
ae los this particular Sunday, the

i. lat along about dark, just dark,

ot etermined it, that he left the house
ne, afoot, and went down to Broad-

a to catch a bus into Phoenix. That
‘ile he was standing there waiting for

They were just statements denying guilt
and inferring that Vera Whipple did the
killing. The court did not err in refusing
to hear the testimony of the defendant to
determine. whether the statements were
freely and voluntarily made. State v.
supra. See also McDaniels v.
State, 62 Ariz. 339, 158 P.2d 151, 155
Davis v. State, 41 Ariz. 12, 15 P.2d 242;
State v. Campbell, 73 Kan. 688, 85 P. 784,
9 L.R.A.N.S., 533.

It should be noted that a written tran-
script of defendant’s confession taken
January 7, 1959, consisting of 45 pages
was offered and admitted subject to mat-
ters that were excluded at the request
of defense counsel in chambers. The de-
fendant did not object to this confession
(Exhibit 31) being admitted.

Romo,

[7] The defendant contends that two
exhibits, the register of the Paducah Hotel
and a title to an automobile found in the
defendant’s possession, were erroneously
admitted into evidence for the reason that
a proper foundation was not laid. The
defendant admitted that he and Vera
Whipple stayed together at the Paducah
Hotel the night of December 20, 1958.
The fact that the manager of the hotel
could not identify the persons who regis-
tered that night except as a white woman
and a colored man goes only to the weight
and not to the admissibility of the exhibit.

The defendant was driving a car regis-
tered in the deceased’s name, when ar-
rested. The defendant admitted driving
the car. The reception into evidence of
these exhibits was proper.

The defendant next contends that the
trial court erred in admitting into evi-
dence a certain photograph of the de-
ceased on a slab at the morgue. He ob-

the bus that he saw Vera Whipple and
Bischoff drive off in the Pontiac, that he
went on to town and he stayed there for
quite awhile, quite a little while, and he
eame back. if I remember correctly,
around 9:30 or 10:00 o’clock, that when
he got home Bischoff was not there, that
he asked her where Bischoff was, but he
didu't find out.”

¢
eg

AL AMAR a

at

‘

Irnayry

ink)

478 = Ariz.

jects on the ground that it was a gruesome
and inflammatory photograph designed
solely to inflame the passions of the jury.

[8,9] The photograph was used during
the examination of the County Medical
Examiner who performed the autopsy. It
was utilized by the Medical Examiner to
identify the deceased and also to show the
location of the wounds from which he ex-
tracted the deadly bullets. Photographs of
a deceased body are admissible to identify
the deceased and to show the location of
the mortal wounds, to show how the mur-
der was committed and to aid the jury in
understanding the testimony of the wit-
nesses. State v. Thomas, supra. See also
Burgunder v. State, supra; Young v.
State, 38 Ariz. 298, 299 P. 682; Janovich
v. State, 32 Ariz. 175, 256 P. 359.

[10] Complaint is made to the trial
court’s refusal to give a requested instruc-
tion of the defendant (No. 18). The prof-
fered instruction related to the sudden
peril doctrine. In effect it stated some of
the elements of self-defense, but not all
of them. The defendant relicd upon the
doctrine of self-defense to justify his
shooting the deceased. Self-defense was
fully and adequately covered in other in-
structions given to the jury by the trial
court. The requested instruction being
adequately covered in other instructions,
no error resulted by refusing to give the
defendant’s proffered instruction. State
v. Wallace, 83 Ariz. 220, 319 P.2d 529;
State v. Colvin, 81 Ariz. 388, 307 .P.2d
98; State v. Hendricks, 66 Ariz. 235, 186
P.2d 943, Cf. Everett v. State, 88 Ariz.
293, 356 P.2d 394,

[11] The defendant contends that the

trial court erred in giving a requested in-

struction of the State (No. 20). The in-
struction given stated: “The right of self-

2. Chief of Police Farley testified that the
defendant when questioned said: “* *
That while they were walking up this
road he had no intention of burglarizing
the house nor did he have any chosen
spot along the road where he was going
to perform the killing. As they walked
up the road that Bischoff was walking

360 PACIFIC REPORTER, 2d SERIES

defense is not available to a person wt
has sought a quarrel with the design :
force a deadly issue and thus through }

fraud, contrivance or fault, to create a re

or apparent necessity: for making a felor

ous assault.” This is a correct statemer
of the law and was applicable in view «

the evidence of contrivance on defendant's
part to kill the deceased.? State vy. Betts
71 Ariz. 362, 227 P.2d 749. See a's
State v. Folk, 78 Ariz. 205, 277 P.2d 10!¢
Valdez v. State of Arizona, 49 Ariz. 11!
65 P.2d 29. The trial Court properly in
structed the jury as to the law involve?
in this case.

[12] The granting or denying of a me
tion for a new trial lies within the sound
discretion of the trial court and will net

be disturbed by this court unless an abuse

of discretion exists. State v. Bogard
88 Ariz. 244, 354 P.2d 862; State v. Chase,
78 Ariz. 240, 278 P.2d 423; McDaniels *
State, supra. In view of what we hare
said above, we find no abuse of discretion

[13,14] Lastly, the defendant requests
that this court reduce his seritence undet
the authority of A.R.S. § 13-1717, The
defendant having been found guilty of
murder in the first degree it was with
the discretion of the jury to determine th
punishment. A.R.S. § 13-453. Unless the
record shows that this discretion w#
abused, Hernandez v. State, 43 Ariz. 424
32 P.2d 18, or the decision is capricious #
arbitrary, State v. Fenton, 86 Ariz. Ik
341 P.2d 237, 243, the sentence must ©

main.

“The individual views of the mem-
bers of this court on the issue of cap
ital punishment are irrelevant. We
are limited to the judicial function of
faithfully interpreting and applying

to the right-hand out of the south rut
of the road and that he was walking 9
the left-hand rut, and that they, as they
started up this little incline in the road
that he stumbled on purpose so that it
would throw him back from Mr. Bischof.
At this point that he shot Bischoff twice
in the back,”

abe PNM. OS

i RARE Tongan ee iyi: oo

STATE v. CASTANO Ariz, 479
Cite as 360 P.2d 479

the Jaw as we find it, * * *”

State v. Fenton, supra.

There is nothing in the record that
would justify the court in interfering with
tee death sentence.

Judgment affirmed.

STRUCKMEYER, C, J., and UDALL,
'ENNINGS and LOCKWOOD, JJ., con-

Ariz, 231
STATE of Arizona, Appellee,
v.
Oscar CASTANO, Appellant.
No. 1184.

Supreme Court of Arizona.
March 22, 1961.

Defendant was convicted of illegal
possession of narcotics and sentenced to ten
ts twelve years in prison. From a judg-
sent of the Superior Court, Maricopa
County, R. C. Stanford, Jr., J., the defend-
st appealed. The Supreme Court, Jen-
sings, J., held that defendant, a first of-
fender, was not entitled to a minimum sen-
tence, and that the sentence was not invalid
*§ cruel and unusual punishment or as de-
sying due process and equal protection of

the law,
Judgment affirmed.

& Criminal Law €=1147
Penalty upon conviction within limits
*f statute is entirely within the sound dis-
*retion of trial judge, and will not be modi-
unless it clearly appears that the sen-
fence is excessive, resulting in an abuse of
&xcretion. A.R.S. § 13-1717, subd. B.

2 Criminal Law €=977(1)
Where discretion is vested in the trial
4ge as to limits of the sentence, he should

consider not only the circumstances of the
offense charged but also the moral char-
acter and past conduct of the defendant in
order that he may grade the punishment in
accordance with the general character of
both the offense and of the party convicted.
A.R.S. § 1341717, subd. B,

3. Poisons €=9

Defendant convicted of possession of
narcotics was not entitled to the minimum
sentence because it was a first conviction
of a felony. A.R.S. §§ 13-1717, subd. B,
36-1002, 36-1020.

4. Criminal Law €>1213

Where the statute fixing punishment
for an offense is not unconstitutional, a
sentence, within the statutory limits is not
cruel and unusual, A.R.S.Const. art. 2, §
15.

5. Criminal Law 1213

Sentence of defendant convicted of the
illegal possession of narcotics from 10 to
12 years, which was within the statutory
limits, was not invalid as cruel and unusual
punishment. A.R.S. §§ 36-1002, 36-1020.
A.R.S.Const. art. 2, § 15.

6. Constitutional Law €=250, 270
Polsons €=2

Penalty provisions of the Uniform
Narcotics Drug Act does not violate due

process nor equal protection of the laws.
A.R.S. § 36-1020.

7. Constitutional Law €=>250, 270

Alleged fact that others apparently less
worthy than defendant have received less
punishment does not constitute a denial of
constitutional right of due process, nor a
violation of equal protection of law.

——_—_—__.

Gibson & Gibson, Phoenix, for appellant.

Wade Church, former Atty. Gen., Stirley
Newell, Asst. Atty. Gen., Charles C. Stid-
ham, former County Atty., Richard S. Alle-
man, Deputy County Atty., for appellee,

JENNINGS, Justice.

Appellant (hereinafter called defendant)
pleaded guilty to illegal Possession of nar-


RRS RES NRC STES

884 125 PACIFIC REPORTER (Ariz.

[6] The same rule applies to the fifth as-

signment of error. The last complaint made
by the appellant is to a charge to the jury
reading as follows: “Unless a juryman does
find that a reasonable doubt does exist, he is
not to give the benefit of it to the defend-
ant.” The language of this instruction, as
quoted, seems awkward; but, when consid-
ered in connection with the other Janguage
leading up to it, it is explained, and no mis-
take was made by the court in using such
words. The court, in his charge to the
jury in this eonnection, says: “By reason-
able doubt, gentlemen, is not meant a cap-
tious or imaginary doubt. It does not mean
a doubt by which the juryman may say, |
will take that as an excuse for not finding
the verdict I think I ought to do.’ -A’ rea-
sonable doubt, as used in the law, means
just exactly what it says. There is no better
definition than the words themselves, ‘a rea-
sonable doubt.’ No juryman has the right
to say, ‘I will say there is a reasonable
doubt here,’ for the purpose of avoiding his
duty. Unless a juryman does find that a rea-
sonable doubt does exist, be is not to give
the benefit of it to the defendant; but, if he
does find that a reasonable doubt exists,
then he is.’ The instructions, when taken
together, cannot be held to have misled the
jury as to its duty in finding the fact beyond
a reasonable doubt, in view of the testimony
quoted above. ‘
[7] The evidence offered by the defendant
is not sufficient to reduce the homicide from
murder in the first degree, unless we hold
that the heat of blood produced in the mind
of the appellant by the deceased refusing to
live with him, and his love for deceased,
provoked such a passion as, in law, would
amount to a mitigation of the crime. This
we are not prepared to admit. This court is
not prepared to say that because the wife
of a man refuses to live with him that he
has the right, under our law, to take her
life, to prevent her from securing a legal
separation and thereafter becoming the wife
of some other man. Jealousy is a motive for
crime, not an excuse for it. And where a
man, by all the obligations of civilization,
government, and religion, has taken the most
solemn vow that man can take in the pres-
ence of earthly witnesses and his Maker that
he will love, support, and protect his wife,
because for any reason his wife prefers to
live separate and apart from him, that he
would be justified in renouncing his marital
vows and in taking the life of the one he has
sworn to protect is a position this court does
not want to assume, Barbaric practices in
treating the wife as a chattel and brain-
storms are not recognized by this court as
excuses, under the laws of Arizona, for com-
mitting a crime; nor are they recognized in
mitigation of the punishment.

We find no substantial right of the defend-

ant violated in the trial, and no reversible
error committed by the trial court. We there-
fore affirm the judgment of the trial court,
and direct that the cause be remanded to the
superior court of Maricopa county, state of
Arizona, and that the sentence and judg-
ment of the district court of the Third judi-
cial district of the territory of Arizona in
and for the county of Maricopa be by said
superior court enforced according to law.

FRANKLIN, C. J., and ROSS, J., concur.

STATE ex rel. DAVIS v. OSBORNE, Secre-
tary ‘of State.

(Supreme Court of Arizona. July 15, 1912.)

1. ConsTITUTIONAL LAW (§ 68*)—STATUTES—
VALIDITY—NATURE OF QUESTION. ;
The constitutionality of an act is strictly
a judicial question, though it may involve the
legality of holding an election and thereby have
a political effect.
[Ed. Note.—Ior_other cases. see Constitu-
ey Law, Cent. Dig. §§ 125-127; Dec. Dig. §

2. CoNnSTITUTIONAL Law & 26*)—STaTE CON-
STITUTIONS—NATURE,

A state Constitution, unlike a federal Con-
stitution, which is a delegation of powers, 1s
restrictive.

[Ed. Note.—For_other cases, see Constitu-
tional Law, Cent. Dig. § 30; Dec. Dig. § 26.*]

8. Exections (§ 38*)—TIME FOR HOLDING.
An election cannot be held at a time not
designated by law.
{Ed, Note.—For other cases, see Elections,
Cent. Dig. § 27; Dec. Dig. § 38.*]

4, Erections (§ 30*)—STaTUTES (§ 64*)—GEN-

ERAL ELECTIONS—CONSTITUTIONAL Law.

Act June 14, 1912, providing for a gen-
eral election in November, 1912, violates Const.
art. 7, § 11, which provides that the first gen-
eral election in the new state shall be held in
November of the first even-numbered year aft-
er the year in which Arizona is admitted to
statehood; and, by providing for a canvassing
board to consist of the Governor, Secretary of
State, and Chief Justice of the Supreme Court,
violates Const. art. 6, § 11, which makes the
judges of the, Supreme Court incligible to any
office not a judicial one, and Const. art. 5,
11, which provides that the returns of the elec-
tion for all state officers shall be canvassed
and certificates of elections issued by the, Sec-
retary of State; and, by vesting original juris-
diction in the Supreme Court to hear and de-
termine all election contests involving state
officers, violates the provision of the Constitu-
tion which limits that court’s original juris-
diction to specified causes not including elec-
tion contests, but the invalidity of the act as
to state, county, and precinct officers 1s sepa~
rable from the provisions for the election of a
Representative in Congress and for presiden-
tial electors, which last-mentioned provisions
are valid.

[Ed. Note.—For other cases, see Elections,
Cent. Dig. §§ 20-82; Dec. Dig. § 30;* Statutes,
Gent. Dig. §§ 58-66, 195; Dec. Dig. § 64.7)

5. ConsTITUTIONAL Law (§ 15*)—ConstBuc-

TION.

In construing a Constitution it is pre
sumed that each and every clause was inserted
for some useful purpose, and hence the in-

———————

*For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep'r Indexes

Ariz.) STATE v.

strument must be construed as a whole, and
the several provisions harmonized if possible.

{Ed. Note.—For other cases, see Constitu-
tional Law, Cent. Dig. § 9; Dee. Dig. § 15.*]

Appeal from Superior Court, Maricapa
County; J. C. Phillips, Judge.

Application by the State of Arizona, on
relation of H. A. Davis, for injunction against
Sidney P. Osborne, Secretary of State. Judg-
ment for defendant, and plaintiff appeals.
Reversed.

W. L. Barnum, of Phoenix, for appellant.
Lewis T. Carpenter, Asst. Atty. Gen., for ap-
pellee.

PER CURIAM. In this action the ques-
tion is submitted to the eourt whether an
act of the Legislature approved June 14,
1912, entitled “An act providing for general
elections of Representatives in Congress, of
state, county, and precinct officers, and of
Presidential Electors in the state of Arizona;
providing for the method of eanvassing the
vote at said elections; prescribing the meth-
od of contesting said elections; and fixing
the time at which said elections shall be
held”—is repugnant to the Constitution of
the state of Arizona, and whether such elec-
tion may be legally held on the first Tuesday
after the first Monday in November, 1912,
for the purposes designated in the act. In
form the proceeding is an application for a
writ of injunction to Sidney P. Osborne, Sec-
retary of State, restraining him from trans-
mitting notices in writing to the boards of
supervisors of the several counties of the
state under an act of the state Legislature
providing for a primary election for the
nomination of candidates for elective public
offices. The action was begun in the superior
court of Maricopa county, a temporary in-
junction was issued, and on the final hearing
the injunction was dissolved. The matter
involving a question publici juris of im-
portance and general interest to the people
of the state, it was brought before this court
on appeal by an agreed case. It is conceded
that the’Secretary of State is proceeding to
issue a call for a primary election for the
nomination of candidates for elective public
offices, including all state, county, and pre-
cinct offices, and if the act of the Legisla-
ture, fixing the first Tuesday after the first
Monday in November, 1912, for a general
election for state, county, and precinct of-
fices, is void as being repugnant. to the state
Constitution, the action of the Secretary of
State in the premises is illegal, and the judg-
ment of the superior court should be revers-
ed and the temporary injunction heretofore
issued should be made permanent by order
of this court.

It will be seen that the matter presented
ealls upon this court to perform its gravest
function, that of looking at the language of
an act written by delegated authority in
the light of language written by the sover-

OSBORNE 885

eign itself, and declaring which language
shall speak authority, that of the represent-
atives of the people, or that of the people
themselves. It is a duty that this court will
not shirk or evade. Its judges are sworn to
support the Constitution of the state of Ari-
zona and faithfully and impartially dis-
charge the duties of judge to the best of their
ability. This duty we shall perform at all
times while we have the honor to sit on the
bench, against all encroachments from-any
source, but in a manner, we trust, befitting
the highest tribunal of the state. It may be
urged through sinister design or from selfish
motives that this court should refuse to pass
upon the matter presented for the reason
that it is political and not a judicial ques-
tion. We feel persuaded that no lawyer of
standing at the bar would so assert on giv-
ing the matter consideration.

The superior courts have jurisdiction in
all causes and of all proceedings in which ju-
risdiction shall not have been vested exclu-
sively in some other court. The Supreme
Court has appellate jurisdiction in all actions
and proceedings except a civil action to re-
cover money or property where the original
amount in controversy does not exceed the
sum of $200. Our courts are not divided in-
to courts of equity and courts of common-
law jurisdiction, as is the case in those ju-
risdictions whose authorities, if superficially
considered, would lend color to the view that
courts will not decide questions of a political
nature. The jurisdiction in law'and in equi-
ty under our scheme of government is blend-
ed in one court which may give appropriate
judgment in all cases according to the law
and the facts as they may arise.

The superior courts of the state are not
limited to the ordinary injunction in equity,
the scope and purpose of which is limited to
matters involving property or civil rights;
but the prerogative writ of injunction may
be resorted to in all cases necessary to pre-
serve the sovereignty of the state, its pre-
rogatives and franchises. This matter is re-
viewed, and the distinction made is very
clearly pointed out in Case Note, 3 L. R. A.
(N. S.) 382. Matters pertaining to the elec-
tion of public officers are the very highest
prerogatives of the state, and no officer of
the state may proceed in such matter with-
out authority of law for his action.

[1] The constitutionality of an act of the
Legislature, although if may determine the
legality of holding an election and thereby
have a political effect, is strictly a judicial
question. For whether the act is within the
limits of its delegated power or not is a
strictly judicial question to be decided by the
courts, and in no sense political. This prin-
ciple is deducible from the authorities, and
the doctrine was forcibly announced by the
Supreme Court of the United States, speak-
ing through Chief Justice Fuller, in the case

*For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig: Key-No. Series & Rep’r Indexes

eee! fC eee peer

opti

a Pape tht

Pah te

Taine 5

seeeraRt


550: 201 PACIFI:

‘EPORTER (Nev.

“rT, D, Summerfield, district attorney within! State vy, Lung, 21 Nev, 210, 28 Pac. 235, 87

and for the county of Washoe, state of Nev-
ada, in the name and by the authority of the
state of Nevada, informs the above-entitled
court that G. R. Dawson, the defendant above

named, has committed a felony, to wit, at-'

tempted rape, in the manner following:

“That said defendant on the 19th day of
September, A. D. 1920, or thereabouts, anc
before the filing of this information, at and
within the county of Washoe, state of Nevada,
did then and there, he, the said defendant,
being then and there a male person over the
age of 1G years, willfully, unlawfully, and
feloniously attempt to have carnal knowledge
of a female child, to wit, one Mabelle Lock-
ridge, said female child then and there being
under the age of 18 years, to wit, of the age
of 10 years. * * *”

From the judgment of imprisonment in
the state prison for the term of not less than
3 years nor more than 20 years, and also
from an order denying to him a new trial,
the appellant appeals. The assignment of
error relied upon for the reversal of the judg-
ment is stated as follows:

“The court erred in rendering judgment
against the defendant, for the reason that the
information did not state facts suflicient to
constitute a public offense, and particularly
that of an attempt to commit rape, and the
court therefore was without jurisdiction to
enter judgment and pronounce sentence in
said cause.”

Any person of the age of 16 years or up-
wards who shall have carnal knowledge of
any female child under the age of 18 yeurs,
either with or without her consent, shall be
adjudged guilty of the crime of rape. Stats.
1919, p. 439.

Section 6291, Revised Laws, provides in
part as follows: ;

“An act done with intent to commit a crime,
aud tending but failing to accomplish it, is an
attempt to commit that crime; and every per-
son who attempts to commit a crime, unless
otherwise prescribed by statute, shall be pun-
ished as follows. vem

The question presented for our determina-
tion is whether an information (or indict-
iment) grounded upon section 6291, Revised
Laws, which merely avers that the defendant
did attempt to carnally and unlawfully know
a designated female, is so defective that no
judgment could properly be rendered upon

it. It is manifest that the offense of an at- |

tempt to commit a crime as defined by the
statute is composed of two elements: Virst,
the intent to commit a erime; second, a di-
rect act done toward its commission, and
tending, but failing, to accomplish it.

In the early case (1867) of State v. Bran-
nan, 3 Nev. 2838, it was held that an indict-
ment which merely states that the defend-
ants did attempt to commit the crime of grand
larceny was so defective that no judgment
could be rendered upon it. In the case of

; Am. St. Rep. 505, it was held that an indict-
‘ment for an attempt at rape must aver the
| necessary facts and elements of the offense
| with such particularity that the court may
; determine whether or not they constitute an
‘offense. In the ease of State v. Pierpoint, 38

sev. 173, 147 Pac. 214, an indictment for an
‘attempt at rape was upheld against an attack
‘upon the ground that it did not sufliciently

harge an overt act toward the commission
!of the offense. In its opinion the court
quotes section 6291, Rev. Laws, upon which
lthe indictment was founded, and cites with
“approval, and in support of its conclusion,
the case of Glover v. Commonwealth, 86 Va.
;582, 10 S. HE. 420, and 33 Cyc. 1431. While
there is some little discord in the authorities,
this court is committed to the rule that in a
case of an attempt at rape an overt act to
ward the commission of the offense must ba
charged and proved.

It is urged by counsel for the state that,
conceding the information to be defective in
the respect pointed out, the sufficiency of the
information not having been raised by de-
murrer it cannot now be taken advantage of
for the first time on appeal. If the defect
be ene of form, upon reason and authority,
we should hold with the prosecution on this
proposition, but if such defect be one of sub-
stance, upon reason and authority, we must
hold that it can be raised for the first time
on appeal, and is not waived by a failure
in the district court to make the point on
demurrer, State v. Trolson, 21 Nev. 419,
82 Pac. 930.

In view of the authorities above cited,
and the greater weight of authority in gen-
eral, we are of the opinion that the failure
of the information before us to aver any
overt act toward the commission of the of-
fense charged is a defect of substance, and
not of form. Hogun vy. State, 50 Fla. 86, 39
South. 464, 7 Ann. Cas. 159; Williams v.
State, 10 Okl. Cr. 336, 186 Pac. 599; Bond
y. State, 12 Okl. Cr. 160, 152 Pac. 809; Glover
vy. Commonwealth, supra.

It is finally insisted by the state that, since
the statute in express terms designates the
elements of the offense, and the information
charges the offense in the words of the stat-
ute, it is sufficient. But the information does
not charge the offense in the language of the
statute, defining the offense of an attempt
to commit a crime. It merely alleges the
statutory designation of such an offense, to
wit, “attempt to carnally know,” which, in
our opinion, even under the most liberal con-
struction that obtains under our law, is not
sullicient to advise the defendant of the ac
cusation against him.

The judgment is reversed.

DUCKER and COLEMAN, JJ., concur.

Pats aan

Ariz.) ROMAN

v. STATE 551

(201 P,)

ROMAN v. STATE. (No. 508.)
(Supreme Court of Arizona. Oct. 29, 1921.)

|, Indictment and information @-—>139—Defend-
ant failing to move to set aside information
before pleading, cannot object that he was
not legally committed, or that information
was not signed by county attorney.

Under Pen, Code 1913, §§ 972, 973, defend-
ant’s failure to move to set aside information
before he pleads precludes him from thereafter
objecting that be was not legally committed
by the magistrate, or that the information was
not signed by the county attorney.

2. Indictmont and information @=>41(6)—Pros-
ecution on information without preliminary
examination or waiver thereof held not viola-
tive of defendant’s constitutional rights.

Where defendant charged with homicide
waived preliminary examination, his prosecu-
tion on another information, charging the same
offense, after county attorney had been per-
mitted to withdraw the first information with-
out a preliminary examination or waiver of
such examination, held not violative of defend-
ant’s constitutional rights,

3. Criminal law @==1129(3)—Assignment of er-
ror from which it could not be determined
whether testimony was competent held in-
sufficient.

Assignment of error, complaining of answer
of witness to certain question containing the
question and answer, and objection to answer
not assigning any reason why it was incompe-
tent or irrelevant or immaterial, held insuffi-
cient, in that it could not be determined there-
from whether the answer was eompetent.

4. Homicide €==327!/2, New, vol. 13A Key-No.
Series—Insufficient assignment considered in
first degree murder prosecution.

In prosecution for first degree murder, the
Supreme Court will consider insufficient assign-
ment of error in view of the gravity of the
charge, involving the death penalty.

5. Criminal law ¢=-419, 420(10)—Testimony as
to statement made to defendant not inadmis-
sible as hearsay.

Testimony as to statement by father of the
witness held not inadmissible as hearsay, in
view of the father’s previously given testimony
that the statement had been made to the defend-
ant.

6. Criminal law ¢==1166!/(12)—Court’s re-
mark harmless in view of testimony.

Court’s remark, on objection to testimony
as to statement made by father of witness, that
it presumed the statement to have been made to
the defendant, held harmless, in view of father’s
previously given testimony that the statement
had been made to the defendant.

7. Criminal law => 1036(6)—Opinion te’timony
= considered on appeal in absence of objec-
on,
Admission of opinion testimony will not be
considered on appeal, in absence of objection in

lower court that the testimony constituted the
opinion of the witness, or that the witness was
not competent to testify as an expert.

8, Criminal law €=>520(1), 522(1)—Confes-
sions obtained by coercion, threat, or promise
inadmissible.

Confessions obtained by coercion, threat, or
promise are not admissible, since such confes-
sions are as apt to be false as true.

9. Criminal law €=2520(2), 522(1)—Confes-
sion held not to have been obtained by coer-
cion, threat, or promise.

Confession to having committed first degree
murder, made by defendants after they had been
arrested and had been shot after attempting to
shoot officers in resisting arrest, but before they
had been accused of any crime, in response to
question, ““What have you boys done that makes
you so wild?” held not to have been obtained
by threat, coercion, or promise.

10. Criminal law @==520(2), 522(1)—Confes-
sion in response to appeal to conscience held
not procured with threat.

Confession to having committed first de-
gree murder, made by defendants after they had
been arrested and had been shot after attempt-
ing to shoot officers in resisting arrest, but be-
fore they had been accused of any crime, in
response to question: “What have you fellows
done that you didn’t want to be arrested? If
you are the men that done the robbery and
murder at Tempe you better say so, because

held not to have been made under a threat or
promise; the question being merely an appeal
to their conscience.

{t. Criminal law @=-519(9)—Confession in re-
sponse to an appeal to religious or moral
sontiment not inadmissible.

A confession in response to an appeal to re-
ligious or moral sentiment is not inadmissible.

12. Criminal law €=>517(6)—Confession not in-
admissible because made to an officer.
A confession was not inadmissible because
made to an officer.

13. Homicide €=—=30(1)—Defendant guilty of
murder regardless of whether he or accOm-
plice fired particular shot.

Where many shots were fired by defendant
and his accomplice while robbing a store, both
were guilty of murder of a boy killed during the
shooting, regardless of which of the two fired
the particular shot that killed the boy, they
having acted together in such manner as to
make each responsible for the act of the other
in the furtherance of their criminal purpose.

Appeal from Superior Court, Maricopa
County; R. C. Stanford, Judge.

Tomas Roman was convicted of murder
in the first degree, and he appeals. Atlirmed,

Thalheimer & Hart, of Phenix, for ap-
pellant.
W. J. Galbraith, Atty. Gen., and R. B. Le

Shepherd, Co. Atty., of Phoenix, for the State.

€=>For other cases see same tapic nnd KEY-NUMBER in all Key-Numbered Digests and Indexes

you will save some innocent man suffering’—*

ts

eee ewe

Yrrraviy 49

2

—S—S
SA?

“2261-11 (Aqunep edeotzey)

:

y peduey ‘opuedstH ‘seuoy *

«

euozT.I


_—

oe. ae ee

552 201 PACIFIC REPORTER (Ariz.

ROSS, ©. J. By information the appellant
was charged with the crime of murder, com-
mitted on January 11, 1921, in Maricopa
county, by shooting and killing one Thomas
Hintze. Thereafter, on February 16-19, 1921,
the appellant was tried and convicted of
murder in the first degree and his punish-
ment was fixed at death. He appeals from
the verdict and judgment of conviction and
from the order overruling his motion for a
new trial. He assigns several errors which
he claims occurred in the course of the trial.
Lhe first two are so intimately related we
will consider them together. They are:

“(1) The information upon which defendant
was tried and convicted was not a legally filed
information, and the court did not have juris-
diction under said information to try and con-
vict the defendant.

“(2) The defendant was never legally ar-
raigned under such information, nor did he
waive such an arraignment.”

{1] These alleged errors are predicated up-
ou the following facts: The county attorney
filed two informations against the defendant,
one on February 2, 1921, upon which defend-
aunt was arraigned the same day and given
until February 5th to plead. Neither on
lebruary 5th, nor on any other day, was
defendant’s plea to the first indictment tak-
en, but on said duy he was arraigned on a
new information, and given until February
7th to plead. On the convening of court
on February 7th the county attorney asked
to be allowed to withdraw the first informa-
tion and to file the second one, and to the
second he then pleaded not guilty. The ree-
ord discloses that defendant was charged
with the same offense in the informations
us In a complaint theretofore filed before a
committing magistrate upon which he waived
preliminary trial. At the trial and at the
time when the prosecution was about to
offer evidence upon the charge in the infor-
mation, the appellant objected to the intro-
duction of any testimony “on the grounds
‘hat the court does not have jurisdiction of
the matter because of the fnet that the de-
fendant has never been legally committed or
had a preliminary hearing or waived any
such preliminary hearing us provided in ar-
ticle 2, § 30, of the Constitution of the state.”
The defendant made no objections te the
second information at the time of his ar-
raignment, nor at the time that he pleaded
thereto. The statute (section 972, Venal
Code) provides that an information may be
set aside on motion on two grounds: first,
that the defendant has not been legally com-
mitted by a magistrate; and, second, that
the information is not signed by the county
attorney. Under section 973, Id., a failure

on the part of the defendant to interpose a
motion to set aside the information before
he pleads precludes him from thereafter ob-
jJecting that he was not legally committed by

a magistrate, or that the information was
not signed by the county attorney. If the
defendant felt that his rights had been im-
paired or disregarded by the county attorney,
he should have adopted the tnethod provided
by the statute to signify his dissent. Not
having pursued the method provided by the
statute, he will not be permitted to raise the
objection upon the offer to introduce evi-
dence. Quen Guey v. ‘State, 20 Ariz. 36S,
181 Pac. 175; Thomas vy. Territory, 11 Ariz.
184, 89 Pac. 591; People v. Stacey, 34 Cal.
307; People v. Bawden, 90 Cal. 195, 27 Pac.
204. :

[2] The provision of the Constitution the
defendant asserts was violated, forbids the
prosecucion of any person for felony by in-
formation without his having had a prelimi-
nary ¢xamination or waived such examina
tion. The record in this case clearly shows
that defendant waived the preliminary ex-
amination for the specific offense with which
he was.charged aud convicted. We take it
that the whole of defendant’s grievance is
that the county attorney was permitted to
wither. wv the first information filed against
him ©.G to file another information charging
the sume offense. We cannot see how this
in ar 1auner could have prejudiced his
rights. No issue had been joined on the
first in*crmation, as he had not pleaded to
it. A. most what was done was no more
thaa immaterial irregularity.

The .ext assignment is directed’ to the
testin s.y of Helen Teeter, who was testify-
ing in behalf of the state, and to the Jan-
guage of the court in that connection. We
give the question and answer, and also the
court’s remarks as they appear in defend-
ant’s assignment.

“Q. iso you recall anything that happened
there. «2 that time concerning the shooting?
A. Yes. sir.

“Q. Go ahead in your own words and tell
what you saw and heard at that time and
place. * * * A. My father pushed the door
open * * and said, ‘What is the matter.
man? :

“Mr. Hiart: We object to what the father
said, if the court please.

“The ‘Court: Just a minute, please. The
objection is overruled.: This was addressed to
what i would presume to be the defendant.”

[3,4] It is obvious that it cannot be deter-
nined that the witness’ answer or that part
of it to which defendant objected was com-
petent or not, nor can it, for that matter, be
determined whether the remarks of the court
were error from an inspection of the assign-
ment. -In other words, the assignment does
not contain enough of substance upon which
to base a decision. The objection assigns
no reason why what the father said was not
competent or relevant or material. No mo-
tion to strike the answer was made, nor
were the remarks of the court objected to nor

asked to be stricken. For the failure to

-

?
¥
3
b|

os S00

OE tna mera

Ariz.)

ROMAN y. STATE 552

(201 P.)

specify wherein the answer of the witness
was improper or the failure to object to the
court’s remarks so that he might correct
them if erroneously made, we might well
refuse to examine the assignment, but in
view of the gravity of the charge against
the defendant, involving as it does the death
penalty, we will treat the assignment as be-
ing sufficient to present the question of the
competency of the witness’ answer, as well
also the right of the court to make the re-
marks complained of. Before Helen Teeter
was put on the stand her father, D. S.
Teeter, had testified. In his testimony he
had stated that while he was eating his sup-
per at about 6:30 p. m. on January 11, 1921,
he heard some 10 or 15 shots fired, and that
he and two or three others of his family
went to the door of his house facing on the
alley when he saw defendant; that he stepped
outside, and the defendant came within
about six feet of him and said, “For God
sake get out of my way,” and “I said to
him, ‘What is the matter, man? and he said,
‘For God sake get out of my way.’” D. 8.
Teeter, it will be seen, testified positively
that he was speaking to the defendant when
he said, ‘What is the matter, man?’ And
this is the language repeated by the daughter
to which the above objection was made.

{5,6] The defendant in his brief insists
that the evidence was hearsay, and its admis-
sion for that reason was error. This cannot
be so, inasmuch as the language was directed
to the defendant and was uttered in his
presence. There had been evidence by Mr.
Teeter that his remark was addressed to the
defendant, and the comment of the court was
doubtless based upon that positive testimony.
The court was clearly right in overruling
the objection, and in view of the positive
identification of the defendant as the per-
son to whom it was addressed, in presuming
that the remark was addressed to the de-
fendant.

Defendant’s next assignment is in the fol-
lowing language:

“While the witness F. L. Goulette was testi-
fying for the state, the following question was
asked:

““Q, Did you find a bullet hole there? A.
Yes, sir,

“Mr. Thalheimer: If your honor pleases, we
object to the witness testifying, unless he tes-
tifics as to the character of the indenture upon
the front of the door.

“*The Court: hat is what he is going to do.

“Mr. Thalheimer: Ie said a bullet hole.

“*The Court: Counsel has said a bullet hole.
He is asking about a bullet hole. I think
the objection may be overruled. He may an-
swer.’”’

17] Defendant argues in his brief that the
above evidence was objectionable because it
was the opinion or conclusion of the witness.
That may be true, but no such objection was

the witness was not competent as an expert.
In other words, the question which he now
presents was never presented to the lower
court for a ruling.

Two witnesses, Henry R. Swink and Harry
J. Saxon, testifying in behalf of the prose-
cution, were permitted, over the objections
‘of the defendant, to state a confession of
one Victoriano Martinez and the defendant,
made at Calabasas near the Mexican line,
at the time of their apprehension. The ad-
mission of this testimony, it is earnestly
urged, was error. The confession and the
circumstances under which it was made can
be best understood and appreciated if we
relate briefly the facts of the crime and cir-
cumstances of the arrest of the defendant.

On the evening of January 11, 1921, at
{about 6:30 o’clock, two Mexicans, operating
together, held up and robbed what is known
'as the Baber-Jones Store in the city of
| Tempe, Maricopa county. One of them stood
; guard on the outside with a rifle, while the
other entered the store and held up Mr. H.
C. Baber, a member of the firm, and took
from him about $290. During the time that
it took to rob the store a great many shots
were fired. The man on the outside had a
rifle and was shooting indifferently at every-
body that came in sight, while the man in
the store who was doing the looting shot
Mr. Baber twice dnd possibly discharged
his revolver more times. Besides wounding
Mr. Baber very seriously, a nine year old
boy by the name of Thomas Hintze, and a
' deputy constable by the name of Spangler,
were killed. The desperadoes then fled from
the scene, and were traced by an unbroken
chain of evidence to Calabasas near the
Mexican border where they were arrested.

On the morning of the 14th of January, at
about 8:30 o’clock the automobile stage run-
ning between Tucson and Nogales reached
Calabasas, where there happened to be at
that time two United States government
inspectors and line riders, Henry R. Swink
and Iarl A. Lemon. There were also there
at the time two cattle men, Harry J. Saxon
and R. Pugh Leatherman, After the stage
had stopped the defendant and his compan-
fon Victoriano Martinez alighted, and they
had proceeded away from the stage only a
few feet when Swink said to them, “Stop!
you are prisoners.”” He then called to Lem-
on, who brought a pair of handcuffs. As
Swink was walking with his head down, un-
locking the handcuffs, and when he had ap-
proached within about four feet of his pris-
oners, the defendant, Roman, jumped back
and said, “No,” and at the same time drew
a revolver, threw it down on Swink, and
demanded that the latter surrender, at the
time discharging his revolver. At about the
same time some one shot at the defendant,
striking thé arm holding his revolver, where-
upon it fell to the ground; almost instantly

made at the time, nor was it objected that

he was shot again, and he fell to the ground,


oF 3S oy

a ee

Sam tl
=i =

«
—_

554 201 PACIFIC

and as he fell he called to his companion, {
Martinez, to shoot. Martinez thereupon
grabbed the gun that had fallen from de-
fendant’s hand, and threw it down on Swink,
who thereupon shot Martinez, the bullet en-
tering his neck. The defendant and his com-
panion were placed upon a blanket and made
as comfortable as possible, where they re-
mained for awhile. After a bit they re-
quested to be allowed to sit up.

Harry Saxon relates that he took a seat
right near by the defendant and Martinez,
and asked them the question:

“What have you boys done that makes you
so wild?” and “they hesitated a little, and then
Martinez spoke up and said, ‘We robbed a store.
* * ** Martinez, before he told me that,
turned to this Roman and said, ‘We might as
well tell, we are up against it now,’ and Roman
nodded his head as if to say ‘Yes.’ Roman
didn’t talk much. He seemed to be pretty sick.
Martinez then said, ‘We robbed a store and
killed some few people in Tempe,’ and I said to
Roman, ‘Is that right? and he said, ‘Yes.’”

Upon Swink returning from the house
where he had gone to get a drink of water
or a blanket, Saxon asked Martinez and
defendant questions in Swink’s presence, and
they made the same statement, or practically
the same statements. Swink in his testimony
relates that he heard Saxon say:

“What have you fellows done that you didn’t
want to be arrested? If you are the men that
done the robbery and murder at Tempe you
better say so because you will save some inno-
cent man some suffering.”

And to this Martinez said:

“We are the men that robbed the store and
killed some people at Tempe.”

Then Roman, being asked by Saxon, “Is
that so?’ nodded his head in assent and said,
“Yes.” Before the witness Swink testified
as to the confession the court asked the de
fendant whether he wished to question the
witnesses concerning the circumstances of
the confession, and the defendant’s counsel
replied that they would do that on cross-ex-
amination. In the cross-examination no ef-
fort was made to show the statement was
induced by threats or promises.

The defendant testified in his own behalf.
On his direct examination he gave his ver-
sion of the confession as follows:

“One of the gentlemen in the crowd says to
us, ‘If you are the ones that made the assault
at Tempe, why do you not say it?’ As I dia
not consider myself guilty, I didn’t answer and
kept quiet. Then Martinez answered and says,
‘Yes, I am,’ and they says, ‘Are you?’ and I

REPORTER (Ariz.

[8-10] The question is: Were these extra-
judicial statements by defendant under the
circumstances in which they were made vol-
untarily made? If so, they were admissible.
Otherwise, they were not. It is the law that
confessions “obtained by coercion or threat or
promise will be subject to objection.” Hardy
v. United States, 186 U. S. 224, 22 Sup. Ct.
889, 46 L. Ed. 1187; Bram v. United States,
168 U. S. 532, 18 Sup. Ct. 183, 42 L. Ed. 568,
This is upon the theory that such confessions
are as apt to be false as true.

“The fundamental principle upon which con-
fessions have been excluded which are induced
by -promises or threats, hope or fear, is that
under such circumstances the temptation to
speak falsely is so great as to render the state-
ment entirely untrustworthy.” Territory vy.
Emilio, 14 N. M. 147, 89 Pac. 239.

The defendant and Martinez, at the time
they made their statement, had not been ac-
cused of any crime, and it is doubtful if
they were even suspected by Swink as hav-
ing committed the murders and robbery at
Tempe at the time he undertook to arrest
them. It is not shown how long after the
defendant and Martinez had been subdued
it was before they confessed. It was, how-
ever, not immediately. It was not first made
to the oflicer, Swink, but in his absence, to
the civilian Saxon. Saxon did not accuse
them. He said, “What have you boys done
that makes you so wild?” .There was cer-
tainly no threat or promise in this question.
The desperate resistance to arrest no doubt
aroused in the mind of the questioner a sus-
picion and prompted the question, and what-
ever may have been the reason that actuated
the defendant and Martinez in confessing
their connection with the Tempe murders
it is not apparent that they did so under
any threat, or fear, or hope, or promise.

{10] True, Swink in his testimony gives a
slightly different version of what was said
when upon his return Saxon sought to get
a repetition of the confession made to him.
Swink says Saxon’s question was:

“What have you fellows done that you didn’t
want to be arrested? If you are the men that
done the robbery and murder at Tempe you
better say so because you will save some in-
nocent man suffering.”

{11] The courts have in many cases held
that an adjuration to an accused “that it
would be better to tell the truth” may be
so worded as to imply a threat or a promise
making it inadmissible as evidence. A num-
‘ber of such cases are cited by Mr. Justice
White in his very able and elaborate opinion
in Bram v. United States, 168 U. S. 532, 18
Sup. Ct. 183, 42 L. Ed. 568. We do not think

says, ‘I want some water.’ That was all, and

I didn’t speak a word. * * * I didn’t nod my;

head when they asked me whether what Mar-
tinez said about the crime in Tempe was true.
* * * JT was sick, but I was with my five
senses.”

‘the admonition to the defendant and Mar-
'tinez in this case is of that character. In
effect they were told that if they had com-
imitted the crime at Tempe, by admitting it,
they would save innocent persons from there

veces

Colo.) FARMERS’ HIGH LINE CANAL & RESERVOIR CO. v. WEBBER 5o5
(201 P.)

after being accused of it or punished for
it. There was no promise of leniency held
out to them in that; nor did it contain any
threat. It was rather an appeal to their
vonsciences. The rule seems to be that a con-
fession in response to an appeal to religious
or moral sentiment is not inadmissible. State
v. Williams, 129 La. 215, 55 South. 769, Ann.
Cas. 1915B, 302, and note. Both the defend-
ant and Martinez had been very seriously
wounded, and were at the time doubtless
suffering considerable pain. Martinez died
very shortly thereafter. Believing that
death was impending, it is possible that there
was enough of the milk of human kindness
in these men to prompt them to save, as sug-
gested by the officers, others from being
charged with the offense of which they were
guilty, and hence their confession. The in-
ducement to speak up was not of a temporal
or worldly nature.

{12] The confession was not inadmissible,
because it was made to an officer. Sparf v.
United States, 156 U. S. 51, 715, 15 Sup. Ct.
273, 89 L. Ed. 343; Wilson v. United States,
162 U. S. 618, 16 Sup. Ct. 895, 40 L. Ed. 1090;
lindsey v. State, 66 Fla. 341, 63 South. 832,
50 L. R. A. (N. S.) 1077, and note 1084, Ann.
Cas. 1916C, 1167.

The defendant who was a witness in his
own behalf did not claim in his testimony
that any coercion or threat or promise was
made by Swink and others who arrested him
and Martinez. He admits that Martinez con-
fessed that he was guilty of the Tempe of-
fense. From his own mouth he aduwits hear-
ing Martinez confess to the crime. He says
that he was in possession of his ‘five senses.”
lle does not deny admitting that he was pres-
ent and participated with Martinez in the
crimes. We think this assignment of error is
without merit, and that the confessions were
properly admitted.

The refusal of the court to give the fol-
lowing instruction requested by the defend-
ant is next assigned as error:

“You are instructed that, even though you
may believe from the evidence that the defend-
ant was the man who shot H. C. Baber, the
owner of the store which was robbed, unless
you further believe from the evidence beyond
all reasonable doubt that the defendant fired the
shot which killed the boy Hintze, and that such
killing of the boy Ilintze was a willful, pre-
meditated, and deliberate action on his part,
you must bring in a verdict of not guilty.”

{13] From the statement of facts hereto-
fore given it is clear that this instruction is
erroneous, and was very properly refused.
It could make no difference whether defend-
ant or Martinez actually shot and killed
Thomas Hintze. It is clear that they acted
together in such a manner as to make each

We have very carefully and thoughtfully
looked into the record of this trial, and are
satisfied that the defendant was accorded
all of the rights he was entitled to under the
law, and that no error of a prejudicial char-
acter was committed in his trial.

The judgment is therefore affirmed.

The date of April 29, 1921, originally fixed
for defendant’s execution, having passed, it
is ordered that judgment be entered by this
court fixing the time when the original sen-
tence of death shall be executed, as required
by section 1177 of the Penal Code.

McALISTER and FLANIGAN, JJ., concur.

FARMERS’ HIGH LINE CANAL & RESER-
VOIR CO. v. WEBBER.
(No. 9862.)

(Supreme Court of Colorado. June 6, 1921.
Rehearing Denied Nov. 7, 1921.)

!. Waters and water courses €=>152(5)—Gen-
eral averment of ownership of water right, as
against defendant claiming samo priority un-
der sams appropriation, held sufficient.

In action to establish plaintiff’s title to water
out of defendant’s ditch for irrigation purposes,
where plaintiff and defendant claimed the same
priority under the same appropriation, made
through the same ditch, at the same time, by
one construction, allegation of the ownership
of the water right without the facts showing
appropriation held sufficient.

2. Judgment €==251(!)—General allegation as
to ownership of water held to support judg--
ment on proof of title by appropriation.

In action to establish plaintiff’s title to wa-
ter, general allegation of ownership held to sup-
port judgment for plaintiff on proof of owner-
ship right by appropriation, notwithstanding
specific allegation as to having acquired title
by prescription, where defendant was not per-
mitted to amend complaint during trial by alleg-
ing title by appropriation, since if complaint
was not good without such allegation, the
amendment should have been allowed.

3. Pleading ¢=>248(17)—Amendment of allega-
tion as to title to water by appropriation held
not to state a new cause of action.

In action to establish plaintiff's title to
water for irrigation, where complaint contained
general averment of ownership and a specific
allegation as to title by prescription, amend-
ment alleging title by appropriation did not
state a new cause of action.

4. Waters and water courses ¢=>152(8)—Evi-
dence held to sustain finding as to ownership
of water by right of appropriation.

In action to establish plaintiffs title to
water out of defendant’s ditch for irrigation of

land, evidence fcld to sustain finding as to

responsible for the act of the other in the \ plaintiff's ownership of water by right of appro-

furtherance of their criminal purpose.

priation.

For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

——S
rate}

Becta ded

Trrurty so

ors

4 Ai il Macc ta NNN i init lt NaN id

ee ii MONI ita AO


inal Deputy Ernest Roach, and Deputy
_ Roderick Walker were in a prowl car
“speeding west.

The big Bradley ranch was located
30 miles from Phoenix, between the two
agricultural communities of Perryville
and Buckeye. Jird Long, the ranch
foreman, and Sheriff Merrill were old
friends.

On that long. wild drive through the
_ low flat desert country, dotted with
-saguaro and mesquite, the three officers
could’ only speculate as to what they
- would find at the end of the trail. None
of them had ever. heard of Charles

e one unnoticed
‘small-town dance it

. city night, club—but at
‘was. s “unusual that it made an. investigator
C {Photo posed by professional models.)

Goade, the man who was

Long was waiting where the ranch
road turned off the main highway. “Have
to leave the car here,” he announced.
“The body’s in a clearing about two
miles over that way.” The tight-lipped
foreman struck out across the fields at
a rapid pace. The sheriff and_ his
deputies followed.

When they'd gone about a mile and
a half, Long pointed to a clump of
towering Palo Verde trees. “There's a
shack under them trees, That’s where
Goade lived. Body’s in a cotton wagon
at the edge of the clearing.” Then he

,
i

icone ES,

murdered. -

{ ON HOT NIGHTS Charles Goade slept in
a cotton wagon like this—and whoever
killed him must

pushed on across the irrigated acres.

Most of the land was in cotton and the
tough waist-high thorny stalks loaded
with puffy cotton bolls made progress
difficult,

The various fields were separated by |

stout four-strand barbed wire fences.

There were no gates and the wires had — :

to be spread for the officers to pass .
through. By the time they reached the
clearing, all four men were Perspiriniges,
freely.

The house under the trees was a sim-_

ple one-room building but it glistened

with new paint. Gay pink geraniums in.

have known _ that.

.

o-


a tiny window box added their touch of color, and in front of
the house there was a small patel of well-cared-for grass,
Long pointed to a stake-sided trailer parked a hundred yards
away at the edge of the clearing. It was the sort of four-
wheeled wagon used to haul cotton from the fields to the gin.
“Charley's in the wagon. Sonny Hall found | chim this
morning. 1 came down here before I called you.’
They crossed the clearing and Roach climbed the ladder-like
sides of the wagon. The body of a middle-aged man, fully
clothed, was lying face up on a pile of freshly picked cotton
‘bolls. The right side of the man’s face was horribly crushed
and the skull was broken above his right eye. Blood had spilled
down through his thin gray hair and splashed across ‘the white
cotton blossoms.

Roach dropped to his knees beside the body. It was plainly
evident that Charles Goade had been killed in the wagon.
There were four black streaks across the old man’s face and

-four similar marks running from elbow to wrist on the under .

+side of his right arm.

With gentle hands Roach turned the tortured body and
carefully searched the dead man’s pockets. He found a jack-
knife, a package of Bull Durham, and a box of matches. Knot-
ting these things in a handkerchief, he tossed the bundle down
to Walker. Then he climbed over the side of the truck and
dropped to the ground.

“Looks like somebody clubbed him with a wrench or some-
thing. There’s some peculiar marks on his face. Might be
grease. Not much in his pockets, Nothing to indicate he
put up a fight.”

Sheriff Merrill nodded and turned to Long. “Tell us what

4,7 know about him. Did he get. along all right with the
other men on the ranch?”
According to the foreman, Charles Goade was well liked by
his fellow workers. “He didn’t mix much. Preferred sleep-
ing down here to living at the bunk house. He was a pe-
culiar old cuss but a good worker and ‘I liked him.”
“He didn’t get’ along with everybody,” Roach observed.
“Somebody hated him enough to kill him and it couldn’t have
-been robbery. Chances are this old duffer never had more
than 20 bucks in his life.”

Long started to speak, then thought better of it and held
his silence.

“What do you think he was doing in the wagon,
Merrill asked.

“Sleeping. When the nights got hot Charley moved out-
- side. About two weeks ago he asked me if he could use this
trailer. I told him it was all right with me. He got a team
and moved it down here.”

Jird ”

+

Roach nodded thoughtiully, What reason ‘could any ones
have for this brutal attack on a sleeping old man ? What ‘pas:
sion had driven a killer to make that long trip across the fields
in the dark? The slaying of Charley Goade was apparently a’
crime without reason. Only one thing seemed certain at this
point. The murderer
Goade’s habit of sleeping out.

Roach turned to: Long.
in the last month?
anybody ?”" a

Long shifted his weight uneasily from one foot to another. 3
“Well, there was one thing. | didn't want to say anything.
about it because it might look like | suspected someone. And)”
I don’t. 1 told you Charley was a peculiar cuss. About twoo
weeks ago, he was sitting around the bunk house with the.
boys after supper.
cause old Charley had done a lot of prospecting, they asked
his opinion about something or other.

“1 don’t know just how the argument started.
some bragging about a rich prospect he claims to have out
in Rainbow Vallev. Red Simmons laughed at him and Red
and a couple of.the other boys ribbed the old man pretty |:
heavy.” - os

“Who's Simmons?” Roach asked.

“One of the hands. He’s been here three years.’

“What finally happened?”

“Well, the way I got the story, Red and these other fellows
kept after the old man. They ‘said if he knew where there =

“Anything unusual happen here ee
The old man have any arguments: with <

had been someone familiar with C harles' ss, ;

They got to talking about gold, and be-

Charley did ="

ie
was a mine, why wasn’t he rich? What was he doing work-)» ce
ing for $60 a month? Charley lost his temper. Told the

boys he had plenty and flashed a big roll of bills. * The fellow |
who told me about it claimed there was four or five hundred
dollars in twenties and fifties.
“Wait a minute,” Roach interrupted. “You mean the old 2
man was carrying a roll like that around with him?”
Long nodded. “‘That’s what they tell me. 1 wasn’t there:
at the time.” ss

/

HIE FOREMAN’S WORDS altered the entire situation.

Four or five hundred dollars was a lot-of money. Charley
Goade had signed his own death warrant that night in the»
bunk house. One of the men present had decided to rob the ~
old prospector and had killed to accomplish his purpose. ;

“Where did he carry his money?” Roach asked.

“Supposed to have been in.an old tobacco sack in his shirt ©
pocket.”

“Tf he had it, it's gone now,” Roach observed, dryly.

Roach and Merrill were Posdtea at the. sudden turn of...

/

IF ONE OF THE RANCH HANDS killed Goade, he must have raced in record time across the

weed-tangled land shown below.

Then officers learned that one of them was a track star! ©”

De Lee a toe tae ae othe Le he
" OE Pa

‘ 7 ake »

~ JACK ODOM (above) looked

~ like a suspect—but his alibi

that he’d had a heart attack

‘on the murder night seemed
*  gound.


NELSON, Frank,

es

black,

hanged Solomonville, az 7/2/1891,,

>
ee
foe

Acti ting Govern ar Murphy. respited |
i Prank Nelson. who waste shane: at
| Solomon ville on the 10th inst. fe Obes r
i GAY. +) petition is being circulated
asking that the seutence in his case be
commuted to life Imprisonment, ~The
ten days term of the. District Court
closed on, the i8th. inst. There. was
PMO feontiction. -. Bell Giakely, who
bacutar a Mi LY isan arablor at -‘Thonias 9.
Ye arava, whs tried, The oe hung. :

j 4
t

Ae — q
Ce CO ry, l pt O, aie TY,

CG’ ~ 2
<> me
$9,
a Bi ank Ne lon, colored, an ex-soldier,

who murdered his mistrass and ohilt
List July, was hanged at Solainon ville
: Satarday last. for the-crinie ~~ THe
a4 ule sed his: guilt, declared that he
ays Ay w iliing to die for the lives he took,
aah was baptized in-the morning by a
iid af wind Tece iver Into. the C: atholte.

ek ce

Cligren ~ The-crtme was comnvitted
ne Recount of Jeclousy. The woman
pat the lime was cetu a yeu he to go

away. Them diieg

| Soe
"Chace ura Ae By,

7-5-0789 |

aos



fengant, James ©. Rawlins, naving been brougnt be-

rore this Court on this date by tne said Superintend-

sel, and this Court having made inauiry into the
facts surrounding the delay in executing said judgment

and sentence, and it apvearing to this Court that on

sentence upon the defendant, James C. Rawlins,
Rawlins naving been brought into
Court and his counsel, and the County Attorney being

present, tne defendant standing in Court, the following

2415

sentence was oronounced by tae Court and ordsred entered

The County Attorney of Greenlee County, Ari-
zona, having filed an information against you, James C.

.

Rawlins, in this Court on the first day of Seotember,
1942, charging you witna the crime of murder, committed
in the County of Greenlee, State of Arizona, to which in-

formation, uvon arraiznment on the 1lOth day of
> = ws J

1942, you entered a plea of guilty, and the Court, hav-

<

:

ing on the 1l2tn day of Sepntember, 1942, heard evidence to
=] J Fs 3 >

fix the desree of the crime, and to enable this court to
o bd

ssi
-ge-


RAVRINS
2

James Ce, white, asphyxiated Ari,ona (Greenlee)

‘Information filed by the County

Th He. SUPEL2IOR COUND OF Gms STATE OF ARIZONA,
IN ATD POR TEE COUTTY OF GREEMTLER,.
A Sz Ne 255 28 He 2 2p NE Oe ne of ale he ake ake ote Ne ate ot : :
STLPTE.OF “ARIZOEA, )
-VvVs- ) AFFIDAVIf.

JAMES G. RAVLIIS, )

Defendant. )
State of Arizona, ae

ss dete
County of Greenlee ra
H. Earl Rogge, being first ST adeream

says: That on the end day of Ss ecuveks.

1942, he was appointed by the above entitled Court as At-

torney for the above named Defendant. that as such attorney

he has tried to discuss with said defendant matters connect~
ed with and arising out of the criminal offense charzed by

Attorney of Greenlee County}

That affiant has been unable as such attorney to secure a

coherent statement from said Defendant relative the offense

or his connection therewith if any; That said Defendant has

failed and refused to assist in his defense and affiant has

reason to believe and upon such information and belief alle-

ges that said Defendant is mentally defective to the extent

that he is wnable to understand the proceedings against him

or to assist in his defense.

Further aff eth nots

iant sa
Wea Cat Hey T=

' Subseribed and sworn to before me Ae

ee A B Aefeanan!

LALA, VA
) Clor! Kibet he

of ee ay Ory th
chgerlea County twice,

ord

(

day of September, 1942.

yt

y/

LA

a rrr vel 3 *
re ta ‘
ae i 24
- i ~ ; a?
z wrt A lee
t= .

pre 15.4042
we JS 'SOR
wt ahd Dane: bee enn en ele
IS te (2 wie e “hr  petgete 7
10) Pas SUPSRIOR CaAugR? oO ; 2 4

N AND FOR Tat COUNTY OF GREENLES.

aman Ty) aprec
a ds ot Le VS anlLoviiany,

Wo. 1165

TAIPDaQ Meet ets ADAH WTDAADT IO mA raANTI MTA
JabibS Ue Stab LND , ORDER DIRSCTING Baw LO
rates) 2 wk el “1, Tent Ay Ga apes rin
Oa JUDG * AD Otsv loi Os
~ AAs ath ies " ahs ut wad ane Whee a a oe
efendant. Ox fLATNG
wey
de he e

or NM oe Hoe MH oe Mt

In the above entitled matter, a verified appli-
cation having oeen filed in this Court on the 9th dé

of December, 1942, by Bryant w. Jones, County Attorney

forth among other things that a judgment and sentence of
deatn has heretofore been entered in this matter on the

15th day of September, 1942, wherein the said defendant,
J

lee, State of Arizona, and wherein it was ordered that

tae penalty inflicted upon th dant, James C.

oO
W
ie)
=
Qs
Cu
c¢)
Qu ua)
14)
ky

Rawlins, be tnat of death, and that a deatn warrant was
duly issued by this Court and attested by the Clerk hereof,
and that the time set for the execution of said defendant
in said death warrant nas expired, and that said defend-
ant has not been executed, and that said judgment end sen-

tence remains in force, and this Court having on the sai

ALES

Qu

9th day of December, 1942, entered herein an Order Direct-
ing The Superintendent Of The Arizona State Prison To
Bring James C, Rawlins Before Said Court on the 15th day

of December, 1942, and said order having been served upon


Heh SSP Mt Pik Bh:

of

7 -—O
141n

a

or tne cr

+4
aby

et
S
20

re

TOU Pe

x
Jv

tnat

wed
alfa

4

f

gt

7
4

tion o

ome

a

you or

Arizona,

£

or

h

on the 15t

.ao)

$
~

u

* P
“Mw

ana

thereof,

ent

ny

of said vris-

walls

n the

aL

wit

TAL

tas

iA
an A

sai

tae

the nands or

+
ao

on

shall be executed

2 «i
J

b

you

d

1

3S unti

Ba

you lethal

wa
ae

your so

d

on

e mercy

av

1
L

t cer-

x

in tha

t

Con-

ex rel Joe

Arizona,

aw
of

orm

+
-tuy

er
vy

Coun

cr2enlee

tOP

f

Writ oO


‘ed for
ihn
Hiss

nedded his
ushed his
k on his
u for a
I abbed is
ce he was
x times—
lle De re.”
ved to beamanin
sprawled under a
:niper, huddled on
utflung, one knee
in’t been for the
‘ mistaken
sed in his

son

as he

re dispelled
‘ginal hue of
sport shirt was
bscured by blood,
the upper part of
.e ground beneath
ly had soaked up
»man’s life blood,
lish-brown color.
ie sher{f ordered
‘ prepared to ex-
her.
aan who had dis-
er victim, Coke
Holbrook was a
’ carpenter from
1essee. He had
htseeiny tour on

‘ he'd been driv-
’ under a blazing - 5

Sher. Cecil Richardson (I.),
from death scene—victim’'s

sun, and it was a welcome relief when
he reached the comparative coolness
of the Arizona uplands. He had
visited the Petrified Forest, skirted
the Painted Desert, viewed Meteor
Crater and crossed the wildl y colorful

’ Canyon Diablo. As he mounted the

forested slopes of San Francisco
Peaks on the final pull into Flagstaff,
he had decided to stop for a spell and
stretch his legs. -

The purple berries on a verdant

_ clump of juniper had caught his eye
* and he walked closer for a better look.

When he found a barbed wire fence
barring his way, he lifted the top
strand and slipped through. After
taking just a few more steps he had
almost stumped over the body.

“I stopped just long enough to make
sure the poor fellow was dead,”
Holbrook told Deputy Coke. “I felthis
wrist and it was cold. I was sure he
was beyond help.”

His attempts to flag down a car
failed, he said, when Route 66 sudden-
ly seemed to be devoid of all traffic, so
he got in his car and headed for the
nearest phone. To make sure he could
find the place again, he said, he
pushed a big boulder near the road’s
edge before he left. The boulder was
still there.

Sheriff Richardson, meanwhile,
had noted that the dead- man’s
clothes—a light-colored sport shirt,
smartly tailored slacks and loafers-

_ were of expensive quality. He ha:
_ been stabbed repeatedly in the bac!
_and abdomen. A light-colored ho
lying a few feet away also bore
P bloodstains

(Hae : :
Coroner James Brierly (c.), Dep. Bob Coke examined evidence recovered
oodstained hat, and a hunting knife, its blade streaked with dried

b

Circling outward from the body,
Richardson came upon a gleaming
bone-handled hunting knife lying in
the grass. Its six-inch blade was
streaked with dried blood. The sheriff
instructed Deputy Coke to go back to
the cruiser and radio a report of their
findings to headquarters. Soon
afterwards they were joined at the
death scene by Undersheriff Cole and
several deputies. Coroner James F.
Brierly and his staff physician, Dr.
Jan L. Sitterley, arrived with an am-
bulance. .

Dr. Sitterley estimated the
murdered man had been dead
between 12 and 24 hours. He pointed
out that because of the extreme
temperatures at that 6,000-foot
altitude—broiling hot days and freez-
ing nights—an autopsy would be
needed to pinpoint the time of death
more accurately. He said the victim
had been stabbed at least six times,
and it appeared that any one of the
knife wounds could have been fatal.
He was reasonably sure that the gray-
haired victim was slain at or near the
spot where the body was found.

A search of the dead man’s pockets
failed to turn up a wallet, or any other
identification. The only money found
was less than a dollar in small
change. The clothing on the corpse
bore no identifying labels or marks.

But one clue to the victim’s identity

soon forthcoming. Snagged on a
several yards away, one of the

‘s found an opened envelope

uning a business letter. It was
.aressed to a Mr. Ary J. Best,
Whitesett Avenue, Los Angeles,

blood

California.

“It was mailed a week ago,” Sheriff
Richardson said after examining it,
“and forwarded to him in F ollett,
Texas. The letter is from a real estate
firm, sending Best a check for $500.
The dead man could be Ary J. Best.
The check’s not here, so he probably
cashed it. His $500 could be the motive
for the crime. We’ll soon find out.”

The skills of a good lawman are
conditioned by his environment. To
an ace homicide detective of a large
metropolitan city, the ground signs at
this Arizona death scene probably
would have been meaningless. But to
Sheriff Richardson and his deputies,
faint footprints in the rough, pine-
needled ground, blurred and sketchy
as they were, told a story.

The tracks indicated that three peo-
ple had walked about 25 yards in from
the road to where the body was found.
They had climbed through the barbed

. wire fence.

But only two people had walked
back to the highway. One set of tracks
looked as if they were made by a big,
heavy man. The other set appeared to
be those of a woman. Near the spot
where the body lay, too, a small
scuffle had taken place.

This was all that could be deter-
mined at the murder scene. On the
way back to town, Sheriff Richardson
observed to Deputy Coke, “The
killer’s got a good head start on us, but
it could have been a lot worse. If that
fellow Holbrook hadn’t picked that
one spot on all of Route 66 to stop, the
body might have lain there for a
year—maybe more, It was a million-

49

vious corpses had been

victim was a smallish
She was pretty like her
vith a ripe, voluptuous
snails were painted red,
ain to the mechanic who
‘t her corpse, because—
—she was stark naked.
had been searching for
came upon her in a nar-
requently used by amor-

0 difficulty in identifying
2 girl. She was a well-
te and on her left fore-
a distinctive tatoo—the
- “Mick”. She was identi-
die Moore, alias O’Hara,
ad lived in West London
rom Ireland. According
ng pathologist, she had
it a week.

‘mmander Ernest Millen
ard ordered the thirty
ing on the case to “find
re he commits murder

s fanned out into night
places, in their zealous
2s. Policewomen in at-
ther clothing frequented
id in the hope of attract-
‘thal eye. As this account
none of these official
‘ought about a solution.
‘angler is still at large—
) kill again, if he is not

*

ichardson explained the
re two men said they
2 next Santa Fe train
d would be there the
< at the body and offer
> they could.

ht, Deputy Hoot Parker
‘ing he had found a
Chev. coupe abandon-
igstaff. It had Colorado,
matched the description
nan Wilson.

led Wilson and asked
2k on the car when he
: Next morning. Wilson,
d on getting into his
g Over as soon as pos-
ir later he called back.
‘p I saw the woman
ning,” he said. “We
dut it’s clean, no blood
of a fuss. But it’s the

ve orders to pull the
< into the county gar-
t went on.
ened until 7 o’clock
g. Then the sleepless
orted,

tan 1958 California
out,” he said. “It’s in
1e home of Jack Harlin
/illiams cop spotted it.
tation attendant. May-

POLICE FILES

‘
if
e
i,

be you’d better high-tail it out here.”

Richardson found Deputy Colt and

several Williams policemen waiting at
the service station where Harlin work-
ed. Harlin was with them.

The gas station man said that around
2:30 in the afternoon the day before,
a big husky character, and a woman as
thin as he was thick, drove into the
place in the tan sedan. They asked if
they could store the sedan with him for
two weeks.

“What I thought was cockeyed,”
Harlin said, “was that the big lug
asked if I could store it some place more
or less out of sight. I told him I’d park
it at my home and he said that was
okay.”

Harlin said the couple called a taxi-
cab and transferred 12 pieces of lug-
gage from the sedan to the cab. He
gave the officers the name of the cab
driver.

The hackie remembered his fares of
the day before and said he had driven
them to the Santa Fe station, where they
had expressed the bags to Los Angeles.
That was the last he had seen of them.

A check in Williams soon revealed
that the gorilla-like man and his emaciat-
ed girl friend—or wife—had spent a high,
wide and handsome afternoon on Friday
drinking at the Corner and Sultana
bars. The bartender at the Corner re-
lated how he had refused to serve the
bear-like character until he had cover-
ed his torso with a shirt. The pair had

caused a stir, not only because of their
unusual appearance but, because they
had flung money around like it was so
much confetti.

“We figured he’d made a hit up at Las |
Vegas,” one saloonkeeper said.

The Santa Fe station was checked,
and the agent there said the two had
made reservations on El Captain and
left on it the night before.

“Hey,” Richardson said, glancing at
his watch, “El Captain hasn’t reached
Los Angeles yet. Our babies are still on
the train.”

He commandeered the agent and a
wire was rushed to the Los Angeles
police, explaining that aman and woman
wanted for murder were. aboard the
El Captain. Richardson said he would

, wait in Williams for a report.

Several hours later it came. Police had
boarded the train at Pasadena, east of
Los Angeles, and arrested the wanted .
couple. Their names were Patrick Me-
hon McGee, 52, and Millie Neil Fain,
43, itinerant farm and orchard workers.
Millie was Pat’s common-law-wife.

They had immediately confessed to
the murder of an elderly man east of
Flagstaff. They had also said they would
not fight extradition to Arizona.

“Whew,” Richardson said, leaning
back. “Let us congratulate ourselves
for a quick wrap up.”. Then he thought
for a moment, “But what a stupid—or
maybe I’d better say, drunken—pair.
They sure left a wide trail.”

oe

=< =

Deputy Clarke Cole was dispatched
immediately to California to bring back
the confessed murderers.

When Ary Best’s kinsmen arrived in
Flagstaff they went to the morgue and
immediately identified their relative.
They said he was supposed to be carry-
ing about $500 in cash when he left
Texas.

On Sunday, Richardson swore in a
crew of some 30 “volunteer” deputies
and a search was launched on both
sides of U.S. 66 between the point of
the murder and Williams. Target of the
drag was Pat McGee’s shirt. Richardson
deduced that the confessed killer had
jettisoned the shirt because it had been
messed with his victim’s blood. The
hunt, however, turned up neither bloody
shirt nor any other clues of significance.

As promised, the murder suspects
waived extradition proceedings and were
returned by Deputy Cole and lodged
in the county jail.

McGee was talkative and told his
interrogators that he and Millie had
met in Longmont, Colorado, the Sep-
tember before and had agreed to travel
as man and wife.

“We had been drinking wine Thurs-
day morning,” Pat said, ‘and our car
had transmission trouble. This guy, Best,
stopped and offered us a push. We start-
ed to drink from my bottle, and he said,
“I’ve got a bottle of whiskey up in the
cooler of my car. Why don’t you get
it?” And when I went to his car ]

CRIME INVESTIGATION

‘the job that offers excitement — security — good pay

Vil Train You At Home—Prepare You in Spare Hours

Yes—There is good money in Scientific
Crime Detection and Fingerprint Iden-
tification . . . but much more than money
alone! Imagine the thrill of being on the
team that apprehends a vicious criminal

. - possibly a remorseless killer... by
modern, scientific means. Trapping him
... helping build an air-tight case with
hard, undeniable facts you’ve helped dig
out! This is what fills the job of CRIME
INVESTIGATOR with daily excitement
...in addition to good steady pay, secu-
rity and advancement opportunity.

Just as I’ve helped hundreds of other ambi-
tious men getinto CRIME INVESTIGATION
... I canhelp you, too. At home in your spare
time, I will reveal and train you in the secrets
of modern Crime Detection, Fingerprint
Identification, Firearms Identification, Hand-
writing Analysis, the art of ““Shadowing”...

and the other skills that the trained Criminal —

Investigator uses in his daily assignments.

POLICE FILES

Many times you have read accounts in
magazines and newspapers how the skill,
training and patience of the Crime Inves-
tigator was responsible for evidence that
convicted the wrongdoer or solved a perplex-
ing fraud problem for a large firm.

It doesn’t matter what you are doing now...
what kind of jobs you held before .. . there is
wide open opportunity for the trained Crime
Investigator. You owe it to yourself to find out
what this fascinating field offers YOU. The
facts are yours FREE .. . you get full informa-
tion just by rushing the coupon below.

FREE—Famous BLUE BOOK
OF CRIME

Just mail coupon for this excit-
ing book... . filled with famous
crime cases and crime facts...
Tells how you can find!
success and security i
Crime Investigatio
Send for your FREE
copy today. No sales-
‘man will call. (Give
your age, please).

INSTITUTE

OF

7, APPLIED

SCIENCE
A

Correspondence
, School
Founded in
1916

Over 800 Bureaus Employ
1A S Graduates

Since 1916 we have been training ambitious,
security-minded men for this work. Our
graduates are leaders in Fingerprint—Iden-
tification — Investigation departments in
every state and all over the free world. Over
800 Identification Bureaus employ our for-
mer students. IAS Training is modern,
highly regarded by Identification speciali

... we teach you the most up-to-the-minute
crime fighting methods. IAS is accredited
by.the National Home Study Council. Rush
coupon for “Blue Book of Crime’’—Free!
INSTITUTE OF APPLIED SCIENCE
A Corr d School Founded in 1916
‘Dept.1254 1920 Sunnyside, Chicago, Ill. 60640
ere ee
Mr. T. Dickerson Cooke, Director
INSTITUTE of APPLIED SCIENCE, Dept. 1254
1920 Sunnyside, Chicago, Ill. 60640
Without obligation send me the Blue Book of
Crime (latest edition) and list of Identifica-

1AS students and
complete facts and

tion Bureaus employin;
graduates together wit
easy terms offer.

Name Age.

Address
Zip

City State. Code
ES ER ET PR NN a REET SL A

[ee

Nn
N


heard Millie holler,

“I grabbed a hunting knife and got
over there fast. I stabbed the guy once
in front and twice. in the back when
he spun around, He Started to groan, so
I got him twice more on the ground so
he wouldn’t suffer.

“Then I took a hundred dollar bill
and two fifties from him.

“It wasn’t a pretty picture,” he added.

Mt Fain also talked. She said:

“We had been following the
crops and were on our way to Los An-
geles to get work. We had been having
car trouble and he (Best) stopped and
gave us a push. Then his car heated up
and we stopped again.

“I went down a little way from the
road and he came along and tried to
attack me. He was hitting me. Pat tried
to pull him off and he got a rock.

“Pat took out his hunting knife and
they had a fight. I don’t know what hap-
pened then. We just left him there. |
didn’t know he was dead. We took most
of the baggage out of our car and put

it in his car and started driving. Pat
told me the guy had $60 on him.”

When McGee was shaken down prior
to be put in a cell, he was carrying
$160 in cash in his pockets.

A check revealed that in 1950 McGee
had operated a bar and poolroom called
the Green Mill in Winslow. The morn-
ing of the murder he had reappeared
in the town and had tried to borrow
money from old friends. All he was
able to raise was $5. When last seen, he
had bought 33 cents worth of gasoline
at the Two-Gun Trading Post station
there.

Police records also disclosed that Mil-
lie Fain had a long history as a pros-
titute throughout the Rocky Mountain
west,

When Sheriff Richardson asked Mc-
Gee to accompany him to the scene of
the crime, he flatly refused.

Millie agreed, however. Calm up
until then, she became semi-hysterical
when she saw the blood blot on the
sand in the pinons where Best had been
murdered. Thereafter, she went into

THE SEARCH FOR MILDRED BONOMI

( Continued from page 39)

phone call from John’s Service Station.
He said he then went to the Music
Circus, getting there about half past
four. He hung around talking to two
officers until the show concluded at ten
after five. He picked up the girls and
drove them home. He admitted that
after leaving the ranchhouse on this
last visit he met Lily Frazer and made
a date to have dinner with her at the
Mayflower Diner in Quincy; then he
went to his room to clean up and waited
for Lily to pick him up there. He said
he was with the blonde until about 11.

“Domenick,” Kane said, “do you
know of anyone who saw Mildred after
two o'clock yesterday?”

“No, I don’t.”

“We haven't been able to find any-
one, either,” Kane said slowly. “That
makes you the last guy who saw her.”

“Chief,” Bonomi assured him earnest-
ly, “I know what’s in your mind and
I want to tell you that I wouldn’t do
anything to hurt my wife.”

\ 71TH no clue to the reason for the
redhead’s disappearance, the two
Officers were at a loss to evaluate
Bonomi’s story. Mildred might be dead.
On the other hand, she might still be
very much alive. There was nothing to
do except wait. In the meantime, they
decided to keep the contractor under
surveillance,

On Friday morning the assault case

was called for hearing in Hingham Dis- gl

trict Court. Domenick Bonomi appear-
ed and pleaded not guilty. The hearing.
was postponed until there was some
word to the fate of his missing wife.

58

spasmodic fits of weeping.

Ary Best’s relatives scoffed at Mc-
Gee’s claim that their 66-year-old broth-
er had tried to attack Millie. They pro-
duced records to prove Ary was an
arthritic with an aggravated hip condi-
tion which did not allow him to bend
and forced him to walk with the aid of
crutches or a cane. They said it would
have been impossible for him even to
get through the barbwire fence which
Separated U.S. 66 from where his body
had been found without assistance,

On December 18, 1959, a jury found
Patrick Mahon McGee guilty of first
degree murder and he was given the
death penalty, the first time in forty
years that this had happened in Coco-
nino County. For her part in the rob-
bery-murder, McGee's common-law
wife, Millie Fain, was sentenced to a
jail term of 14 to 20 years.

Appeals provided McGee with four
more years of life, but the sentence was
at last carried out on March 8, 1963, in
the gas chamber of the Arizona State
Prison at Florence, *

Almost convinced that Mildred
Bonomi had met some terrible fate,
Chief Kane was electrified on Saturday
morning by a telephone call he re-
ceived from Bonomi.

“Chief,” the contractor sputtered ex-
citedly, “Millie is alive! She called my
Office yesterday!”

A few minutes later Sergeants Wal-
ter Jones and James E. O’Connor were .
at the ranchhouse on Gannett Road.
Bonomi ushered them into his Office,
excitement and triumph Clearly depicted
on his face.

He showed the officers a recording
device linked to his telephone. “Let me
explain, first,” he began. “A few months
back I ordered this gadget from the
Phone company. They installed it on
August 26th. It’s made to order for a
businessman who has no secretary.
When I’m not here to answer the phone,
it makes a record of the call—in the
caller’s voice. I turned it on this morn-
ing to see what messages I got yester-
day. Listen.”

The contractor flipped the. control. A
man’s voice filtered out of the machine.
The voice gave a name and telephone
number and then wheezed into vibrant
silence. A man’s voice came on and
said, “Hello, honey.” What. followed
was blurred but seemed to be a mes-
sage from Mildred Bonomi to her hus-
band.

“That man you just heard,” Bonomi
said exultantly, “telephoned yesterday
afternoon, and I can prove it. And
Millie’s call was recorded after his.
She’s still alive!”

The two cops exchanged puzzled
ances. They made arrangements for
relatives of the missing woman to come

to the house to listen to the recording.
While an audience of Mildred Bonomi’s
family .and close friends

gathered

around the machine, Domenick played

the disc again.

When the experiment was over the
two officers looked at the group in the
room. Everyone declared the recorded
voice. was not that of Mrs. Bonomi. At
most, they said, it was a crude imita-
tion,

Was Mildred Bonomi still alive? Was
the recording of her voice genuine? It
didn’t seem likely in view of a new and
Startling development on Sunday. The
Bonomi case had been given immense
publicity throughout Massachusetts. On
Sunday afternoon, Chief Kane was
visited by two women who described
an odd incident they had observed on
Wednesday, the day Mrs. Bonomi van-
ished,

They told Kane that they had been
driving from Marshfield to Cambridge.
About two or three minutes before one
o’clock they were passing the ranch-
house on Gannett Road. They heard
the screams of a woman. The saw a
light panel truck on the lawn. Yes door
Was open and it was backed up to: the
left front door of the house. Near the
truck, a woman with red hair was “
sprawled on the ground, her feet on the
stoop. Bending over her was a man
who was beating her and apparently
trying to stuff a scarf or handkerchief
into her mouth.

“Would you recognize the man?”
Kane asked. :

His visitors shook their heads. “We
only caught a glimpse of him as we
drove by,” one of the women said. “He
was dark and shortish and wearing
khaki. That’s about all we had time to
see.” ‘

The — general description fitted
Bonomi, but the women were unable
to identify him as the assailant. They
assured the chief that the incident had

POLICE FILES

See er te ee

occurred just
noon. At on
Bonomi, he v
and Lassie St
Mary Beth.
This siniste
spurred the h
on for days.
but the officer
before noon t
which gave c

LVIN GA

operator «
Arthur Rodri
the contractor
a curious stor\
of the disapr
the afternoon
project, cleani
which had acc
struction of tt
fires going in
brush and o:
About half pa
in his panel ti
him was Dom
ers noticed th
some papers ;
out of the tr
the nearest fir:
block, and a |
building pape
he was throw
Bonomi said
then drove of
utes later. He
with the men
that time they
lowed in the
morning, at se
at Gardner's
man to ask |
Mrs. Bonomi.
news of the
two men cu
paper. They \
the fires and
fragments of
sembled some
that the paper
dred Bonomi.

These scraj
Over to the of
together. It pr
torn automob
and her driver

Why had [
up the certific
claimed, his v

“He must ki
section like |
Peloquin said
and marshy.”

Understand:
through his
Kane nodded.
gO over that ;
might.”

The order v
Parties to cor
area once aga
to be an inte
foot of terrai:

Officers, te
ployed throug)
Sergeant Jam
Trooper Jam
roadbed itself.

POLICE FILES


McGEE, Patrick, wh, asphyx. A riz. SP. (Coconimo)

- FATAL ENCi

UNTER FOR

5/8 ,1963.

THE GOOD SAMARITAN

The body easily could have gone undiscovered for

years, but by sheerest chance it was found within

a few hours of the murder. And less than 48 hours
later, after jigsawing a handful of unrelated
clues into a revealing crime picture, a canny
sheriff had drawn a bead on a prime suspect

HE 18,573 square miles of

Coconino County, Arizona

cover some of the most rugged
real estate in the United States of
America. The Grand Canyon, big and
forbidding as it is, is tucked into a
pocket in the northwestern quadrant
of this huge county. The top lawman
of Coconino was Cecil Richardson, a
tall, suntanned veteran whose quiet,
unassuming manner often led adver-
saries to underestimate him.

That was a mistake rarely shared
by his constituents and fellow
lawmen. They had learned that
Sheriff Richardson was a peace of-
ficer for all seasons, aman who could

‘cope with all manner of lawlessness
whether the breaks came‘his way or
not. A fellow sheriff once said of him:
“Richardson’s the kind of lawman
who, goes out and makes his own
break when he needs one.”

He might have added that there
was no keener officer in the country
when it came to taking advantage of
any little item that came his way in
the course of an investigation.

Late on a Friday afternoon which
happened to be the last day in July,
Sheriff Richardson had a murder case
dumped in his lap. He was just getting

_ Set to leave for the day when Un-
dersheriff Clark Cole took the call
that came into the sheriff’s office in
the courthouse at Flagstaff.

48

by CHARLES WALKER

Special Investigator for
OFFICIAL DETECTIVE STORIES

Something in the tone of Cole’s voice
stopped Richardson as he was
halfway out the door. When the un-
dersheriff hung up, he said the caller
had given his name as Pierce
Holbrook and said he was calling
from a gas station a few miles east of
the city.

“Claims he found a man’s body in
the brush just off Route 66 out near
Townsend,” Cole said. “Says there’s
blood all over the ground. Looks like
the man was stabbed to death. He’ll
wait at the gas station and show our
men where it. is.”

“Tl take it,” the sheriff said tersely.
Beckoning to Deputy Bob Coke, who
had just walked in, he said, “Let’s go.”

They found Pierce Holbrook at the
gas station from which he’d made his
call. Holbrook turned his car around
and led the way to the place where he
had spotted the body—about 7 miles
east of Flagstaff. As the officers join-
ed him he said excitedly: ‘This is
where I stopped when I was here
before. I just vralked in there a little
way, and thore he was. I never saw
anything like it in my life—all that
blood—I think he was stabbed.”

OFFICIAL DETECTIVE STORIES,
FEBRUARY, 1974

*

Sheriff Richardson nodded his
head affirmatively as he pushed his
broad-brimmed Stetson back on his
head after hunkering down for a
closer look at the corpse. “Stabbed is
right,” he said. “Looks like he was

-nifed at least five or six times—

maybe more. Left to.die here.”

_The victim appeared to be a manin
his sixties. He lay sprawled under a
tree in a clump of juniper, huddled on
his face, one arm outflung, one knee
drawn up. If it hadn’t been for the
blood, he could have been mistaken
for a wayfarer who had paused in his
journey to take a nap.

But the profusion of gore dispelled
any such illusion. The original hue of
his lightcolored sport shirt was
almost completely obscured by blood,

which also stained the upper part of [
his trousers. And the ground beneath |
and around the body had soaked up }

an outpouring of the man’s life blood,
then dried to a reddish-brown color.

“Get his story,” the sheriff ordered

Deputy Coke as he prepared to ex.
amine the body further.
Questioning the man who had dis.
covered the murder victim, Coke
learned that Pierce Holbrook was a

62-year-old bachelor carpenter from §

McMinnville, Tennessee. He _ had
come west for a sightseeing tour on
his vacation. He said he’d been driv.
ing westward all day under a blazing

sun, an
he reac
of the
visited
the Pa
Crater :
Canyor
foreste:
Peaks «
he had
stretch
The
clump «
and he
When
barring
strand
taking
almost
Liste
sure t!
Holbro
wrist a
was be
His ;
failed, }
ly seem
he got
neares'
find t}
pushed
edge bi
still th:
Sher:
had n
clothes
smart]:
were <
been s
and a
lying
bloods


RAWLINGS,
James

(C;
Yes

(Greenlee
2-19-19),3

oday, tEnciose 2€
cost and handling.
—Use This Coupon—

Arizona Republic
Information Bureau,
Frederic J. Haskin, Director,

Washington, D. C.

I enclose herewith TEN CENTS

in coin (carefully wrapped in

peper for a copy of ERY-
DY’S COIN BOOK.

‘

Name cececcsccccccccccsescces

Seeeeseeeeeeeeeseseeaeeeeereeerten

Street or
Rural Route eeeeseeeeeseeeeeeeee

City SSO SH SHEE EERE ESHA EE EEOOS

State ..cccecveee Ch cdne
(Mail to Washington,

eoseee

D.C.)

“Cc” or “D” supplemental rations
must go to any authorized tire in-
spection station, if they have not
already done so, and have their
tires inspected, the inspector filling
lin and signing the motorists’ tire
inspection records.
Second Step Told

Second step is for the motorist
to go to his nearest filling station
and obtain a renewal application.
This form, in the case of Phoenix
area moto will NOT be mailed;
every person desiring to renew sup-
plemental rations must file applica-
tion for it.

Third step, if your “B”, “C” or
“Dp” supplemental coupons expire
on or before March 7, is to fill out
the form and mail it. to your local
ration board AT ONCE; if the

Jjsupplemental coupons expire later

than March 7, mail to your local
ration board two weeks before such
coupons expire. All those who ob-
tained their supplemental rations
through either of the two Phoenix

Arizona Collects
Life For Slaying

FLORENCE, Feb, 19—(AP)—A

dual character died with James C.
Rawlins, 46-year-old Morenci mach-
§nist who paid with his life in the
state's lethal gas chamber today for
the attack-murder of a neighbor's
child,

This opinion was expressed by the
Rev. Elbert, Nash, Morenci clergy-
gman after the state had exacted
the capital penalty for baa
confessed rape and killing of
Marylin Erma Atkins, 11 oe old,
whom he lured into his home the
night of Au 29 on the pretext

of showing her a doll,

A. G. Walker, warden, and his
staff ehtered death row just be-
fore 6 a.m. Rawlins, a hunched
and broken man, pressed close to
the cell bars, mumbling in low
tones to the two clergymen.

Walker and Perry Power, depu
warden, proceed to the deat
chamber. Rawlins removed his
prison shirt and stripped to the
waist.

Lowell Reed, the

captain, slipped the bolt on the) p;

door to death row. Rawlins, in
stecking feet, began to mount the

pate number. tnere nas been
any change in your ride-sharing
group, this MUST be noted on the
renewal application and the signa-
tures of new riders obtained for the
form.

If you desire gasoline for travel
between your residence and your
place of business you must show
that you are carrying riders regu-
larly, or furnish a definite reason |°
why you do not. Indefinite rea-
sons will not suffice. e

Applicants for renewal of “B”,|s
“C” and “D” supplemental ra-
tions do not answer item No, 10
of the renewal application. «

In answering item No. 1 on the
renewal form, BE SURE TO ADD
your street and mailing address
immediately below the dotted line.
All applicants must answer items
Nos. 1 to 4 on the front of the
form. Read carefully through
items Nos. 5 to 8 and answer each
exactly if there has been a change;
if no change, so note.

Signatures of new members of
your ride-sharing group should be
written on the lines immediately] s
following pan ite. © (ce).

users of off-highwa ‘a80-
line will fill out iteras Nos. 3 3,
4 and 10 of the application.

Bus Terminal

Dedication Se
Third avec end Was

street, will be dedicated

da and
Sey nie ond wih Nae

chard H.
will be

ere eT ee? ee te ee TY


| pressed nearer, the eilent slayer's |g

sons gathered in the square. But
they couldn't see the gibbet take
the lives of James Morrison, 24, his
brother, Alec Morrison. 32, and
Richard Valentine, 27, because the
glass dome was stained. The trio
killed a woman and child in a rob-
bery.
BULLETS DEAL DEATH

SALT LAKE CITY, July 1#—

Mild-mannered Delbert Green, who

dealt death with hullets to three,
forfeited his own life to a firing
squad today.

Quietly, the 2&-vear-nld_ killer

faced the crack of five high-power-
ed mfles at dawn in the vard of the
Utah State Prison.

The shots which set off a tumult-
uous disturbanc among the 320
convicts within the sleepless prison,
came at 5:10 a. m. Half a minute
later—30 seconds that pit a period
to @ legal battle of six \ears-phy-
sicians pronounced him dead.

Shooting Is Cheaper

Utah law permits murderers a
choice hetween bullets and hanging.

Green expressed no preference. So
—because it is cheaper--they shot
him.

This afternoon, at his own 're-

quest, he was buried in a country
graveyard beside the hodv of the
young wife be murdered in jealous
rage January 4, 1930. —

In'a farm house near the village
of Layton, on the shore of Great
Salt Lake between Salt Lake City
and Ogden; Green slew his wife, her
mother and his uncle, James Green.
It was for the latter murder that
he was convicted specifically. He
pleaded insanity.

Four Times Saved
Five times he had been sentenced
to die—four times saved by legal
delays. Twice he was saved with-
in 24:-hours of scheduled execution.
But today—though tearful rela-
tives who spent the night with him
in the gray prison chapel sought to
keep up hope—no reprieve appeared.
Sheriff Joseph Holbrook came in-
stead. Quickly a black hood was
slipped over the doomed man's head.
It contrasted eerily in the half-light
with the white shirt, the white duck
trousers.

: Needs No Assistance
‘ Bomeone in the group walking the
. “last mile” with Green sought to
take his arm. Gréen needed no
help. Ashe appeared around a pri-
son building corner with his escort,
and headed acros the prison yard
toward a wooden chair before the
| prison wall he walked steadily. He

+ needed only a guiding hand.
Quickly, aa the 70-odd witnesses

arms and legs were strapped. A

red, heart-shaped cardboard was

Pinned upon his breast, Some in.

the group huddled around the chair
t to say, a word. Their whis-

eae were loud in the atiliness,

; Signal Of Death

tries fell back. They left

pac | form there in the chair

The form}

 RAARAY FF. MIVMAee, prrere FUPiiaoreu Berry mvsesse een Een”
and R. M. Hess, manager of the Arizona Publishing Company

Arizona Citrus Growers, will return) 12@ Nerth Central Avence

today from a buainess trip to the! Phoenix, Arizona
Pacific coast. Bubecripticn Rates in Advance
DR. O. E. UTZINGER, Rav, with. Per Per Three se Ove
eir sons, JoONN]] Ie Copy Me. Mos. os. ear ||
Mrs. Utsinger #6 eed Arizona & .05 & .75 $23.00 $4.60 8 6,00

and William, are registered at Motel)

Adams. |
OR. L. B. STALLCUP, Aentiat.|
for Rochester,!

will leave today
Minn., where he will atudy at the
Mavo Brothers clinic for two

months.

MRS. ALMIRA M, WOODRUFF,) CARROLL JONES, ,
1817 West Washington street, leftison of Mrs. Frances Gee, 1214 East)
last night for Greely, Colo, where! Mohave atreet,. left for Jackson,
she wiil visit for several weeks, | Mich., Wednesda) to vimit hie fathe |

OFFICERS of the Maricopaler, Lyle G. Jones, and his wrand-.
County Herd Improvement Agssocia-|mother, Mra. Nettie Wellington of :
tion will meet in the courte- -agricud-| Three Rivers, Mich., for two te
tural agent's office, 126 West Mon-/ months,

Ont of
Arisooa 8 16 61.25 $3.80 $4.75 $13.60

F.ntered as second class matter, at the
pest office at Phoenix, Artsona, ander
the act ef March 38, 1879,

14-sear-old:

|

} Phoenix,

ition s

Phoe nmin ¢ ‘}nb tne

Craftsmen will) trea
night in| ily
Manus, oth
;two
i T
Pra
iin t

roe wtrect, at 1:30 o'clock thia af- MEMBERS of the
ternoon to arrange for the associa-iof Printing House

annual picnic, J. L. Lewis,;meet at § o'clock Tuesdas
announced yesterday. the Arizona Clib, Monte
AFTER «pending several days in|secretary, announced yesterday.
KE. H. Norris, connected! COMPLETION of the county
with the refrigerator department of lachool budget must be delayed un-

president,

‘the Southern Pacifie railroad, re-/til next week due to the fact that
turned to his home in Houston,, figures from several districts have 1A
Tex., vesterday, inot heen received, BF. D. Ring. coum) mal
R. F. THATCHER, Wickenburg | ty amuperintendent of achoois, an- ie:
, +; ven
and Prescott mining man, yeater- |Mounced veaterday. : lea
day filed in Maricopa County Su- BIOS on the nale of $59,000 °
perior Court an affidavit of inabil- Smerice Ponce a how a fer 7
f , 0 0 coats in his patric va] wi vic
ity to pay court record Site diad warcentic wal be eng eit

; : vin
See iioraetiis See Naar the ine by the Maricopa County Board of| bs)
fluence of intoxicating liquor. He |Supervisors in a call to be iasued| Bial
filed a notice of appeal to the oA a Pa 19, ‘ pea officials cad
reme court after being sentenced |/Mounced yesterday
9 serve 90 days in mr” | . R. F. WALLACE, aaaoc inte Dal
INABILITY to locate the com-jhighway engineer in the Phoenix Hae
plaining witness resulted in the office, U. S&. Rureau of Public) A
dismissal of a peace disturbance | Roads. will return today from a)
charge against Rafael Carreras in |one-week inspection tour of fed-|

justice court here yesterday. He /eral and state highway projects in|
was charged with disturbing the northern Arizona.
peace July 7 of Jobita Carreras,| pogerR F. WILSON,
155 East. Madison etreet. with the U. 8S. Bureau
HEARING for J. J, Gilmore on a). turned to hie home.
charge of obtaining money by |RUrvey, returne
meana of a bogus check was set |Glendale, Calif, last night after
yesterday in East Phoenix Precinct conferring with officials here yea-
Justice Court for 10 @’clock Thurs-|terday, He recently completed @
day morning. He was placed in jailjsurvey of the boundaries of the
in lieu of $250 bond. He is charged | Maricopa Indian reservation.
with obtaining $6.65 July 2 with a| OWEN G. DENTON of Phoenix
bogus check passed to Jack Ross-ihan been enlisted in the quarter-
master corps, U. & Army, at Fort

man, 604 West Van Buren street.
Bliss, Tex., Set. Glen R. Simpson,

TWO WOMEN paid fines total-
yesterday.

terday in municipal court to moraie
charges. Marie Johnaon, 40 years . A. ROCKWOOD, supervising
engineer ‘In the Phoenix office of

old, admitted being @h operator of
the mine loan division, Reconatrue-

a house of ijl-fame and paid a $50
tion Finance Corporation, will re-

fine. Billie v pieeaie 6, pee t
25 fine after u o

, , AR turn today from an inspection trip
in babchbst eounty.

transit{man
of Pubtlie

being an inmate of @ house o
fame.

Mother lccuibdels Two Sons
In Airless. To op

-Floor R
PHILADELPHIA, . duly 10.

—Wrathful women thregtened
jeered «a young

ment. " t'he bre

x 1 with Reavy, Ames Mb

today as policemen told of finding her
‘baby sone virtual fats ang frantic from heat and thirst, in an
pehild was tied

ee et


2 — eS ra er | DP eS a
@d from the back Against the wall
behind the chair. It etreamed
down to the ground.

Amid the dih set up by the dead
man's fellow convicts, a guard el-
bowed through the gaping wit-
nesses.

_ “That's all, boys,” he said,

PLUNGE 18 FUTILE
RALEIGH, N. C., July 10.—(AP)
A mad plunge from the third tier
of state's prison's death row here
today gained for Henry Grier, 43-
year-old wife-murderer, only afew
painful hours’ respite from the
@lectric chair.
. The cqlored man found a mo-
meat's frantic liberty by a ruse as
-the appointed hour of’ his legal
ae approached,’ flung himeelf
‘@way from guards, raced up three

fiighte in the death house, and
leaped sprawling to the concrete
Boor, 30 feet below.

» is only words were to a trusty
‘om the lower floor:
~  “Get-eut of the way—I'm
2 § Sgn ing - down there.”
ft Then he jumped.
© Prison physicians picked him up
_ @md said he suffered fractures of
. Doth wrists, lacerated lips and oth-
- BF painful injuries.
- The only other thing. he said be-
the current took hie life in
electric chair several hours Jat.
s"¢ ‘wae @ mumbled plea that his

4 be put back into place.
‘<*. From

ae the moment he crashed
~ Pe the floor after his leap un-
» ge til he was carried to the chair
a ge five men, he appeared un-
| S egnscious, Physicians said he
% @pparently was feigning this
# condition...

2 Gri

Ssrier was convic
, slaying Annie

Pen

ted in June, 1935,
Giles, his com.

‘¥ rank Rascon
2 Is Executed

- (Continued From Page One)
. SF Dr. B, L. Steward, prison phy-

\ Twe Mere Await Doom
con. was the 33rd person

at‘ the Ariz | ign
ed ona prison, an
( pect to die in the lethal gas

Le Fay
mong >the more t
ets at th

ih ie fd
a hasy? Rascon at his
and

bon urged Aye: “cheer up,"
sR6re Was emonstration fro
F prisoners at the time of Rase
execution. The only signal
at ef wr died was the
sk ‘pump
faber of gas.
.. were leavin

of ai wil ont’ td

s of hia wite be

inside the walls, Ott

“of. the
unable

seeming i,
that empties the hi

children. A cry of “killer
“kill her” rang eut in
crowded police court room.
Sgt. Frank Harkins and Patrol-
man Herbert Walker told of forc-
in
neighbors told them of hearin
children's pitiful cries.
“As soon as I got in the room,”
Walker testified, “the older child
(John, four) cried: ‘water, water,
gimme a drink.’ I got some water
before I set him free and hoth of
‘the babies drank two cups as quick
as they could gulp them down.”
Charles, two, was erying in.
hie crib. John was in the crib,
too, Sergeant Harkins ‘said,
held by a dog collar to which
a rope was tied. The rope was
fastened near the floor. :
Walker told the magistrate
“conditions in the room were
terrible. There was only one
window and that was open a
‘few inches and was covered
with chicken wire. It was so
hot you could hardly breathe.”
As the policemen told of previ-
ous. complaints of the mother’s
treatment of the children, angered
women in the crowd cried out.
The magistrate said, “This is the
most pathetic case I have ever seen
in all my experience as a magis-
trate.”
Miés Lillian Peachy, agent of the
Society to Protect Children from
Cruelty, testified two other chil-
dren of the woman were being car-
ed for by others. The m strate

gave her the custody of the two
little boys.

Pastor Is Called
To Portland, Ore.

PRESCOTT, July 10.—The Rey.
John I. Losh, pastor of the First
Baptist church here since Nevem.
ber, 1926, has accepted the pastor.
ate of the Grant Clark Baptist
church, Portland, Ore., effective
September 1.

He and Mrs. Losh have been ac.
tive in the affairs of the

‘for several

ee a;

g the

Baptist Convention
years.

"tii. eee
when he attempted to re-enter the
United States a month later.

At that time, officers tified at
his trial, he admitted ha
Romero at the
Roach Roberts
méro had qua
in fisticuffs once
day

Officers ¢ #
mero while the

Se
ed

ee

he belleved
to 2 gun’
him, Not unt after

7.

executed man's ¢}
to vom 0)

their way-into the heuse after.

was calm and cool, but
dreuth played heb with
ether reputations.

The places and the temper-
atures:

some

Satan's Kingdom, Conn., 120
degrees.

Bointe’ Rest, Calif., 64,

Cool, ta. 100, -

Agua Caliente (hot water),
Mex. eeol,

Frost, Tex., 06.

Furnaceville, Calif., 78.

Breezy Peint, Minn., 100.

Coldwater, Kan., 96.

Klondike, Tex., 96.

Cold Springs, Minn., 106.

But Soda Springs, Calif. wae
89 degrees; Sun Prairie, Wis.,
106 in the shade; Firestee!, 8.'D.,
110; and Hell, Mich, wos se hot
the thermometer breke after the
mereury hit 120.

PF
Nure
term
| Rend
| Arine
| had
He

!

i muffe

Yavapai Rifle
Club Is Formed

PRESCOTT, July 10.—The Yava-
Pai Rifle and Pistol Club was or-
ganized last night and officers were
elected as follows:

Dr. W. J. Baker, president: E. C.
Lawrence, vice-president: Val Da-
via, executive officer; Harry Jacks,
secretary and Joe Davis, treasurer.

A set of by-laws was adopted.
Members of the club will establish
@ shooting range on the Willow
Creek road and application is being
made to the National Rifle Associa-
tion for a charter. |

Authorities Asked
To Search For Girl

PEORIA.—Maricopa county - au.
thorities have been asked to °
sist in a search.for Emma Kather-
ine Kinney, 14 years oid, who dis-
appeared Thursday evening from
her horae nine miles north of Mari.
nette, it was announced yesterday
b ance Coor, local constable, The

ri is the daughter of R. J. Kinney,

orld war veteran and home.
steader.

. Bhe ia said to have left
after? minor differences with her
family, She is described as five

with blue

»

provieusiy thes st

hes, in height, weigh. ;

|


Harry Thomas Thompson, dis-
charged Navy yoeman, convicted
of selling secrets to Japs

URDER of the month was that

of lovely Helen Clevenger, 19,

New York University co-ed,
shot and mutilated in her hotel room
at Asheville, North Carolina. Her
face had been gashed and deeply
stabbed, probably with a scissors
blade. Attempt at sex assault was in-
dicated by autopsy. Among those
quizzed and detained and later re-
leased was rotund Professor W. L.
Clevenger, the victim’s uncle, with
whom she had been traveling.

“There is gonna be hell here to-
night!” was the warning tacked July
24 to a cross-roads tree, near Holly
Springs, Mississippi. Early the next
morning the Knighton and Roach
families met on their way back from
church and fought to the death, A
load of buckshot in the breast killed
Mrs. Willie Roach. A young mother
and her baby, as well as two men,
were wounded. Just one of those
Southern feuds,

Mortensen, arrested
for multiple murder: “I just
went crazy”

George

Also in Mississippi, near Natchez,
Charles Phillips, 14, slew his father
while the two were squirrel-hunting.
Spurred by conscience to confess,

Phillips said “the old man kicked and ‘

abused” him. He led police to where
he had hidden the body in dense un-
derbrush.

They come in pairs this month.
Eleanor Clayton, 24, night-club enter-
tainer of Albany, New York, went rid-
ing with two men, and jumped over a
cliff to escape their attentions, She
was mortally hurt, but lived long
enough to identify David Rosenberg,
36, and Joseph Levin, 32. They are
under first-degree assault charges...

COPY (CAL

Latest Sensations

in the

Crime Whirl and What the
Law Is Doing About Them

And down the main road, at Yonkers,
New York, Mrs. Fannie Plotnick, 34,
hurled herself from the car of an’ un-
known motorist, presumably for the
Same reason. She never regained
consciousness,

Canada reports an epidemic’ of
hideous attacks on children. In Hali-

‘fax, Nova Scotia, a masked marauder

crept into the bedroom of Beulah
Newell, 11, and had almost choked her
to death before he was scared off . . ‘
A Montreal boy, J. L. Masse, 16, was
knocked from his bicycle by unidenti-
ficd monsters, thrown into a ditch and
beaten into unconsciousness. The mo-
ning both cases was perverted sex
mania,

FIRE CAPTAIN HARRY R, MILLER,

retired, of Cincinnati, Ohio, disap-
peared in June. Weeks later, pieces
of his dismembered body were found
scattered through Carroll

an eccentric former opera soprano,
was accused by Cincinnati police. But
in July, Herbert L. Hicks, Miss Mil-
ler’s chauffeur, confessed the murder,
Hicks had done time for a previous
Killing. He was vague about his rea-
son for butchering Miller,

The State executed Frank Rascon,’

murderer, with gas, at Florence, Ari-
zona, on July 10. As the body was
removed from the lethal chamber, the
Screaming widow, Ramona Rascon, 36,

demanded that the coffin be opened.
This was done, and Mrs. Rascon kissed
her man. She fell back, temporarily
paralyzed by fumes which arose from
the body. ‘

PYING, the scourge of European
governments, has hit the United
States at last. At Los Angeles, Harry
Thomas Thompson, 27, discharged
Navy yeoman, has been sentenced to
15 years for selling secrets to the Japa-
nese, Charged with a similar offense,
John S. Farnsworth, former lieutenant
commander in the Navy, is being held
for trial at Washington.

Sailing between Puerto Rico and
the Virgin Islands, Terrence Burrows,
master of S. S. Catherine, was stabbed
in the throat by a member of his
crew. A United States Navy plane
flew to the rescue, took the captain off
his vessel in a rough sea and rushed
him to a San Juan hospital.

In Ogden, Utah, a man over six
feet tall and swinging a huge club,
rushed into a house where he battered
three aged persons to death and se-
verely injured Mrs. Grace Mortensen,
25. Betty, eight-year-old deaf-mute
daughter of the victim, managed to
escape and sought help. Mrs. Mor-
tensen accused her husband, George,
whom she had left because “he drank
too much.” Arrested, he said: “I just
went crazy.”

Another mass slayer was Samuel
C. Weed, of Erie, Pennsylvania,

Mr. and Mrs. George Thomas, whose nephew Bobby
Kenyon was found dead and mutilated, were asked

what they know about

DEFECT? UE

the boy’s disappearance

) y “Zz
OOCTE BER L y ZL DT? ©

SRA Ss

John S. Farnsworth, former Naval
Lieutenant Commander, awaiting
trial for offense like Thompson's

who brained his wife and two children
with a hammer. Police said he
ascribed the deed to his having com-
mitted “a scarlet sin, a sin against
God.” The next moment he tried to
grab a guard’s pistol, and they put
him in a strait-jacket.

The body of Bobby Kenyon, 10, was
found in a pool near Tawas City,
Michigan, his neck slashed to the
spine, his tongue cut out and his ears
severed. The George Thomases, his
aunt and uncle, pleaded innocence,
but must submit to a lie-detector
test.

SADIE LAWSON, 35, of Winston-
Salem, North Carolina, got rid of
her invalid mother by pouring gaso-
line on the latter’s bed and setting fire
to it. Said Sadie in jail: “Mother and
I had been drinking together, and we
quarreled.”
It did not satisfy M. H. Cansler, of
Lufkin, Texas, that his father’s mur-

Helen Clevenger, slashed to
death in an Asheville, North
Carolina, hotel

derer, Glenn Warren, had been con-
victed and would die in the electric
chair in less than a week. He “got
even” by shooting A. B, Warren, the
father of Glenn, and now must face a
jury himself.

Newark, New Jersey, contributed
two freak events to the kaleidoscope
of crime. James Davis, 52, opened his
mouth widely in protest when three

colored thugs took $1.80 from his .

pocket. The holdup men saw glitter-
ing bridgework and immediately pried
out the bridge, netting two solid-gold
teeth . . . Mrs. Anna Lauer, 39, was
leaped upon, beaten and robbed as she
knelt praying at her mother’s grave,

29


Sheriff Richardson (I.), Coroner Brierely and D

a clump of juniper, lay the body of an elderly man, his shirt
stained a rusty red by blots of dried blood. Stunned by
the ghastly sight, the Tennessee traveler stood a moment
or two and then bolted back through the undergrowth to
his car. Ten minutes later he was at a telephone in a service
station on the outskirts of Flagstaff calling the sheriff’s office.

Coconino County Sheriff Cecil Richardson was just pre-
paring to leave when the call, answered by Deputy Clarke
Cole, came in. Deputy Bob Coke was also on duty.

“Some tourist stumbled onto a dead body off U. S. 66,”
the sheriff said, putting down the phone. “Said from the
blood around it looked like the guy had been stabbed. Come
on, Bob, the man who called is waiting for us at Pete’s gas
station. Clarke, you hold down the fort until you hear
from us.”

The county officers found badly shaken Charlie Eastridge
waiting for them and he piled into the car and they heavy-
footed it to the spot where the Tennessee tourist had en-
tered the brush. Eastridge led the two lawmen directly to
the bloody corpse. "

Richardson took one look and muttered, “Murder is
exactly right.” He pointed to a white bone handled knife
laying in the middle of a brownish blotch staining the
desert sand. “There’s the tool that did it.” He picked up
the six-inch weapon by the tip of its blade, careful not to
disturb any prints on the handle.

30

eputy Coke (r.) look over Ary J. Best’s bloody hat and lethal white-handled hunting knife.

HILE Deputy Coke went back to radio for County

Coroner James F. Brierley and an’ ambulance, Sheriff
Richardson began a systematic search of the area in the
vicinity of the body. A few feet away he saw a flash of
white in a clump of prickly pear cactus. It was.an envelope.
He picked it up and put it in his pocket.

By the time the coroner and Dr. Jay L. Sitterley arrived
in the wake of an ambulance, Richardson and his deputy
had fairly well pieced together what had taken place. On
the shoulder of the highway they had found the tracks of
three different cars in the soft sand. Eastridge pointed out
the tread of his own machine at the rear of the other two.
And in the brush between. the body and the road they
had found the passage of four: different sets of footprints.
Only, three, however, made round trips. One—the corpse’s—
ended where the body lay. One of the going-and-coming
trails had been made by Charlie Eastridge on his mission of
discovery. The other two belonged to the murderers. And
one of them had been written into the sand by a woman!

“Well,” Richardson said, as the medical contingent pulled
up, “we at least have a rough idea what we're hunting for—
a man and a woman!”

Dr. Sitterly and Coroner Brierley began an immediate
examination of the corpse. After several rudimentary tests
they agreed the victim had been dead between 20 and 30
hours. The’ physician thought he had been a sickly man.

POLICE FILES

“He was stabb
Sitterly told the
he fell. Several o
while he was on
committed by a
is well into his :
“Anyone here
answered by a u
“He’s a strang
the courthouse t
forty in the coun
Coroner Brier
slain man’s clot!
value was uncov
“Time to pass
bulance left with
at this.” He pull
clump of prickly
and Eastridge we
on the dome lig
piece of paper.
Street in Los A
corner was a rett
“That ‘Best’ co
son said, putting
Let’s get back, :

Suspected cou

POLICE FILES


$e
ea

oe ee

andled hunting knife.

radio for County
ambulance, Sheriff
of the area in the
he saw a flash of
It was. an envelope.

L. Sitterley arrived
son and his deputy
id taken place. On
‘ound the tracks of
stridge pointed out
x of the other two.
and the road they
- sets of footprints.
One—the corpse’s—
2 going-and-coming
‘e on his mission of
he murderers. And
nd by a woman!

al contingent pulled
we're hunting for—

egan an immediate
il rudimentary tests
between 20 and 30
been a sickly man.

POLICE FILES

“He was stabbed, front and back, at least five times,”’ Dr.
Sitterly told the sheriff and coroner. “He was killed where
he fell. Several of the wounds appear to have been inflicted
while he was on the ground. It was a vicious job, probably
committed by a maniac or a raving-mad drunk. The victim
is well into his sixties.”

“Anyone here know him?” Richardson asked. He was
answered by a unanimous shaking of heads.

“‘He’s a stranger then,” the sheriff said, “because I'll bet
the courthouse that between us we know every man over
forty in the county.”

Coroner Brierley then gave permission to search the
slain man’s clothing for identification marks. Nothing of
value was uncovered.

“Time to pass the word,” Richardson said as the am-
bulance left with its tragic cargo. “But first let’s take a look
at this.” He pulled out the envelope he had found in the
clump of prickly pear. As dusk had fallen, the two officers
and Eastridge went back to the sheriff’s cruiser and switched
on the dome light. The sheriff examined the rectangular
piece of paper. It was addressed to “Ary H. Best” on a
street in Los Angeles, California. In its upper left-hand
corner was a return address in Follett, Texas.

“That ‘Best’ could be the poor fellow who got it,” Richard-
son said, putting the envelope away. “We'll soon find out.
Let’s get back, notify the state patrol and then broadcast

an alert. We want information on any suspicious couple
seen in this area in the last 36 hours and also on any man
in his sixties, slight of build, short and with thin, white hair.”

On their return to Flagstaff they discussed all possible
angles of the case, pro and con.

Back at the county jail, Sheriff Richardson sent out an
all-points alarm alerting peace officers in Arizona, California,
New Mexico, Nevada, Utah and Colorado. Then he routed
his deputies out of bed.

When his men had assembled, rubbing sleep out of their
eyes, he explained the problem and assigned them to a
search of the death vicinity and to the highways east and
west, north and south.

“Question everybody who’s awake—and keep your eyes
open for any wrecked or abandoned cars,” he said. “And
report in every hour and we'll keep you posted on how
the check is going and all new developments.”

IGHWAY Patrolman Wilson was at home listening to

the eight o’clock radio news and heard the dispatch on
the stranger found murdered off U. S. 66 some 11 miles east
of Flagstaff. When he heard that signs at the death scene
indicated a man and woman had been involved, his mind
flashed back to the shirtless driver pushing the battered coupe
piloted by a emaciated woman which he had encountered
some eight hours before. (Continued on page 56)

Suspected couple (in handcuffs) are escorted into Coconino County sheriff's office by deputies and matron after arrest in California.

POLICE FILES

Pes

cienmaion

&

t
i

31


~

ea k

tite hat) watches.

FF : |

POLICE FILES

“Good Samaritan” stopped and
asked the peculiar couple

if they needed help. He received
cold steel for his kindness.

by H. H. Belton

Hulking, bestial murderer is snapped in belligerent
stance as he is quizzed in county attorney’s office.

in the DESERT

back the road a piece. Where’s the closest gents furnishings?”

“Couple doors down,” the bartender said, jerking his
head to indicate the direction.

“Can my girl friend -wait here until I get back?” the
stranger asked.

' The bartender nodded, and the big man went out the door.
Two minutes later he was back sporting a riotous Hawaiian
sports shirt in clashing reds and greens. |

“Couple of double bourbons—and have the same yourself,”
he boomed, banging a $50 bill on the mahogany.

The barkeep diplomatically declined the double on the
“phone that it was too early in the day. ‘In town long?” he
asked.

“Until that westbound El Capitan pulls in at 10:47 to-
night,” the stranger said. He quaffed. his whisky with one
toss. His female companion followed suit—and with equal

_. facility.

The strange’ pair drank in the Corner until around 2:30
OLICE FILES

that afternoon, then left, explaining they had some “chores
that need doing.”

ASCINATED by the varied aspects of Arizona’s high

country, Charles Eastridge, a 62-year-old vacationing
gentleman from Minnville, Tennessee, drove west on U. S.
Highway 66 between Winslow and Flagstaff at a pace
leisurely enough for sight-seeing.

About 11 miles east of Flagstaff, in an area of scrub
pine, pinon and juniper bush, he caught sight of a variety
of vegetation entirely new to him. It was about 20 yards
off the highway. His curiosity aroused, he pulled up on
the shoulder, climbed out of the car, crawled through a
barbed wire fence. and struck out for the growth which
had excited his interest. This was about 5 p.m. Friday,
July 31st.

Entering a small clearing, Eastridge stopped dead in his
tracks. In front of him, sprawled in the desert sand under

29


been until Tuesday morning when her
body was found.

Mary’s friend gave. Marchant the
name of a public house in Notting Hill
where Mary was a frequent patron.
There he learned that she had been seen
on a street corner at 1:30 Saturday
morning, apparently waiting to be pick-
ed up by a motorist. He could find no
trace of her after that hour. Apparently
her worst fear had been realized. She
had been picked up by the London
Strangler.

The medical evidence indicated that
Mary might have been murdered as
early as Saturday morning—which
probably meant that her slayer had
driven around with her nude body in
his car trunk until he dumped it in a
sitting position in front of the Berry-
mede Road garage on Tuesday.

While Superintendent Marchant con-
tinued his efforts to trace the girl’s
movements, Superintendent Osborn
launched a new drive to persuade prost-
itutes with information about any of the
six murdered girls to come forward.
Beginning on July 15th, young detective
inspectors were sent out to stroll the
streets of West London in the guise of
prospective clients, to chat with the
vice girls and attempt to obtain infor-
mation. Pretty policewomen were also
assigned to walk the red light districts
in tight-fitting dresses, to talk with men
in cars who attempted to pick them up.

None of these police measures turned
up a clue to the strangler. The days and
weeks passed, and then the months.

There were no new cases and the vice

girls of London, with the carefree buoy-
ancy so typical of women in their pro-
fession, began to breathe more easily.
They lost their caution. After all, hadn’t
Jack the Ripper retired from the field of

murder and vanished forever, after his’

string of bloody homicides? Perhaps the
London Strangler had disappeared into
the same limbo, never to return.
Scotland Yard was of a different opin-
ion. They had to operate on the pre-

sumption that the killer would go. on’

and on, until he was caught or until
death stayed his brutal hand. Moreover,
they wanted to catch the man. The chain
of unsolved murders was a mocking
challenge to law and order, so dear to
the English.

Consultation with psychiatrists did
nothing to allay this belief. The head
doctors could give no psychological rea-
son why the strangler should voluntarily
go out of business. The pattern of his
crimes too clearly revealed a recurring
pattern. In fact, working with the inves-
tigators, they grimly calculated that the
pleasure-girl killer might be expected to
strike again sometime in February or
early March of 1965. This time interval
fitted in with the strangler’s habitual
cycle. . .
They were not wrong. They were too,
too prophetic.

On February 16, 1965, the next vice-
girl victim of the London Strangler was
found in a patch of tall grass in the west
London suburb of North Caton. This
was in the same four-square-mile area

LETHAL PAY-OFF IN THE DESERT
(Continued from page 29)

%

He reached for the telephone and
dialed Sheriff Richardson’s office. When
he was connected with the county’s top
lawman he told what he had seen that
morning in: East Flagstaff. “The 1958
sedan had California plates,” he related,
and read off the number from figures
jotted down in his day book. He de-
scribed the peculiarly looking, middle-
aged pair, and said they had mildly
aroused his doubts but he had not stop-
ped them as they were violating no law
of any kind.

“Thanks, Harry,” Richardson said,
“T'll pass on your information to all my
boys pronto. Yours is the first real lead
we've had yet.”

When his deputies reported in, Rich-
ardson gave them a description of the
couple spotted by Wilson, also of the
two cars, pushing and pushed.

Meanwhile, Deputy Cole had asked

Los Angeles police headquarters to '

check on the whereabouts of ‘one Ary
H. Best, giving the address on the en-
velope found near the body. He had
also asked the marshal in Follett, Texas,
to check the address there.

No sooner had Sheriff Richardson

56

where the previous corpses had been
discovered.

The newest victim was a smallish
petite brunette. She was pretty like her
predecessors, with a ripe, voluptuous
figure. Her toenails were painted red,
and this was plain to the mechanic who
almost fell over her corpse, because—
like the others—she was stark naked.
The mechanic had been searching for
junk when he came upon her in a nar-
row alleyway frequently used by amor-
ous couples.

There was no difficulty in identifying
the unfortunate girl. She was a well-
known prostitute and on her left fore-
arm she bore a distinctive tatoo—the
name “Nick” or “Mick”. She. was identi-
fied as Mrs. Bridie Moore, alias O’Hara,
aged 27, who had lived in West London
since coming from Ireland. According
to the examining pathologist, she had
been dead about a week.

Detective Commander Ernest Millen
of Scotland Yard ordered the thirty
detectives working on the case to “find
this man before he commits murder
again.”

Police officers fanned out into night
clubs and such places, in their zealous
search for clues. Policewomen in at-
tractive come-hither clothing frequented
the neighborhood in the hope of attract-
ing the killer’s lethal eye. As this account
goes to press, none of these official
measures has brought about a solution.
The London Strangler is still at large—
very probably to kill again, if he is not
soon caught. *

thanked Patrolman Wilson for his tip,
than Los Angeles headquarters was on
the wire. Ary H. Best, 66, of the ad-
dress given, was out of town. He had
been expected back that afternoon from
a visit to old time friends in Follett,
Texas, but as yet had not appeared.
He was driving a 1958 tan Plymouth
sedan,

Excitedly, Richardson asked Los An-
geles to check the car’s license plate
number, also to notify any relatives
that the Coconino County’ sheriff in
Flagstaff, Arizona, would appreciate it
if they would call him long distance
collect.

Next a call came in from Follett,
Texas, saying Ary H. Best had visited
friends there and had left early Tuesday
morning, driving a 1958 tan Plymouth
sedan, for his home in Los Angeles.
He had mentioned he intended to take
U. S. Highway 66 from Amarillo, Texas,
west.

“It’s Best, all right,” Richardson said.
“Now all we’ve got to do is run down
that queer pair Wilson saw.”

An hour after the Texas call, Los
Angeles was again on the line. The
license number jotted down by Wilson
belonged to Best.

Just a few minutes later, two men,
relatives of Ary Best, called, also from
Los Angeles. As diplomatically as he

could, Sheriff Richardson explained the
situation and the two men said they
would catch the next Santa Fe train
for Flagstaff and would be there the
‘next day to look at the body and offer
all the assistance they could.

About midnight, Deputy Hoot Parker
reported in saying he had found a
beaten-up, 1946 Chev. coupe abandon-
ed near East Flagstaff. It had Colorado,
license plates. It matched the description
given by Patrolman Wilson.

Richardson called Wilson and asked
if he would check on the car when he
went on duty the next morning. Wilson,
however, insisted on getting into his
clothes and going over as soon as pos-
sible. A half hour later he called back.
“That’s the heap I saw the woman
steering this morning,” he said. “We
checked it over but it’s clean, no blood
or any evidence of a fuss. But it’s the
car, all right.”

Richardson gave orders to pull the
abandoned wreck into the county gar-
age, and the hunt went on.

Nothing happened until 7 o’clock
Saturday morning. Then the sleepless
Deputy Colt reported.

“T've got that tan 1958 California
Plymouth staked out,” he said. “It’s in
the backyard of the home of Jack Harlin
in Williams. A Williams cop spotted it.
Harlin is an oil station attendant. May-

POLICE FILES

Sart

pee

3a 5 Tie rect net RNS.

F be you'd bette

Richardson

* several Willian

the service stal
ed. Harlin was

The gas stati
2:30 in the af
a big husky ch
thin as he we

‘ place in the ti

they could stor
two weeks.

“What I ti
Harlin said,
asked if I coulc
or less out of :
it at my hom
okay.”

Harlin said

_cab and trans

gage from th
gave the office
driver. ;
The hackie
the day before
them to the Sa
had expressed
That was the
A check in
that the gorilla
ed girl friend—
wide and hand
drinking at 1
bars. The bar
lated how he
bear-like char
ed his torso v

Yes—There
Crime Detec
tification . .

alone! Imagi
team that ar
... possibly
modern, scie
... helping |
hard, undeni
out! This is:
INVESTIG.
...in additic
rity and adv

Just as I’ve
tious men get i)
...1 canhelp:
time, I will rev
of modern C
Identification,
writing Analy:
and the other
Investigator |

POLICE FILES


10-19-98—
ARIZONA: (impending execution)

Only a few feet separated the Poland brothers, Michael and Patrick,
from getting away with murder - and nearly $300,000.

After pulling off a daylight robbery of a Purolator Inc. armored truck
loaded with bank cash on Interstate 17 on May 24, 1977, the Polands
shoved the 2 guards into their car and drove 250 miles to Lake Mead.

The next day, Cecil Newkirk, 52, and Russell Dempsey, 57, were tied up,
wrapped in canvas bags weighted with rocks, and pushed from a rented
boat to a watery death.

The bodies settled on a ridge in about 50 feet of water; within a
month, both victims washed ashore on the Nevada side of the lake.

"If they'd been dumped 30 feet farther out, the bodies would have gone
down 500 feet and they'd never have found them,” said Melvin
McDonald, a former U.S. attorney who prosecuted the Polands at their
2nd murder trial. "There would have been no way to make a case."

The Polands were twice convicted of the murders in state court - the
verdict in their 1st trial was overtumed on appeal - and sentenced to
death. Michael, 58, is scheduled to be executed tomorrow at the state
prison in Florence.

No execution date has been set for Patrick, 48, who has an appeal
pending. Friday, the 9th U.S. Circuit Court of Appeals rejected
Michael Poland's latest request for a stay of execution - an argument
that his execution should be postponed while the court decides his
brother's case.

McDonaid called Michael Poland a "totally evil human being” who
deserves to die for carefully planning the cold-blooded murders.

But Poland's attomey has another appeal pending. He contends the state
cant execute his client until he completes a 100-year federal sentence

for robbery and kidnapping. At the earliest that would be 2045, when
Poland would be 105.

Federal public defender Dale Baich has asked a federal court in
Washington, D.C., and the Arizona Supreme Court to stay Poland's
execution until his federal sentence is completed.

The Polands were tried and convicted on the federal charges before they
were tried on state murder charges. Baich claims Arizona officials
reneged on a promise to return Michael Poland to a federal prison after
his retrial in 1982.

(source: Arizona Daily Star)

>>

Saturday October 19, 1886 America Online: Galba33

Page: 1

10-21-98~
ARIZONA:

Condemned killer Michael Poland received a stay yesterday, just hours
before he was scheduled to be executed for the 1977 killings of 2
armored van drivers,

The U.S. Supreme Court refused to override the stay issued by U.S.
District Judge Samuel P. King in Hawaii in the final hours before
Poland was to die by injection.

Attomey General Grant Woods said it will likely be at least a year
before another execution date is set for Poland.

“This hightights how ridiculous the death penalty system has become in
the United States," he said.

King issued the stay based on Poland's claim that a procedural mistake
was made when other courts refused to hear his claim that he is
mentally incompetent to be executed, In earlier appeals, courts ruled
that it was too late for Poland to raise the issue of competency.

Poland's lawyers, however, argued that his incompetency was not
discovered until Friday, meaning the claim could not have been filed
earlier, As late last month, a psychiatrist said Poland was competent
to stand trial, his lawyers argued, but last week the psychiatrist

found that Poland was delusional.

Poland, 58, a Prescott native, and his brother, Patrick, were sentenced
to die for robbing a Purolator Inc. van filled with bank cash as it made
a run to Norther Arizona from Phoenix May 24, 1977.

The brothers wore fake Highway Patrol uniforms complete with arm patches
sewn by their wives, and outfitted their car with emergency lights.

They stopped the armored van on a lonely stretch of Interstate 17 and
kidnapped guards Cecil Newkirk, 52, and Russell Dempsey, 37,

The Polands drove 250 miles to Lake Mead on the Arizona-Nevada line,
where they rented a boat. The guards were tied up, placed in canvas
bags weighted with rocks, and thrown overboard in 50 feet of water.
Autopsies $howed the men drowned and that Dempsey apparently had a
heart attack.

The bodies washed up on the Nevada side of the lake about a month
_ later. Authorities said that had the bodies been dropped a few feet
farther out in the lake, they would have plunged to a depth of 500 feet
and likely never would have been found

The brothers were sentenced to 100 years in prison on federal kidnapping
and robbery charges in 1979. They were twice convicted of 1st-degree
murder in state court, in 1979 and 1982. The verdict in the 1st murder
case was overturned on appeal. ;

No execution date has been set for Patrick Poland, 48, who has an appeal
pending.

‘eo Psland |

Monday October 21,1906 America Online: Gatba33

Page: 1


10-15-98—
ARIZONA:

The citizens of Arizona are planning to kill Michael Poland on
Oct. 20.

in Arizona, to punish them, we kill people who kill people. We do
this not because we're insane or because we're an evil society, but
because we are unenlightened or uninformed.

Some people who have voted (or who have supported by not voting) the
death penalty into law have done so because they fear killers who are
not killed will be returned to the street fo kill again.

As they become informed about Arizona's life-without-parole law, they
choose to support that altemative. Also leaming that the cost of

an execution is far greater than incarcerating a prisoner for life

leads them to change their position.

We live in a fearsome and fearful world that confuses vengeance with
justice and cruelty with power. Some of us live out our lives as
products of that abusive system whether we're killers or killers of
killers. We would rather be feared than afraid, cruel rather than
weak.

We delight in an act of vengeance because for a moment we feel we have
changed positions with the fearsome bad guy, and we feel he is now
weak and we are strong and that feels like “justice” to us.

Now we know what it feels like to be a bad guy and get away with it,
but we don't want to be bad guys - we just want to act like bad guys
~so we call our behavior “justifiable retaliation.”

The more we learn about the world in which we live and about the bad
guys it produces, the less self-righteous and punitive we become. We
leam the difference between forgiveness and acceptance, the difference
between self-defense and retaliation. It is time for us to look at
ourselves: Every Western democracy except the United States has
abolished the death penalty,

(source: Arizona Star News)
>>

( Poland |

Tuesday October 15,1996 America Online: Galba33

Page: 1


PERALTA, Miguel, His., hanged Arizona, July 7, 1916.

"M,. PERALTA IS HANGED: MAN WHO KILLED HIS WIFE AND HER PARAMOUR
AT JEROME FOUR YEARS AGO IS DROPPED TO DEATH IN STATE PRISON TODAY:
Miguel Peralta was hanged at the state prison yesterday afternoon
for the murder of his wife and her paramour at Jerome four years
ago. On his plea of eudlty softer the examination of eight witnesses
Judge F, O, Smith of the superior court of Yavapai county, sentenced
him to be hanged October 11, 1912, Then ensued the various dehays
until Peralta and the other condemned men were brought to the
gallows,
"After the last reprieve, Peralta was sentenced to be hanged a month
ago at the time of the execution of Chavez, but another reprieve was
granted until yesterday oh account of the lack of facilities for a
double execution, Under the ministration of a priest, Peralta
fimmly mounted the scaffold yesterday. He objected to the adjust-
ment of the black cap saying that he was ready to face death. But the
usual custom was observed and he went to death blindfolded, The
drop fell at 3:19, Fifteen minutes later was pronounced dead,
"Peralta was h2 years of age, and had for a long time been a rewident
of Jerome, where he was employed in the smelter of the United Verde
company. He had for sometime been separated from the woman whom he
murdered." REPUBLIC, RAMMBXX¥ Phoenix, Arizona, July 8, 1916.


Authorities said Michael Poland twice hatched plots to escape from
prison that were never carried out. In 1997 Poland offered a guard $2
million to- help him escape duting a visit to a Tucson hospital for eye
surgery.

(source; Arizona Daily Star)
>

Monday October 21, 1996 America Online: Gaiba33 Page: 2


suggests there will be am-
ood and feed supplies if the
res are not drastically cut
uguet.”
* Callander, assistant AAA!
strator and. former chairman:
crop reporting board, said the!
obviously could not reflect!
cron 49mage.

epe “Conservative”

ba was required by law
within the range of its data,”
. “whieh makes it apparent
he report was conservative
light of recent high tempera-

crop report immediately was)
ed to i nter-departmental
«relief agencies which had
during the day on a broad
lo extend government aasist-
n the sun-parched areas. .

were the major develop-

sident Roosevelt announced
5,000 WPA jobs had been al-
d in the drouth area and that
persons already were at work.
AAA added nine Minne-
counties to the list of of-
ily, designated drouth
ties, bringing the total
emergency rating to 277.
than 570,000 farms and
eximately 2,850,000 rural
ass were estimated to be
ed.
Three modifications of the
onservation program were
with an intent to increase
a of feed crops in the North
1 ¢corn belt) region.
Malcolm J. Miller, WPA field
nta , was directed to es-
he iarters at Atlanta for
ising arouth work-relief pro-
Hesianed to give employment

tinued On Page 2, Col. 1)

c? ch Slayi ng
Small Crowd Gathers

To Watch Cowhoy
Pay Penaltv

(By Staff Correspondent)

FLORENCE, July 10.—Protesting
his innocence nuntil the last, Frank
Rason, 26-year-old Mexican cow-
puncher, was executed in the Ari-
zona State Prison's lethal gas cham-
ber at dawn today for the murder
of Joe Romero, another cowboy, on
the desert near Beardsley, June 11,
1935.

His last words were a denial of
the crime. Tees

‘IT am innocent...My father did
the killing!” said Rascon in Span-
ish. The. Rev. Fr. Basil Delgado,
administering last rites while pris-
on officers buckled straps to the
young man, interpreted Rascon’s
simple statement for A. G. Walker,
warden, and newspapermen.

Audience Is Small

The execution, devold of the spec-
tacular, was witnessed by Iecss than
409 men—the smallest audience at
any of the six lethal gas executions
at the Arizona prison.

Although Rascon never broke
down in his march to the white,
straight-backed chair in the lethal
gas chamber, he had none of the
cockiness displayed by Jack Sulli-
van, murderer of an Arizona peace
officer, who was executed May 15.

Like Sullivan, Rascon trotted up
the stairs to the chamber with a
cigar in his mouth, and wearing

Ranc

“MIR Chief
arts North

BHINGTON, July 10.—(AP)
nt Roosevelt headed north-
put of the capital's sizzling
onight, bound for a two-week
n crulse on the Maine coast
pone him for the campaign
alr-cooled train was a wel-
ven for the chief executive
busy day clearing up prena-

pverynmental husiness before
LY ure,
her full day awaited the

nt tomorrow. He will dedi-
he $64,000,000 Tri-Borough
in New York at noon; go by
» Hyde Park to be guest of
at a Roos@elt home club
tion in the afternoon and
tend the wedding of Mra.
Bry. fag

pete thea will accompany
to Hyde Park after
on of the gigantic Tri-Bor-
widge, crossing the Fast riv-
/ fonnect Manhattan, the
works. Ad Bronx, It ie a
ae eh » Administration proj-

wees

only shoes and shorts, But Ras-
con never smiled, and he hardly
puffed at the d¢igar after prison
guards began strapping him in the
chair.

Hoped Father Would “Confess”

Prison officials said he held hope-
until he entered the deat chamber
that his father, who ir belleved re-
siding in Mexico, would come for-
ward and assume blame for the
killing for which a Maricopa County
Superior Court jury condemned him
to die.

But when the heavy white door to
the gas chamber slammed ahut,
Rascon knew he was going to die.
His last hope was gone, In 45 sec-
onds the bag of. cyanide eggs fell
into a bucket of acid water.
of that time Raacon glanced *
fully at the bucket.

He fought against death.

His last effort was to
deep breath, and hold It 45 seconds,
Then the gas began ita’ deadly work,
Before he lost conscionaness, about

time he first inhaled, Rascon
spat out the cigar-—then died,

At 6:14 a. m., nine minutes after
the cyanide fumen began generating
in the ice box-like chamber, the
hardy cowboy was pronounced dead

(Continued On Page 4 Col, 1)

Italy Outlaws

ear-

piel.

y.
wer. ee
¥

i, the chief exeru- |
Te wih”

Radio

| killing a man while robbing a

ost| fered body and leg injuries. | i
H Dawson, Fort. Sill,),

drew atl

‘country store. It was just an or-

ldinary hanging.

Triple Electrocution

Texas had a triple electrocution,
a white man and two colored men.
Grady Warren, the white man,|
went first. Mack and Oscar Brown,|
brothers, followed him, each argu-
ing to the last that it was the other
who committed the murder for
which they died,

John Collins, convicted of killing
a man while robbing a saloon, al-
most hurried as he walked to the
electric chair, at Sing Sing. Noth-
ing lifted hie execution from the
smooth routine developed by Rob-

tioner.
Wife Slayer Hanged
Irwin B, Ottey, 35, who- killed. his
wife and called it a “birthday
present” for her, was hanged in San
Quentin prison in California.

. B. Smiley, colored mur-
derer, did not want to die
“with his boots on” in Alabama
State Prison at Montgomery. As.
he was being taken to the, chair
he kicked off one of his shoes.
The warden made him prs it
back on. “Oh, well,” said Smiley
with resignation, and died.
Three colored men were hanged

within an hour in the glass-en-
closed dome of the Coushatta, La.,
court house. It was the first hang-

(Continued On Page 4, Col. 1)

Balloon Crash
Fatal To Pair

ANADARKO, Okla, July 10.—
(AP)—Two army sergeants were
burned to death and another was
injured when an army balloon from
Fort Sill crashed into a -blackjack
thicket near Cogar, Okla., and burst
into flames late today.

RalphJ—Rumple, 46 years old,
master sergeant, ilwaukee,

Wis., was dead before farmers

reached the blazing ch Sgt.

Douglass M. Tucker, 33, Fort.

a a ah gh at a gph

oseph. Murray, 31, was

srevet) for bnalider and leg
urns.

Capt. L. 0. Lynch escaped

with enly minor injuries.

er was burned about the

ahoul and legs and Murray suf-

Pvt arold ’ n, : ,
one of a soldiers following Mee

pher balioon in a tric

r ee

¢* ino

ert Elliott, much-practiced execu- |.

Tee ee Denil >

Welford issues new ap
aid to President; even

taining ranchers now t
with ruin, he said.

HICAGO, July
(AP)—A roastir
and a thirsty Wes
heavy punishment al
day as the blisterin:
wave signalized i
day by encompassin
of the United State
much of Canada.
The huge total of

losses, estimated at $30
continued to grow. |
Fatalities for the past f
were tabulated at 421 as |
ture records popped from
sissinni valley to the Atlan

Early afternoon hot s
cluded Bowling Green,
110 degrees; Cumberlan
107.8; Jamestown, N.
Richmond, Va., 104;
Mich., 105.

Maximum for the da
ever, was 113.5 degrees a
deen, 8S. D. ‘
But 100-degree heat
standard from Kansas to
ticut and Raltimore, witt
all-time high of 104, cor
least 18 prostrations. In
the Lake Michigan breeze
a 10-day duel with torr
peratures and a reading of
noted, the first in two yea

Fatalities Increase
With every hour bri
tional mortalities ascribed
or drowning as thousands
respite on beaches, the. in
were that the day's list +

:

the heaviest for the long
spell. as.
Tilinois led all states.

deaths, with 75. New Yor
least 17 for the day.. Ohle
10, Michigan and Wiscor
and IiNinois, seven. — |

And no immediate relie
sight. %
With generally fair sven’
vailing over the
the nation, forecasters

*

least two more days
heat. eas
The p


—<--

RASGON

‘ospects
Crops
Id Poor

od And Feed
upply Seen
‘Ample’

ASHINGTON, July 10.

ad — Definitely
* crop prospects on.

1 than at that time in
previous year except.
but with prospective

PRANK,

Thirt

His., gassed Arizona (Maricopa) 7-10-193

en Mu der ls

xecuted In

G1/ a
ours

desired by some of-|
as about ample for,
tic needs, were report-|

di:

sr thlv forecast.

in the govern- |

|

as the first crop report to;

(1936 drouth damage.

d on conditions existing 19!

ago—before the
roof early Julv—it was char-

heat Shows Increase
ated total production of
"wan Placed at 638, 399,000.
5, an increase of nearly 15,-
| over the actual harvest of
000 bushels in 1935. The
rop was forecast at 2,244,-
bushels compared with 2,-
000 last year.
e A. Collier,

bureau of aKk-

edsand seed supplies, said
vised of the report:
view of fears expressed
1926 production, today's
ast’ ig very encouraging
sugneste there will be am-
and feed supplies if the
es are not drastically cut
uguat.” ,
. Callander, assistant AAA!
strator and former chairman,
op reporting hoard, said the |
obviously could not reflect
crop damage.
ope | “Conservative”
ho was required by law
witom the range of its data,”
1, “whieh makes it apparent
ne report was conservative
tight of recunt high tempera.

erep report immediately was
ed to | 1 oar Bega e

ad hy nome veteran experts
ge |

blistering.

|

ralé¢economics apecialist on)

(By United Press) ~J-] |-]

HIRTEEN convicted murderers—five whites and eight
blacks—were executed Friday in nine states.

\ form of execution practiced

IBb

Every

in this country—electrocu- |

tion, hanging, poison gas and the firing squad—were |

employed at one or another of the state prisons where |

Kiss Of Death
T ouches Widow

A “kiss of death” left a pain-
ful imprint on Mrs. Ramona
Rascon, 36-year-old Phoenician
widowed early yesterday after
the state of Arizona executed
her husband, Frank Rascon, in
the state prison’s lethal gas
chamber as a convicted mur: |!
derer.

As the plain casket was borne
toward ascon’s last resting
place in the prison cemetery, it
was opened so that his relatives
might view the body. Sobbing
almost hysterically, Mrs. Ras-
con hugged and kissed the dead
man.

In her kisses she
ingly inhaled deadly
fumes.

She became ill while returning
by automobile from Florence
yesterday afternoon, When a
pareean was summoned to her

ome at 13th avenue and Grant
street last night, she complained
of paralysis in her limbs, of
vomiting and considerable pain.

Timely aid of the prystoinn
probably saved her life ad-
ministered stimulants and pre-
scribed a diet. She is expected
to recover in several days.

Frank Rascon
Dies Denying

unknow-
cyanide

Ranch Slaying

To Watch Ge
Pay Penal

(By Staff Correspondent)

FLORENCE, July 10.—Protesting
his trinocence notil y leat, Frank
Rason, 26-year-old
puncher, was execut

ihis time came, Grier’s keepers al-

Small Crowell Gathers

doomed men walked their “last
mile.”

Two of them were executed for
the same killing, but another con-
demned man died for a triple mur-
der, so the score of killings for the

13 men executed was 14,

Most Dramatic
Most dramatic was the electrocu-
tion at: Raleigh, N. C., of Henry
Grier, colored, convicted of murder-
ing his one-time mistress. When

lowed him to tell fellow prisoners
in death row goodbye.

He broke loose and leaped
from an inside corridor to the
concrete floor of the basement,
30 feet below, in an attempt to
beat the chair by suicide. All
he gained was two hours re-
spite and a lot of pain. His
broken bones were held together
by plaster casts and his bruised
and bleeding body was carried
to the chair by five prisoners,
where he was electrocuted.

Most bizarre was the death of
Delbert Green, who sat strapped in
a chair with a paper heart pinned
on his breast and was shot by five
hidden riflemen in the yard of the
Utah State [Trison at Salt Lake
City. He was convicted of killing
his wife, mother-in-law and an
uncle six years ago “because they
bothered” him ,

Frank Rascon, a Mexican
cowboy, was gassed to death at
the Arizona State Prison at
Florence for the death of anoth-
er cowboy. He marched into
the gas chamber in shorts,
smoking a cigar and insisting to
the last that he was dying for a
crime committed by his father.
Roosevelt Moon, colored, was

hanged at Clarksdale, Miss., for
killing a man while robbing a
country store... It was just: an or-
dinary hanging.

Triple Electrocution

a white man and two colored men.
Grady Warren, the white man,
ptr icy

Ting te ‘to ea Sane
wite committ

i . wae
a

Mack and Oscar Brown,|4\

Continu
Drouth

Indicat

Thousaids fl ‘

Respite
Beaches

The Drouth Situati
At A Glance

™

(By Associated Pres

CHICAGO—East feels full

upward 420 dead cou
heat wave blanketing ¢
U. S. and Southern Ca
the eighth day.

WASHINGTON — Presiden
velt reports 16,500 cropl
ers at werk in drouth
again modifies soils co
program; national death
creases, possibly due to

CHICAGO—Corn scores fi
vance as continued
danger line close to g
west crop; all other gra

MITCHELL, 8, D.—Civie
for rain offered by the

TORONTO—Ontario’s thi
high temperatures bri
al deaths; wilting
to prairie provinces.

SUNDANCE,
rage on .
and South Dakota,

in Michigan,
reports ontupetes ‘

Texas had a triple electrocution, ae

John Colllan, convicted ot kill
while loon, &
Ps fat, hurried as he. pb ste to

mon
slonteic. chair, at Sete
lifted his exe

in the Arls|ert Bull

rellef i -4"° which had
during t day on a broad

hal gas cham-

tona State Prison’ s let
the murder

& Aas u

atsbu aA .

iat hag a = case

Iwhich they died.

Pah


Clendnie: The Brewers have ans Travel Curb Ureed wre A ieptttay page * :
other son, Kenneth, two. | In addition to urging curtailment pick aa Ri hier ae ee oe
Beauchamp said no criminal of group meetings not necessary , ‘ a rae he followed by a “rather
charges would he filed against, to the war effort, Byrnes asked the ail Core Anil diction he drew
INGTON, Jan 5 CAP) Mrs Brewer unti e haby'sivenéral public to defer nonessen n IN a prea) oe
Ww. Barklev wae re-elected chance of survival scertained itial travel. Ft War ot 1812 the Civil
as ‘senate majority ver tpid Be ay and E.| He appointed a Qimmitteg he World War I. In listing
at a Democratic caus W heriff rsday night/ed by J. nts ner lah favorable conditions likely
e wae very fond ofthe Offic# of D se Transp * y
“dhe bigs 15 or'tion, to eceive d pass’upon an- Oe ne ancient ne
ery Saturda he plications for meetings to be Ate ting. ~

ltended by more than 50 ini iduals
This agency, on which representa-

he appen ing p yitha
@ Phyin avaynhg i“fun
f ethafk vy rh | 2n
adtiéfsonMand « ffer | pa
ltives of the war and navy depart-

fits
indness Pro : ments, War Production Board and!

Man $3.90 In Court war Manpower Commission. will
MILWAUKEE, Jan. 5-—-(AP) _\sit, is to decide whether the con-

country and congress ought, ventions are “sufficiently in the
MA to be discouraged by temporary; When Owen McClellan heard an war interest to warrant the tax on

What The Prophets
kt which ave incidental to elderly defendant tell Judge Har- t the t ;
ape inciden baie Neclan he didn’t have catinrg)trenaporistion, and eer Say About Hitler

ome, he reached into his)
to get h It is expected, Byrnes said, that you and 1 haye made our owr

“Other unfavorable factors will
he an absence of generally accepted
ules for conducting business on an

samporary,” the 67-year-old | (Continued On Page 1, Section 2)

declared:

Te ls important that the Demo-
continue! pocket and handed the man a dime

raning rane 2 } arty, chosen to >) , ‘ag the ec ittee will act not only on edicti i
ee Denk ersh rer t iniLater when McClellan's case was the comm ; I . predictions about his down-
. 6 Donne a thee critical Kimber should in aes. Judge Neelan told him: _|requests,from the public, but also) fall, but what of the prophecies
rethet | nrthwe Wilted insofar as it ig possible con~| “The usual fine for drunk andion thos¢ from cyvilian government made years and years ago con-
force (ab.) Siirating on winning the war and disorderly is $5. T'll make it 2 id } wai rise and fall’ Thode
Mogenl nate #6 That oof WMErVing future peace.” because of what you did ; sald he was) as well as other forecastings te
ea ni postserige ~~. a, pe ‘. criting| heads_o al agen-| garding the present war and its
aid t e ie . Vat ® <a em\to take 4teps to] outcome, and the dest'::y of man-
wer in ‘a : ore a er 1ves ] e overnment em-| kind in general are Included in
Casy hale 2 im “ ak 7 nimum consist-| the booklet, PROPHECIES,
eir responsibilities.” available through this Bureau.

lent

TL ep tor Murder Of Phoenix Man 4;

It is fascinating reading, an¢
you will be amazed to see how
many of these predictions have

ny Police

1 with Payne over pay-;

death late today in his police office

oy ‘ RENCE, Jan. 5— (AP)-—Thé unclaimed body of John E. Ran- Chi e been fulfilled. rder your copy
ey Y ? bYear-old colored cook, was buried in the Pinal County Ceme- ief Is Slain | today. Ten cehts postpaid.
fi wmay in a grave bought by fellow inmates of the Arizona State ALBANY, N. Y., Jan. 5--(AP) | Use This Coupon
Bam U2 eh Uy x Where he was executed in the lethal gas chamber this morning| wijliam J. Fitzpatrick, 57-year-old -
“ . .p jfatal’ stabbing of Charles H. Payne, 51, Phoentx bartender. Albany police chief, was shot to] Arizona Republic

Information Bureau,

’ ~Glancing out of the corner of hiSiand -Julian B. Erway, district at-\] 746 Pe St. M,%
uart A : My,
the Buckeye road Septem: eyes as the death-dealing pellets|torney, identified John M, McEI-\| Washington, D.O |
started Ransom’s long|dropped into a solution, Ransom at /Veney, city detective, as the killer. || 1 enctose nevewith TEN CENTS
the execution chamber gs h. th Erway said McElveney had con- | in coin (carefully. wrapped in |
‘interrupted by two ap-|{st tried to -hold his breath, then|ressed shooting Fitzpatrick in the'l paper) for a copy of the Book-
clemency, one "5 the su-;moved his lips as if in prayer and|head with a .38-caliber service re-) fet PROPHECIES. |
Sourt and the other to thelfinally struggled momentarily as)volver after “a short conversation’
‘Board:of Pardons and Pa-|the fumes took effect. pb the gine oe gree say ‘Nal nesteeeneeeeenenanaeeeeseeeeees
ohtioe sar pay Upon arriving at the foor of the harge was placed immediately Name
ppointed over the/geath chamber, Ransom turned tg s Po ce athicacs said the detective,|| ..-..- sv wv'ehtcdaediwiwenesnssil
of his mother from|/Warden A, G. Walker and said: “Ti, pout 50, had been considered a
death tihnsna'prisen AYE) potming Joven! hae ee apod friend of Fitzpatrick, a mem-ll .........ccssccceeeseeeeeneeees
Mie Rev. S. B Hannah in. [Sit I Mave ‘to, sey | soidians at oer of the polite force nearly 26) Street or Rural Route
rd. : ee ; , St years,
gai Lord have mercy! re-tugehtion buried Ransom ih)’ ” ays Cod opal Killed spud eokegine Cus eaehes in cea
Mele at 8 a cMiman-|the prison. ve :.% DON. Jan. 5—(INS)— The ff y
si) to chest : ue tuhe ‘sat wn, to his ae n DNB Agency reported to-| Sewed Oc vanes eeSeuness sa neueerel
ma be and|last { with. tweviher con-|day that Gen, Kurt Moehring, com-|) State
r : med by “slayerss Lee Smith and r Of a. Volkagrepadier divi-i) (Mail to W on. D. Gd.
PERE DAS . : 4 i asia, Ni i i set aie a a BB hs i tae ‘ ae

2 ss
TusLic

» Arison: oe Page
gganuary 6, 1945 Moe:
ss draaliaate ates gga Ex x
4 i ~ You will ‘receive two meat i i il hg
a mgt ie at pens of Sable December salog av
 WRRRBARE i-—Rew wager stnme (e ee 7) an increase of $48,886.65 over the $6087
ae HOA ai —Last dee io we sasquae) December, a greatly than the $622
aes: ie RATE ~Red food tara apts wtb pig age ely ee be Nell, chaleman of the Ark
oR +, : Se “Maricopa county contributed $291,305.37 or 444 per cent aft hiele:
* 7" ey we state/the total. ‘ 88, (way.
wR ERPRATION DATE Airplane stamp The collections were based on net taxable income of $46,800,808.80)
_ Maen Ne. 2 bod No 3 {Book 3)"Ter| and“in addition inelude $624.78 in license fees and penalties, = |
_ wR ArER vots.ccy10N sOMED ‘ Distribution of the tax put $196,545.41 In the state genera} fund, a
de i : » MeRiniey. [ar $98,272.70 in the social security fund, and réetupned $984,818.42 to. the) 4

DAY—Monroe, Longteliow Booker | counties, and $65,515.14 to the cities,

ti ats
i 2X yt ee eee Peon. Capitol! Grant’ Net taxab ‘ome, collections and digtribution, by eounties; : tiger th
MERE prensiin, Grand Avenue. NetTaxubis  TotalNet  % Ot  Returnds sumed
My LS la luca ~ iPaunty Ineeme Colisetions Total Te Countiqn Er :
Lowel!. Stevenson. Washipatoty |» che ; $ 484,282.00 $ 6,193.33 6 $ sae kage
: F d 7 Cochise 273750 ARORA AMS 648 ve
thy ‘al. Coconino 1,003,238.50 17,182.1 2.4 )
ho € ier Gila 2,991,811.50 31,087.08 4.745 15,887;

ge gm

ATEZOL

upon

A.

le

and Paroles of

Zz
i)

aon

Jan

v

a

it

.

-}
a

n

1

re
A

n
ds

*

decisio

its

udgment and

J

(a)

t of mand

wrt

Section 9,

<

Beet

haa

ourt fro

court

Sey
CuilS

=*

aid

oes

juagment,

‘oo eg
Oss

and

VND IT,
BUA,

Dz

AND

A

AD)

UbGsS

Dd

RED,

a

ORD

va

ae]
41

ey, on
ma ix
Pipe Bt

Is

Ii

tence of

il

a
CS

Y

VanboL Cu

BY


ring to

veo

ee

D5

4
4


Phoenix Public Library
Arts & Humanities Dept.
12 BE. McDowell Road
Phoenix, AZ 85004

Watt Espy

Capital Punishment Research Project
P.O. Drawer 277
Headland, Alabama 36345

August 13, 1991

Dear Mr. Espy,

Enclosed are photocopies regarding the Redfield and Tuttle
incident. I was unable to locate material on Antonio Granade
and Firmino Appamo. I suggest you try the Tucson Public
Library for the Appamo story. Their address is: P.O. Box
27470, 101 N. Stone Ave., Tucson, AZ 85701. Solomonsville is
now called Solomon and I suggest you contact the Safford
City/Graham County Library at 808 8th Ave., Safford, AZ 85546
for info on Granade.

Our charge for the additional photocopies is $3.00.

Sincerely,

Rion Peer

ae i

Ap -Prorn

: mi ter that. scbisbany

Ag i aa von , Apvetnismve
ann Jou. Rares.

The pare?’ on tle at sll the’ Principal

: Nevers ver Agencies to oh iAbseteana'
=}

i P. Pinas A ‘Worchante" 'Sachavae, me

San Francisco, will hive the HeuaLD
a nthe ae eee

Joe Kelsey’ 4 place where I had beers | f

staze but didn’ t ‘ont

stopping to huld the ran bh for him! proy
When got to. _ Redfield Chariey ada
eet was there and he ie Reds | 9¢ *

tostart oa “am an old Nios and
Redfield ssid he was afraid o
hatchet as the He was bro

hatchet and after ‘yeu pe through |.

with it throw it asfaras you can.
Itis ne rand has never been used

hen we started Redfield he
- “Take good care of your | 4

ey are your main depen-} wh

It was understood that we’ g

were to do the work on.the Globe| edt ) £0 tc

Btogo near the Oils fiver, ote came

‘our horses in the stubdie field ‘be

tween Remy’s and Hollands rancises | We
(ia fhe large grove of sun-Siowers |

aslonz the -Aitet—Ep.) . and staid
there two days. Finally we got out |
-of provisions and Jack Almer “sald

ould go into Florence and sell bis|*

horse and come ont on . the ste
‘Ale came into town, sold bis. “lore
nd then came outto us and |
Charley Hensley $10. ‘That. bight
Charlie Hensley came into orence
and bought some bread, sume.

pbellf

odephs” yesterday tecelved
Orleans Peas here. | Three

ERLIN, Aug. 31.—It is | ‘the ople|
“Chinese. ce here

| PRESIDENT yore RETURNING. |
- Cartcaco, September. 1.—Collector |

Spaulding received a telegram this

|jevening from Sceretary Lincoln of | |
d- President ‘Arthur's party being io}

ebelsbace to-day, and saying

: Pal

jin published a wilf@
falsehood in regard}
of The Louisiana Sta

Amount of:
Louls ava Sta
Met

_ press Go, New.
. Df, Wescont,:

Vaid to the Lo

v ater ie,

ewe

Toby, Cashie
Paid to Mutuul
Bank, Jos, M

| tor our legality
“| Mayor anc Officer

-| New Orleans, to tt

tles of Louisiana, &
3, Oficials of Lod

: nes stigate; and

year been sold
ers, and own

best known yh fe :

twrca verane
Tiekets only 68.

“I$'e do Acreby ee
sg aA ements

: Toubian Siate

im pereon mani
Drawings theiii
are conducted ;
and in good ful
and tee anthor