Arizona, L-M, 1897-1996, Undated

Ca SSS RS a ee EONY SE BRO APCS SA EG a saa
~ re Foes ess Cory ba Bote ye ee ees 2 Sei fas sess. $t) Faoket oh Se: rh ; ees od ae {Sk ete Sera “asta Sree
Grins 3 Lae oe yaa INTE Bae (oS Ras Ss hag eh Rts Mane Oi ET hy eto ae
8 SII ESS. pa Bec ei tay Sete siag WS aE AN AER aA Seh eke ihe ees ase ¥ ce apa: NH -
Bis the” nebaol of present -limitetions—-in the-tax /-——-- . EkE o.
.ag people who wish | rates the county ts unable to make
yew Block of knowledge, | & a for general opergting ex-| pif HOF
mericantzation class con- = ° :
fH. W. Harris the stugents May Act With Hesttancy. d iCity: Plant o
courre because they find it Various members of the commit-} Years Des:
tp hold jobs. This.is dne}tes-pat many quesiions to. Nr, Aker- =
et that alf members of the} Man, concerning altempts made last ;
foreigners and most of tham} fall to remedy the situation there Though 1,239
the schoo! unable to speak | D¥ Submission of propositions to the — at
a few words of Engijsh.| peopie.: The fact fhat citizens voted guring 2925
@ 20 members m this ejass/@own Proposed levies which would vate fe: the the
: ‘pationallttes af? represent-| have taken care of the situation is —. caceratan
© Roumanian, two Italttans,/¢xpectéd 2 cause some members to Pred Mt ae
ermans. ore Swede, onej™ [Continued - Page 3)... | a": é4 to C..
_-pne Swiss member, -and Fear Gein Ts Internally jof puniic satety.;
Soom Ceocho-Siaxokin wists / MAN . PAYS .SUPREME Hurt: Girl in Ser: 1 Pats low mer
4 2325 to the prodiiencs:
Te re ot the four clasees report PENALTY FOR NURDER Condition. " -J@ered: py Alitance
2B e wor e on

< to the school work is the}
st twice a year. New pupils
in, @re placed tn the same
smth the more experienced
#8 the better pupils are held
geome extent. -There are
gh pupils for two classes end
is mo remedy in sight at the
ime. Consi@ering the
zs tee teacher work sander,
‘Progress has ben made and
2 she three year course will
Smber cf pupils with well
eh; aS.

Leader of
erton Will Be
er at ‘Y’ Meet

Light-of Barberton, super
of the Barberton pablic
ofthe Y. N.C. A. and
resident of the Rotary club,
the speaker at the annual
Bip meeting of the Alliance
A te be held in the First
* eburch next Tuesday even-

seeting will be open to all
ttribictors anc members of
The program will begin at
> with 2 dinner fallowed at:
by the business session and |
ef the evering At least 100

1} EBrt. nd the d: inner.

‘musi. ca short demonstra- !

Beene E:mrm werk. and the

f abe veaors werk will {i

T=

ears rTerer’ wi > be of In-

> hese Theo desire to know
-f he Yo VC A. and

cust for the vear

REN T—IVNGO OR THRER

PUR LiGHT HOUSERERP-

RIVATE ENTRANCE. 171
[ oST.
=45E: NTLEM aN ~ GRUES

|

‘ARIZONA STATE PRISON,
pence, Ariz., Jan. $—(AP)—Wlliam
| A. Lawrence, 27, 0f Muskogee, Okla,
‘was hanged here early today for the
murder of a -Phoentx. Ariz. police-
man. Befcre stepping on the Band ba
Lawrence made ca short gtatement,
Geclaring he wes “not guilty” and
asked sevoral wpilace-whe were Dres-

6at to Ence] with him tna seven min-
wte silent prayer.

Lawresce, the -wargen eaid, was
the. Bravest mah he he@ ever _
Bo to the gallows.

Boafore going to the death cham-
ber Lawrence remained tn hts coll,
playing a cultar and singing a
Spanish love gong.

SPECIALS FOR SATTRNAY
Fancy Creamery Butter, Ib. ....

ri -

Good Luck Oleo, lb ........ 3Ce
> lbs. good tard to a customer 35c¢
Backeye Malt, can ........... 46e

)Navy Beans, 100 Ib. $5.90, 4 Ib 2Be
Good Home Grorn Potatoes, pk. €0¢

100 Ib. Pure Cane Sugar ...$5.65
©5 lbs. Pure Cane Sugar ...3$1.39
Fancy Black Figs, Ib. ........ 35e

10 bars P. & G. or Flake White
Soap

Phone 82

eoererer ere eee eee eee eese as

23, River and Walsxut

| GOOD USED CAR BARGAINS
{2 1924 OAKLAND SPORT TOUR
2 1921 NASH TOURING

'y 1938 OAKLAND SEDAN
. 1 1922 Do 7E TOURING

NCE MOTOR CAR Co. |

FOR SALE— A GOOD LIGHT,
,SIX STUDEBAKER AT A GOOD:
/PRICE. PHONE S268; AFTER 6)
O'CLOCK, 76K.

HOUR SALE TOMORROW, 10
‘TO 11 O'CLOCK. YOU CAN BUY

SILK OR CLOTH DRESSES FOR:

&2.50. THEY ARE WORTH
TO 822.

“THE HUB”

Allinace’s Undoerseiling Store

$10

a ot i hd

Fior- }-

¥

Patroimen John Lillick, Harry
Ly: Groves ang Imagens Ficaley, in-
jured in an gutormobile ccctdent at
Freshurg Wednesday night, are still
in a critical- condition et the Alll-
ance City bospital.

Lillick*s condition ts slichth worse
than Thursday. Physcians have given
up all hopes Gf his recovery. A frac-
tured vertebras and a2 partly severed
spinal cord are his injcrte:.

X-ray examinations of Groves
Thursday afternoon roreal that
three bones in his left les and foot
were fractured. Additional pletures
may be necessery to cstermine the:
mature of his head tnjurica. Physi-
Clans believe his skull ts fractured,
te addition to a slight fracture at
the base.

Developments in Groves’ condition
late Thursday tndicete there might
be tnternal tnjuries. Physicians hare
been unable to determine the ser-
iousness of theses.

The Henley girl's conditton re.
rnaing about the same She ts ue

1

|

; ‘ed to be resting more

X-ray examinations may be meds
unless there ts a change for the bet-
ter in her condition.

Thursday night Groves seemed
‘more comfortable, hospits! anthor-
i ittes reported Friday. Liulick spent
<a very restiess night.

Conéttton of Mrs. Grece Henles,
mother of the girl and MIS. Treva
Hedges ts not considered seTionus.

JANUARY FUR SALE AT GaAs.
TON MILLINERY HOSIEFY. Fry.
DAY AND SATURDAY, JAN. 15
jAND 26.

err war

—"

po eerenee F FAR ee |

Auisnre. institutt

‘| favorea with:
ebera -

Inczgaséd. a ms
vice made’ {s pos:
= MBY cost per
in. $524 t0.:$4.45
thow a het profit
year of $3,558.03

Cioss- 62-1825
third exd final.
Walker -38 supez
ance City hospi
to accept: the
Deval County et
Vine, Fis.

The average
bespital during
@isclosed 41 adn?
The superintende
cites the lenrty
tignt’s hospital
balf days. ;

During 1925
feund {t possible
mately $2.4006 of

g permensr

ASK ST. CLA
FAVOR 10

COLUMBUS,
Mayor H. NM. DBD:
ville bad retatz
fines and costs
tn the handling o
W. C. Jones, -
bureac of accor
report filed with

The mayor
the sums fliegally

The Belmont
ment league we

“132,248.85 when

the league in ium
tn aiding prohib

FOR SALE—

ere

9

ouhty jail in the atate. pay-
counties a aum for each pris-
tin the quila. *. ,

ition {it would relieve the
songestion in the postoffice,
aw providing adequate of-
the various postal officials
ty, including the accounting
nt, which does the auditing
fiees for the entire atate.

ong 4 in the federal
is that an addition
vuld Pe than double the
of the present building is
{ficiala said.

<a

( FAILS TO
CT IN BRIBE
F AT DENVER

bilean A. P. Leased Wire]

R, Colo. Jan. 8.—No Indict-
1 be brought as a result of
sf county grand jury in-
a of. alleged money trans-
, the commutation of the
itence of Maurice Mandell.
nouncement was made in
it by District Attorney Fos-
ng and Harry M. Maatinga.
wf the grand jury, follow.
tamination of 11 witnesees
’'y today.

ement said that the matter
winless further evidence can
ted.

re Morley Tuesday cogimut-
tence of Mandell to a term
> ten years. Maniell war
he state penitentiary for
wenty years in 18923, after
en convicted of complicity
0 embezziement from the
Bank and Trust company

wed institution's fall-
| oy broker"—he is
u wed of speculat-

he bank's funds which had
a him by two bank em-

ew charger will be filed
. against Mandell, District
Tine announced,.to prevent
» July 7 next when he fa
r parole under the com-
‘tence, —

he witnesses to appear he-
rand jury today were Mrs.
fandell, his wife. his two
nd pis father and mother.

ted Grange |
‘$50,000 On
tage! Contract

Odes. (A. P.)—Harold
Age of footbal! fame. today
y G@efendant in a suit for
mages tiled in the superior
. B. Shatz, aleo known as

Q@RA actor.
».oRarges — last August
r entered to a One year
roomtract with the plain-

ioe
meee " ”

f, gent of all other
inewever,: the “bitt recited.

ao: @: cegtract with Cc. C.
and refused. to go
aati

. ean “sneeermeeenrmereneae ence}

while plison Suards approached, dis-
playing the straps with which Law-

rence'a handa were to be fastened
behind him.
“Mac,” Lawrence said to the at-

tarney, “I'd like to sing you @ little
song; but I guess there won't be
time.”

118 amiled and turned to the guards.
“All right, boys,” he satd to them.

“McNabb Interrupted.

“We have xomething to say about
time,” he aald, “I'd like to bear you
sing, Rill.”

Sings Farewell

The condemned man again picked
up his guitar, and put the atringa in
tune. Then he atarted singing, “The
Beautiful Isle of Somawhere,” while
guards, with heads uncovered, waited
and lHstened. ‘Lawrence sang all the
verses, again laid aside his guitar and
placed his arms in position for the
atraps.

While prison guards strapped. he
talked. He repeated his avowal that
he wan dying, a willing martyr, for
some one elise. He insisted that who-
ever killed Haze Burch, “and I'm not
waving who did it,” killed because
it meant hia life, or that of the no-
iceman. Then the atraping was fin-
ished and he waa led to the bottom
of the staiway leading te the cell.
Before he moved forward, he called
loudly up the steps:

“Ll want the audience to watch and
see that [ climb with damn, firm
footsteps,” he shouted. Then he
leaped up the atirway, slamming his
feet against the metalilc ateps as he
literally ran into the chamber.

It war the first time he had heen
in the room, and he apparently war
conf(used. He turned hia head about.
finally located the trap and tmma-
diately atepped upon it. He very
carefully placed his feet in what he
supposed to ha tha correct position.
His atand was wrong however, and
he was turned properly and his feet
placed astride the crack of the double
door trap.

“Have vou anything to say, Bill,’
Warden Sims then sald.

“Yes, I have.” Bill responded.
There was a quiver in his voice, but
hia tones quickly became steadied
and natural.

“IT want to know,” he continued,
“how many of the audience are men
enuugh to kneel and pray with me.”.

All Join In Prayer

The response was instantaneous.

The witnesses went quickly to their

Knees, and Rill atarted his prayer,
one that continued 15° minutea = or
longer. He-talked to his Creator as

he would have talked tna any com-
panion, although at times his tones
were those of an orator defending
himself hefore an accusing assem-
blage. He talked rapidly and prayed
over a multitude of subjects. He
seldom repeated.

He opened his praver by asking
forgiveness for all those who had ace
cused bim of betng a “bandit, a killer
and a bad man,” and he asked for-
siveness for those who had partici-
pated in sending him’ to what he
claimed was ap unjustified death.

“They haven't the nerve to ask
you for forgtveness of themselves,”
Lawrence<anid, “I'll ask for them.”

He refetred particularly to County
Attornay Arthor T. LaFrade and As-
sistant: Gounty Attorney Howard
Speakman of Maricopa county, who
has conducted the Lawrence prose-
cution, He charged they “had lied
against me,” ‘but asked forgiveness
for them, ‘

He was profuse in expressions of
sympathy for Mre: Hase Burch and
her children. orphaned when the of-
fleer was killed.

tte soawiciiig Ao sacar uncone
sciousness and to death. The trap
was sprung at 30 seconds after 5:22.
Nine miputes and 66 seconds later
he was pronounced dead, and the
hody, claimed by his mother and
sister, wae taken in charge by Mar-
tin'a mortuary at Florence, to be
prepared for shipment and burial in
Okmulgee, Okla.

Lawrence's last 24 hours of life
were of little event. He spent much
of the day sleeping, rising about
mid-afternoon for a last farewell to
hia mother and sister. Only guards
and Attorney McNabb were wit-
Neanes to the pathetic scenen which
ensued. Lawrenca§ declined food
after their departure, but aaked for
& atenngrapher to dictate gome let-
term and a public atatement in which
he detailed “my side of the story.”
It was 8 a. m. before he finished.

He then was anked, and consented
to talk with the group of newspaper
men who were to ba witnesses. He
toid them what he later repeated
on the gallowa, with some additions.

“f had planned to die, leaving a
eurse on all whe had anything te
de with murdering me,” he said.

“But my mether begged me to

forgive, and | do fergive.~

“IT am prepared to die; I will ‘be.

saved.”
Artistic Abitity
Scattered on the bunk In Law-
rence’s cell were half a dozen pit-
tures he had drawn of western
scenes. Someone asked for one of
them, and Lawrence complied. Some-
one else axked for one, with the re-
quest that Lawrence autograph it.
Again he complied. All of his ‘pic-
{urea quickly were given out.
The cell then waa cleared, the in-
terviewers returned te the wardens
effice and fihal preparations made
for the execution.
The crime for which Lawrerice paid
the supreme penalty was the slaying
of Haze Burch, Phoentx policeman,
on February &, 1925. Burch, accord-
ing to evidence offered at the trial,
interrupted Bill and his younger
brother Babe, as they were alleged
to have been stealing gasoline from
another car to be put into one they.
were driving. Both were fugitives,
wanted in several states for crimes
of various degrees.
Bill was charged with having fired
and fatally wounded Burch while
the officer was placing handcuffs.
about Babe's wrists, The Lawrence
brothers eacaped. leaving the car,
but were captured the following day
on-Tempe Butte at Tempe. \ :
Tocal officers turned Babe over
to the Texan authorities, where he
war tried and given a 99-year peni-
tentlary sentence on a charge of mur-
dering a dupty§ sheriff, BUl~ was
tried and convicted in Phoenix on
the charge of murdering Burch.
Bill's last atatement, containing.
several errors of spelling and gram-
matical construction, assailed much
of the evidence which condemned
him. The statement, dictated and
ened as he awaited death, was ree.
ea yesterday Attorney Mee
Nabb. It follows: af : we
‘Lawrence's Last Statement = -
“The county attorney's office and
The Arizona Repwbdliican: have per-
sised in telling the. public: that Of-
— orig “tee ca ot cael Babe
a me). in stealing gas
from — aa a= trial was
covered by @ paper, there was
no ieee that justifies this state-
men * re sete go
“The county attorney has atated
to you and to the press that-:efficer
Burch made a dying statement iden:
tifying my picture as.being thet:
the man whe shot iF

him: Mr:

,

whee

sate @vViuene
and poison your
Both he and Mr.

intent to deceive you
minds againa me,
Speakman have made statements
equally untrue and I am unable to
disprove by court records knd there-
fore I do not quoté them here.

“I have told you nothing that {s
‘untrue while almost all of the most
damning statements against me you
Know to be untrue. On the strength
of this I ask that you take all of
the statements from the office of
the county attorney with a grain of
salt or ask that they produce evi-
dence to support the statement.

“lam informed that citizena of the
state have refused to sign my peti-
tlon for clemency because of these
published statements. It in quita
matural for the citizens to believe
the public officers. .

(Signed) . “William A..Lawrence."”

Uncle Of Coolidge
Aspires To Fiddle
Championship Title

BOSTON, Jan. 8.—(A.P.)—John
Wilder of Plymouth, 80:years old and
the latest aspirant to fiddling cham-
Plonship honors, boasts of something
more than 66 years of playing on his
100 year old violin—he is an uncle of
President Coolidge,

The rugged old Vermonter, who
used to play “Old Zip Coon” for the
future president when the latter war
a youth in Piymouth, ig here today
to fill @ theatrical engagement. In
addition he plans tn compete swith
any fiddler not younger than 60 vears
Wd for the old time championship of
New England.

Wilder did not know {ff his illus-
trous nephew knew about his plans.

“Don’t know whether he'll like my

Playing .or not.” he confided to re-
porters. “He never: was much of a
hand to bother about his relations’
affairs.” ‘
As to his championship claims:
“Don't claim to be my champion.
Never said I could beat anybody.
Don’t know -unt!] I try.”

Compromise Ends |
Printers’ Strike
On Pueblo Papers

PUEBLO, Colo., Jan. 3—(A. P.)—

| The atrike on both local papera was

ended by a compromise late yester-
day afternoon and today, al! union
printers were on the job, after be-
ing idle one day.. The new agree-
ment provides for an increase of
$1.54 a week up to July 1 and then
an increase of $3 a week. The‘ °
ment will be in effect for 18 months

inatead of a year. . The printers

Were awarded §3 a week on a 84

demand at : bela “by the

— industrial ‘commise
eon. ‘ - “ee

—o— tating, oe
Inland lighthouses capable of

throwing rays 206 miles -have ‘been
constructed im to gue
traffic by aire: (8 ee,

>

a

‘ tagh

‘ - ‘ 5° ‘
Fitna tah asic es whe ne

NESE
Pa tS

34
* 3 4 e
2 @°-»* quapamm, <aaeemn =e

| court

trial, am set forth in
for a new trial, includ
the jury,

tion
selection of
the choice of jurors,-
evidence, the Instructions
court and “manifest” preju
passion with the impressio
flame the public’ during t
ress of the trial. A revers
lower court decision was

the petition of Shank’s atto

MAN SLAYS T
AFTER ESC
FAOM HOSE

FORSYTH, Mont., Jan. 8.
—The bodies of Peter Jacobi,
and of his niece, Miss
Latsch, were. discovered in
stack on the Jacobt farm thr
eust of here late today, vic
ficers say, of Arthur Thomas
ling, 30, who told them he
pair on December 29 to sen
into “greater happiness than |
can give.” .

The crime was dixcWere
nelghbora came tu the Jacob
to make a aocial call.

Hasterling, who admits he
from a sanitarium at K
lowa, in August. 1925, told
he came to the Jacobi home
cember 29 and @ound nob
home. He was preparing
Hesterling declared, when Jac
his niece came home.

He confessed § shooting

with a shotgun and not havi
more ammunition, he decla
struck Miss Latsch with t
barrel. knocking her t
ground. Jacobi was not kil
said, and struggled to his fee
terling then ended Jacobi’s

an axe, he confessed, and th
the girl in the same fashion.

Recapture Youth

FORT COLLINS, Colo., Jan.
P.)—Twe of three 17-year-ol
who escaped from the state
trial achool ,at Golden Wed
night were recaptured here

day. Clyde Potts, formerly

city, Wag found in a-cave n¢
city, and Paul Crites walked 1
sheriff's office and gave himyg
The third boy, Clifford Aske’
is at large.

“Send It To Eddi!

EDDIE'S $'*"
ee ee a TA
“118 Ne Second AvesnT
'- We eall for and:
Ghtaseoo
my Ae
P-; 4 744 % By
7 ead Urls:


‘| YOUTHEXECUTED FOR
| SLING POLICEMAN

Oklahoman Pays Death Penal-
ty for Murder in Ari-

° zona, t]

Arizona State Prison, "Florence,
Ariz., age &—(A. P.)—William A.
, a

Lawren sed 27, Muskogee, Okla.,
was hanged at 3:22 a. m. here today
for the murder of a Phoenix (Ariz)
policeman,

rence made a short statement, declar- |
ing he was “not guilty,” and then |!
asked several people who were pres- |
ent to kneel with him in a seven-min- |
ute silent prayer. !
The warden said Lawrence was the |
bravest man he bad ever seen go to
the gallows. F
Before going to the death chamber !
wrence remained in his cell pla y-
WiDg a guitar and singing a Spanish ;
love song. He wag 27 years of age. |
Negro Pays Penalty.
Raleigh, N. C., Jan. 8&— A. P.)— |
John Dawkins, negto, was executed '
at the state prison this moroing for |
the murder of Joseph H. Vaughn, |
merchant, of Winstoo-Salen. Two
shocks were aiministered before the
negro Was pronounced dead. Daws-
son confessed to the crime for which
he wae sentenced to ie.

Before stepping on the trap Law-|


LE/GH, C@

, Arizona, early on the morning of Sep-j who it is claimed depended.

|}ived together in Jerome and had been largely dissipated at the ‘tim

ROD eoteaneee
—

Saat aaennaeniesetee a
eee ee ee 4d

IN A TRANGE OF FEAR
MURDERER LEIGH be

moned fo the Scaffold

)

The Slayer of Jennie Bauters More Dead Than’ ’ fe

Alive Presented a Ghastly Figure When the © Hope, |
Encircled His Neck.

Kingman, Ariz., Jan. 18—(Special)— ,above mentioned. Mr. Anderson made |
C. C. Leigh was harmged here today. s bye reget and sae da:

' ; statements he had secur O68 7 ls
|After keeping his nerve all through Leigh had been ‘addicted to the wea”
the ordeal of imprisonmengghe falled | o¢ liquor and drugs immoderately, anil *” 155
to go to the scaffold with the jaunty | that his associations and manner of life | aaa
air he had all along’ predicted. He was | had produced a mental condition on «*
notified that the governor had failed | the morning of the shooting that made:
to grant a commutation of his sen-|him practically insane and {irresponsible | ‘
tence this morning and immediately | for his acts. This was offset the fol- .
he began preparing for the end. He|lowing’ day by the filing of twenty>
'wrote several letters and at noon was| four affidavits secured by the district |
‘washed up, shaved and dressed in a attorney of Mohave county, from res-
neat suit of black clothes, white shirt | idents of Mohave county and of Jerome
‘collar and tie. He met a few friends'all of whom had known Leigh for -
.In_ his cell and bade them good-bye. | from one to five years and all of whom ~
{| When the sheriff went to his cell insisted that Leigh was not given to.
to read the. death warrant and ‘pre- !

pare him for the gallows he collapsed , drugs and that in their opinion he was i
utterly. As the officers approached sane and responsible and the interests
his cell he asked if they had come for of society demanded that the law
him and when they answered “yes,” | should take its course.
he lurched forward against the bars of | The governor after careful consider-: «’
the cell, a projection cutting a heavy ation of all the facts refused to Inters ‘”
gash in his head. Before he could fall 'fere with the execution of the court’s “
to the floor the officer caught him and ‘ judgment, arriving at that decision on
laid him down. He partly revived andj Jan. 17th. On the evening of the 17th, |
the officers carried him to the scaf- Thursday, the governor received a mes-
fold. sage from the mother of Leigh in which |
As they raised “him up his eyes, she applied for a still further reprieve i
partly qpened, but he apparently «jd'that she might bring the case before
not knojv what was going on. Not one_ the president in the hope of securing.
word was spoken by him from the ,clemency. No action was taken one
time he jfirst accosted the officers un- | the law was vindicated. ,
til the drop foll. “| Jennle Bauters, tne- murdered wo- | “4
He wis a ghastly sight as the of-,man, was’ widely known in northern |:
ficers held him up to adjust the rope Arizona and though without the pale of.
around his neck, the blood trickling social: recognition she possessed quali-
down over his face from the woundgin ties that for one in her sphere of life,
his head, dyeing his face and white made her many friends. She was rec*
shirt front with blood. When the ognized as a charitable woman and oné
trap was sprung the body fell lik® a 1; Who was by no means utterly devoid.
bag of sand, there being no perciptible of human virtues even though she had :
movement, and the doctor declared lived a wayward Hfe. Her purse was |
him dead in ten minutes. The kody | open to the needy poor and her man~ |
Was allowed to hang for thirty min- | ner wag that of.one who tried to keep
utes before it was cut down. * ‘within her proper latitude. She cared
-The crime for which Leigh suffered for and educated an only child,’a SONG: |
the death penalty was the cold-blood- who is heir to a ‘considerable estate’
ed -murder of a woman of the world, an estate that no. court would” hava.”
named Mrs. Jennie Bauters, at Gold” been still larger had it hot, been, tor: :
Road mining camp in Mohave county, her unfortunaté allianee with Leigh, ‘

tember 3, 1905. Leigh was a vicious for support. At one time she was,

character and went to Gold Road in to have been quite a large ‘property
company with the woman from Jerome, _owner in the town of Jerome though
Ariz., sometime ¢ before. .They had {gs understood her _ property: had -b

associates for a long time. Having death. But in any event het

wearied of the companionship and the, ward her slayer nad been
frequent Yemande of Teloh ba manna demwaterst amd nttentinal  taaietenss

re eeay Sea Cis

[OS Bele) |~PEG 19-907 (P/)


‘LEIGH, Clement Ce, hanged at Kingman, Arizona, on January 19, 1907. ° :
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35

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essional

un ue

With two bits of metal,
Sheriff Warren Davis was
able to crack the case.

so close together the pointed ends
made a fine-toothed rake. With this
he combed the ashes. McClane and
Fitzgerald meanwhile were loading the
body into the sheriff's car.

‘ Although he scratched painstakingly
through the debris, the officer found
but two articles he considered of value.
One was a little metal bar formed of
the word “Canada,” and the other was
a brass uniform button, with its face
inscribed, “For Service At The .Front,”
and bearing on the reverse side the
cryptic legend, “CEF, C-20, 400754.”

“A Canadian soldier,” he muttered.
“That should narrow down our job of
identifying the victim.”

By the time he returned to Prescott,
Sheriff Davis had crystallized several
factors of the murder into a theory
which he outlined to County Attorney
Clark as I listened.

“Since the fire burned only the upper
part of the body,” he deduced, “the
obvious reason the pyre was set was
to destroy means of identification. That
would indicate that once the remains
are identified, a definite lead to the
slayer will have been obtained.

“The victim’s papers and billfold
could have been destroyed in the
flames, but apparently the killer took
them instead. They must have been
objects he sought. And since the crime
occurred in such a lonely spot, it’s
illogical to suppose that the murderer
and the dead man were complete
strangers. They must have been to-

Undersheriff Joe Furst
trailed the birthmarked
killer to his hideaway.

Left: The noose was the
lot of this murderer for
treachery on the highway.

gether for some time before the crime.

“The slayer made. one mistake—he
failed to think about the buttons on
the young man’s uniform. The num-
bers on the back of the one I found
should be recorded in Ottawa.”

Accordingly Davis wired the Cana-
dian war office, asking if its records
could identify the murder victim. At
9:20 the following morning he had an
answer in the affirmative.

The bar pin was a Class A award,
denoting combat service in France. The
C-20 showed the wearer of the button
had been a member of the Twentieth
Battalion of Canadian Infantry. And
button No. 400754 had been issued to
Arthur DeSteunder, an American who
had served with Canadian troops.

DeSteunder had lived in Chicago. He

- had weathered three battles in France,
had been wounded twice, and had been
honorably discharged from the Cana-
dian forces with the rank of sergeant.
He was 21, five feet seven inches tall
weighed 130 pounds, had blue eyes and
brown hair and was fair complexioned.

Sheriff Davis read the telegram with
elation. He reasoned shrewdly that
DeSteunder had been traveling west
from Chicago, rhaps to the Coast.
Either he had driven his own car or
was hitchhiking. The crime had oc-
curred in the northwestern corner of
Yavapai County, just off U. S. No. 66,
the only road running east in that
region. Someone along the highway,

the officer was sure, would remember. Chicago. They were in a Hudson and |

tng
ithe

asking them to seek relatives of the

_dead man to gain any possible addi-.

tional information about him or his
plan of travel, and*then set in motion
his own investigative machinery on the
trail of the rangeland pyre slayer.

By 10 o'clock Davis and Undersheriff
Joe Furst were headed north toward
Ashfork and the transcontinental high-
way. “We will check restaurants,
a and filling stations,” the sheriff
said.

At the railroad junction city and di-
vision point of Ashfork, the two Yava-
pai County officers visited the city’s
gas stations and several cafes without

‘results.

“Let’s try the Harvey House,” Furst
suggested. “That’s the best place in
town to eat.”

The cashier could supply no informa-
tion. The officers began questioning the
waitresses. Davis halted one, a pretty,
intelligent looking girl, as she was
serving a'patron. Briefly he described
DeSteunder. “A Canadian soldier,” he
concluded. “A sergeant. He would be
wearing his stripes upside down.”

The girl paused, looking thoughtful
as she balanced her tray. “I think I
snw him, sheriff, I remember Pat:
O'Connell talking to a soldier the other

y.
“Who is O’Connell?”
“He’s the railroad yardmaster here.
He was overseas with the Canadians.”

' Pal Birthmarked

A big man in overalls and peaked
cap sat hunched over the desk in the
yardmaster’s office when Davis and the
undersheriff entered. :

“O'Connell?” :

The big fellow looked up and grinned.
“That’s me.”

“One of the girls in the Harvey House
cafe remembered you speaking to a
Canadian soldier last Monday or Tues-
day night.”

“That's right. Why?”

Tersely the sheriff explained.

“Sounds like it was this kid all right,”
O’Connell nodded. “It was late Monday
night—that would be October 3. I had
been to a meeting and stopped in for
a sandwich. This fellow was sitting at
a table.. I saw his stripes and buttons
and went over. I said, ‘Hello, Canuck.’-
I told him I went across with the 255th
Battalion from St. Johns, New Bruns-
wick.”

“Was he alone?”

“No. There was a fellow with him.”

“Can you describe him?”

“He was about a head taller than the
soldier, and had straight black hair and
dark eyes, I think they were brown.
He had a big strawberry birthmark on
‘one side of face just at the corner
of his mouth.”

“Did the soldier tell you his name?”

O'Connell rubbed his fingers through
his hair: “Yes, and I’ve been trying to

think of it. It was one of those double :

names.” ,
“DeSteunder?”
“That's it. DeSteunder and this other

the slightly built Canadian sergeant, . 4
’ He shot.a wire to Chicago police, -

fellow were driving across country from .

wud

25

were hay
rough roi
on stayin;
“Probat
was killed
The sle
transient |
but found
companio:
on the ni
track ther
Before :
distant on
cott. We
authoritie:
to Davis’

and their «
at about n
~ “Twas i
said. “Th
the carbu:
I noticed |
I tried to s
with the b
bill. Whe:
asked him
an argume
his compar
dred dolla:
develop in
together.”
Davis a
Winslow, 6
night there
ing next da
They rea
on the Sa:
midnight. A
the register
lobby, head
from the ur
the desk.
“Look at
page in the
in bold han

Walter Thon
The two o
a tleerael
ry hee
for the Yava
“We're goi:

the clerk. “

about this, ‘


ITT \T4 a” k A ur ky -
BUA LUN» dN Cnan, wh, ei Tp

664 ¢'

ar)

a heap of gray wood ashes. The
arms and shoulders were cruelly
burned, and flames had licked the hair
from the blackened skull. But from the
waist down the fire had not done great
damage; scorched remnants of a pair
of heavy khaki wool breeches pro-
truded from the tops of ‘leather-faced
puttees.
“Big “Jack” Ternberth, whose sheep
grazed over 2,000 acres in the Aubry
valley of northern Arizona, studied the

Te: BODY was lying face down on

‘ eold ashes for a moment, then turned

to the Mexican sheepherder who had
made the gruesome discovery.

Ternberth put his queries in Spanish.
The herder babbled excitedly,

The fellow had seen the fiye in the
afternoon two days before. When he
brought the sheep in to water the next
morning he had found the body, but
not until a helper came to watch the
flock today had he been able to go in
to the ranch house and tell the sefor.

Ternberth was sure it was a case of
murder. Who was the dead man? And
how had he come to that lonely spot
100 yards north of the highway, 25
miles west of Seligman, Ariz.? . These
were questions for the sheriff to answer.

Jack Ternberth noted that wood for
the pyre had been dragged from the
creek bottom beyond the big earth tank
‘which trapped water for the sheep. On
the way in he had seen car tracks com-
ing up from the highway, and from
where the tracks ended some heavy
object had been dragged to the fire.

The rancher scribbled a message on
a leaf of his tally book. “Take this to
the railroad telegrapher at Yampai,” he
ordered the herdsman. “Tell him to
send’ it at once. Then rustle some blan-
kets and grub and come back.”

The wire was to Sheriff Warren
Davis at Prescott, 120 miles to the
southeast over a rutted dirt road which
twisted through the hills of Yavapai
County. Although I would not become
county attorney until the next spring,
I heard of the message to the sheriff
soon after it was received, and was
interested in the case from the very
start.

Davis conferred with County Attor-
ney Neil Clark, and I sat in on the talks.
The sheriff planned to start at once for
the scene. Constable William R. Fitz-
gerald and C. H. McClane, justice of

’ the peace and ex-officio coroner, were

to accompany him. Clark and I would
await word from Davis after he reached

the: Rafter-T ranch.

They got there in the sheriff’s big

a.

LOT [AGES Derec TIVE.

ed A ZSP (Yavapai) 9-9-1921

HAR

Studebaker phaeton early the next
morning and found Big Jack Ternberth
and the Mexican sheepherder camped
beside the water tank. Davis sobered
as he heard the killer had three days’
start at least, but never once did this
veteran manhunter consider the chase
hopeless. -

That was October 7, 1919. The herds-
man had seen the fire on October 4.
Transportation in the sparsely settled
Yavapai srange country in that year
was geared virtually to a horse’s gait;
even with an automobile—and the
slayer obviously had possessed one—a
fugitive could not have fled entirely
out of reach in that region in so short

‘a time:

As McClane turned the body to ex-
amine it, a lead bullet dropped from
the burned shoulder flesh into the
ashes, from which the coroner retrieved
it. The officers found a hole below the
left shoulder blade.

“Shot in the back!” Davis snorted.
It was a western lawman’s strongest
expression of contempt. “Any other
wounds?” ‘

“Only an old scar on the right arm,”
McClane replied. He began searching
the pockets of the unburned trousers.
“Nothing here,” he said at last, rising.
“And since his belt is not burned, it’s
a sure thing his wallet was taken from
the body, and not destroyed by the
flames.”

“Yeah,” the sheriff nodded. “It’s my
guess the fire was set only to make him
unrecognizable. His breeches, puttees
-and shoes look like Army issue.”

That, the officers realized, would
scarcely be helpful in identifying the

charred corpse, since in 1919 there were ©

thousands of ex-soldiers roaming the
country in their old uniforms. Sheriff
Davis strode off ‘to examine the tire
marks of the killer’s car.

Rakes Up Clues

The machine had been driven about
50 yards off the highway, and the body
dragged from it to the pyre. Ternberth
showed the officer where driftwood for
the fire had been procured from the
creek bottom beside the water tank.
Then Davis studied the auto tracks.

The impressions were deep but in-
distinct. The sheriff measured the ra-
dius of the circle in which the vehicle
had been turned. “A long car,” He said,
“and a heavy one, too, to have made
such deep marks.”

From his toolbox Davis took a ham-
mer and a handful of nails, which he
drove through a flat piece of driftwood

a's

.

The girl paused, a thoughtful
look on her face. "I think |
saw him, sheriff," she replied. —
(Photo eee — by professional a


a TIE ET ORE

were having a lot of trouble with our - Navajo County at Holbrook.” “Did you keep it?” Davis demanded. ;
rough roads, I think they were figuring It took Davis and Furst something less The Navajo County deputy shook his-
on staying here all night.” than two hours to travel the 30 miles from head _ ruefully. “Wish I had now, but I
Probably did,” Furst agreed. “The boy _ Winslow to the cow town of Holbrook, didn’t. Martin begged to have it. I figured
was killed on the fourth.” Navajo County seat and once headquarters all the trouble was settled so I Jet him take -
The sleuths checked out all available of the great Hashknife cattle outfit. it.”

transient quarters in and around Ashfork, In the Commercial Hotel three blocks The circumstantial evidence against Ni-
but found no trace of the soldier and his from Nat Greer’s famous Bucket of Blood chan Martin was strong. Davis was con-
companion with a strawberry birthmark saloon, they found what they were seek- vinced DeSteunder had been killed by his
on the night of October 3. “We'll back- ing. Arthur DeSteunder of Chicago and employer. But where was Martin? “Get
track them east,” Davis decided. Nichan Martin of Boston had occupied the birthmarked killer!” That was the
Before setting out for Flagstaff, 90 miles . Room 26 jn the Commercial on October 1. order of the day.

distant on U. S. 66, the sherff called Pres- The clerk remembered both names. Dur- The thing to do, Davis decided wisely,
cott. We'd had no word from Chicago ing their stay they had had two near fights was to catch his bird before he cooked it.
authorities, but we listened with interest over money. DeSteunder had told the If Martin was carrying bank drafts, then
to Davis’ tale of success in spotting the hotelkeeper his companion owed him a _ the issuing institution should know some~

murder victim’s fellow traveler. substantial sum which he refused to pay. thing about him.

‘We've got our job cut out for us now,” Nichan Martin, a tall black-haired man The sheriff secured the name of the Chi-
the sheriff said over the long distance wire. with a strawberry patch at the corner of his cago bank from the cashier in Cooley. Be-
It’s to get that birthmarked killer!” mouth, had paid his debt with a shot in the fore leaving for Prescott, he dispatched ©

Dusk was settling over the peaks of the back near that lonely spot 175 miles to the three wires, one to the chief of police in
Coconinos as Davis and Furst reached west. This seemed certain. But who was’ Chicago to bring him up to date in the
Flagstaff. DeSteunder and his companion Martin? What were the facts behind this case, one to the bank in Chicago, a request
had not stayed there overnight, but L. E. dispute over money? for information, and the third to the chief
Grey, editor of the Coconino Sun and part There was a telegram from the Chicago of police in Boston.
owner of a repair €arage, Torn ihe garese ea ee oe tes ended Neve winslow.
an eir car. ey nm in garage sheriff's office, forwar rom ow. A
at about noon on October 3. Accordin: to Arthur DeSteunder’s Suapept on Importer
_ “I was in the garage at the time,” pes’ A brother and sister, the young war hero had Davis and Furst were home by mid-
- gaid. “There was pena | wrong with left Chicago on September 2, bound for night. By 11 o'clock on the morning of the
the carburetor. We fixed that, and then California. He had been employed as com- tenth they had an answer to all three
I noticed they had a broken rear spring. panion-driver by Martin, a New England wires. Chicago police were still checking.
I tried to sell them a new one. The fell tourist whom Arthur had met in Chicago. The bank drafts had been issued in ex-
with the birthmark said no. He paid the The discharged Canadian soldier had change for a cashier’s check from Provi-
bill. When he got his change, the soldier lanned to spend the winter with friends dence, R. I. Boston police could find
asked him for the money. They had quite * Los Angeles. He had been hopeful the nothing on Nichan Martin.
an argument about it, the soldier claiming mild climate would speed his com lete Davis promptly wired Providence. Then
. his companion owed him a couple of hun- recovery from the wounds he had suffered he turned to his desk to check up on
dred dollars. I thought it was going to in France. routine affairs. He found a note saying
develop into a fight, but they went on . John DeSteunder had received ‘a letter that Jack Amberg, the mortician at the:
together.” ; from his brother mailed at. Cooley, Ariz., Lester Ruffner Funeral Home, wanted, to
Davis and Furst decided to drive to September 27. ‘In it Arthur had said he %€€ him. ; °
Winslow, 60 miles farther east, spend the was having trouble collecting his wages “We found some things on the body you
night there, and continue their backtrack- from Martin. overlooked,” Amberg said. “There was a
ing next day. Cooley, a lumber camp hi h in the White signet ring on the finger with the initials
ey reached Winslow, a division point meountehe: is 64 miles south of Holbrook. ‘A dS’ We found an expensive pair of
on the Santa Fe railroad, shortly before Davis and Furst reached there in the early cuff links, and $60 in bills were wrap

midnight. At the Hotel Statler, Furst signed afternoon of October 9. This time they hit inside one of his | “4

e ’ the register. Davis was halfway across the the ja t. Deputy Sheriff John K. “T]] send the cuff li and the ring to
ie - |obby, headed for the stairs, when a shout (Chick) avis, had good reason to remem- Chicago. That will make identification
from the undersheriff brought him back to ber both men in the Hudson car. positive, although there is not much doubt

the desk. _ “They came in here from Springerville,” now,” Davis said.

“Look at this.” Furst pointed to the Davis related. “ ng tir all night at the When the sheriff returned to his office
a the register dated October 2. There hotel. Next morning their Hudson wouldn’t — there was'a telegram for him from Deputy
in bold handwriting was the name ‘Arthur start. They hired John Barringer to haul Chick Davis at Cooley, DeSteunder and

se DeSteunder. Above it was the name their battery into Holbrook. He was sup~ Martin had spent the night of September |
a Walter Thompson, and below Nichan Mar- __ posed to get it charged or get them a new 2A at Springerville, 25 miles east. Becker’s
s- tin. one and this fellow Martin promised to gree there had a record of repair on the -
Davis beckoned to the clerk. One of pay John $25 for the trip. Then he had Hudson, and from it the Navajo County
those names surely must belong to the some other work done. All told the bill officer had obtained a_ license number
black-haired man with the strawberry was $47 and Martin tried to get out with- issued in Rhode Island, A-89900.
t,” birthmark. Was it Thompson oF Martin? out paying it. : Davis put this additional information in
: “Were you on dut when this was “J arrested both of them, took Martin a circular telegram to be dispatched to all
pe. si 2” Davis demanded. before the judge, and he . changed his peace officers in California.
a e clerk nodded. tune. He and DeSteunder had a couple of “Late that afternoon he had a reply from
tor “Do you remember Arthur DeSteun- fights while they were here. According to a bank in Providence. Nichan Martin was
at ‘der?” the soldier, Martin had promised to pay 4 24-year-old Armenian. He had been in
ons The clerk looked at the’ register. He him $7 a day and hadn't given him any- the importing business in Providence. He
sk.’ shook his head. “No; I don’t.” ; thing. In fact DeSteunder had been taking had never been in any serious trouble, but
5th “He was in the uniform of a Canadian care of some of the bills. he had a quarrelsome nature, was known
oes soldier.” “Well, when Martin saw it was either to carry a gun and was not well liked
“We get lots of soldiers.” ‘ mh pay up or go to jail, he produced two the other Armenians. He had told frien:
“There was a fellow traveling with him, money orders on a Chicago Ce for $100 he was going to California to visit a friend
pretty good size with black hair and a big each and asked me to get them cashed. I named Hogopian, who he said. had an im-
m. strawberry birthmark on his face.” —- took him over to the bank. We wired. porter’s store on Main Street in Los
si “J remember him all right. They came in Chicago and they were all right. He settled Angeles. - Cates “
the together, but which man he was, I can’t the garage bill: and handed’ DeSteunder Davis sent for Joe Furst and handed
and tell you.” . ei ae $100. Said he couldn’t pay the rest of the him the wire. Thirty minutes later the
wn, =s:- Even under careful questioning the clerk money, which amounted to about. $80 or officers were headed for Kingman, small
: én could remember nothing about ‘DeSteun- $100. Of course, it wasn’t any of my Arizona city on Highway 66, west of the

. 3 ‘der, Thompson or Martin. Before retiring business, but Martin swore he would sign murder t. John Mulligan, Jr.,. night
rer Davis sent a second telegram to the Chica- the car over to DeSteunder when they got clerk at the Brunswig Hotel, had a vivid
ging them to try to discover to Holbrook. I turned them loose about recollection of a tall, dark man with a

ae?” |. whether the victim had been traveling with 4 o’clock on the afternoon of October 1, strawberry birthmark.
nugh |, Walter Thompson or Nichan Martin. and they made tracks. : . “He registered. here on the evening of
.g to "The two officers were up at daybreak. “That ain’t all sheriff. Before they left . the fourth as Harry Dyer of Rhode Island.”
uble breakfast and then called at this little soldier told me his pal had “Was he alone?” Davis demanded. ~~
ph office. There was no message threatened to kill him, and asked me to “Ze was when he came in. Later I saw
i riff. ~ take Martin’s gun. I searched through the him with one .of the girls from Pete’s ©
t on to Holbrook,” Davis‘told luggage and found a Smith & Wesson ‘38. ~=orestaurant.” ag a
ther you learn anything at all with the front sight busted off, Martin said “There was no man with him at thé
—_ forward it to sheriff of it was his.” . (Continued on page 49 ' 37
) an %

<daeghee

arguments in killer’s appeal

’ On July 6, Less than six days before he’ was
‘scheduled to: die by lethal:injection,: murderer Luis
~Morine Mata was granted a stay of ex execution. In i a.

ae ae a RR oy cu sete ae Soe, St. 2

4-] ruling, the Arizona Supreme Court ‘said it :
| needed to determine whether Mata received
‘adequate legal representation at his sentencing.

It also wanted to determine whether Mata ;.
should be resentenced, based on a 1983 manrowing
of the definition of whether a crime is especially
cruel, heinous or depraved, , ;

Mata was convicted in the March 1977 slaying
of 21-year-old. Debra Lee Lopez. SNe

‘Now: The Supreme Court will hear ea:
arguments in the case Wednesday at the College éf
Law at the University:of Arizona in Tucson.” *-"

The justices, who will rule later, could uphold
the death sentence, reduce it to life in prison or =
send the case to Maricopa pay Superior: Court :
for resentencing. tes egeniate ; a *

ne

Manday, October 9, 1995

———

The Arizona Republic


Af! ZONA (Regu bie

As ee OS

Symington criticizes Justices

~ : SYMINGTON, from page BI

Ke

difficult areas of the law to deal with. .
‘The fact that executions are de-

layed, Stookey said, is a measure of ~

how poorly the legal system operates

at: the trial level in death-penalty

cases;.not a sign of judicial activism.
<Symirigton made his announcement

“We re angry the stay c came ‘dag

Bill Rottmann’ said. “It’s not fair. The.

justice system isn’t working.”

spoke of the torment. the couple have
suffered over their daughter’s death. ©

happéned yesterday,” ‘she said.
‘Luis Mata and his brother, Alonzo,

and raped at: the Matas’ Phoenix

apartment, then } left on a roadside |

with her throat slashed.

Both originally were condemned to
dié,. but. upon: resentencing, Alonzo
got life and Luis again got death.

‘Luis. was’ scheduled to die . ‘at
12:05 a.m. on July 12, but the execu-
tion was halted July 6 by a 4-1 ruling
by the state Supreme Court. The court
wants. to determine: whether Mata
received adequate legal representation
at” his sentencing and whether he
should ‘be resentenced, based on a
1983narrowing of the. definition of
“cruél, ‘heinous or: depraved.” ies ae

‘Justice. ‘Frederick’. “Martone ais

sented on the stay, which! ‘gave Mata
at least another year to live.

4

ig =e

“Chief

“around the country.”
‘His wife broke into tears as ghee
“ Supreme Court
54 death-penalty.' cases. In 37 of those,
““Ti’s been 18 years, but it’s like ts the conviction and: death sentence of
“the inmates were upheld. In five, the
“sentence was reduced to life. -

were convicted of the March 1977 .

slaying of Lopez, 21, who was beaten’

Symington told reporters that vic- -

_ tims “look on in astonishment while
“our courts continue to protect vicious

killers from their justly imposed
put ishment.”

“Judges are not sent to the bench to ©

sit as moral arbiters, willfully frustrat-
ing justice on the strength of their
own | personal ‘dislike of the death

penalty,” he said.
at. the Capitol, where the was flanked.
by- Bill {and * Lola , Rottmann, «the»
pateiits: of ‘Mata’s: victim, etre Lee

Symington later sent a letter to
: “Fustice ‘Stanley Feldman. an-
nouncing; his..intention to “begin

a working diligently against the judicial
: overreaching - which. has dominated

capital . litigation in Arizona ° and

1991, the Arizona
1as issued opinions in

Since Janu

The court upheld the convictions in
six more cases. but sent. them’ back to

Superior Court ‘for resentencing. In.
the remaining six.cases, the conviction |

was overturned and the prisoner was
granted a new trial. .

Michael Kimerer, president of the
State Bar of Arizona, said. Syming- ..
ton’s comments “‘mischaracterize the

court’s role in a democratic society
and what the court did.”

“The court did not overturn ‘the’
- conviction. or set aside the death
penalty,” he said. “The court stayed

proceedings ‘so further argument
could be presented . . . on two issues.”

David Byers, director of the Ad--
ministrative Office of the Courts, said’
_it would be improper for the justices:
to. comment because the case. is

pending. ~
Denise Young of the Arizona

Capital Representation Project, which

assists lawyers defending death-row:

inmates, said Symington is turning a

legal matter into a political issue.
“This is clearly a campaign speech

aimed at gathering votes and not

-about the wisdom of our Supreme
Court,” she said. “It’s not about the -

horrendous tragedy suffered by the
victim’s parents.”

Symington also called for a study of
the death-penalty process in the state
and federal systems, saying he wants a
task force of attorneys and legislators
to identify reforms. ,

That suits Larry Hammond, an-
other Mata. lawyer, who said many
attorneys support such a review.

Almost half the death sentences

handed out in Arizona eventually are

overturned either in state or federal
court, a situation that some attribute
to the law’s complexity and a lack of

resources for trial lawyers.

Some lawyers have proposed devel-
oping a death-penalty trial center so
defendants will get competent repre-
sentation at their trials, cutting down
on the number of reversals. However,
the state Legislature twice has rejected
requests to set up a study committee
on the subject, Hammond said.

Hamm, a paroled murderer now
attending law school at Arizona State
University, also supports reforms.

“There is a serious problem with

violent crime, especially with violent | 7.
crime that results in the death of | F
someone,” Hamm said. “But this is |

much” more serious than can be
handled with chest beating.

“I can assure you from personal
experience the answers do not come in
bashing prisoners.”


Justices

SATURDAY
JULY 15, 1995

Editor,
Steve Knickmeyer
271-8222

draw

governor’s fire

on Stay Jor

killer

“/S-9S

Hard labor for inmates planned

By Pamela Manson

The Arizona Republic /, yy, OCNIX

Complaining that he is tired of
“judges obstructing justice,” Gov. Fife
Symington on Friday lashed out at the
state Supreme Court for Staying the
execution of Luis Morine Mata.

He also took the occasion to
announce a program that he hopes
will have Arizona’s 121 death-row
inmates breaking rocks and digging
holes.

Symington called the Stay, issued
six days before Mata was to die for
murder, “another case study in how
judicial activism is making the United
States a land where vicious killers
become media stars and escape their
punishments while their victims suffer
for years in anonymous silence.”

The governor said he will work
with Corrections Director Sam Lewis
to set up the hard-labor program,
estimated to begin in 30 to 60 days.

“Security is an obvious problem,
because we are dealing with the most
ruthless killers in the world, who have
nothing to lose,” Symington said.

“But if we can devise a means of
doing it, residents of Arizona’s death
row are going to start digging holes
and breaking rocks while their appeals

are pending.”

The work would be done within
prison walls, he said. Inmates who
refuse will be denied such privileges as
television and phone calls.

A prisoner advocate called the idea
“wrong-headed” and said Symington
is exploiting the victims of Mata’s
crime for political purposes.

“It has nothing to do with making
life safer,” said James Hamm of
Middle Ground. “it is just vengeance.

“This is grandstanding of the worst
caliber.”

Hamm also questioned whether the
inmates can be forced to work.

“The penalty for those people
sitting on death row is execution,” he
said. “The state has the responsibility
for keeping these people until the
punishment can be carried out. The
law doesn’t say they will be sentenced
to hard labor until they’re executed.”

John Stookey, one of Mata’s
lawyers, said Symington is trying to
politicize a legal process.

“We're disappointed that the gover-
nor’s chosen to go after the (Supreme
Court) justices,” he said. “Ags every-
one knows, this is one of the most

— See SYMINGTON, page BS

The Arizona Republic

Wednesday, oey 5, 1995

‘Murder
witness:
[lied

Death-row inmate |
scheduled to die

By Pamela Manson
The Arizona Republic

With a week left before the
scheduled execution of Luis Morine
Mata, the main witness at his 1977

trial now says he lied when he said ° event if Alonzo’s story were true, Luis

Mata raped and beat the woman he
‘was convicted of killing.

In an affidavit filed Monday at the
Arizona Supreme Court, Jorge Castro
said his testimony that Mata assaulted
Debra Lee Lopez was false.

Mata’s younger brother, Alonzo,
was the only assailant, Castro said.

“Luis did not beat up Debbie, and
he did not rape her,” Castro said in
the affidavit. “‘Alonzo was the only
person who beat and raped Debbie in
the apartment that night. ’

“I had known Alonzo and Luis
before that night. Alonzo was Luis’
younger brother, so Luis looked after

him. In fact, they were always —

together. I guess Luis was looking

— See MURDER, page A8

Murder witness says he
lied in death-row case

:

->- MURDER, from page Al
CI

after Alonzo in this case, too.”

4 Las, now 43, initially told police

that he had slashed Lopez’s throat,
but,.soon was saying that he had
cori¢octed the story to protect his
brother. Defense attorneys are trying
to stop the execution, saying that new
evidence shows Luis was not involved
in raping or killing Lopez.

? Alonzo, who is serving a life
sentence for the murder, also is
claiming he was the real killer.

* In a December affidavit, Alonzo |
said he had asked his brother to help /
protect him after he raped and killed
Lopez. Luis never hurt Lopez and was

unaware that he was going to kill the '

young woman, Alonzo claims.

‘eLuis is set to be executed at 12:05
a.ine next Wednesday. The Supreme
Coiirt on Thursday is toconsider a
defénse request to stay it so the

validity of Luis’ conviction and death
| sentence can be examined.

'sProsecutors could not be reached

for*tomment Tuesday. However, they
"have said that Alonzo, now protected

against the death penalty because of
double jeopardy, is just trying to help |
his brother. And, they’ve said that

was a substantial participant in the
crime and is guilty of murder.

jrLopez, 21, an acquaintance of
Castro and the Matas, was killed on
March 11, 1977. Prosecutors say the
brothers raped Lopez at their Phoenix
apartment, then drove to a deserted
road, where Luis cut her throat.

‘Castro, who was at the apartment
that night, claimed then that both
brothers had beaten and raped Lopez.

‘*Luis, then 25, gave that same
version of events at first. However, by

‘the fall of 1977, he was claiming that

he; ‘was only protecting Alonzo, who
was 18 at the time.

‘sBut both brothers were convicted

of: first-degree murder and sentenced
‘to; die. They later were re-sentenced
‘betause of changes in the state’s
' death-penalty law.

‘Once again, Luis was sentenced to
die, but Alonzo received a life term
because of mitigating circumstances,
ineluding his young age.

‘sCastro, a major witness at the trial,
said he did not tell the truth to police
orjurors because he was frightened.

ane

Luis Morine
Mata / Is
scheduled to be
executed at
12:05 a.m.
July 12 fora
1977 murder.

“I was scared that if I told the
truth, Luis might try to hurt me to
help Alonzo,” his affidavit says. “I am
telling the truth now only because I
know that Alonzo has told the truth.”


! tsey
: ‘ es 11-1-$Y

ARIZONA REPUBLICAN, February 5, 1925. Page 1

HAZE BURCH IS SHOT BY GAS ROBBER. NIGHT AUTO PATVOLMAN VICTIMIZED AFTER
Altes OF TWO MEN MAY Bh PATALLY WOUNDED. BANDITS bOCAPE. POLLCE LAUNCH
SEARCH POR ASSAILANTS WiHlO ABANDON CAR AFTER SHOOTING WELL KNOWN OFFICER,

Haze Burch, of the night automobile police patrol, was perhaps fatally
wounded at 12:50 o'clock this morning by bandits whom he snid he had inter-
rupted while they were stealing gasoline in the 7OO block on hast Jefferson
Street.

Shot through the abdomen and right hand, he was taken to St. Joseph's Hos-
pitrl, while the entire police force launched a search for the alloped assail—
ants who escaped, one of them with the handcuff on bis aru where Burch had
locked it.

An nutomobile in which the assailants apparently had been riding: was aban-
doned in their flight and is now at the police station. It bears an Oklahoma
license number. :

Burch, in keeping with his nightly duties, was making his rounds when-he
was attracted by the actions of two men, who, he says, were stealing gasoline
from another car. Ile placed them under arrest, attaching his handcuff to the
arm of one of the men. While the officer was thus engaged, the other man drew
a pistol and opened fire. One bullet penetrated the officer's rights side,
emerging from his left side. The other went through his right hand. burch
fell to his knees, and from that position returned the fire. The bandits es=
caped. The .bandits ran and disappeared. Several calls to the police station
caused na squad to be hurried to ‘the scene, where they found burch still doubled
over his knees. .

"1 caught them stealing as," he explained. He told briefly what had happened
us he was usher! to the hospital where attendants would not permit him to talk
further.

One of the assailants was described by Burch as being a man of ruddy complex-
ion with a sandy moustache and about 35 years old. :

Burch is now completing his second year on the Phoenix police force. Ile was
a candidate for the Republican nomination for sheriff at the recent primary.
lle is a native of Arizona, is married and has three children.

VEFiCer Burch was placed on the operating table at St. Joseph's Hospital at
2 o'clock this morning in an effort to save his life.

Chief Brisbois took personal charge of the search for the assailants shorily
after the shooting.


state ’ a al : eye ;
CITY. Haze Burch, Brother Officers who rushed to the scene found Burch, an
expert shot, lying near his car, his badly shattered right hand still gripping
.hts -revolver, covered with blood from the wound caused by the second of his
assnilant's bullets,

4

» Article: TOTAL KEWARD OF $2,000 IS OFFERED FOR BURCH SLAYERS. Rewards of
$1,500 posted yesterday for the apprehension, "dead or alive," of the person
Or persons responsible for the death of Police Officer fHlaze Bureh, who died in
the line of duty and while actually engayed in protecting property, have raised
to $2,000 the total offered for the capture of the outlaws from Oklahoma believ
to have been Burch's assailants. L
Governor Hunt yesterday offered on behalf of the state of Arizona, a reward

of $1,000 for the outlaws capture, and similar action was taken by the city of
Phoenix when the city commission, in Special session, posted a reward of $500.
the largest amount permissible under the provisions of the city charter,

A price of $500 was first Placed on the Lawrence brothers, "Babe" and Bill,
by the Governor ‘of Oklahoma, following the murder of a deputy sheriff near Fort

Worth, Texas, in June of last year. .(\43y) RR RIREEETL
Governor hint ' proclamation, including a description of the Lawrence brothe
is as follows: Executive Office. State of Arizona. Proclamation of Weward.

"Whereas Ilaze Burch, a peace officer of Phoenix, Maricoap County, Arizona, in
the discharge of his duties apprehended two men in the act of committing a crim
and: whereas, one of the men so apprehended fire a revolver, seriously wounding
the said Haze Burch, which wound may possibly result in his death; and:
Whereas, it is the opinion of the county attorney's office of Muricopa county
that the crime was committed by "Babe" Lowrence or Bill Lawrence, whose descrip-
tions are as follows: BABE LAWRENCL: Age 19 years, height, 5 feet 103/4 inches,
weight, 155 pounds, dark complexion. Eyes, brown or hazel, Slender, Wark brown
hair, llas vertical scar 24 inches long inside the left leg, 3 inches above the
ankle. flas habit of brushing hair back with One hand. BILL LAWRENCE: Age 25 yea;
eight 5 feet 7 inches, Weight 135 pounds, light complexion, medium build,

light brown hair, eyes blue or slate color, Carries head slightly to one side,
teeth good but uneven. "One has Charlie Chaplin moustache and one wears leather
puttees. Oklahoma car in which they were was stolen from that state and is in tl
hands of police here. They are part Indian and are wanted for robbery, burglary
and murder. Now therefore, I, George W.P. Hunt, Governor of Arizona, by virtue
of the authority vested in me by law do hereby offer a reward of $500 for the
apprehension of the party or parties, dead or alive, responsible for the woundir
of the said Haze Burch. In Witness Whereof, I have hereunto set my hand and
ciused the Great Seal of the State of Arizona to be affixed. Done at fhoenix,
the capital, this 5th day of February, A.D. 1925.

Article: STATE AND CITY orrir REWARD FOR MURDERERS. POLICE AND SHERIPF'S OFFIC}
UNITE IN SPREADING DRAGNET POR SLAYERS OF PHOENIX POLICE OFFICER. $2,000 REWARD.
BURCIL CONSCIQUS TO LAST, IDENTIPI“S PHOTOGRAPHS OF LAWRENCE BROTHERS AS JI1S
ASSAILANTS. FPelled by a 45 caliber bullet believed to have been fired early
Thursday morning by A.B. "Babe" Lawrence or Will Lawrence, his brother, wanted
at/ Muskogee Oklahoma for murder, robbery and car theft, Haze Burch, well known
Phoenix Police Officer died at 7 o'clock last Night in St. Joseph's Hospital. —
Officer Burch, shot through the body just after he had placed the Oklahoma out-

laws under arrest, went down fighting ani although portally wounded, emptied his
revolver at his assailants as he lay prostrate on the ground,

E


the shooting and death of the Phoenix policeman, known and respected as one of
the most fearless and uncompromising officers on the department, has given rise
to a far-flung manhunt for the fugitives. Yesterday and last night, practically
every officer in Maricopa county in addition to the entire police force of the
Gity were actively engaged in a search for the slayers. Kvery exit from the city
and its environs was placed under heavy guard within a short time after Burch
was shot and officers leading in the man hunt believe that the escape of the
murderers is impossible. Every other section of the state is also under the
closest surveillance, officials in every principal city and town having been not-
ified in the event that the Lawrence brothers succeed in slipping through the
dragnet placed around the city and county. <A further incentive toward the appre-
hension of the slayers was given yesterday when rewards of $1,000 by the state
of Arizona and $500 by the city of Phoenix were announced by Governor Georpe WP.
Hunt and City Manager L.|. llitchcock respectively. ‘Ihe reward offered by the
state was announced through a proclamation by the Governor in which he stated
that $500 reward would be given "for the apprehension of the party or parties
dead or-alive, responsible for the wounding of Haze Burch. The reward offered

by the city came as the result, of a special city commission meeting held yester-
day afternoon. The rewards offered yesterday raised to $2,000 the total offered
for the apprehension of the Lawrence brothers, $500 having been posted last June
by the Governor of Oklahoma. Identification of the slain officer's assnilants,
establiched to the satisfaction of local officers Thursday morning through the
car nbandoned where the shooting occurred, was made definite yesterday afternoon
when Officer Burch, shown a group picture of the Lawrence brothers, declared un-
hesitatingly "They are the men." The shooting occurred in the 700) block on Kast
Jefferson Street about 12:50 A.M. yesterday when Burch, makings his rounds in the
auto patrol, discovered the outlaws in the act of siphoning gasoline from a car
parked at the curbing. The Office, according to his statements to merchant patro:
men who rushed him to the hospital, had snapped his handcuffs around the wrist
of one of the prisoners and was preparing to link him to the other when the lat-
ter drew a gun and said "1'11 kill you if you try it." When the officer mode a
move to carry out his announced intention, the second outlaw shot twice, one
bullet shattering Burch's right hand, the other ploughing its way through his
body, piercing his intestines, stomach and liver. Burch fell to the ground, drew
his gun and fired six shots, the capacity of his revolver, at the fleeing forms
of his adversaries. The officers have established the identity of the two men as
being the Lawrence brothers through police circulars sent by Sheriff J.P. Led-
better of Muskogee, Oklahoma several weeks ago, and recently by J.A. Doyle, Sher

“iff of Seminole county at Wewoka, Oklnhoma.

The circular from Muskogee states that A.B. "Babe" Lawrence and Will Lawrence
brothers, murdered J.P. Morgan, deputy sheriff, near Fort Worth, Texas Monday
night, June 16, 1924. The murder occurred, the circular states> while the broth-
ers were enroute from Sanderson, Texas to Muskogee. The outlaws also strapped
Deputy Sheriff John Barger to a tree, robbed both men of money, watches and re-
volvers and took a 1924 Buick touring car. The Governor of Oklahoma, it stated,
had offered a $500 reward for the arrest and conviction of the brothers. The
circular received recently from Wewoka stated that the Lawrence brothers on
January 13th last, had stolen a red sport model Nash touring car and gave an
accurate description of the stolen machine, including the motor and serial num-
bers and at least a dozen peculiarities nnd special markings of the car. When
the report of the shooting was received at headquarters Thursday morning, Nearly
every officer on the force, including Chief of Police George O. Brisbois and
Chief of Detectives John J. McGrath, were notified and hurried to the station.
Detective McGrath located the circulars and established, by examining the car
abandoned by the fugitives in their flight, that it was the machine stolen at
Wevokna. The description sent by the Oklahoma sheriff tallied in every detail
with the machine found here, even to a disfigured left front hubcap and a spot
on the radiator near the motormeter. Yesterday afternoon, the investigating

officers showed the photograph of the Oklahoma desperadoes to burch at the hospi:


and it was then that the identification was made complete. ‘The officer, with
the @xception of the time consumed by an operation Thursday morning, was con-
‘scious practically until his death, When the facts of the shooting became

Known and the identity of the slayers was established, a dragnet was immediately
thrown about the city. Chief Brisbois, and Detective Chief McGrath assumed
charge of the investigation on the part of the city, and Chief Criminal beputy
Sheriff Tom Marks in the absence of Sheriff Johnnie Moore, who is confined to
his home suffering from severe burns, joined in the manhunt with every deputy
available.

The spirit of cooperation was complete. Police officers and deputies in
syuuads of twos an] threes were rushed to outlying points in the city and county
and worked in to the center of town, combing every section of the city thorough-
ly. Afoot and by car the officers searched every locality which in their opinion
might afford a hnven for the fugitives.

Throughout yesterday the search was continued and efforts were redoubled
last night. The concensus of opinion was that the outlaws, fearing to attempt
their getaway on foot, had secreted themselves alongthe river bottoms or in the
adjacent hills awaiting an opportunity to steal another car under cover of
darkness and make for the border.

So general was the sympathy for Officer Burch that Literally hundreds of
citizens yesterday volunteered their services to aid in the hunt for the
Lawrence brothers. Availing themselves of this opportunity, the directing offi-
cinls assigned several men picked from the army of volunteers to special guard
duty last night at strategic points on highways leading from the city.

An examination of the bandits car yesterday showed that they were prepared for
any emergency an were probably ready to leave tie city when the shooting of
Burch occurred. Extra clothing and blankets, an extra reserve storage battery,
lanterns and a supply of food sufficient to last at least two weeks, were found
nently stored in the rear of the stolen Oklahoma machine. Many of the investi-
gating officers believe that the outlaws, who are believed to have been in town
for several days, were ready to start for Old Mexico or Californian when they
were discovered, and that the halt made on Last Jefferson Street to replensih
their supply of gasoline from another machine, was their last scheduled stop

in Phoenix. An outstanding feature of the tragedy which cost the life of Offi-
cer Burch was the heroism nd devotion displayed by his wife throughout the or-
deal. Notified of the shooting of her husband shortly after it occurred, Mrs.
Burch was one of the first to arrive at the hospital, rendered valuable assist—
ance in preparation during the first crucial moments after the stricken officer
was brought in abd remained throughout most of the operation. Throughout the
night and during yesterday, the grief-stricken wife remained at the besdie of
her husband, and with other members of his family, was present-when the end
came yesterday evening. at

Shortly before 6 P.M. yesterday, county attorney Arthur T. Lalrade, accom=
prnied by Deputy County Attorney Howard C. Speakman and oa court reporter, visit-
ed Burch at the hospital and took a brief stenographic account of the officer's
story. Very little hope for the officer's recovery was held out at any time,
due to the serious nature of his wounds. Burch displayed great endurance and ;
fortitude during the 18 hours he survived the shooting. "I'll make it alright,"
were his first words when he regained consciousness after the operation. Fre-
quent bulletins issued by his physicians yesterday stated that the officer's
condition was "unchanged," but he sank rapidly after 4 o'clock and the end came
shortly before 7 o'clock. Mr. Burch was one of the best known officers in this
part of \rizona. He served as Constable in the East Phoenix Precinct for six
years, as a police officer for the city of Phoenix for more than two years and
was twice a candidate for the office of sheriff. Ile is survived by his widow
and three children, two sons and a three month old daughter, and two brothers,
Claude and Carter burch, residents of the Valley. The body was removed to the
McLellan undertaking parlors and funeral arrangements will be announced later.


eos a! Fg

- The Arison Republican,

y ‘South

: Reverse
Coalition

ued from ‘Page One)

tory clause, he said,
cement producers had

Cement Costs

it cost Michigan pro-
17 a barrel to produce
cor 4 with a sales

an’ ntario of only
30r, publican Inde-
laho, questioned these

| Vandenberg countered:
hey came from the tar-
ion,

Kean contended: plants
) Were earning but four
| their investments and:
-cent tariff was needed
gian competition on the

larkley, Democrat, Ken-
raised the “trading”
uid he had been urged
| in his state to vote
ariff and added:
» every ofl well in Ken-
i before I join any un-
s¢ in this body. Let
are voting for the high
his bill go ahead and
1@ measure, too. Any
would be dishonest.”
: Republicans and nine
voted for the cement
while 24 Democrats and
ans opposed it.
Fletcher, Democrat,
o voted for a higher
» said in a statement
}e floor that some mis-
ng apparently existed
ic ~ “regarding the
mr ‘o 2 cents a
{ ik in the su-

® uw.__. the impression,
at should the senate

effective the price of

be increased 2. cents
en as a matter of fact
a cost would be only
* each 100 pounds, or

€ a “) A ae » te, Seay eg
. 8 Nee ely
‘ , me 4 , at
+ oe ;

} : a ' LOR sc) ES aa 6, mts he
. MACIAS, Refugio, Mexew tYaneed Arizona (

¢ a Oy { :
} : *
Phoenix.
ne}
—— - = aed a

s

ols Protest On zi
ilway Link F tiled

: , Pp ; fi

WASHINGTON, March: 7.—(AP)
—The formal summary of its oppo-
sition to the proposed Great North-
ern-Western Pacific railroad link in
Oregon and. California, which in
effect would form a new system
connecting the American northwest,
the Pacific coast and ‘the southwest,
was filed with the interstate com-
merce commission today by the
Southern Pacific company.

The brief was the Southern Pa-
cific’s answer to the joint brief filed
a month ago by the two petitioning
roads. In-it: the Southern_Pacific
contended that “neither present nor
future public convenience and nec-
essity has been shown for-the 200-
mile construction project.”

The project would involve exten-
sion of the Great Northern from
‘Klamath Falls, Ore., to Bieber,
Calif, and of the Western Pacific
frdm Keddie, Calif., to Bieber,

Contentions of the Southern Pa-
cific as summed up in the brief
are:

That the territory already is ade-
quately seryed with rail,and high-
way transportation. °

That the Southern Pacific’s in-
vestments in lines affected is
$156,000,000, upon which but a slight
return has been earned, and that a
competing line would “seriously
impair’ the earning capacity of
these lines. ies

That the proposed road would
freate no new rail traffic that can-
not be created by existing lines.

That the waste would include
“some 5,500,000 car miles a year,”
and would place “an unnecessary
burden on commerce.” _

The Southern Pacific algo con-
tended that the project would add
nothing to net railway revenues,
but would, on the contrary, decrease
them and that the applicant rail-
roads had shown no proof of need-
ing a connection between their sys-
tems. y

It was argued that existing lines
could handle all the potential traf-
fic which the new construction
might create, and that present
roads can adequately bridge the gap
between the Great Northern and
the Santa Fe systems.. Lack of
through rates, it was set forth,
“does not warrant the costly dupll-
cation proposed.”

Necessary competition, the South-
ern Pacific said, could be brought
about without “the wasteful dupli-
cation here. proposed,” by accept-
ance by the applicant roads of of-
fers of open gateways to be. fur-

'¢-fourth of a cent a

nished by the Southern Pacifie and

ee 8 eg eee Ed

| Saturda

whit Patek

Morning, March 8,

Macias Hanged
For Slaying
Two Mexicans

FLORENCE, Ariz, March 7.—
(AP)—Walking bravely up a short
flight of stairs to, the gallows,
Refugio Macias, who killed twe men
in a jealous rage, went to his death
at the state prison here early today.
Eleven minutes after the trap was
sprung he was pronounced dead.

‘It ‘was the second execution in
Arizona in two weeks, Mrs. Eva
Dugan having. paid the extreme
penalty February 21 for a: inurder
she .committed at Tucson.

-Before Macias on his trip to the
‘gallows walked a priest who had
administered the last rites to the
condemned man.

Burrows Hysterical

' As Macias was led by the cell of
Richard Nash~Burrows, 19-year-
old Chicago youth under sentence of
death, the sight caused Burrows to
become hysterical, necessitating
the calling of the prison physician.

The clang of the death trap as
Macias dropped to his death further
unnerved Burrows, whose cell, with
that of Charles Foster of Claysville,
Pa, also sentenced to hang, is close
to the death chamber.

As he was being prepared for the
adjusting of the noose, Macias gave
Warden Lorenzo Wright a note in
which he thanked the warden for
kindness shown until the hour of
execution. .

Killed Two

The latest victim of Arizona’s
death house was sentenced from
Gréenlee county for the fatal shoot-
ing of Pedro Ornelas at the home
of Cipriano Delgado at Morenci. Af-
ter shooting Ornelas, Macias killed
Julian De Luna. Ornelas and De
Luna, roomers at the Delgado house,
had attempted to evict Macias at
the request of Paula Medina, who
claimed Macias had been “bother-
ing’ her.

Macias claimed the shooting was
in self-defense.

Oo

More Rum Chasers |

HELSINGFORS, March 7.—(UP)
Fiat eiuapeon has ordered .
ts, each to be fitted
cannons, Yor use in ite ®
rum runners,

a ema a earrmenne ww A RNP aN er Aen et NN Raa Se NEtnSNeN = eee ame

arnt cost to both carriers and the
public. P

. That competition already exists
by rail and water in the, territory
involved also was set forth.

“_. Ps a = =

Greenlee) 3-17-1930.

The}

aoe

Many | Gallon

Of Rare Wir
Seized By L

SACRAMENTO, March 1.
Nearly 200,000 gallons oO
wine, valued at appro
$1,000,000, were confiscated
by federal prohibition agen
raid on the Silva Brothers
winery, 12 miles east of

mento, t. a
‘Matfuel I. and King
brothers, were taken int

tody and subsequently relea
$5,600 bond each by U. S&
missioner John Q Brown,

The federal operatives
‘the arrest and seizure of
tire winery resulted from
ceipt of numerous com piai
garding alleged illicit sale
to unauthorized parties.

The raiders, under go
orders, padlocked the doo
ing into the huge warehous
the vats, of 2,000 gallons c
each, are stored. Commi
Brown stated the warehou
remain padlocked until t
position of the case agai
Silva brothers in_ the
States district court.

Brown declared that in. th
of a conviction, the gove
will become the owner

wine and may put it to le

Price cutting
of follow or le
This is not an

“DOC” S
his day to fil
pitems now os-¢

Southern Pacific asserted that way]

away f

we Oh mw

ter transportation had taken

De eh AHL Aaa ©


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“

Refugio, hanged Arizona (Greenlee) on March 7, -1930.
IN THE JUSTICES COURT OF PRECINCT NO, 2,
IN 4D FOR THE COUNTY OF GREEYLEE,STATT OF ARIZORA,

R=FUGIO MACTIAS,

A complaint on oath ving been filed before me on the

18th day of January, 1929, charging the above named defendant,
Refugio Macias, with the crime of felony, to-wit: Assault with in-
tent to commit murder, snd thereafter the defendant having been duly
arrested upon a warrant issued out of this Court, and brought be-
fore me on the 19th day of January,1929, he was advised of hin epeht
to the aid of Counsel and to a preliminary examination; the defend-
ant having waived his right to a preliminary examination, the Court
thereupon made the following Order:
ORDER.

It appearing to me that the crime of felony, to-wit,Assault

with intent to commit murder, has been committed, in that the de-

fendant, Refugio Macias, on or about the 17th day of January,1929,

in Greenlee County, Arizona, did then and there willfully ,unlawrully,

feloniously, and with premeditation and malice aforethought, by means
of a certain deadly weapon,to-wit, a certain pistol, make an assault
upon the person of one Antonio V.Lerma, with the intent then and there
willfully unlawfully ,feloniously, and with premeditation and malice
aforethnought, to kill and murder the said Antonio V. Lerma, and it
further appearing to me that there is sufficient cause to believe
Refugio Macias guilty thereor, I order that he be held to answer the
same in the Superior Court of the State of Arizona, ig and for the
County of Greenlee, and that the said Refugio Macias be admitted to
bail in the sum of $5000.00, and that the said Refugio Macias be com-
mitted to the custody of the Sheriff of said county and State, until
he give such bail.

. .

Done in open Court this 19th day of, January ,4.D. ,1929.

peice mine

Justice of: tne peace Or Said Precinct


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IN THS SUPERIOR COURT OF TER SPATE OF ARIZON:

.

> iE. WD min AArcimy DT ADD AIT TAN
IN AND FOR THE COUNTY OF GREDNTZ2.

Ho. 850-A

' 20 DISMISS INFORMATION
Rsz2sUGIO MACIAS

Comes now the defendant, by his attorney 7. EB. Allyn end
moves the Court to dismiss the information filed against these
defendant , and as grounds for seid motion state:

I

That on the 24 day of January, 1929, the County Attorney, of
Greenlee County, filed an information ageinst defendant, charg
ing him wi tha Felony with the Clerk of the Superior Court, of the
State of Arizona, in and for Greenlee County.

II )

That more than 60 days have expired since the filing of said
information and this defendant has not been brought to trial,
upon said charge.

iia

Theat the trial of said defendant has not been postponed
upon his application, and that there is not any cause known to
this defendant, why said trisl has been postponed.

WHEREFORE he asks that said prosecution against him be

dismissed.

LCL:

A, KAA fN

Attorney for’Defendant.

enter eta eee Setateiaetied ainarscazteende at meee


STATE OF ARIZONA

THE STATE OF ARIZONA,

Plaintitt

Criminal Subpoena

Arizona, against ........R2202

on the part of

§a,0.

wae :
mail 2 ad ON 8 Segeaeae

witnes# 3.3.......1n a criminal action prosecuted by the State. of

pA EVIE: G. ccntncsoccececsescncnsscencesnsnconansupeinaicngsdioll Rithocesssteocp ci igdeuteviggseredte Defendant

Given under my hand and the seal of the ae

Deputy Clerk

No, 441—-SUBPOEHA—CAIMINAL—The McKeil Comnany's Red-Line Legal Blanks, Phoenix, Arizona 2m-6-20-15

(>S)
Sey


Grim-faced, heavily armed
deputies, pictured at the
right, returned from their
manhunt with their quarry,
indicated by arrows, in
shackles. Below is a close-
up of the death trap at
the Arizona penitentiary
through which one of the
border bandits dropped to

his death.

horses and turn them out of the corral.
I decided to avoid the highway on the
way back with my prisoner in order to
forestall an ambush, so we took out across
the silent wastelands and skirted the
foothills, breaking our own trail, I
glanced back frequently and listened
carefully for sounds of pursuit. There
were none and I got my man to Ruby
late in the afternoon of April 29, 1922.

“This is Placidio Silvas,” I told Ma-
loney. “He is one of the bandits in on
the Pearson killings.” ‘

“Smoke ?” Maloney passed him a sack
of tobacco and brown paper. Silvas
deftly rolled a cigarette.

Puff! Puff! He was perfectly calm.

“Are you a Mexican citizen?” Maloney
asked pointblank.

Silvas looked up, surprised. He broke
his cigarette in two and threw it on the
floor grinding it with his booted heel.

“T was born on this side, way up in the
Pina Blanca Mountains,” he answered.

Maloney and I looked ‘down at the
cigarette butt and exchanged knowing
glances. We took Silvas before the
Mexican women who had declared they
had seen vaqueros pass their places the
morning of the Pearson killings. They
identified Silvas as one of the vaqueros.
He was charged with the murder of
Frank Pearson in Santa Cruz county.
Because he had so many friends of the
outlaw class we turned him over to
Sheriff Ben Daniels of Pima county for
safekeeping.

20

i a a a

On May 10, the Oro Blanco ranchers
and sombreroed men from Sonora packed
the Santa Cruz superior court where
Placidio Silvas went on trial for his
life.

I was in the court room listening to the
evidence when I received a tip that
Martinez was hiding in the Pifia Blanca
Mountains. I quietly selected a posse
and slipped away. As I was thoroughly
familiar with these mountains, I placed
an ambushed guard at all the principal
springs and passes and tried to pick up
Martinez’ trail.

Strikes Bandit Trail

AFIER two days in the saddle without
results, I was poking along under
the blazing sun and cursing our luck
when the sound of rifle fire echoing
through the hills jerked me to attention.
I immediately started in the direction of
the sound.

I came across the fresh trail of a horse-
man in mad flight. I followed it and
caught sight of my quarry just as he dis-
appeared over a sharp bluff. He had
also caught sight of me. The chase led
down an arroyo which spread out into a
valley. I was gaining on him when sud-
denly his horse stumbled and fell. He
was thrown over the horse’s head. He
got up and tried to run. It was Martinez!

“Las manos arriba!’ I commanded
sharply.

He stopped and complied, raising his

hands slowly. I removed his heavy .45
and slipped on a pair of handcuffs. The
injured pony in the meantime had
struggled to his feet but was groaning
in pain, I found he had stepped in a rut
and broken his leg.

“Martinez, I know you were in on the
Pearson killings and I aim to get your
confession,” I told him grimly.

His dark face flushed.

“Why-did you kill them?”

“Quien sabe?” he grunted with a char-
acteristic Mexican shrug of the shoul-
ders.

“You will sabe pronto,” I challenged.
Slipping my lariat around his neck, I
tossed the other end over the limb of a
cottonwood tree, tied it to the pommel
and mounted my horse.

My bluff worked. With a wild ex-
pression on his face my captive began
uttering a flow of words, incoherent at
first, which were to shock two countries.

“Speak English,” I commanded.

“I kill Sefiora Pearson for the teeth of
gold.”

And the man with the drooping mus-
tache went on confessing how he and
Silvas had divided the loot upon reaching
their hideout in Saric, Sonora.

Two of the posse rode up at this point
and we fired six shots in rapid succession,
the signal for the possemen to gather.
We took turns riding double with
Martinez until we reached the first ranch
where we obtained a horse for him.

The capture created quite a lot of ex-
citement in Nogales. It was sensational
as the Silvas jury had been out two hours.
Martinez was immediately booked for
the murder of Myrtle Pearson, Feeling
ran high. Silvas’ counsel permitted the
county attorney to call for the dismissal
of the jury. The county attorney pushed
the Martinez case because, for the mo-
ment, the evidence against him was more
complete.

I left immediately for Saric, Sonora,
where the murderous desperadoes had
divided their loot. I wanted to gather
up the loose ends of the case to obtain
some evidence to substantiate Martinez’s
oral confession which I felt sure he would

[Continued on page 73]

STARTLING DETECTIVE

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ADVENTUL


of
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repudiate at the trial. [ found the camp
site where Martinez said it was. The
most important evidence I found there
was a book of money orders taken from
the Ruby post office. This clinched the
confession.

Guilty Of Murder

N MAY 16, 1922, Martinez pleaded

not guilty in the Santa Cruz county
superior court, but there could be but
one conclusion, because despite the de-
fendant’s frantic denials and his numier-
ous alibi witnesses, the state had the
testimony of the two Mexican women
and there was the horrible truth told by
Irene and Elizabeth on the stand. On
May 18, after deliberating only forty
minutes, the twelve jurors found Mar-
tinez guilty of murder in the first degree
without recommendation of mercy.

That night I went to his cell in the
presence of witnesses to get him to aid
the prosecution in the Silvas trial which
was scheduled to start the next morning.
Although he had confessed to me that
Silvas was his partner, he had_ since
maintained a sullen silence as to the
identity of his companion.

“Silvas told me where you were hid-
ing,” I began, hoping to start him talk-
ing.

He shot a furtive glance over his
shoulder as though half expecting to
meet the accusing eyes of one of those
he murdered.

“Why not tell us who was with you?”
I urged.

His black eyes snapped but he did
not speak. I clung doggedly to the in-

a a
Te —
Mefrd [ER

“I think he’s a friend of the Governor’s.”

terrogation and finally aroused his anger
when I continued to dwell upon the
fact that Silvas had not attempted to
help him.

“Si,” he said finally, “We were to-
gether. We kill many gringos in the hills
for their money.”

He recounted a list of their depreda-
tions along the Arizona border which
amazed the county attorney. After he
had finished he became calm and with
a more satisfied look upon his face said,
“Maybe now Dios will let me sleep.”

The Silvas trial was started on May
19. The defense placed its strength in
character and alibi witnesses. Martinez’s
testimony came like a bombshell. He de-
clared that Silvas had been his partner
in crime for several years, that he had
always claimed his share of the loot and
what was more important still that he
had fired one of the shots at Pearson.

The jury was unable to reach a de-
cision. The balloting was reported to
have shown eleven for conviction and
one for acquittal from the very start.
The jurors were dismissed and another
trial ordered for Silvas.

This third trial lasted twenty-one days
and went on record as the longest crim-
inal trial ever held in Santa Cruz county.
After hours of battling, during which
the ballots showed eleven for conviction
and one for acquittal, Silvas was found
guilty of murder in the first degree with
recommendation of mercy.

On July 12, Martinez and Silvas ap-
peared in the courtroom for sentencing.
For their complicity in the Ruby post
office atrocity, Martinez was sentenced
to be hanged on August 18, 1922, while
Silvas was sentenced to life imprison-
ment in the Arizona state penitentiary.

“The crimes of which you have been
convicted are perhaps the cruelest ever
committed in Arizona,” said Judge W.
A. O’Connor. “Let the punishment that
awaits you serve as a warning to others
who may contemplate the commission
of similar crimes.”

Judge O’Connor commended the work
done by officers and citizens. in this case
and I was awarded $10,000 for bringing
the desperadoes to justice.

Threaten Jail Delivery

OW Martinez was a Mexican citizen

and there was considerable feeling
among his countrymen that he should
not be executed by this country. Then
there existed among some classes of un-
educated peons a secret grudge held
against all Americans based on the fear
that the United States would ultimately
conquer Mexico and place its people in
servitude.

By noon a group of friends of the
convicted men had gathered in front of
the county jail. As the day wore on the
crowd grew, some of them cursing and
muttering imprecations. Sheriff White
realized an attempt at jail delivery would
be made and, taking no chances of losing
his prisoners, he sent for a detachment
of U. S. troops from the post. With the
appearance of the soldiers the crowd

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melted away and the situation immedi-
ately cleared.

At eleven o’clock the next night White
and Deputy L. A. Smith quietly loaded
the prisoners into a touring car to take
them to the state penitentiary at Flor-
ence. The late hour was chosen so as to
forestall any possibility of an ambush.

“Better come along, Oliver,” White
invited.

“No,” I replied, “I’ve got to get some
sleep.”

Noticing that my handcuffs were
heavier than White’s, I suggested that
he use mine,

“Thanks. I’ll have the irons back to
you tomorrow,” he said as he threw the
car in gear and started north toward
Tucson. Smith sat at his side. The two
Mexicans were shackled together in the
tonneau.

“It’s raining,” I remarked to a news-
paper man who was always on hand.

“Yeah, and it’s the thirteenth of the
month,” he replied.

“That’s so, and this is the last of the
Ruby drama.”

“But it’s not over until Martinez is
strung up,” he argued.

There was no hint of tragedy on that
nocturnal ride, yet the warm July rain
that pattered down on the car top beat
a dirge of death.

Br-r-r-rug. Br-r-r-rug.

The telephone was ringing in the
Tucson home of Ben Daniels, sheriff of
Pima county and former Rough Rider
with Theodore Roosevelt.

Muttering to himself he glanced at his
watch and saw that it was one o’clock in
the morning. Whatever his thoughts
were when he jerked the receiver down,
they faded into oblivion when the
speaker’s voice was recognized as that
of his deputy, Dave Wilson.

“Ben, I just got a call from Canoa
Ranch that between there and Con-
tinental there’s a car in the ditch and
probably trouble.”

Daniels was wide awake now.

“I'll be right over,” he shot back,
“Get Lou Tremaine, Carmen Mungia
and Pat Sheehy and I'll pick you up.”

Find Scene Of Tragedy

HE deputies were standing in front

of the courthouse when Daniels
pulled up. After a half-hour of bouncing
over rough gravel roads, Daniels stopped
abruptly. He and his men got out and
went over to a wrecked car by the side
of the road. They shuddered in horror
at the spectacle revealed by the beam
of a flashlight.

Two bodies lay near each _ other,
sprawled on the ground beside the over-
turned car. Daniels bent down to get a
better view of the blood-covered faces.
The features of the victims were dis-
torted by expressions of horror. Their
skulls were caved in.

Daniels jerked erect and gasped in
astonishment,

“It’s Sheriff White and his deputy.
Smith.”

“Smith’s still breathing,’’ someone
said.

But White was dead, his left hand
clutching a pair of handcuffs and his
right lying over a .45 Colt.

“This is no accident,” Daniels de-
clared. “Those head wounds are the re-
sult of a beating.

“Mungia, let’s get Smith to the hos-
pital. The rest of you boys wait here.
I’ll get the coroner and notify Nogales.”

The shocking news of Sheriff White's
death was relayed to me and, hastily
collecting a dozen deputies and a pair
of trained dogs, I set out for the scene
ot the tragedy. We were a grimly de-
termined group for we knew that Silvas
and Martinez were at large again.

Two hundred feet from the wreck we
found the place where the prisoners had
jumped from the moving car. Nearby
was a blood-stained wrench.

We could visualize the crime. The
Mexicans had a wrench—perhaps it had
been cached in the car by some of their
friends. The officers, believing their
prisoners to be securely manacled, must
have relaxed their vigilance. There’ was
a short vicious swing with the heavy
wrench and the sickening crunch of steel
upon bone. White was reaching for his
gun when he received the death blow.
While the car was still in motion the
Mexicans leaped out and_ scrambled
away. The car careened to the side of
the road and turned over, throwing the
two officers to the ground in the posi-
tion they were found.

The dogs would not take the scent
We believed this to be due to the rain
which had long since stopped. There
was nothing to do but wait for daylight.

The early light of dawn found us hot
on the trail. The tracks told us that the
men were still handcuffed together and
that they were in full flight heading east
toward Helvetia, a deserted mining
camp in the heart of the Santa Rita
Mountains, We followed the trail for ten
miles on foot before we obtained horses.
Then the trail led over the mountains
toward Ruby and we lost it.

Deputy Smith Dies

EANWHILE, Deputy Smith died

without regaining consciousness
and as news of the third double murder
spread through the country the rage of
the people rose. Volunteer posses of of-
ficers and civilians poured into Con-
tinental from Pinal, Pima, Cochise, and
Santa Cruz counties and they were de-
tailed by Daniels to scour the desert and
guard the roads.

The warden of the state penitentiary
brought the bloodhounds to the point
where we had lost the trail, but they
could not take the scent. For the second
time dogs refused to help us!

Harry Saxon, pioneer cattleman whose
record as an officer and mountain tracker
is without equal in Arizona’s history,
was appointed sheriff to succeed White
He brought a large volunteer force of
dry farmers and Indian scouts with him
to join in the manhunt.

Five days after the escape there were
seven hundred men enlisted on perhaps
the most extensive manhunt in the his-
tory of the entire Southwest. There were
five days of endless searching under the
merciless desert sun! With the coming
of evening, men gathered in groups and
horses were hobbled to graze by mem-
bers of sweaty, disgruntled posses. Sad-
dies, saddle bags and blankets were
dumped around the campfire. The smell
of sizzling bacon and boiling coffee filled
the air. A mellow crescent moon looked
down.

On the morning of the sixth day as
the sun rose higher and higher in the

' sky, my men moved steadily south over

drifting sand and through blistering
wind. At high noon I met Harry Saxon.
He was resting his horse in the shade
by a deserted mine.

74 Tuank You For MENTIONING STARTLING DETECTIVE ADVENTURES


‘Just picked this up.” He handed me
a blood-stained file.

“They've cut the handcuffs,” I de-

clared, “and they must be in this neigh-
borhood.”
Saxon was tense as he rode along the
canyon’s edge. Then in the foothills of
the Tumacacori Mountains his horse sud-
denly snorted and kicked up his fore-
legs.

Saxon looked curiously ahead. He
could discern some object under a stunted
oak. It was a bloody human foot! He
shoved back the brush and peered closer.
There lay Martinez and Silvas side by
side raving with thirst and grown reck-
less with exhaustion! They had dodged
from bush to bush over seventy miles of
broken country filled with Spanish bay-
onet, An amazing feat of stamina and
endurance.

The End Of The Trail
W E FLASHED the word of Saxon’s

find to the various posses and
three hours later he and R. Q. Leather-
man jogged into Nogales with the
bruised and slobbering Martinez and
Silvas.
That night Saxon whisked his prison-
ers off to the penitentiary where Silvas
was to spend the rest of his days and

Martinez was to be hanged on Au-
gust 18.
But on August 18, Martinez was

granted a last minute stay of execution
so that his case could be reviewed by
the state supreme court. This tribunal
dismissed the case because of the delay
in filing the appeal. The year 1922
dragged by and 1923 came in. Martinez
had been held at the penitentiary during

all this time. He was now returned to
Nogales and Judge O’Connor sentenced
him to be hanged on May 25, 1923.

Martinez still had friends and rela-
tives on the outside who worked unre-
lentingly for commutation of the death
sentence. There was the formal inter-
vention of President Alvero Obregon of
Mexico who made a plea to Governor
George W. P. Hunt to save Martinez
because he was a Mexican citizen. This
bold appeal gave the case an_interna-
tional aspect. But Governor Hunt and
the Arizona Board of Pardons and Pa-
roles refused clemency to the condemned
man.

Exactly twelve hours before execution
time the attorneys representing Roberto
Quiroz, Mexican Consul at Phoenix, ob-
tained a writ of habeas corpus in Pinal
county on the allegation that Martinez
was to be executed without due process
of law.

The supreme court intervened, quashed

the writ, and declared Pinal county in.

error. But the execution date had passed.
Again Judge O’Connor sentenced Mar-
tinez to die on August 10, 1923,

The gray dawn of Friday, August 10,
came. Manuel Martinez knelt in silent
prayer before a priest and received the
last rites of his church. For the rest of
Arizona that dawn gave promise of a
bright sunny day but for Martinez it
was the pay-off for his murderous sal-
lies in banditry.

Warden R. S. Sims entered Martinez’s
cell and touched him on the shoulder
saying, “It is time.”

Martinez heaved a deep sigh, stood
erect, whipped off the gay bandana from
his throat and walked down the corridor
to stand squarely over the trap. He was

“H—!! Now I forgot my toothbrush!!
Tuaxk You For MENTIONING STARTLING

Derective ADVENTURES

Arrest Him,
Officer!

I'LL HAVE COMPLETE FACTS ON
THE OTHER FELLOW TONIGHT!

-, Ps

Follow
This Man!

ECRET Service Operator No. 38 is on

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I Name  ssrccrsrrreeees


MATA, Luis, Hispanic, LI, AZSP (Maricopa) on August 22, 1996.

MATA, Luis, Hispanic, Maricopa Co.-”On the evening of March 10, 1977, Luis Mata
and his brother, Alonzo, were at their Phoenix apartment with Debra Lopez, When Lopez got up
to leave, Luis stopped her and told her they were going to rape her. The brothers began beating
her with a rifle and their fists, and each raped her. They drove the unconscious victim from the
apartment and Luis killed her by cutting her throat witha knife, nearly decapitating her in the
process. Alonzo Mata was also convicted for the murder of Lopez, but received a life sentence.”-
Death Row, 1996, V. 6, page 192.

”Phoenix...The Arizona Supreme Court in May lifted a stay of execution for Luis Mata,

. 45. The state then refiled a warrant seeking to execute him by lethal injection. An Aug. 22 date

was set.,.Mata was convicted along with his younger brother, Alonzo, of raping and killing Debra
Lee Lopez, 21, on March 11, 1977, after a night of drinking, smoking marijuana and shooting up
with heroin. The woman, whom the men met in a bar, was stabbed repeatedly, and her throat was
slashed so severely she was almost decapitated, accordingt to the medical examiner’s report. The
brothers were convicted of first-degree murder and were sentenced to die. They were
resentenced later under changes in Arizona’s death penalty law with Luis getting a death sentence
but Alonzo receiving a life sentence because of mitigating circumstances, including his age...”-
Star, Tucson, AZ, 7/23/1996.

The Matas met Ms. Lopez, 21, at a bar and took her to their apartment where they spent
the evening drinking, smoking marijuana and shooting heroin. At his clemency hearing, Mata
stated that if he had not been drinking the rape and murder would not have occurred. -From
Associated Press, Compuserve, 8/22/1996, 4:08 EDT.

Arizona Executes Murderer
"P 22-Aug-1996 4:08 EDT REF5027
Copyright 1996. The Associated Press. All Rights Reserved.

The information contained in the AP news report may not be published,
broadcast, rewritten or otherwise distributed without the prior written
authority of The Associated Press,

FLORENCE, Ariz, (AP) --~ A Phoenix man who, along with his brother,
raped, stabbed and nearly decapitated a woman he met in a bar was
executed by injection early Thursday.

Luis Mata, 45, and his younger brother Alonzo raped and killed
21-year-old Debra Lee Lopez after a night of drinking, smoking
marijuana and shooting heroin on March 11, 1977.

Ms. Lopez was stabbed so many times and her throat slashed so
severely that she was almost decapitated, authorities said.

The brothers were convicted of first-degree murder and sentenced to
die. They were resentenced after changes in the state’s death penalty
law. Mata received a death sentence again, but his brother, who was 18
at the time of the murder, was sentenced to life in prison.

At a clemency hearing Wednesday, Mata said he did not kill Lopez but
“if I had been sober ... I would have been able to prevent this, but
the way that I was, no." |

The clemency board rejected his appeal Wednesday, despite testimony
that Mata was born with water on his brain and suffered other brain

mage. A three-judge panel of a federal appeals court and the U.S.
vupreme Court refused to grant stays of the execution.

Lola Rottman, Ms. Lopez’ mother, testified at the hearing by
telephone, begging the board to carry out Mata’s sentence.

“This horrible murder seems like it happened yesterday. Luis Mata
has totally destroyed our lives," she said.

~~ ee ee ee

Subj: Killer executed in‘Arizona for 1977 Slaying

raping, beating and killing 21-yearold Debra Lee Lopez. Her
nearly decapitated body was. left in a roadside ditch. —

Officials said an apparently remorseful Mata died at 12:51
&.m. local time after réceiving thé fatal injection at the state
prison complex. coe reo faa i)

a Witnesses said the 45-year-old gaid ‘'Tell éveryone I’m

sorry,’’ before being administered the mixture of sodium
Pentothal, pancuronium bromide and potassium chloride.

He died 55 seconds later.

Mata’s case was thrust inte the public eye last year, when
Arizona Gov. Fife Symington lashed out at the court system for
allowing such caseg to drag one Vola |

. With the murdered wortian’s parents at his side, the governor

X

called on prison officials to start a hard labor program that
would punish death-row inmates like Mata.

_ _ Mata escaped deat. this week, when ‘the U.S. Ninth Circuit
Court of Appeals in San Francisco stayed his execution /
Tuesday. But the decision was overturned by the U.S Supreme

Arizona resumed capital Punishment after a 29-yeat absence.
“REUTER@ a eae :

He was the sixth person to be put. to death since 1992, when

rial is for personal use only.

Republication and redissemination, including posting to news groups, is
expressly prohibited without the prior. written consent of Reuters.

(Cc) 1996, Reuters Limited. Thig mate

To edit your profile, go to keyword NéwsProfiles.
For all of today’s news, go to keyword News.

eat a a eae a he ee pe tg mle orate me ah th eh ge opp pts ea Headers wm a a i ae
From AOLNewsProfiles@aol.net Thu Aug 22 04:45:19 1996


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calm and collected, threw his shoulders
back, brushed his black mustachio and
the black cap was slipped down over his
head. The hemp noose was adjusted and
the trap was sprung.

Martinez was dead! He had paid his
debt to society and finis was written to
the Ruby postoffice enigma.

“Here’s how the Boston police got
McManus and Turkey Joyce. The
fugitives ran down through the yards
to Shed Ten, just over Millers River.
(A branch of the Charles.) The shed is
built on piles. They climbed in under-
neath and stretched out on some tim-
bers. The tide was going out or they
couldn’t have stayed there.

“Anyway, Deputy Superintendent
John M. Anderson heard they were in
there and he went over with a party of
cops and guards. They looked in—it was
kind of dark in there—and they saw ’em
hiding. So they yelled to ’em to come
out, then chucked in seven tear gas
bombs,

“Then Patrolman Martin P. Kelly
went in. He heard a little splash, and
he thought they were down in the mud
and water. But he looked up and he
saw McManus.

“‘Stick your hands up!’ Kelly said to
McManus. ‘I can’t,’ McManus answered,
‘I’m hanging on with both hands.’

“So Kelly puts his gun away and goes
over to help McManus down.. He puts
his hands up under McManus’ shoulders,
and McManus puts his hands on Kelly’s
shoulders.

“But a prison guard, Edward J. Fields,
looks in. It’s pretty dark in there and
Fields thinks: McManus is fighting with
Kelly. So Fields fires.

“The slug goes right past Kelly’s ear
and through both of McManus’ lungs.
Kelly was pretty lucky; McManus
wasn’t. He’s done.

“Joyce was about ten feet away. He
came out by himself, with his hands up,
crying from the gas, They gave him the
bum’s rush back into the prison.”

Questioned about his part in the cap-
ture, Patrolman Kelly told the following
story:

“T saw a crowd around Shed Ten
throwing gas bombs, so I squirmed un-
derneath. I heard some splashing around
and I yelled an order to come out.
saw a face for a moment, then it disap-
peared; but I could still hear a fellow
breathing.

“I uynholstered my gun and told the
man to come out again. He agreed in
a weak voice.

“He couldn’t put up his hands very
well, though, and still come out, because
he was in a hole with water in it and
needed his hands to climb out. He said
he had no weapon on him, so I went
over and put my hands under his arm-
pits to help him out.

“He dropped his hands on my shoutl-
ders to help and then I heard something
go crack and I sort of felt something fly
past my ear and strike him in the chest.
McManus said. ‘They got me.’”

They had him, all right. McManus

Ruby, once drenched in blood, stamped
out the threat of bandit raids by peti-
tioning the U. S. War Department for
protection. Today there are mounted
U. S. Customs officers and a deputy
sheriff there. Prices of metals have gone
up and Ruby is again one of the liveliest
mining camps in the Southwest.

was taken to the prison infirmary. Of-
ficers from the Charlestown station went
in to question him, but he wouldn’t talk.
That evening he died.

Witness Describes Attack

ERHAPS it was as well for him that

he did. According to the story of
Bill McDonald, the trusty, it was Mc-
Manus who swung the iron bar on
Richards’ skull.

“T was lifting a carton off the truck,”
said McDonald. ‘Richards’ back was
turned to me and he had one foot on
the running board of the truck. I saw
McManus hit him at the base of the
skull with an iron bar.

“Richards fell to the ground and |
jumped off the truck so that I landed
with both heels on McManus’ neck and
shoulder blades. He fell forward on the
ground on his face and hands.

“Then I was struck from behind by
somebody I did not recognize and
heard some one shout, ‘Give it to him,
O’Brien!’ I went down on my knees
and fell across the cane that Guard
O’Donnell had been carrying before he
was slugged.

“T came up with the cane in my hand
and I knocked McArdle down and
rushed to the guard room. I fell across
the threshold of the door in my hurry
to give the alarm.”

That was about all of the story that

st

Edward McArdle, 24, a member of
the desperate band, was recaptured.

76 THanK You For MENTIONING STartLinG DETECTIVE ADVENTURES

even!
Me

exam
found


E. J. MONTINI

Republic Columnist

Declining
a death-row
invitation

mbee 0,5

B *“tis‘Morine Mata has invited me to
his death.

The offer was extended through his
attorneys and confirmed by the state
Department of Corrections, where an
official told me Monday, “Yes, your name
is on Mr. Mata’s execution list.”

_ IfI were.to accept, I’d travel to Florence

sometime during the day of July 11. I'd

spend a couple of hours inside the Arizona

, State Prison complex being schooled in the
etiquette of execution. laa

Emotional outbursts are discouraged, and
exaggerated movement. _

A wink is preferred to a nod.

Unblinking silence is best. As in a
church.

Eventually, I'd be escorted to a room
with a window looking into what is called
the death chamber. A blind would be
* Opened and I'd see Mata strapped to a
gurney, IV tubes in both arms. He
originally asked to be executed in the state’s
gas chamber, but changed his mind. A
prerogative of the condemned.

Just after midnight on the 12th, if there is
no last-minute reprieve, a lethal dose of
poison will be sent through the tubes. The
last person in Arizona to whom this was
done was the murderer James Dean Clark.
Witnesses reported that his chest heaved.

That was all.

——

Tr.

Being an accomplice

I’ve been invited by Mata to stand there
when it happens to him. To watch.

I declined. I won’t be there.

It isn’t because I don’t want to observe
such a thing, but because I refuse to
participate in it.

It isn’t because I couldn’t stand to watch
someone die, but because I couldn’t stand
by, silently, while someone is killed. To be
what prosecutors call an accomplice.

Mata was convicted of raping and
murdering a woman named Debra Lopez in
1977. Her throat was cut so deeply it nearly
severed her head, the way authorities
describe the wounds to Nicole Brown
Simpson. Only in the Simpson case, there
will be no death penalty.

It’s often that way in murder cases, a
confusion over which killers to kill, and
which crimes to kill for.

In this case, both Luis Mata and his
younger brother, Alonzo, were charged
with the crime. Alonzo is serving a life
sentence. Originally, he said Luis did the
killing. Recently, he claimed Luis took the
blame for him. Alonzo says he killed Lopez,
not Luis. But that argument hasn’t
convinced any judges.

Prosecutors who once used Alonzo’s
testimony to convict Luis now say he’s
lying.

There is no way to know for sure, of
course.

Attorneys for Luis Mata have asked the
state Supreme Court to vacate Luis’ death
penalty. They want him to be resentenced.
They have mental-health evaluations, school
records and affidavits from family members
concerning Mata’s childhood and
background. These things were never
presented at Luis’ sentencing hearing.

The original prosecutor, Michael
Donovan — the man who put him on death
row — says Mata should not be executed.

“T had not previously seen these
materials and was unaware of this
information,” Donovan said in a sworn
statement. “None of this critical
information was presented at Luis Mata’s
sentencing hearing.

Prosecutor shocked

“Quite frankly, after reviewing these
materials, I am shocked and upset that this
information had not been presented... Had
I known this information, I would not have
requested or pursued a death sentence.”

Prosecutors for the state Attorney
General’s Office will argue against altering
the sentence. It’ll be prosecutor against
prosecutor, witness against witness,
certainty against uncertainty. And, in the
end, Mata still may be strapped to a gurney,
IV tubes in both arms.

I won’t be there, though.

It was a vicious killing in 1977. I can’t
argue with that. I can’t understand those

< who say there’s another variety, either, a
way of killing another human that is not
vicious.

The Mata brothers would be no less
guilty, I figure, and no less cruel, if they had
strapped their victim to a gurney and
injected her with poison.


Ve ey ee ee

di High court turns down 2 death-row appeals
aK as The U.S. Supreme Court on Monday turned down. without comment. the
appeals of two Arizona death-row inmates.
Luis Morine Mata. +3, was sentenced to die for the 1977 murder of Debra
Lopez. whom he raped. beat and nearly decapitated in his Phoenix apartment.
David M. Ramirez. 37. was sentenced to die for murdering a woman and her
| teen-age daughter in their Phoenix home in May 1989. Ramurez was convicted
in the stabbing deaths of Mary Ann Gortarez. 32. and her daughter, Candy, |.

FLO ee” ae

52 The Arizona Republic Tuesdav. November 1. 1994


THE ARIZONA REPUBLIC

(9

Killer chooses to die in gas chamber

Is first to pick old method over lethal injection

By Pamela Manson
The Arizona Republic

Luis Morine Mata, who raped and nearly decapitated
a Phoenix woman in 1977, has chosen to die in the gas
chamber at his July 12 execution.

Mata, 43, is the first inmate to choose the old method
of execution over lethal injection, which was adopted
after Don Eugene Harding’s gruesome death in the gas
chamber three years ago. An attorney for Mata:declined
comment on why his client picked the gas chamber.

Mata and his brother Alonzo were convicted of
killing Debra Lopez, 21, who was beaten and raped by
the two men at their Phoenix apartment in March 1977.
The brothers then drove the unconscious victim away
from the apartment and Luis Mata cut her throat,
almost severing her head. They left her body by the side
of a road in west Phoenix.

Alonzo Mata is serving a life sentence for the killing.
A warrant of execution for Luis Mata, who is nearing
the end of his appeals, was issued this month.

Harding, a triple murderer, was executed in
April 1992, the first execution in Arizona since 1963.
Graphic descriptions of his death throes brought
renewed interest in an alternative to the gas chamber.

In November 1992, voters approved lethal injection as
the state’s method of execution. Convicts sent to death
row since then have been sentenced to die by lethal
injection. Those sentenced to die before the new law
took effect are given the choice of the gas chamber or
lethal injection.

Two inmates have been executed after Harding, and
both chose lethal injection.

[=i

THURSDAY
JUNE 22, 1995

Editor,

Steve Knickmeyer

271-8222

Luis M

Mata / A war-
rant of execution
for the killer, who
is near the end of
his appeals, was.
issued this
month.

Death-row appeal
cites brain harm |

Condemned man
had violent youth

By Pamela Manson
The Arizona Republic

The birth of Luis Morine Mata, the
fifth of 16 children, was considered a
bad omen by his family, which lost its
farm shortly thereafter.

The family may have been right.

Misfortune, hardship and drug
abuse followed in the next 25-plus
years, culminating in 1977 with the
murder of Debra Lee Lopez, who was
nearly decapitated with a 7-inch-long
onion knife.

Mata, 43, now is days from a
July 12 execution date, and his attor-

“peys are in a scramble to keep him
“alive. They argue that there is
“gubstantial evidence that another man,
“Mata’s brother, was the actual killer
“and that Mata had no idea Lopez
would be murdered.
*. They also say Mata never should
have stood trial for first-degree
‘murder, let alone be convicted and
‘sentenced to die, because organic
brain damage makes him unable to
“control his conduct. :
"This condition, the defense lawyers
gay, is compounded by years of
“exposure to pesticides, @ childhood
fall that swelled his head like a
balloon, regular beatings from his
father and alcoholism.
« They argue that this information
came out only recently. Even the
prosecutor who convicted Mata in
1977 and urged his execution now
says Mata should spend his life behind
bars instead.
« Other prosecutors argue that the
evidence is overwhelming that Mata
was the killer. And even if he didn’t
cut Lopez’s throat, they say, he was a
substantial participant in the crime
and is guilty of murder.
* “Luis Mata has had 18 years of
review in the state and federal courts
:_ more than ample time to exhaust
every avenue of review,” Jack Rob-
érts, an assistant state attorney gen-
eral, wrote in court papers opposing a
stay of execution.
©’ On Thursday, the Arizona Supreme
Court is to consider a defense request
o stay the execution so the validity of
fata’s conviction and death sentence
can be examined.

The Arizona Republic

Luis Morine
Mata /

He is days from a
July 12
execution date,
and his attorneys
are in a scramble
to keep him alive.

' Lopez’s parents, Bill and Lola
Rottmann, declined a request for
comments on Mata’s scheduled execu-
tion. They were very close to Debra
Lee, their only child, and her loss has
been unbearable.

“They may as well have taken three
lives,” Lola Rottmann said in 1977,
referring to the Mata brothers.

From TV to terror

Lopez was looking for her boy-
friend early on March 11, 1977, when
she ran into some acquaintances —
Mata, his younger brother Alonzo and
George Castro Harrage — at a
neighborhood bar in Phoenix. The
four went to the brothers’ apartment
and began watching television.

‘| The terror began 10 minutes ‘later,
when Lopez tried to leave, Castro told
police. He gave this account of the
crime:

‘« Luis Mata grabbed the woman by
the hair and announced that they
were going to rape her. Luis beat her
with his fists and Alonzo beat her
with a rifle before the brothers took
turns raping her.

1 Luis told her he and Alonzo were
going to kill her and throw her in the
river, Castro said.

‘. A neighbor heard screams and later
saw Alonzo throw a rifle into a station
wagon and Luis carry something to
the car. With Luis at the wheel, the
brothers took off at 1:30 a.m.

| Castro then ran to the neighbor’s
apartment and told him that the
brothers were going to kill a woman.
Police were called and arrived in
minutes.

Monday, July 3, 1995


400 981 FEDERAL REPORTER, 2d SERIES

first time on appeal; issues not presented
in appellant’s opening brief may be re-
viewed if no prejudice to appellee results).
I believe we should exercise that discretion
in this capital case rather than denying the
petition in its present unamended form and
forcing Mata to file a second petition rais-
ing the new claims and face the roadblocks
that McCleskey v. Zant has placed in the
path of successive petitions.

OPINION
PER CURIAM:

Luis Morine Mata appeals the denial of
his petition for a writ of habeas corpus
following his conviction and exhaustion of
state remedies in this capital murder case
from Arizona. See State v. Mata, 125
Ariz. 233, 609 P.2d:48, cert.: denied, 449
U.S. 938, 101 S.Ct. 338, 66 L.Ed.2d 161
(1980).

The principal question before us is
whether a new Supreme Court decision an-
nounced after the exhaustion of state reme-
dies and after the conclusion of proceed-
ings before the district court creates a
right to federal constitutional relief.

During the trial, Mata’s brother, Alonzo,
was Luis’ codefendant. Both exercised
their constitutional right not to testify. Al-
onzo and Luis had both confessed to raping
and murdering the decedent and dumping
her body in the desert outside Tucson. Al-
onzo’s version of the confession placed the
fatal knife in the hands of Luis, who then
admitted in his confession that he had in-
deed cut the throat of the victim. Because
Alonzo did not choose to testify, the state
offered both Luis’ and Alonzo’s confessions
into evidence against both defendants.
Luis likewise declined to testify.and both
were convicted and sentenced to death.

Following a remand for resentencing un-
der State v. Watson 120 Ariz. 441, 586 P.2d
1258 (1978), Alonzo received a life sentence
and Luis was again sentenced to death.
Alonzo is not before us in. this appeal.
While Luis apparently never raised in earli-
er proceedings the question of the admissi-
bility against him of his brother’s confes-
sion, Luis now contends that under the rule
of Cruz v. New York, 481 U.S. 186, 193-94,

107 S.Ct. 1714, 1719-20, 95 L.Ed.2d 162
(1987), he is entitled to a new trial.

The state, conceding that Cruz now bars
the use of a nontestifying codefendant’s
confession incriminating the defendant in
future trials, argues that good reasons
counsel against employing Cruz to reopen
old cases, particularly those in which the
codefendant’s incriminating confession add-
ed little or nothing to the state’s over-
whelming evidence of the guilt of the de-
fendant.

The state argues that Alonzo’s confes-
sion told the jury nothing it did not already
know; that the evidence was harmless be-
yond a reasonable doubt; that the evidence
was lawfully received when the case was
tried (citing Parker v. Randolph, 442 U.S.
62, 99 S.Ct. 21382, 60 L.Ed.2d 713 (1979);
and that new constitutional rules of crimi-
nal procedure generally should not be ap-
plied retroactively to cases on collateral
review. Teague v. Lane, 489 U.S. 288, 109
S.Ct. 1060, 103 L.Ed.2d 334 (1989).

In this case we need not discuss the
application of Teague because any error in
using the codefendant’s confession was
harmless beyond a reasonable doubt. Har-
rington v. California, 395 U.S. 250, 89
S.Ct. 1726, 28 L.Ed.2d 284 (1969) (holding
that the admission of statements of two
nontestifying codefendants against Har-
rington was harmless error). In United
States v. Hasting, 461 U.S. 499, 103 S.Ct.
1974, 76 L.Ed.2d 96 (1983), the Supreme
Court. described the harmless error test in
the following fashion:

Since Chapman, [v. State of Califor-
nia, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d
705. (1967) ] the Court has consistently
made clear that it is the duty of a review-
ing court to consider the trial record as a
whole and to ignore errors that are
harmless, including most constitutional
violations.

The question a reviewing court must
ask is this; absent [the allegedly im-
proper evidence] is it clear beyond a
reasonable doubt that the jury would
have returned a verdict of guilty?

MATA v. RICKETTS
Cite as 981 F.2d 397 (9th Cir. 1992)

Id. 461 U.S. at 509-11, 108 S.Ct. at 1980-81.
There is no doubt that petitioner would
have been convicted by his own confession
plus the abundant corroboration of George
Castro, Antonio Sanez, and Arnold Chance.

The confession of Alonzo merely second-
ed the confession of Luis and was cumula-
tive evidence with reference to the material
facts of the murder. The use of Alonzo’s
confession in the joint trial did not then
offend the Sixth Amendment and did not
infect the fact finding process.

At most, a speculative argument might
be advanced to the effect that the trial
judge at the time of the resentencing of
Luis could have been slightly less inclined
to sentence him to death if the only evi-
dence placing the knife in Luis’s hand had
been his own confession. However, his
confession was clear and unequivocal.

Luis’ challenge to the voluntariness of
his confession presents no grounds to over-
turn the district court’s careful review of
the state court record and the findings at
every level that his confession was volun-
tary. |

Luis argues that the Arizona courts com-
mitted various errors with regard to sen-
tencing. He argues that in determining
whether the “heinous, cruel, and depraved”
aggravating circumstance. existed in -his
case, the Arizona courts employed an un-
constitutionally vague narrowing construc-
tion. Luis’ claim has been foreclosed by
Walton v. Arizona, 497 U.S. 639, 110 S.Ct.
3047, 111 L.Ed.2d 511 (1990) and Rich-
mond v. Lewis, 948 F.2d 1473 (9th Cir.
1991).

Luis also argues that the Arizona courts
failed to find the aggravating circum-
stances in his case beyond a reasonable

1. After considering and rejecting sixteen specific
mitigating factors, and finding no other mitigat-
ing circumstances under the “catchall” category,
the sentencing judge concluded that “no mitigat-
ing circumstances exist.” Supplementary Spe-
cial Verdict as to Luis Morine Mata, Dec. 8,
1978.

2. On Luis’ petition for rehearing in this case,
amicus curiae for Luis have raised a number of
new sentencing claims. Amicus concedes that
these claims are unexhausted and asks us to
remand to the district court so that Mata can
amend his original petition and then exhaust his

401

doubt. Upon conducting an independent
review of his sentencing, the Arizona Su-
preme Court concluded that “the trial court
was correct in finding the presence of two
aggravating circumstances.” State v.
Mata, 125 Ariz. 238, 242, 609 P.2d 48, 57
(1980). We interpret this conclusion to
mean that the Arizona court found the
aggravating circumstances beyond a rea-
sonable doubt. Clark v. Ricketts, 942 F.2d
567, 575-76 (9th Cir.1991).

Luis’ final sentencing claim concerns the
trial court’s treatment of the mitigating
circumstances in his case. Upon reviewing
the record, we conclude that the trial court
considered all of Luis’ mitigating evidence
and found the evidence not substantial
enough to warrant leniency.1. We will not
disturb that finding.

Likewise, Luis’ complaints that his de-
fense counsel did not adequately defend
him presents no factual basis for overturn-
ing the decision of the district court. His
complaints about various evidentiary rul-
ings do not raise federal constitutional
questions.

AFFIRMED.

O © KEY NUMBER SYSTEM

4qHums

new claims upon dismissal. Remand is appro-
priate, amicus argues, because otherwise Mata
would have to meet the procedural hurdles of
McClesky v. Zant, — U.S. —, 111 S.Ct. 1454,
113 L.Ed.2d 517 (1991) in a subsequent petition
even though McClesky was decided after Mata
filed his original petition. This argument is
without merit. We have previously held that
McClesky applies retroactively, Harris v. Vas-
quez, 943 F.2d 930, 945-46 (9th Cir.1990), and
there is no reason to treat Mata’s new claims
differently.

Luis MATA, Petitioner-Appellant,

Vv,

; :

ames G. RICKETTs, Attorney General
zona; Samuel

: uel Lewis,

irector ADOC; Lloyd Bramlett, War.

hn Avenenti, Deputy

Respondents~Appelices,

of the State of Ari

den, ASPC-F; Jo
Warden, ASU,

No. 87-1731.

United States Court of
of Appeals
Ninth Circuit. us
Argued and Submission Deferred
June 16, 1988.
Resubmitted Withou
~ t Furth
. Argument Feb. 1, 199] a
_ Decided July 1, 1991
As Amended on De ¢
Rehearing En Banc Nov. 27, 1992.

field, J., denied
ed. On denial
en banc, Court
any error in admi
fendant’s confes

harmless be
yond reasonable doubt: i
ee a Court provided tb on
96 zi on for vague Statutory aggravatin
mstance of committing murder “in ie

nial of Rehearing and .

398 981 FEDERAL REPORTER, 2d SERIES

pecially heinous, cruel or depraved man-
ner”; and (8) Arizona courts found aggra-
vating circumstances beyond reasonable
doubt.

So ordered.

William A. Norris, Circuit Judge, is-
sued dissenting opinion.

1. Habeas Corpus ¢490(3)

Any error in admitting nontestifying
codefendant’s confession in joint state trial
was harmless beyond reasonable doubt
where there was no doubt that defendant
would have been convicted by his own con-
fession plus abundant corroborating evi-
dence and where codefendant’s confession
merely seconded defendant’s confession
and was cumulative evidence’ with refer-
ence to material facts of murder. U.S.C.A.
Const.Amend. 6.

2. Homicide €357(11) i et
Arizona Supreme Court clearly provid-
ed limiting instruction for vague statutory
aggravating circumstance of committing
murder “in especially heinous, cruel, or de-
praved manner” so that, although terms of
aggravating circumstance were facially
vague, defendant’s constitutional rights
were protected for purposes of death sen-
tence, - ; mo,

3. Habeas Corpus ¢508

Arizona Supreme Court’s conclusion
that “the trial court was correct in finding
the presence of two aggravating circum-
stances” in capital murder prosecution
showed that Arizona court found aggravat-
ed circumstances beyond reasonable doubt.

4. Courts ¢-100(1)

United States Supreme Court McCle-
sky decision that state is not required to
show that habeas petitioner’s failure to
raise subsequent habeas claims stems from
deliberate choice by petitioner applies ret-
roactively.

Baron L. Miller, Miller & Miller, San
Francisco, CA, for petitioner-appellant.

1. After considering and rejecting sixteen specific

Jack Roberts, Asst. Atty. Gen., Phoenix,
AZ, for respondents-appellees.

Appeal from the United States District
Court for the District of Arizona.

Before CHOY, GOODWIN, and
NORRIS, Circuit Judges.

PER CURIAM.

[1] The opinion filed July 1, 1991, slip
op. 8025, and appearing at 987 F.2d 467,
468 (9th Cir.1991) is amended as follows:

At slip op. page 8030, paragraph (6]; 937

F.2d 469, last full paragraph of left col-

umn, delete and replace with the follow-

ing:

{2] Luis argues that the Arizona courts
committed various errors with regard to
sentencing. He argues that in determining
whether the “heinous, cruel, and depraved”
aggravating circumstance existed in his
case, the Arizona courts employed an un-
constitutionally vague narrowing construc-
tion. Luis’ claim has been foreclosed by
Walton v. Arizona, [497 U.S. 639] 110
S.Ct. 3047 [111 L.Ed.2d 511] (1990) and
Richmond v. Lewis, 948 F.2d 1478 (9th
Cir.1991).

[3] Luis also argues that the Arizona
courts failed to find the aggravating cir-
cumstances in his case beyond a reasonable
doubt. Upon conducting an independent
review of his sentencing, the Arizona Su-
preme Court concluded that “the trial court
was correct in finding the presence of two
aggravating circumstances.” State v.
Mata, 125 Ariz. 238, 242, 609 P.2d 48, 57
(1980). We interpret this conclusion to
mean that the Arizona court found the
aggravating circumstances beyond a rea-
sonable doubt. Clark v. Ricketts, 942 F.2d
567, 575-76 (9th Cir.1991).

[4] Luis’ final sentencing claim con-
cerns the trial court’s treatment of the
mitigating circumstances in his case. Upon
reviewing the record, we conclude that the
trial court considered all of Luis’ mitigating
evidence and found the evidence not sub-
stantial enough to warrant leniency.’ We

mitigating factors, and finding no other mitigat-

FS 4 )[2c/e

MATA v. RICKETTS 399
Cite as 961 F.2d 397 (9th Cir. 1992)

will not disturb that finding.

With the opinion thus amended, the ma-
jority of panel as constituted in the above
case has voted to deny the petition for
rehearing and recommends rejection of the
suggestion for rehearing en banc. Judge
N orris would grant the petition for rehear-
ing and accept the suggestion for rehear-
ing -en banc.

The full court has been advised of the
suggestion for rehearing en banc and no
active judge has requested a vote on
whether to rehear the matter en banc.
Fed.R.App.P. 85(b).

The petition for rehearing is DENIED
and the suggestion for rehearing en banc is

The amicus’ motion to file brief in sup-
port of motion to stay proceedings an
remand is GRANTED. * -

The motion to stay proceedings ings and re-
mand to the district court is DENIED.

WILLIAM A. NORRIS, Circuit J
Our court has in the past encouraged
district courts to take affirmative steps to
assure that all claims, exhausted and unex-
haustéd, are uncovered and presented in
thé first habeas petition. See Neuschafer
v.' Whitley, 860 F.2d“1470,°1482 (9th Cir.
pai aarpeie = concurring). We have
gnized importance of present-
ing all claims in the first petition is even
greater since McCleskey v. Zant, — U.S.
——, 111 8.Ct. 1454, 118 L.Ed.2d 517 (1991)
(successive petitions require cause and
prejudice). See Brown v. Vasquez, 952
F.2d 1164, 1166-67 (9th Cir.1991). -I dissent
from the order denying the petition for
rehearing and rejecting the suggestion of

ing circumstances un - ” ca
pes sentencing judge concluded thet “nom aioe:
cial Verdict as 00 Tis acter Mee lee

2. On Luis’ iti i i
said dine foe Ladi hans eebett guano ot
new sentencing claims. Amicus concedes that
these claims are unexhausted and asks us to
remand to the district court so that Mata can

amend his original petition and then exhaust his
new claims upon dismissal. Remand is appro-

rehearing en banc because I believe Mata’s
habeas petition should be remanded. to the
district court to give Mata an opportunity
before he is executed to exhaust all: his
constitutional claims in the Arizona state
courts before we rule on the merits of his
first habeas‘ petition. ;
The Arizona Capital Representation Pro-
ject (“ACRP”) has filed a “Memorandum of
Amicus Curiae in Support of Petitioner’s
Motion to Stay Proceedings on Petition for
Rehearing and Remand to District Court,”
In it, ACRP raised two claims of constitu-
tonal error in his capital sentencing. pro-
ceedings which had not previously been
raised by Mata’s counsel: (1) a Confronta-
tion Clause claim based upon Mata’s ab-
sence from his codefendant’s portion. of the
sentencing hearing and‘(2) an ineffective
assistance of counsel claim based upon his
counsel’s failure to develop and present
mitigating evidence. Because these claims
have yet to be exhausted in Arizona state
courts, we cannot hear them. But we can
remand to the district court to give Mata
an opportunity to file a motion for leave to
amend his petition to include the new
claims, which, if granted, would result in a
dismissal of his petition without prejudice.
See Rose v. Lundy; 455 U.S..509, 102 S.Ct:
1198, 71 L.Ed.2d 879 (1982) (a petition for
habeas corpus raising both exhausted ard
unexhausted claims. must be dismissed
without prejudice). a. a
It lies within our discretion to so remand
to the district court even though the new
constitutional claims were not raised in the
district court and not raised here in Mata’s
opening brief. See, ¢g., United States v.
Ullah, 976 F.2d 509, 518-514 (9th Cir.1992)
(purely legal issues on which the record has
been fully developed can be raised for the

priate, amicus argues, because otherwise Mata
would have to meet the procedural hurdles of
McClesky v. Zant, — U.S. —, 111 S.Ct. 1454,
113 L.Ed.2d 517 (1991) in a subsequent petition
even though McClesky was decided after Mata
filed his original petition. This argument is
without merit. We have previously held that
McClesky applies retroactively, Harris v. Vas-
quez, 943 F.2d 930, 945-46 (9th Cir.1990), and
there is no reason to treat Mata’s new claims
differently.

400 981 FEDERAL REPORTER, 2d SERIES

first time on appeal; issues not presented
in appellant’s opening brief may be re-
viewed if no prejudice to appellee results).
I believe we should exercise that discretion
in this capital case rather than denying the
petition in its present unamended form and
forcing Mata to file a second petition rais-
ing the new claims and face the roadblocks
that McCleskey v. Zant has placed in the
path of successive petitions.

OPINION

PER CURIAM:

Luis Morine Mata appeals the denial of
his petition for a writ of habeas corpus
following his conviction and exhaustion of
state remedies in this capital murder case
from Arizona. See State v. Mata, 125
Ariz. 288; 609 P.2d 48, cert. denied, 449
US. 988, 101 S.Ct. 388, 66 LEd2d 161
(1980). =» ret Ly

The principal question before us is
whether a new Supreme Court decision an-
nounced after the exhaustion of state reme-
dies and after the conclusion of proceed-
ings before the district court creates a
right to federal constitutional relief.»

During the trial, Mata’s brother, Alonzo,
was Luis’ codefendant. Both exercised
their constitutional right not to testify. Al
onzo and Luis had both confessed to raping
and murdering the decedent and dumping
her body in the desert outside Tucson. Al-
onzo’s version of the confession placed the
fatal knife in the hands of Luis, who then
admitted in his confession that he had in-
deed cut the throat of the victim. Because
Alonzo did not choose to testify, the state

offered both Luis’.and Alonzo’s confessions
into evidence against both defendants.

Luis likewise declined to testify-and both

were convicted and sentenced to death.

Following a remand for resentencing. un-
der State v. Watson 120 Ariz. 441, 586 P.2d

1258 (1978), Alonzo received a life sentence

and Luis was again sentenced to death.

Alonzo is not before us in this appeal.

While Luis apparently never raised in earli-

er proceedings the question of the admissi-

bility against him of his brother's confes-
sion, Luis now contends that under the rule

of Cruz v. New York, 481 U.S. 186, 193-94,

@

107 §.Ct. 1714, 1719-20, 95 L.Ed.2d 162
(1987), he is entitled to a new trial.

The state, conceding that Cruz now bars
the use of a nontestifying codefendant’s
confession incriminating the defendant in
future trials, argues that good reasons
counsel against employing Cruz to reopen
old cases, particularly those in which the
codefendant’s incriminating confession add-
ed little or nothing to the state’s over-
whelming evidence of the guilt of the de-
fendant.

The state argues that Alonzo’s confes-
sion told the jury nothing it did not already
know; that the evidence was harmless be-
yond a reasonable doubt; that the evidence

‘was lawfully received when the case was

tried (citing Parker v. Randolph, 442 US.
62, 99 S.Ct. 2132, 60 L.Ed.2d 713 (1979);
and that new constitutional rules of crimi-
nal procedure generally should not be ap-
plied retroactively to cases on collateral
review. Teague v. Lane, 489 U.S. 288, 109
"§.Ct. 1060, 103 L.Ed.2d 334 (1989).

In this case we need not discuss the
application of Teague because any error in
using the codefendant’s confession was
harmless beyond a reasonable doubt. Har-
rington v. California, 395 U.S. 250, 89
S.Ct, 1726, 28 L.Ed.2d 284 (1969) (holding
that the admission of statements of two
nontestifying- codefendants against Har-
rington was harmless error). In United
States v. Hasting, 461 U.S. 499, 103 S.Ct.
1974, 76 L.Ed.2d 96 (1983), the Supreme
Court. described the harmless error test in
the following fashion:

Since. Chapman, [v. State of Califor-
nia, 886 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d
105 (1967) ] the Court has consistently
made clear that it is the duty of a review-
ing court to consider the trial record as 4
whole and to ignore errors that are
harmless, including most constitutional
violations.

The question a reviewing court must
ask is this; absent [the allegedly im-
proper evidence] is it clear beyond 4
reasonable doubt that the jury would
have returned a verdict of guilty?


IN THE SUPREME COURT OF THE STATE OF ARIZONA.

REFUGIO LMACIAS, Appellant,
VS

STATE OF ARIZONA, Respondent.

Appeal from Superior Court of Greenlee County;
Honorable Dave %. Ling, Judge. Affirmed.
Superior No. 849-a.

This cause having been heretofore submitted, and the
Court having duly considered sama and being now advised in
the premises, does file its Opinion, and If IS ORDERED thet
the judgment of the trial court made and entered in said
cause be and is hereby affirmed.

JUDGHENT:

FOR THAT WHEREAS the above entitled cause was, on the
4th day of November, 1929, duly submitted to this court upon
the record for consideration and decision, and this court
having fully considered the same, and being fully advised in
the premises did, on the 30th day of December, 1929, finally
decide said cause, and did affirm the judgment of the superior
court of Greenlee County, State of Arizona, appealed from in
said cause, and did hand dom its decision therein, which de-
cision is now of record in this court, :

NOW THEREFORE, the premises considered, IT IS ORDERED,
ADJUDGED AND DECREED: That Friday, the 7th day of March, 1930
be and the same is hereby fixed as the time when the judgment
and sentence of death pronounced upon said appellant, Refugio
Macias by the said Superior Court of Greenlee County, State
of Arizona, shall be executed.

IT IS FURTHER ORDERED: That the Clerk of this court
forthwith prepare and certify under her hand and the sesl of
this court, a full, true end corvect copy of this judgment,
and cause the same to be delivered to the Superintendent of
the State Prison at florence, Arizona, and the seme shall be
sufficient authority to him, the said Superintendent of the
State Prison, for the execution of the appellant, Refugio
Macias, as commanded by the judgment and sentence of death

ronounced ageinst him, the said- Refugio Macias, by the Su-
perior Court of Greenlee County, State of Arizona, on the
edrd day of March, 1929.

DONE IN OPZN COURT this 30th day of December ,1920,

ALFRED C. LOCKVOCD, Chief Justice,
A. G. McALISTER, Judge,

HENRY D, ROSS, Judge.

»

rayon ns SR Ee


pe AF Ee

a
‘ALed Lhe

CATER MIT TI Sy NAT , Mya A % ma] SOTA IAT
fina QUPERIOR COURT O3 THE STATE OF AR GCA
: a : .

TTR

THES STATE OF ARIZONA
gudgement and Sentence
No, S49-A

RUSUGIO MACTAS, DSIANi

In this cause, to-wit: the 23 day of March, 1929, having been

fixed by the Court.for vassing sentence upon the defendant Refugio

o

Macias, he was. Sekar aka abe hice and Hien his counsel, and the county

att torney’ veins present, the ‘defendant dhandiric in court,’, the following

sentence was pronounced by the Court and ordered entered in the record,

+ me

The County Att torney of Greenlee . County, ‘Arig ON y having filed an
information against you Refugio Haode 35. in. this Court; on: the 24 day of
Jenuscy, 19295 ‘for ‘the crime of MURDER,’ to which information, upon
arraignment on the ‘itn day of March, 1929, you plead not guilty of:
the crime of. murder. On the 11th day of March, 1929, you were given a
fair end impartial trial in this court before a jury of your peers, and
said ey on the 14th’ day of March, 1929 returned into open court their
verdict, finding you guilty of murder in the first degree and fixing
the penalth at death, as charged in the information. eee

lave ‘you anything to orfer as al cause vy judgment and sentence
should not be pronounced eecinat ¥ a which the ‘defendant answered
"Nothing". e re .

' No legal cause being shown by you, or sp psax inc the judgment of
the eae court is ihe ou Refugio Macias are guilty of the crime of

Murder in the first degree and the- judgment and sentence of the court

aa

&)

thereon is that T fkag be punished ‘therefor as ‘follows, tomwite THAT You

BE HUNG ted YOUR NECK UNTIL ou: & * DBAD

*agodes r ‘ =

“You are remanded , to the. custody of. the sheriff of the County of Green=
lee, state Of eee, to be by hin delivered dato the custody of the pro=

per weetane of the state Jpisen, at Pleven’ Arizona, for the execution

of this jJucgment and sentence, Done in open Court, this the 23 day of

; “I 3 cs Court
March, 1929, Dave ve Ling, Judge of said ure


/ “aah fF
+) ae Gasauor bets. cous

STATE OF ARIZONA

THE STATE OF ARIZONA,
Plaintiff

Criminal Subpoena

Sens

“

t

Arizona, against .......2....0--:0-----

on the part of

ps epee

\ his <


GREENLEE COUNTY EXECUTIONS. (Me

Town of Clifton

CLIFTON, AZ. 85533

fe

(602) 864-4146

March 1, 1977

Watt Espy, Jr.
Box 67
Headland, Ala. 36345

Dear Mr. Espy,

In response to your letter of February 8, 1977, please find
enclosed copies of information which I felt would be pertinent to
your research.

Enclosed are copies of all these mens! sentencing and other
information which might be helpful in your... work... You wil} not
find the court hearings as they were very lengthy and would not
have given you that much information for the cost that would have
been incurred. I have summarized the facts as told by the wit-
nesses to fill in on what is not sent.

Refugio Macias was convicted for the murders of two persons,
Antonio V. Lerma and the others last name being Ornales. He had
placed the bodies in the basement of a friend's house and was
picked up by the sheriff on his way to Lordsburg. The sheriff
returned with Macias to the house in Morenci where Macias had left
the bodies and at the time he confessed to the murders. From the
court records I gathered that the killings had to do with jealousy
caused by his love for a woman named Paula Medina. He had been
known to say he would kill anyone who he felt stood in his way
concerning Paula Medina. :

I was fortunate enough to find a newspaper clipping on Pedro

ominguez which should give enough information along with the
court documents to write an accounting of his execution.

The killing committed by James C. Rawlins was perhaps one
of the worst committed in this area. Mr. Rawlins was, according
to testimony by witnesses, intoxicated at the time he sexually
assaulted and strangled eleven year old Marilyn Erma Atkins,
daughter of Mr. and Mrs. Warren Smith. Marilyn approached Mr.
Rawlins asking for one of his daughters, at which he replied that
she was home, the other daughter being gone with her mother and
friends to the movies. He spoke to her for a minute and then
told her that if she'd like to come over he could show her a
doll that was bigger and prettier than the one she had. That
was supposed to have taken place at around 7:00 P. M. Mrs.
Rawlins returned from the movies around 9:00 P. M.; at which
She found the body. She ran to a neighbor's house, followed


es

re ae e

MARTIN, Nichan, wh, hanged AZ&P (Yavapai) September 9, 1921.

“pty
as

> Se
ii € .

De Steunder's possessions, a
watch and a knife of unusual
design, proving to be clues of
value in tracing the course of
the killer's flight.

Bre

Revolver found among the sus-
pects belongings helped to bring
the murderer before the bar of -
justice. ; wat
8

We
S

ey

Desert wasteland of Arizona
where a killer struck and fled
leaving acold trail for invest-
‘ igators to follow.
ii NS; rt aaah
IR say
A

4 tie
3 e :
OT! ng aN t

*

A 4

HE GRizzLeD sheep herder blinked in the shimmering

glare of the desert sun, took a cautious step forward to
Stare more closely at the blackened skeleton sprawled among
the rocks. ‘

There could be no doubting that it was the remains of a
human corpse, but so ravaged by beasts and the relentless
elements as to be almost unrecognizable as such. As soon as
he was able to reach a camp of the Aubrey Investment Com-
pany near Yampai, a village oasis in desolate northwestern
Arizona, the sheepman reported the location of his discovery,
adding simply:

“Looks like it’s been there a long spell—ain’t much left but
the bones.” .

Constable Bill Fitzgerald of Yampai was the first official”

to receive word of the gruesome business. Sensing an ominous
note in the herder’s report, he took the immediate precaution
of notifying the sheriff's office in Prescott, the Yavapai
County seat 100 miles to the south, before turning toward
the scene.

He recognized at once that this was no ordinary death of a

. wanderer, lost and overtaken by the ruthless elements of
thirst, hunger and the blazing desert sun. _

In the first place, while little but the bleached skeleton re-
mained, it was evident that the rocks and earth surrounding
the body had been scorched by fire of some intensity. Patches
of clothing “still-clinging to the-bones, and-others flung into
crevices by’ wirids, all appeared to have been charred by
flames.

And, oddly enough, although the scene was a considerable .

distance from the winding, graveled stretch of U.S. High-
way 66, Fitzgerald distinctly made out the weather-worn im-
pressions of an automobile’s tires close beside where the body
lay. The machine evidently had stood for a time, then backed
and turned, following an erratic course through bushy clumps
of desert growth back to the highway whence it had come.
Awaiting the arrival of the coroner who would accompany
investigating officers, the constable carefully avoided disturb-

bi Bh ts ee his eRe 2

FEDERAL BEXMEXXWEXKE BUREAU DETECTIVE,
October, 1950

ee

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ing anyth
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and loose
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the Peace
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Davis
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who he i:
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The s
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leave us

’ burning

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spoke u
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The t!
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rizona
nd fled

invest-

the shimmering
step forward to
sprawled among

he remains of a
d the relentless

uch, As soon as -

ivestment Com-
te northwestern
f his discovery,

’t much left but

the first official

sing an ominous
liate precaution
:, the Yavapai
turning toward

nary death of a
‘ss elements of

ied skeleton re-
‘th surrounding
ensity. Patches
hers flung into
en charred by

a considerable .
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ather-worn im-
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ild accompany
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ee

THIS WAS NO ORDINARY DEATH OF A: :

WANDERER. PATCHES OF CLOTHING’

44;
i.

AND OTHERS FLUNG INTO CREVICES ‘°:

ing anything which might be considered significant to the
manner in which the victim had met death. With a. broken
twig he probed curiously about the remains, in drifted sand
and loose stones.

Hours later, when Sheriff Warren G. Davis and Justice of
the Peace Charles H. McLane, acting as. ex-officio coroner,
arrived from Prescott, the constable pointed gravely to evi-
dence which he interpreted as indicating only murder.

Davis nodded ready agreement. “The car tracks show he

didn’t come here alone. And if he was just a wanderer on foot,
somewhere around there’d be signs of ordinary possessions
that he’d carried—”

Fitzgerald pulled from his pocket a lapel button, black-
ened and corroded, “Maybe this'll give us-some lead as to
who he is. I dug it out of the sand.” , -

The sheriff made out an inscription with difficulty.
“Twentieth Canadian Infantry,” he read aloud. “Company
’C’.” Through the center a number was. stamped. . Davis
rubbed it briskly on his sleeve and at length made out the
figures: “400754.”

“It was right by the left side of the body,” Fitzgerald ex-
plained, “where it was probably ¢ropped of a coat or shirt,
so I figured it must be his.”

The sheriff stood back, his sharp eyes sweeping over and
about the grisly remains. “Whoever did this didn’t figure to
leave us anything to go on. It looks like a deliberate job of
burning to destroy all identification.”

“Came mighty close to being successful, too,” McLane
spoke up grimly. “There's certainly not much left of the
body or clothes to be recognized. And it's almost impossible
to figure how long ago thisehappened. We'can’t be sure how
much was done by the fire and how much by animals and ex-
posure to the, sun and wind.”

The three men were in ready agreement, however, that the
body had lain thus for at least a’month or more. The bones

BY WINDS, ALL APPEARED. TO HAVE “’
BEEN CHARRED BY FLAMES.

appeared not to have been deeply burned. Most of the flesh,
they reasoned, had been removed by animals and carrion vul-
tures of the air.

“‘There’s not much chance,” the coroner continued, “of de-
termining cause of death. Medical examination may show a
fracture or something, but that may be of doubtful value.”

Careful removal of the skeleton to a blanket yielded strange
new evidence. A charred belt. buckle was inscribed with the
initials, “AD.” Portions of clothing whcih had lain protected
beneath the body bore no marks but were preserved for pos-
sible aid in identification. Of special significance was the
ragged remnant of a light leather puttee. Taped inside was a
small envelope containing. six ten-dollar bills.

There were no marks or writing on the envelope, nor did
a further search of the debris beneath the body reveal any
sign of a’wallet or anything else of identification.

“A likely place for a wary traveller to carry money, just
passing through this part of the country,” Davis mused. “One
that might or might not be overlooked by a robber. And yet
the fact that there’s no sign of a wallet or a money purse
that he’d have carried for ready use leaves robbery as a likely
motive.”

“A wallet would contain identification,” Fitzgerald noted,
“and apparently this killer was paying particular attention
to that—”

McLane, still sifting through the dusty earth, emitted a
sudden grunt. In his hand he held a misshapen fragment of
lead. “Hardly big enough for a bullet—even a .22,” he said,
frowning. But no further probing of the earth and rocks would
yield another similar bit of metal to complete a shattered
rifle or revolver slug.

Davis put the small piece in his pocket with the other evi-
dence and McLane, with the victim's remains in his car, be-
gan the trip back to Prescott. 3

PC EAT TOMER RE"


they didn’t come right back I got to
worrying about it. I called Chick and he
found where they had taken their bags
out of the hotel and filled up with gas.
He caught them about halfway to Pine
Top. The judge made them pay me, kept
them here ‘til we got it all straightened
out,’

Deputy Sheriff Chick Davis of Apache

County verified Barringer’s story.

“When you had them did you search
their luggage?” I asked.

“IT went aug every bit of it, even
wired Rhode Island thinking the car
might have been stolen, but it wasn’t. It
belonged to Martin all right.”

“Rhode Island?”

“That's right. The Hudson had Rhode

Island plates.’

Davis turned to me. “In Holbrook he
registered from Boston, didn’t he?”

I nodded.

“Did you find a gun in their luggage?”
Davis asked the Apache County deputy.

“Vhat’s right, I did.”

“A .38 Smith and Wesson?”

“Yeah, an old one with the front sight
busted off. You got it?” ;

“Not yet. Somebody, we’re not sure

yet who, was killed with a .38 Smith and

Wesson.”

“Martin claimed it was his.”

Chick Davis dug up the telegrams from
the Motor Vehicle Department of Rhode
Island. The car had been registered to

‘Nichan Martin of Providence, R. I. The

license number was A-89900.

We senta telegram to Providence ask-
ing for information on Martin and then
sent a pickup wire to all police depart-
ments in California on the Hudson and
its owner,

When we got back to Prescott there
was a telegram tor us from Providence.
Nichan Mar tin was twenty-four years old.
He had been in the importing business.
He had no criminal record, but had the
reputation of being a quarrelsome man.
On his left cheek he had a birthmark of
strawberry red. Martin had left Rhode
Island the latter part of August, intend-
ing to visit an Armenian friend who was
supposed to be in the rug business in Los

Angeles. The police had been unable to
learn the man’s address but they had
ascertained that his name was Hogopian.

I wanted to start for California imme-
diately, but Davis said no. “We've got
one more thing to do first, Joe. We want
to find where the killer stayed in Arizona
after the murder. Then we'll know who
our man is. At best we’re going to have
nothing but circumstantial evidence
against him. We can put him with his
victim in Ash Fork, but we're going to
have to prove that they weren't together
beyond Yampai. The fire was burning
at night, and the chances are the killer
didn’t go past Kingman.”

Reaching the Brunswick Hotel in
Kingman, we described the two men to
John Mulligan, the night clerk. Mulligan
nodded, waited for us to finish, then

cleared his throat and made his impof-
-tant pronouncement. “Yes, sheriff, you're

right, one of the two men did stay here—
that man was the one with the strawberry
birthmark!” Surprise and relief must have
shone in our faces, for the clerk waited
a moment before going on to tell us that
Martin had registered at the hotel, alone,
about 10 o'clock on the night of October

4th, as Harvey Dyer. Martin, alias Dyer,

had told Mulligan that he had come from
Rhode Island by himself, and that he
Was going on the next day to Los Angcles.

We had driven to Kingman, but Davis
had to be in court in Prescott the next
day, so I went on to Los Angeles by train
alone. It was an overnight trip.

The next morning I canvassed every
rug store on Main Street without success.
None of them belonged to Hogopian.

Through the Los Angeles police de-
partment we contacted a prominent

Armenian importer. I explained my
problem. The man smiled. “But of
course,” he said. “you have not found

Hogopian. He sold his store two weeks
ago. A friend of mine bought it.’

"Thad been to the place before, but the
name Hogopian was unfamiliar to the
clerk. This time we got hold of the owner.
He told us Hogopian had moved to a
ranch near Yettem in Tulare County.

“Has anyone else come looking for him
recently?” [ asked.

TRUE POLICE CASES

“Yes. Last week there was a “ne ol

his from Rhode Island.”
“A man with a birthmark who Galicd

himself Dyer?”

“The birthmark he had. His name was
Martin.”

Back at police headquarters we sent
a telegram to Sheriff Court Smith of
Visalia County, and I took the first train
north.

When I reached Visalia, Smith had
Martin in jail. The sheriff and I went out
to Hogopian’s ranch. The man was gen-
uinely shocked when told that Martin
was wanted in Arizona for murder.

We examined the Hudson. The back
floor mat had a stain which appeared to
be blood, and from a deep groove in the
wooden body frame I recovered a couple
of ounces of dust and dirt with a similar
stain. r
We cut a piece out of the floor mat and
put the suspicious dirt in a bottle.

Inside the house, hidden beneath an °
dld mattress ticking we discovered four

‘suitcases. Hogopian told us Martin had

brought them to the ranch. The .38 cali-
ber Smith and Wesson with the front
sight broken off was in the first one we
opened, and there were some letters to
Martin and some receipts. In one of the
suitcases we found Arthur de Steunder’s
discharge papers and his watch, purse,
photographs of his brother and sister,
and Canadian Army dog tags.
Returning the suspect to Arizona, we
sent the bloodstained mat to Letterman
Hospital in San Francisco. The gun and
the slug we had recovered in the fire were
expressed to a ballistics expert in Los
Angeles. Going through Martin’s clothes,
we found a pair of stained trousers and
these we also sent for expert determina-
tion. °
When the answers came back, the pat-
tern of murder was plain and indispu-
table. The stains were human blood, but
were not Martin’s. The slug had been
fired by the .38. ar
Nichan Martin refused to admit any-
thing but he was brought to trial in
Prescott before Superior Judge John J.
Sweeney. On March 20, 1920, the jury
found him guilty of murder in the first
degree, and he was sentenced to hang on
Friday, June 25. ee
Martin’s attorneys appealed the case, “a
but the State Supreme Court unani-~

mously upheld the verdict of guilty, ania * 4
was carried out on | -

the original sentence
September 9, 1921. ee

Nichan Martin committed murder to =
avoid: paying Arthur de Steunder the
wages due him, yet Martin was not a |
poor man. He had money to employ at- =
torneys, owned a good automobile, and
had other assets. His ereedy mind had
planned a perfect crime, but like many
another killer, he slipped. Thanks to the
careful labors of Warren Davis and the
happy suggestion of Lyle Abbott, Martin
paid for that slip with his life.

-

Remember—you read the best
by the best authors in x

TRUE POLICE CASES


CO ur &

Nichan Martin who paid the
supreme penalty for murder.

In Yampai, the sheriff paused with Fitzgerald to make
hopeful inquiry for some knowledge of the victim or circum-
stances which might relate to his mysterious death. But none
of the handful of villagers could recall information that
promised the slightest value. None had known of a Canadian
soldier or ex-service man who had spent time around the
area.

The chances were, the officers reasoned, that neither the
killer nor victim had been seen in the village. Yampai itself
stood more than a mile from the highway, with only service
stations and tourist refreshment stops to mark the two nar-
row dirt avenues leading into the village. The body had been
found some five miles to the east, along one of the most des-
olate stretches of the popular tourist shore route from St.
Louis to Los Angeles.

Considering the time which presumably had passed since
the crime was committed, there seemed little likelihood that
information would be forthcoming through casual question-
ing. Nevertheless, as Sheriff Davis turned back to his office

in Prescott, Fitzgerald agreed to overlook no possibility of a.

lead in other scattered tiny desert settlements and the sheep
and cattle camps of the area. ‘

Davis’ first act in Prescott was to frame a telegram to the
Canadian War department, providing the serial number and
other information from the service button and requesting full
information as to its owner.: :

At the morgue, a physician had begun an examination of
the remains, but it was some time before his deliberate, cau-
tious labors produced a seemingly significant doscovery. Near
the base of the skull on the left side he found a series of
minute fractures radiating from a small jagged hole.:Tracing
it through, he found a similar fracture in the right cheek bone.

And wedged into the splintered bone was a small, misshapen.

bit of lead.

Davis quickly compared the irregular scrap of metal with
the piece found at the suspected murder scene. They matched
closely and formed the approximate: shape and size of a .32
caliber bullet.

Justice McLane nodded with finality. “Shot though the
back of the head! That eliminates any question of whether
or not it was murder—”

“And,” the sheriff added, “it gives us something possible

to goon, if we’re lucky enough to strike a real lead otherwise.” .

10 Bee i“ teenie

ES Se
MP

es we 3
- Pe 53): 4 Siege biiaed &
vcpbislaiaie s Blak acest se Sa eialaiaic aa a

pet was late the following day, ‘Tuseday, October 7, 1919,

when Davis received word from the Canadian authorities in
Ottawa.

The serial number shown on the service pin had been is-
sued, the message stated, to one Arthur DeSteunder, a mem-
ber of Company ‘C’ of the 20th Infantry Division in the late
World War. DeSteunder, whose home address was listed as
Chicago, Illinois, had been honorably discharged from the
service in July, the information continued, and nothing was
known of his present whereabouts. Two addresses in the
American city were furnished, one which DeSteunder had
given with his enlistment and the second to which he had di-
rected his gratiity checks be. mailed follawing his discharge.

A physical description of the ex-soldier from his service
record tallied closely with the carefully measured proportions
of the skeleton. The initials “AD” on the victim’s belt buckle,
along with the service button found by the corpse, seemed to
leave no doubt that identification was complete.

“Tt looks like our starting point, then, is Chicago,” Davis
noted. His wire to authorities in the mid-west metropolis
urged them to contact DeSteunder’s relatives at either of the
two known addresses and have them in turn call the Prescott
sheriff's office at once.

Another day-passed and then came the disappointing word
that the family had recently moved and its whereabouts was
not known. Neighbors stated that DeSteunder himself had
been seen earlier in the summer, but that he had not re-
mained long before starting on a trip to California, sup-
posedly alone. Only a short time later the relatives had moved
to another neighborhood in Chicago. :

Chicago police promised a continued effort to locate the
people. But more days passed and Davis was chafing to take

‘to the trail of a ruthless killer which day by day was becom-

ing only more cold. At last he wired again:

“Tf other means have failed, try flashing an emergency
message on neighborhood movie screens. Urgent that we con-
tact these people soon as possible.”

On Monday, a week after the discovery of the crime, a
long distance telephone call brought news of the success of
his desperate strategy. An anxious relative of Arthur De-
Steunder admitted readily the probability that the suspected
murder victim was the discharged Canadian soldier.

“I can think of no reason, though,” the relative said, “un-
less it was to get possession of his new car and his money and

the other things he carried with him.”

After his discharge DeSteunder had returned to the United
States and purchased a new automobile in Providence, Rhode
Island. There he had met a man known only as “Jack,” with
whom he had immediately planned a trip to the west coast.

The two had stopped in Chicago only briefly, long enough
for DeSteunder to visit his family, explain his trip west and
make arrangements for his mail to be held until he should
furnish an address in California. After that, the relatives had
heard from him only three times, by post cards mailed in St.
Louis, Oklahoma City and Albuquerque, New Mexico.

“We had begun to feel alarmed recently,” the relative
added, “because we have been holding some mail, inculding
a check which he said he would be needing when he arrived
on the coast, and we were sure he should have gotten there
long ‘before this.” ; ;

It was believed that DeSteunder had carried only a little
over a hundred dollars on his person when he left Chicago on

July 26—certainly not enough to have lasted him more than Pa

two months. in a strange place.

(

t
‘

“This man

a quiet, pleas:
friends. It wo
that he was of
hair.”
Identifiable
in his possessic
a tan cowhide
keepsake penk
The license
though the pl:
hicle itself w:
touring car.
Sheriff Dav

, creased gs he

made on a pac
“but it doesn
fellow that kill

“Unless the
a deputy sugg
that he picked
about him—a!

_ acar like that

even the licen:
Davis’ eyes
there—about
Steunder he r
Yampai right :
we found DeS:
that you see lc
“Tm going

“we can run do

, Word from
Javis to swif

_ a ae 7 "7 3 a ‘ ee
Mata receives Stay of execution from appeals court
PHOENIX (AP) - A federal appeals court to spare Mata. ) SOT — seporuste me. he in nok ‘
yesterday granted a'stay of execution for Luis I filed in th t k to the bring up Mata’s troubled chi ood nor -
Mata, a death row inmate since 1977 who is 9th Gina > ne i US Gree Court leged mental retardation. Mata’s attorneys
Scheduled to die early tomorrow morning. Mata’s lawyers argued that he was wrongly also claim new testimony that would exoner- "
The three-judge panel of the 9th Circuit sentenced to death in 1977 for killing ‘Debra te Mata has not been considered.
Court of Appeals in San Francisco did not of- Lee Lopez. Lopez's throat was slashed so se- | Assistant Attorney General _—Paul

fer any opinion with the order, which the verely she was nearly decapitated. McMurdie said yesterday the order was far

state immediately appealed to the U.S. Su- . at from Surprising, and that the state had pre-
preme Court. __. At the time Mata was sentenced, there - filed a motion with the Supreme Court in an-

Because the stay could be lifted today by Was no clear legal definition of especially ticipation. ‘
the Supreme Court, a hearing this morning Cruel, heinous and depraved behavior. It was ~ McMurdie said the 9th Circuit is known
before the Arizona Board of Executive Clem- under that definition that he was given the for granting stays to people.on death row that,
ency was still scheduled. The board will vote death penalty. are later overturned by the Supreme Court.:

on whether or not to ask Gov. Fife Symington The defense also argues that Mata’s first “Look, it’s meritless,” he said of Mata’s case.

The Arizona Daily Star

Tucson, Wednesday, August 21, 1996

—_ ll Sneed oe

URGENT ACTION APPEAL

e Urgent Action Program Office e P.O.Box 1270 Nederland CO 80466-1270 ¢ ph. 303 440 0913 e fax: 303 258 7881 ¢ e-mail: sharrison@igc.apc.org

7”

C13 August 1996 >
Further information on EXTRA 81/95 issued 5 July 1995 and re-issued 13 July 1995) - Death Penalty
USA (Arizona) Luis MATA

Luis Mata, a US citizen of Mexican origin, is scheduled to be executed in Arizona on 22 August 1996.

Luis Mata was convicted by a jury and sentenced to death by a judge (in Arizona the trial judge alone decides on sentence) ~
in 1977 for the murder of Debra Lopez in March 1977. Mata was then granted a resentencing hearing which took place
before the same judge in 1978, who again passed the death sentence. Luis' brother, also convicted in the crime, was
sentenced to life imprisonment. The judge has since been disqualified for making derogatory racial remarks in some of the
cases presented before him. One such case resulted in the African-American defendant being granted a new sentencing
hearing before a different judge. During proceedings on Mata's case, the judge used the term "wetbacks" - an offensive term .
for a Mexican in the US, especially a labourer who crossed the US border illegally. A motion to withdraw this judge from -
further proceedings in Mata's case was denied by the Arizona Supreme Court in J uly 1994.

According to his present attorneys, Mata received poor legal representation at trial, at his resentencing in 1978, and on
appeal. The attorney who represented Luis Mata in his appeal to the Arizona Supreme Court was a recent law school
graduate who was admitted to the bar less than one month before he appeared in court on Mata's behalf. Mata's state post-
conviction attorneys had no experience in representing capital defendants in post- conviction proceedings, and attorneys who
represented him in federal court had no experience of capital cases. Subsequently, it was discovered that substantial
mitigating evidence relating to Mata's severely deprived childhood and family background had not been presented to the

courts. This evidence was first presented to the Arizona courts in November 1993 by Mata's current attorneys, but relief on
these grounds has been denied. .

According to Mata's attorneys, Mata was born to a poor family of migrant Mexican farm workers which involved constant
moving, insufficient food, poor living conditions, exposure to pesticides, no medical attention, and family violence. He
suffered damage to his head at birth and was a sickly child who suffered from intense headaches, which increased after an
accident when he was six caused him a serious head injury. His father had severe drinking problems, and often beat his wife
and children, especially Luis, whom he kicked and punched in the head, and sometimes beat with electric cords. Luis began
drinking when he was nine years old. By the age of 15 he drank daily, sniffed glue and smoked marijuana. At school he

was a slow learner, and was placed in a special education class at age 11. At the time of the crime, Luis had consumed large
amounts of alcohol.

According to his attorneys, a recent report by a clinical psychologist describes Luis Mata as having "significant brain
damage that affects almost every aspect of his life". Another expert has reportedly testified that he "suffers from organic
brain dysfunction. Mr Mata is unable to control his conduct in the way that normal people do because of his brain damage".
Further information describes Mata as having achieved scores of 64-70 in I.Q. tests (an average person would score 100).

According to his attorneys, four psychologists, including psychologists who testified at trial that Luis Mata was competent to
be executed will testify at a clemency hearing on 21 August that Luis Mata should not be executed. Mata's attorneys also
report that the trial prosecutor has recently signed an affidavit stating that had he been aware of Mata's poor IQ and his
family background, he would not have sought the death penalty against Mata.

Amnesty International opposes the death penalty unconditionally as the ultimate form of cruel, inhuman and degrading
punishment, and as a violation of the right to life as enshrined in the Universal Declaration of Human Rights. Furthermore,
the organization believes that the execution of Luis Mata would be in contravention of United Nations Economic and Social
Council (ECOSOC) resolution 1989/64, adopted in May 1989, which recommends "eliminating the death penalty for persons
suffering from mental retardation or extremely limited mental competence."

~ arcana
Veg aT


> EXECUTION: After 18 years on Arizona’s death row,
Luis Mata, 45, was executed by injection for the 1977 rape
and stabbing murder of Debra Lee Lopez, 21. His brother
Alonzo, also convicted, got a life sentence.

te USA TODAY « FRIDAY, AUGUST 23, 1996+ 3A
_
EEE ——

B2 The Arizona Republic Wednesday, August 21, 1996 ¢

LAW & ORDER

Murderer wins stay of execution
_but state appeals to high court

4 A e federal: ‘appeals court Tuesday granted’ a’ stay of execution for

- murderer Luis Mata, who has been scheduled to die early Thursday.
The three-judge panel of the 9th Circuit Court of Appeals in San

' Francisco gave no opinion with the order, which the Arizona Attorney
- General’s Office immediately appealed to the U.S. Supreme Court. oe
' Because the court could ‘quickly lift the stay, a hearing this morning
‘before the Arizona Board of Executive Clemency is still scheduled. The
, board will vote whether or not to ask Gov. Fife Symington to spare Mata,
‘ who was convicted of nearly decapitating Debra Lee Lopez in 1977,

i i he most recent person to be executed in
: isoners under sentence of death in Arizona. a Erees
te | on Boleaenils mie ee The method of execution in Arizona is lethal mutes eee ie e
saan teniciceof death before the state's method of execution was changed es gas ee ne Me leehty or
err injecti hamber. In Arizona the Go
hoose between lethal injection or the gas c , fda a
nee only-onecotitbendle Got of the state Board of Executive Clemency. The Board will be considering Luis Mata's
repriev .
case on 21 August. .
FURTHER RECOMMENDED ACTION: Please telephone, or send telegrams or faxes, to arrive by 21 August 1996,
using as much of the following as possible:
- expressing concern that Luis Mata is scheduled to be executed on 22 August ee iciton grant cleincneh 8 Luis Mak by
- urging the Arizona Board of Executive Clemency to recommend that Governor Symington gr.
mmuting his sentence of death; . t evidence
netoideein, deep concern at reports that Luis Mata received poor legal representation : ae and appeal so that e
relating to his deprived family background and mental health problems were not Akt oe avin will thee at the clbsieagy
- noting that four psychologists, including psychologists who testified against Luis Ma ,
hearing that Luis Mata is not competent to be executed; ; and Social
- apie concern that the ection of Luis Mata would be in contravention of nee Pinan a teadieetaky foe pisos
Council (ECOSOC) resolution 1989/64, adopted in May 1989, which pecans eliminating
suffering from mental retardation or extremely limited mental competence"; ‘scjialified for usin
- exprteliy concern at reports that Luis Mata was sentenced to death by a judge who has since been disqualifie g
hers;
derogatory racial remarks durin roceedings on Mata's case and others; ; a dint had he
- eee the Board to give Sssidns Gonsideration to the affidavit from the trial eco naked 467 the eau
known about Mata's poor mental health and family background, he would not have _ ‘acka : ocuitian oe death
- expressing sympathy for the victims of violent crime, and their families and friends, : nt i. Nae. Rights.
penalty in all cases as a violation of the right to life as proclaimed in the Universal Declaration

: . i i assies in those
Appeals from Mexican nationals living in countries outside Mexico to relevant Mexican nr partiealiely welconic.
countries asking them to intervene in the case of Luis Mata, a US citizen of Mexican origin,

APPEALS TO (SALUTATION)

Chairperson (Dear Chairperson and Board Members)

Arizona Board of Executive Clemency

1645 West Jefferson, Suite 326

Phoenix, AZ 85007

(Telephone: 1 602 542 5656] je
[Faxes: 1 602 542 5680]

(Telegrams: Arizona Board Executive Clemency, Phoenix, Arizona]

COPIES TO

The Honorable Fife Symington
Governor of Arizona

(700 West Washington
Phoenix, AZ 85007

[Faxes: 1 602 542 7601]

The Letters Editor
Arizona Republic
PO Box 1950

Phoenix, AZ 85004
[Faxes: | 602 27] 8500]

PLEASE SEND APPEALS IMMEDIATELY.

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‘aching for the button. “Yes,
from a Canadian soldier’s
u can see the grooves here
iamel is burned off, It used
Canadian shield in red and

ir corpse was wandering
izona with a Canadian
form on,” Undersherift
ith a note of optimism. “He
uck out like a sore thumb.
be easy to trace.”

zht,” the sheriff responded.
vas carrying the uniform in
the killer dressed him up in
way the clothes he had been
msidering his other pre-
ut wouldn’t be too much
im,

; nodded silently.. They had
ith brighter prospects.

as nothing more to be found
cene of the crime. After
he sheep herder further and
1emselves that he was in the
iree officers wrapped the
rpse in canvas and loaded
car. They preserved care-
1 shreds and the buttons.
rleted the long trek back to
that night, and Coroner
t to work immediately on an
‘w hours later he came into
fice and threw a black and
slug on the desk.
hat killed him,’ he an-
ooks like a thirty-eight. I
r his heart. He was shot
yack.”
vis shook his head. “Rotten
dier to die. Well, we ought
im soon. I’ve phoned and
ul around. Someone must
n, if he wore that uniform.”
xt day went by and the next
ng up a single person who

DARING.

Lyle Abbott, right, sharp-eyed newspaper-
man, discovered the clue which paved the
way to identification of the victim. Sheriff
Court Smith, below, of Visalia, Calif., ably.
handled the Pacific Coast phase of the case.

had seen a Canadian soldier in that part
of Arizona.

Officers questioned garagemen, cafe
proprietors and hotel clerks in all the
towns along the Old Trails highway,
especially in those east of Seligman. Sun-
bronzed deputies rode on horseback to
ranches and lonely houses throtighout the
semi-desert country. Nowhere was there

DETECTIVE

any word of the soldier
in olive drab, nor, indeed, of
any known person who had
disappeared recently.

The brutality of the mur-
der created a great stir
throughout the Southwest.
The Los Angeles papers
speculated on the possibility
that the killing was some
cult’s sacrifice to a fire god.
In this connection, Sheriff
Davis and his men questioned
scores of Indians in the re-
mote wastelands but found no
hint at all of such a cult among
the mesa dwellers.

Ranchers and _ cowboys
were all eager to aid Sheriff
Davis, as were the towns-
people and the roadhouse
proprietors along the high-
way, for the murder of an
apparent stranger such as the
Canadian was a blot on
Arizona’s record and might divert

tourists from the southwestern highway.

Steely-eyed ranchers and their
weather-beaten range riders turned de-
tectives, searching for clues, questioning
all strangers and hoboes who passed
through their country.

Sheriff Davis wired to Canadian
authorities but was informed that it was
a hopeless task to attempt to trace a
single Canadian soldier, even though he
might have been a tare sight in Arizona.
Thousarids had been discharged from the

_army on their return from the World

War a few months before and had
scattered to the four winds. Most of them
had taken their old uniforms with them.

Days went by, and it was evident that
the trail had grown too cold to be picked
up in this routine way. Sheriff Davis
worked tirelessly, but after more than a
week had produced no results at all, he
began to despair of ever identifying
either the slain man or the killer. He
began to incline to the idea that both had
come from some distant place, and had
sped through Arizona making little ac-
quaintance with people along the high-
way. The sheriff contacted authorities of
neighboring states but their missing
persons files contained no mention of
anyone who might have been wearing a
Canadian uniform.

Coroner McLane held an inquest and
the jury decided that the unidentified
man had come to his death by gunshot at
the hands of person or persons unknown.

With the inquest over, the coroner’s
job was officially terminated, but Mc-
Lane, familiarly known as “Judge” in
his part of Arizona, liked to combine his
work with his hobby. He liked to collect
gruesome mementos of every violent
death case which he handled. His study
at home was filled with whitened skulls,
rusty old pistols, poison vials, knives and
bludgeons.

He saved one souvenir from each case.
It might be a tomahawk found beside old
bones in a desert cave or it might be a
love letter clutched ih the hand of a girl
suicide; but whatever its nature, Judge
McLane cherished the memento and ex-
hibited it to friends from time to time.

[Continned on page 63]

29

AA RT RN eT “oer


ay


pulled off the road, here. They were
coming from the east. Something was
dragged from the car’, about a hundred
and fifty feet to where the body lies. I’d
make my guess that the victim was
killed or slugged in the car, and dragged
over there and burned,

“The fellow must have been anxious
to get rid of the body, and ina big hurry.”
He walked around the cedar grove as he
talked. “You can see where he tore the
lower dead limbs off the nearest trees.
He must have been a strong man, And he
wore about a number nine shoe, I’d say.
He heaped the branches with that fallen
tree over there as a back-log, put the
body on top and set fire to the branches.
Then he hurried back to the car—the
footprints say he was running—and
drove off to the west.’ Must have been
hitting it up to get out of sight by the
time the sheep herder noticed the smoke
and came up here. The fire may have
been smoldering for a while, though.”

“Why do you suppose he burned the’
body ?” Furst wondered. “It looks almost
like some kind of weird Indian rite,”

‘THAT's possible,” the lanky sheriff
nodded gravely as he turned to where
the coroner knelt, “but I’d say he did it
so the victim wouldn’t be recognized,
There was hardly a chance in a thousand
that anyone would have visited this
clearing for months, but he wanted to
make sure. It was just pure luck that one
man was near enough to see the smoke.
Maybe that’s a good omen for us.”
Coroner McLane stood up slowly,
wiping his hands on a cloth, ;
“It’s the body of a young man, about
thirty or so,” he announced. “As you

can see, he’s pretty far gone. I can’t de- -

termine the cause of death now. Did you
find a weapon lying about ?”

Sheriff Davis gave a negative head
shake. A sudden doubt had entered. his

mind, “There’s just an off chance,” he
admitted somewhat sheepishly, “that this
fellow wasn’t murdered at all. Super-
stitious Indians may have revived one of
their old customs, although I can’t re-
member having heard that they burn
their dead. Or maybe the man he was

traveling with was too ‘poor to pay.

burial expenses and picked this way to
get out of it. I have heard of secret
burials among transient workers,”

The sheriff frowned thoughtfully for
a few moments and then supplied: the
answers to his own doubts. “But neither
Indians nor transients usually ride
around in cars,” he said abruptly, “I’m
going to count on ‘murder until. an
autopsy proves me wrong,” He addressed
the coroner again. “Anything left to
identify him ?”

“Not that I can see but I suggest we
take our time and go through all these
ashes. There may be some fragment left
to help us.” :

Going to work with a will, the officers
turned over the blackened tree limbs and
Sifted the ashes. What they found was
meager but significant,

Thanks to the sheep herder's timely
arrival, a few shreds of comparatively
undamaged olive drab cloth remained for
salvage. With the first World war only
a year in the past, the officers were able,
on that morning of Oct, hy 1919, to rec-
ognize the type of cloth at a glance. It
was the shoddy material of a soldier’s
uniform.

They also found: several small bronze
buttons. Most of them were almost
thelted, and so twisted and blackened as
to be unrecognizable, But one, though
blackened, retained its shape and letter-
ihg was decipherable on it.

SCOR OR: 2: the sheriff read slowly,
“What does C. E. F. stand for

Coroner McLane. hesitated only an/
instant, then snapped his fingers,
“Canadian Expeditionary Force!” he '

exclaimed, reaching for the button. “Yes,
it’s a button from a Canadian soldier’s
uniform. You can see the grooves here
where the enamel is burned off. It used
to bear the Canadian shield in red and
white enamel.”

“Then our corpse was wandering
around Arizona with a Canadian
soldier’s uniform on,” Undersheriff
Furst said with a note of optimism. “He
must have stuck out like a sore thumb,
He ought to be easy to trace,”

“That’s right,” the sheriff responded.
“Unless' he was carrying the uniform in
his bag and the killer dressed him up in
it and took away the clothes he had been
wearing. Considering his other pre-
cautions, that wouldn’t be too much
trouble for him,”

The others nodded silently. They had
seen cases with brighter prospects.

"THERE was nothing more to be found
at the scene of the crime. After
questioning the sheep herder further and
convincing themselves that he was in the
clear, the three officers wrapped the
blackened corpse in canvas and loaded
it into-their car, They preserved care-
fully the cloth shreds and the buttons.

They completed the long trek back to
Prescott late that night, and Coroner
McLane went to work immediately on an
autopsy. A few hours later he came into
the sheriff's office and threw a black and
battered lead slug on the desk.

“That’s what killed him,” he an-
nounced, “Looks like a thirty-eight, |
found it near his heart. He was shot
through the back,”

Sheriff Davis shook his head. “Rotten
way for a soldier to die, Well, we ought
to identify him soon, I’ve phoned and
telegraphed all around. Someone must
have seen him, if he wore that uniform.”

But the next day went by and the next

without turning up a single person who

Pr the cunning killer reached temporary refuge after
a

ft his flaming victim near the National Old Traj

DARING.

eee

i ee Ri

Sx S-At abet htaccess meena

I Se aaa

had seen a Car

Lyle A
man, d
way to
Court
handle<

of Arizona.
Officers que
proprietors an:
towns along t
especially in th
bronzed deputi
ranches and lon
semi-desert cov

DETECTIVE

By EDWARD S. SULLIVAN

wastelands west of Seligman, Ariz., stiffened as he noticed the
thin column of gray smoke rising straight up in the still, hot air
from a low mesa.

Cursing the carelessness of tourists on the highway, which lay in that
direction, he left his dog in charge of the flock and hurried off to fight the
fire before it could spread to his grazing land.

Panting, he reached the top of the mesa and then paused, bewilderment
written on his lean, tanned face. The smoke came, not from an incipient
forest fire, but from a pile of cedar limbs blazing fiercely in clearing.
Obviously it was a man-made fire. x rc

The sheep herder walked closer. Suddenly he felt his throat go dry.
In the middle of the flaming pile of limbs, raised up and arched over
backwards as though on an altar, was a black and smoldering corpse.
He was looking at a funeral pyre! ,

Horrified, the sheep herder scattered and stamped out the blazing
boughs, disturbing the corpse as little as possible, then hurried over to
the automobile road, about 200 feet away.

For miles east and west stretched the National Old Trails highway,
the southwestern route from Los Angeles to Chicago. Not a single cloud
of dust rose to mark an arriving or departing car.

The sheep herder squinted in all directions, but there was no sign of
any other human being in those sun-blasted plains, To the north rose
the low hills that marked the rim of the Grand Canyon, and on the south
the Wallapai Valley dissolved in urple haze. He would have to wait,
sharing this vast cemetery with a ebblackoned corpse,

It was almost evening that day of Oct. 4, 1919 before a car came along,
heading west. The sheep herder flagged it, told the driver of his discovery
and asked him to notify police.

6 ee grizzled sheep herder, tending his flock in the cedar-studded

The sheep herder, who had been waiting by the roadside, Jed them in
grim silence to the funeral pyre.

While the others busied themselves examining what was left of the
body, Sheriff Davis, a tall, lean-faced Arizona miner who had just been
elected to office, strolled around +jn widening’ circles, serutinizing the
ground in-the gray dawn light. °

Although he had not yet had much experience with criminals, and was
just learning scientific detection, the raw-boned sheriff could read wilder-
ness signs like an Indian tracker.

“Look here,” he called to the sheep herder, finally. “Has anyone drjven
a car off the road since you've been here, or anyone walked around much ?”

“No,” the man said positively. “No one turned off the road, I noticed
those tire-marks, too. They must be from the killer’s car, And I haven't
gone near the body since I found it for fear of disturbing something,” .

Undersheriff Furst joined them while the coroner still knelt by the body.

“Here you are,” Davis said, pointing, “They drove up ina car and.

Although flames had blackened the features of the desert corpse and de-
voured its clothing, a bronze button, sketch below, remained to guide Ari-
zona officers. A purple scar on hig left cheek helped to betray the slayer.


— STAY, from page Al

_ The justices could uphold the death
sentence, reduce it to life or send the
case to Maricopa County Superior
Court for resentencing.

Rob Carey, first assistant state
attorney general, called the stay of
execution frustrating and baffling.

The issue of how to apply the cruel, -

heinous or depraved standard — one
of several factors a trial judge can use
to sentence a murderer to death —
has been reviewed five times in the
past 15 years, Carey said.

“This probably delays the case for a
minimum of a year for an issue that’s
been decided,” he said.

However, he said the high court’s
order contained some good news, a

‘denial to review what he called
“bogus” claims-of innocence.

Mata, 43, who is on death row at
the Arizona State Prison in Florence,
had been scheduled to die at 12:05
a.m. Wednesday.

He and his brother, ‘Alonzo, were
convicted in the March 1977 slaying
of Debra Lee Lopez, a 21-year-old
acquaintance who was beaten and
raped at the Matas’ apartment in

Phoenix, then left at the side of a road
with her head nearly severed.

Both brothers originally were sen-
tenced to die for the crime, but after
they were ordered resentenced be-.
cause of changes in the state’s
death-penalty law, Alonzo got a life
term and Luis again got death.

Luis originally said he cut Lopez’s
throat, but he later said he was just
covering up for Alonzo. In a Decem-
ber affidavit, Alonzo also said he was
the actual killer.

The main witness in the brothers’
murder trial, Jorge Castro, also has
changed his story. In an affidavit filed
Monday with the Supreme Court,
Castro said that Alonzo beat and
raped Lopez at the apartment and
that Luis never harmed her.

The high court apparently was not
persuaded by the claims, saying they
weren’t a basis to stop the execution.

However, it said the questions on
the effectiveness of Mata’s lawyer and
how the standard of especially cruel,
heinous and depraved should apply
are “legal issues that need to be
resolved in this case and for the
benefit of other cases involving the
same or similar issues.”

ARIZONA Republic 7 AS- 9S
Symington criticizes justices

_ SYMINGTON, from page BI

difficult areas of the law to deal with.”
The fact that executions are de-
layed, Stookey said, is a measure of
how poorly the legal system operates
at’ the trial level in death-penalty
cases, not a sign of judicial activism.
“Symington made his announcement
at. the Capitol, where he was flanked
by- Bill and Lola Rottmann,_ the

parents of Mata’s victim, Debra Lee

Lopez. ‘ a
“We're angry the stay came down,”

Bill Rottmann said. “It’s not fair. The -

justice system isn’t working.”
His wife broke into tears as she
spoke of the torment. the couple have

Suffered over their daughter’s death.
“It’s been 18 years, but it’s like it i

happened yesterday,” she said.
Luis Mata and his brother, Alonzo,

were convicted of the March 1977 .

slaying of Lopez, 21, who was beaten
and raped at the Matas’ Phoenix
apartment, then‘ left on a roadside
with her throat slashed.

Both originally were condemned to
dié, .but upon: resentencing, Alonzo
got life and Luis again got death.

‘Luis was scheduled to die. at

12:05 a.m. on July 12, but the execu-
tion was ‘halted’ July 6 by a 4-1 ruling
by the state Supreme Court. The court
wants to determine. whether Mata
received adequate legal representation
at his sentencing and whether he
should .be resentenced, based on a
1983. narrowing of the definition of
“cruel, heinous or depraved.”

Justice Frederick’ Martone dis-
sented on the stay, which‘gave Mata
at least another year to live.

Symington told reporters that vic-

tims “look on in astonishment while
our courts continue to protect vicious
killers from their justly imposed
punishment.”

“Judges are not sent to the bench to
sit as moral arbiters, willfully frustrat-
ing justice on the strength of their
own. personal dislike of the death
penalty,” he said.

Symington later sent a letter to
Chief Justice Stanley Feldman an-
nouncing his intention to “begin
working diligently against the judicial

- overreaching which has dominated

capital litigation in Arizona and
around the country.”

Since January 1991, the Arizona

Supreme Court has issued opinions in
54 death-penalty-cases. In 37 of those,

the conviction and death sentence of '
the inmates were upheld. In five, the:

sentence was reduced to life.
_ The court upheld the convictions in
six more cases but’sent them back to

- Superior’ Court for resentencing: In.
the remaining six cases, the conviction .
was overturned and the prisoner was.

granted a new trial. .

. Michael Kimerer, president of the’
State Bar of Arizona, said Syming-.,

ton’s Comments “mischaracterize the
court’s role in a democratic society

_ and what the court did.”
“The court did-not overturn the’
. conviction or set aside the death

penalty,” he said. “The court stayed

proceedings ‘so further argument |

could be presented . . . on two issues.”

David Byers, director of the Ad-.:
ministrative Office of the Courts, said”
-it would be improper for the justices:
‘to comment because ° the case is

pending. - -
Denise Young of the Arizona

Capital Representation Project, which
assists lawyers defending death-row
inmates, said Symington is turning a
legal matter into a political issue.

“This is clearly a campaign speech
aimed at gathering votes and not
about the wisdom of our Supreme
Court,” she said. “It’s not about the
horrendous tragedy suffered by the
victim’s parents.”

Symington also called for a study of
the death-penalty process in the state
and federal systems, saying he wants a
task force of attorneys and legislators
to identify reforms.

That suits Larry Hammond, an-
other Mata lawyer, who said many
attorneys support such a review.

Almost half the death sentences

handed out in Arizona eventually are

overturned either in state or federal
court, a situation that some attribute
to the law’s complexity and a lack of
resources for trial lawyers.

Some lawyers have proposed devel-

oping a death-penalty trial center so

defendants will get competent repre-

“sentation at their trials, cutting down

on the number of reversals. However,

the state Legislature twice has rejected

requests to set up a study committee
on the subject, Hammond said.
Hamm, a paroled murderer now
attending law school at Arizona State
University, also supports reforms.
“There is a serious problem with
violent crime, especially with violent

- crime that results in the death of
someone,” Hamm said. “But this is

much more serious than can be
handled with chest beating.

- “I can assure you from personal
experience the answers do not come in
bashing prisoners.”

Witness admits lie
in death row case

Associated Press

PHOENIX — A key witness
who testified against condemned
murderer Luis Morine Mata now
says he lied.

In a sworn statement filed
Monday with the Arizona Su-
preme Court, Jorge Castro says
that his 1977 trial testimony that
Mata assaulted and killed Debra
Lee Lopez was false.

Mata is scheduled to die by le-
thal injection Wednesday.

Castro's new statement also
says Mata’s younger brother,
Alonzo, was the only assailant.

Alonzo Mata, serving a life
sentence for the murder, said in
a December affidavit that he
raped and killed Lopez, then
asked his brother to help protect
him.

The younger Mata, who was 18
at the time Lopez was killed, said
in’ his December statement his
brother didn’t hurt the woman
and was unaware Alonzo planned
to take her to a deserted: road
and kill her.

Prosecutors have discounted
that statement, saying the
younger brother is protected
against a death sentence and
now is trying to save his older
brother. They also contend that
even if Alonzo Mata’s December
statement were true, his brother
still was a major participant in
the crime.

“J think that this is really pret-
ty typical of what happens when
you finally get a prisoner who is
getting close to having to take his
punishment,” said Attorney Gen-
eral Grant Woods. “They get des-

perate, they will trying anything

to save themselves. We are hope-
ful that the court see this for
what it is.”

Luis Mata, who turns 44 two
days before his scheduled execu-
tion, told police at the time he

had cut the woman's throat but
later said he made up the story
to protect his brother.

Both were convicted of first-
degree murder and were sen-
tenced to die. They were resen-
tenced later under changes in the
state’s death-penalty law, Luis
getting a death sentence but
Alonzo getting a life term be-
cause of mitigating circumstanc-
es that included his age.

Castro contends now he lied
because he was frightened.

In the new affidavit, Castro
says that “Luis did not beat up
Debbie, and he did not rape her.
Alonzo was the only person who
beat and raped Debbie in the
apartment that night (March 11,
1977).

“Tt had known Alonzo and Luis
before that night,” Castro says in
his new sworn statement.
“Alonzo was Luis’ younger broth-
er, so Luis looked after him. In
fact, they were always together: I
guess Luis was looking after
Alonzo in this case, too.”

According to court records,
Castro was with the Mata. broth-
ers the night of March 10 when
Lopez met them in a bar. Later,
in the apartment, the two broth-
ers took turns raping her and
beating her with their fists and a
rifle, the records say. Neighbors
testified they heard she screams
and one said Lopez escaped once
but was dragged back inside.

Castro testified he watched for
a time as the woman drifted in
and out of consciousness but fled
when the brothers said they were
going to kill her so she couldn’t

‘talk.

Later she was stabbed repeat-
edly and her throat was slashe
so severely she almost was de-
capitated, according to the medi-
cal examiner's report.

|

LOPUly/,
ul
eZIIy
mei 4
IyNjOs
B3lIW
S
D ‘sy!
nde
A[uo
)pUIM
)

10D


SATURDAY

JULY 15, 1995

Justices

draw

governor’s fire

By Pamela Manson

The Arizona Republic Yi ‘ d UX

Complaining that he is tired of
“judges obstructing justice,” Gov, Fife
Symington on Friday lashed out at the
State Supreme Court for Staying the
execution of Luis Morine Mata.

He also took the occasion to
announce a program that he hopes
will have Arizona’s 12] death-row
inmates breaking rocks and digging
holes.

Symington called the Stay, issued
six days before Mata was to die for
murder, “another case study in how
judicial activism is making the United
States a land where vicious killers
become media stars and escape their
punishments while their victims suffer
for years in anonymous silence.”

The governor said he will work
with Corrections Director Sam Lewis
{oO set up the hard-labor program,
estimated to begin in 30 to 60 days.

“Security is an obvious problem,
because we are dealing with the most
ruthless killers in the world, who have
nothing to lose,” Symington said,

“But if we can devise a means of
doing it, residents of Arizona’s death
row are going to start digging holes
and breaking rocks while their appeals

A

are pending.”

The work would be done within
prison walls, he said. Inmates who
refuse will be denied such privileges as
television and phone calls.

A prisoner advocate called the idea
“wrong-headed” and said Symington
is exploiting the victims of Mata’s
crime for political purposes.

“It has nothing to do with making
life safer,” said James Hamm of
Middle Ground. “It is just vengeance.

“This is grandstanding of the worst
caliber.”

Hamm also questioned whether the
inmates can be forced to work.

“The penalty for those people
Sitting on death row is execution,” he
said. “The state has the responsibility
for keeping these people until the
punishment can be carried out. The
law doesn’t say they will be sentenced
to hard labor until they’re executed.”

John Stookey, one of Mata’s
lawyers, said Symington is trying to
politicize a legal process.

“We're disappointed that the gover-
nor’s chosen to go after the (Supreme
Court) justices,” he said. “As every-
one knows, this is one of the most

— See SYMINGTON, page BS

- «

-BUIL ‘tor.
andidate

der writ
al court,
iat court

3”, Chief
tlle and |
and‘ Ma-
the Jau-

ad com-}can, Utah, Joined In the dincussion
thee dam eed ~Ungelys spss. jrseeset {Py UY.

wre held.
ra was
nd signs
» of the
te guth-
bulrding

of tha Ca
bye bbe4

iHalled tae do.

= -

pPropusts Pah aseds sab - Lbbis bh cbal' bh ws

tiver. Representa-

Desir AARON,

ee ‘
REEL WNAR ee tet ee kbd ke AU geet ee bee

vaHeys where mauy_acres of the
richest agricultural land of the state

assured it: wewld-not - --- an
‘ Representative Arenta “Ropub
cun, Nevada. asked” Hayden what
‘the governor of Arizona wus guinkg
to do nbuut ratifying the Colorady
river pact. which that state has
The guvernor can
speak fur himinael(. sald Hayden.
Morrow wondered whether ud.
thonal luanda in New Mexico could
not be Irrigated by the Gila river
if the Coolidge dam wan ellininated
and Hayden replied that there was
not enough water in the river where
{t rose In New Mevico.
‘Representative sAin-rs Repabibe |

> Lrolpe-t

rado river compact.

CHANDLER REPORTS

(RIED!

senarine
a bere oof
(ure (he
eam boat
vce urred

charges
wheokal beats
log pre-
vyer ww
with an
leet of
at while
oved the!
‘ The
ty.

tap Bove - |
7s

aow tf

—~ bea

Am ont

tam Umar.
es ag ou
a? the

ab of tha

ef Mew |
a? tao!
GR ce varrt \
gle oe 4
<a Oh 0e ee

‘ unusually

i of Chanmdtter from Phoenix to Tuc-

on

'_@& pert,

[ (eg i G8 om art

were- dnundated-

STATE HAS 125 MINES

NOW IN—OPERATION| tx orev

PHOENIX, Jan. 8 (By Aasociated
Press).—The outluok for the mining
industry in the state ls very en-
couraging, it is stated in the annual
report of Tom C. Foster, state minc
inspector, filed ‘with the . governor

tudariRhe conerwnvPin the mining

Industry pone ola very good dur-
tegen yk,
the mines reign ae
to the report. ==
The report shows that there are
125 opeAating minea in the state
wining copper, gold“end silver anid
other ores, with a total of 13,985

RR. Uf. Hautes returned to the Ban
Marcoa hotel at (hundler venterday
morning followinu a short visit hare
to attend the ¢° hallapin concert Last
alxhe-- .

Dr. Chander. head of the Ban
Marcos Iletel company, sald laat
Night that winter tourtat travel was
heavy this winter and
hat the esason had opened mech
earlier than usual. Polo hak been
Introdyueed o? the Man Marcon hotel
thie-winter for the fivat tine. Chan-
Mer eld ant wasn creating con-
alderably interest among the winter
vjeltors

The new astate highway by way

J e
= 00 Jotner ! ot
LOD TOURIST 2h Sosa oeaka bee a} ieee.

a ‘} - Mr nnd Mra. John Galaworthy,
(-———+her a. Jt hawsdles ead-As.uad Mra |.

eQ. he ened ta meactioally comple ed
wefar ee the wan Lridke acrogs the

QOila Over alone t'aaa Grande and
when com pleted an thie end will cut
aPurusinately 16 mikes of the wrea-
eat tuule te IheenIx by wav of

rr. M inority Quits Battle
for Income Publicity

for the year ending November 30,
1925.

“There were -40 fatn} aecklenta tot

the mines during the year, the re-
port shows,

HUNT AND CASE WILL’
VISIT TUCSON MONDAY!

PHOENIX, Jan. 8 (By Asnsoclat-
ed Viena) —Governor Hunt and C
©. Case, atate superintendent of
public. instruction. wili leave bere
Kunday for Tucszun to attend oa
meeting of the board of regents of
the ‘state university. to be hell in
the office of President Marvin. of
the univernity, Monéay morning.

The bourt of regents, It wus un-
nounced. will consider a number of
roullue matters connected with the
opgration of the univeralty and of

the opening of the second sementer , Following thety arrest there were! hax routed thousands of rate Neve Tron

of the school year.

_———— So + + + -

WARKMISOTON Jan &8 (Hy AsB-
eow Later Ireeet Rewale foe tree
ecate ber wleet t.dey nul to comiuect
Nehs foe comtinuallen of
Pradrdic tts +f smote tab returne
repeat uf etish te prusittied fur in
the hartee remave bill nw belord
(he conaie Pepnce cummittee

The !wrw-cret's members .f the
roman eo endow tenderehip ef
* demwetes Miavewesese of Muesth ‘f'e
‘Naa OM ogres &.wemns. on & pre:

trem -' tae rehetiwn whith they

Powe @0@ & Peletit ste fae
wd by the

Henate Hepubliicana, why are ex-

‘wecteld to falhow the lead of Necre-:

‘ary Mellon tn asuppertion the non
nertizan measure paaned by the
wWuse have « majority of 10 te 7

jfaccordiae

Saks FBR IRE ED

ringing tones, asked the .70 \Bpecta-
him in prayer and as
was concluded he arose
and te death wrap\wus sprung.
Lawrence's body was claimed by
hiss mother and wlster who led a
valiant fight to save his fe, and it
will be shipped to ihavenee, Okla.,
for bdrial. <Altheugh Muskogee,
Okla, was his home this was ope

A. Lawrence. whe went tv bis death
on the gallows of the state prison
at Florence this morning was con-
victed of slaying Policeman: Hage
Burch of Phoenix. Burch was shot
ani-kKilted- early - Pas she" morning of
\ 5 ext: te-nccostad int
j Liwrence ‘and “ils young btdther,
A. B. (Bebe) Lawrenca siphoning

According to the testimuny at the
trial Burcis had told the brochers
Ahsy were undey arrest; bhashe placed
One handcuh on “Babe’ und then
the fatal shots Were iired which
ended in the death of tho police of-
ficer a (ew Dours later; On tne wit-
ness stand Lawrence niaintalned
tnat he had shot ip-se a and
alleged that the poli@@mun had
abused him and his brother und- hast
fired the first shot, —

Following the shuoting | the two
brothers fled on toot. Alter spend-
ing a day and night in the river
bottom they were captured the
next afternoon at the top of ‘Feinpu
Butte, ten milé&s tron. Phoenix.
‘town Marshal Malph McDonald of
; Tempe and -wa-MMextcan captured the
two brothers.

}threats of mob vielunce and tne two ! their
— . brothers were first brought to tne scaimpered away

‘Maricopa county. jull in Phoenix.
j Fearing that this would be stormed,
‘the bgothers were taken to the state
prison att lorenye-lue safe Keeping.
The brothera were placed in Sestiy |
i;ate cars upd escurted by heavily |
| armed .kuards and a winding path '
| was taken vo the brinon to uvold the
) possibility of the .nen belng lynchea.
i After being xept at the prison tor
jweveral Qayu (he
| were brought back to Jail here.

, OUtiaryes of murder werp (led

n the fingace committee whieh
nust Nret pass on terma of, the ont on of Will and hin sencence
have 29 ul dow “Babe” wus turned over tw ;

myth Hepublicana = ntee
-bensz Pri ses

tty in the senate bat!

authorities at Kort Worth, ‘femen,

Of hia last wistes; “net wrence wiser
27- years okieme day vetdre his
exeeution.

rl Sra ;

Hemolne feom-aruulomolile, .__.._ |

‘

|

“two Lawrences |

ae inen but following the: Arizona, Kuve «a lecture on “Polwesn-

be

seltches to auppert af the Demo-, where he wan found gcuilly of rob: |"

raike program ithe these of the
neureents tan yearw ry as probebly *
wm coughed abt put ct oim “the bili

a Por eoy baleoss aici
weit te the law tan ye aay
, ae

of femort age a

Time <engtregst 91e cook ok at. Reeves
o_o np ~at,

womisven-@ winger vw =a magi te
ei tobe (oM® tleg te
woes 8 §'O ove then

outed &e So Yc embers © hil
Rap baw gees -ccred tm gupere. Wy

GSusvetery a o gh. See of mca:
aghs @! 204 :

] oe 8 ee fo greeter tal:
a) a oy ve

db trerwre be fe «@

. ~~

eee iteurgento It wae
3: Morte. Hevew-

=. que ] ie oe and * be -
wowved netive he wi) fisM terme

te: a Oo the bquse bet 1) er ite re-

pent

Paver s* teatha tee wees Btate
@erted ide Aietty pruvielow two
Sects age cere) anpeun. od
“esqe on thew views ard conter-
ewwren -!f the Verge care Wes aoe |

bery with «a gun in connectlon with!
(h@ alayJQge OF towputy Shertff Jue -
dMorgun of Muskogee Okla,
im’ place In sune, 1924.

= tity tecarive wolfe. wor t

Beat pthd@ new broadcasting syatem Just
anit WHE) inatalled at the hospital,

Pin the wus pad.

{_ B--welor, and fhe Heine.
age iistn Fe oe “fered veh Bt babe Le. vl

; : h
undeypmined raikvays.and roudjbeds, , the council) ie proceed wit
aor amet tant sege gic Racer re Ss £

rats with sticks and Wenpons.

¢ r
- ,
*
3
Rech W EEE, Wher came 00 mais 4 weeny Se meets: Ary eer

und killed Policeman ‘} Surch $17,000,000. tc hm wen decide by ise Cie:
of Phoenix, Went to tiv usw witb Sacuawiees CHhaen Jang night ly taiae the pe)

¢ hs ™o Jan. 3 eworta eth Li of the ity pyisulmen es.

4 mS ak ge Tot Iybsbow | -$1e)—e— wns
After. going: ‘yhe_ Peath conmber =o aig oe he. vl, “OL mie: 4 eoctive> a “unte. This “action wus
he made a short statenedt ie clear, ,

official of the minstry o€ publ! brought about through the recodh-
works after an extensive survey of | nendation of Chief of Police Jack
the flooded areas, but the dame) Dyer and was passed unanimoaslyx
to property will amount to some The question of butldlng a eub-
thing §00,000,000 france fev- way under the rullruad tracks al
proximate $17,500,000 vt the eee fine Park avenue crossing east of
ent rate of exchange). tthe business district wan brought

Technical experts who have ven up and on recommendation of the
tured All sorts Of phophesics atoce | investiguting committee and the
the floods began concerning theleny engineer ft was decided to
Props rise and (all of the rivers upandon the Idea. It was then

ow “EA That dry and somew ret nioVvod a edt that the-ctty tere |
colder werther-whie eetais Str) ~~ eo

will hasten the limit ef the Ls teniga ts wultuble pluna for an aqueduct

w&thye subway. Ad
'eOOn an thence plubs ure Teaty Uke

—* vee Sele Pe eee re ‘will be ucled upon by the council

> -and means of financing the project

idecided upon,

The city utlorney was justructed

the

The Marne, Meuse and Olse val
leva ure the. worst stricken urese
outside © laris. , Wrecked bridaee |

rendered uninhabltable nnd rdinert :
fields of Winter Whedt make up ths ‘struction of pluyg
Het of damage cuused by the in- fat the Armoury I's
Cessant rains und melting anowa ‘ing on this ter will be before

In the capital only a few hundret! Judge Gerald Jones In the Superior
persons. have been forced pw aban-jcuurt, this morning at 10 o'clock.
Gon their homes, but in the north-’ At tis heartng a generat demurrer -
ern and eastern sections of France.! will be Med by the city tn the hope
homes have been wrecked or (lauwt- | that the court will see Ut to throw
ed by the score. out the case.

The water of the Seine tonight hed | The question of the aufety of the
reached 6.16/meters (20.2) feet) “U) present armory bullding also wus
the Aysterlitz bridge, whith atfll in brought up and the city ‘attorney
seven feet arts than the hich wa-! way instructed to lock into the legul
ter mark “ : os eollave tua: ¢! duestion us to What authority the
Heth ‘tlooded. eg rews Were et Slate Mas in-dritting state intiitia, a

*% building already cundemaed *
to work teday. atthe xreat wine *
warehouse-at Bercy, inside the walls’ the city engineer. — Bveaseaacoer: ie

vund equipment

of Payls, salvaging kegs of wine owned by the state and Is situated
which were-- floating. lown the pon land lesed by the elty ‘to the
stream. . “Wale, “oO a

The high water
the Invalldex station, the
VOrsal ART the—Auateclits

in the vielnits of! A petition filed by pr local Boy
Quy »Reout orgunteation usking the city
beinke ws give it the mall triangular park
tthern—Pacific
relation fur scout. purposes and per-
sinisston tu construct. a. sultable
building on the hind for scout head-
Quarters Wus refused by the council
on the ground that it had no author-
> 4b tu. authorize the use of this land
j for anything except a purely public
| caiae prise.

haunts. They have
toward dry lend
invading parts of the Latin auartec, \
j Here some of the venturesome atu-
dentn are to be seen chasinw the,

usual

PASTIMERS HEAR OF |
LES OF DESERT ‘RAILROAD ATTAINS
Pee | GOOD SAFETY RECORD

SAN FRANCISCO, Jan. 8 (By As-
‘woclated Press).—The Southern Pa-
ous Reptiles of the Desert’ at thet cific company in putts forth the
Red Cross hall at Pastime Park teat] claim thal itis safer to “travel than

ight. °° , 4 wlay: at -home:. >.

co hall wax well filled with hea- + The company in entering ttn aev-

tharles T. Vorhies. profpssor
ce pedicel ut the University ot!

pital patients and the lectare wea’ enth consecutive year without a.

‘broadcast ‘to bed pallens throught fatullty to a passenger in a steain

truln accident. Shce November 30,

Each bel) 1919, more thane 200,006,000 paxsen-

peen fitted up with ve bee :01n-

ae ea penitentiary. ar phoueswed Ad the future all en- aupraver mae fg pted rd ito pel

as allege! that Depaty Sherjfti tertalnureat eR . 2s tho hoppital pRerigey milén~ . Tubs quivalent tu

rid 7 wei te Fort Woeth. Tex will -be Ppa tléeriem undble to cacrying glee . lon of the

“ty ® KB the twee biryg back to M brur 6 than Usitea ae t Oval 49. miles.
- boxe Coubea. tu face « ohergea’ -The Bathe We the renult «of «a

car tlealing and thet the bro¢
vverpuorered Alin and aaleiisy
ah BUH aheot and khitle

true thelr earape

GAINING ROPULARIT

a 0 WARRING 0

It t t
or kift to the hospital by tthe alav

Colton of Douglas,

alent of 360,000
lew edhe on hore In mileage

- | &le"punachyer. Bs

NING YORE Today in Pugson i

eater unre -}o- dream

egy SG

ae

The Urst heuw- ._.

Ayd-alb without the loss of a ain


RESIDENTS FLEE
Conference Of

Beine continued to rise
24
stood at 6.10 metres (abo

the secord height in 1910,

noon of the chiefs of varlous public
departments and m

bhy the flumin thin fur leas

n

wtanus why

_ Below Disastrous Floods
Of 1910

Lit)

¢

French
inisters Seeks Method
» Assist Residents Who
Are Driven Out

PARIS, Jan. 1.—(A.P,)—The river
today, bat
not s0 fast as during the preceding
hours. At the Austeriits bridge.
a sort. of strategic point, the water
ut 2@ feet).
lower than

which was still seven feet

A conference was held this after-

eunuren were de- |

vised tu protect the residents along
the river, banks should they be
obliged to evacuate thelr homes.
The fluod situation In the Ojse
region has remained virtually un-
changed, while the Rhelins diatrict
appears to be now suffering worse
cond s than any of the others.
At Maxstricht, in Belgium, the
river Meuse has fallen to almost its
normal level, while both the hhiee
ave dropped consid-
from this
past. But
he sal-

Beine hae
nce-
will

her in its wake,
p northerly wind, made
this evening that @
will be averted.

@ cupital itself
so been guile
fluoded cellurs, but large

advent of colder weal

with a asahar
hope brighter
great catastruphe

The dumage to th

tinged to

be ‘stilt 2 ynable te walk.

paste ce several million’ pesos, ~No
he @aeualtion are thus fay reported.

hua been done ju the suburbe,

slamaKce
plu nts having suf-

ufacturing
4 heavily.

—_————— 0)

senate.To Approve
PersonalExemption
In Income Tax Bill

WASHINGTON, Jan. 1.—(A.P.)—
The increase in personal income tax
exemptions provided in the house
reduction bill appears certain of
senate approval. Democratic mem-
pers of the senate finance committee
which now has the bill under consid-
eration gave tentative approval to
this provision today in drafting their
substitute program. Republican mem-
hers already had expressed gen-ral
approval to the house rate schedulen.
_ he house bili would increase the
exemptions from $1,000 to $1.600 for
single persons and from $3,500 to
$3,600 for marricd persons. It {so
eatimated this would relleve 2,600,-
@0@ federal taxpayers from any in-
come tax, A stumbling block in the
Democ: ats’ discussions seems to have
been presented by the desire of some
to increase tho total reduction from
$233,000,000, as provided in the bill
as it passed the heuse, to $500,000, 000,
with a poasible extension of the per-
fod of retirement of the public debt.

wheat chair with him for

ae ae M 4 we cent seme ‘

-. .' Floods .In Mexico
MEXICO, CITY,..Jan. 3—(A.P.)—
peda in the-state of Durango bave
maged. property. and crops to the

delegai: =

fons, Inctus:
N. Doak

end B,
labor organizations.

the president.
Later Alfred
the association 0
who cont
yesterday, joined w
in making public
claring that railro
employes had reac
on legis
mediation for ra

case mediat
also to authorize
institute inv
board in case of th
ance.

derstood to be

poral.
the provisions of
lows:

“Kirst—(hat i 8
of the parties to
sonable effort to m
agrecments.

be first considered
tween the parties

vb. D. Robertaun, W.

Donald R. Richbersg,
those who discussed the

Pp. Thom, counsel for
f railway executives,

erred with

hed an agreement
lation to create a board of
ilroad labor disputes,
with provisions for arbitration
fon !s unsuccessful,

estisation by

The statement
erence to abolition of t
labor hoard, although this was une
implied in the pro-
The statement

“Second—any and

directly interested.
“Third—adjustmen

of fa:.. un-
M. Jewell, with
attorney for the

were among
matter with

the preaident
ith Mr. Richberg
a statement de-
d employers and

in
and
the president to
a special
reatened disturbd-
made no ref-
he railroad

summarized

the bill as fol-

hall be the duty
exert every rea-
ake and maintain

all disputes shall
in conference be-

t boards shall be

senate, with the duty to inte

own motion,,in any unse

rvene, at
y, or on its

the request of either'part
ttled labor

diapute.~ . :
“Ri(th—dboards af arbitration are
provided for, when both parties con-
nent to arbitrate, also the method
of selecting members of the boards
and the arbitration procedure. Any
award made by the arbitrators shall
be filed in the appropriate district
ecurt of the United States and shall
tecome a judgment of the court,
binding upon the parties, °
“gixth—in the possible event that
a diapute between & carrier and its
employes !# not settled under any,
of the foregoing methods, provision
is made that the board of mediation,
it In {te Judgement the dispute threat-
ens to substantially interrupt in-
terstate commerce, shall notify the
president, who is there upon author-
ized, in his discretion, to create &
Loard to Investigate and report to
the president, within thirty days,
from the date of the creation of the
board, It is also provided that after
the creation of such @ board and
for 30 days after it has made ‘its
report to the president, no change
except by agreement shall be made
by the parties to the controversy in
the conditions out of which the dis-
pute arose.” |

STALK

NEW YORK, Ja
a new wage cont

one or the other

After holding an

today,
tomorro
ment tha
result in any @
The negotiators
yesterday of all

t thelr d

When even!
man Alvan Mar
per, suggested
aix miners an
filed ont the

kle

U

Mr. Markle
the negotiutors ¢

The only appare

ation of false re
had been sett
ence adjourned, Fr
apread§ that the
ag
fact

changed.

peace plans and oth
to ending the contr
turned today to a desultory
sion of various ideas tha
ready been advanc
ng be

where the meetings
ja credit
ugether, and he 1s
determined ta continu
as he hus the ability t

the conference Was the

a resolution deploring the
ports that. the strike

led. After the confer-

reed on a nettieme
that announcem
made that the situation re

PARLEY

IS DEALOGKED
ON WAGE 130

n. 71.—(A.P.)—An-

(hracite miners and operators, dead-
locked in their allempt to negotiate

ract and end the

hard cual atrike, are walting appar-
ently for aomething to turn up or fur

side to break up

their joint conference.

other long session

they adjourned to 11 o'clock
w morning with the ftate-

iscussion “did not

efinite conclusions.”

cleared the table
pending proposed
er matters vital
oversy and re-
ry diacus-
t had al-
ed.
gan to fall, Chair-
. the neutral mem-

adjournment and the
d six operators again

nion Jaague Cluh,
are being held.
ed with holding

e this as long
o do 80.

jon taken by
adoption of
dissemin-

nt act

umors were again
negotiators bad
nt, despite the
ent had een
un-

MARYSVILLE,
The triul of K
€ ed wilh the

{(. Kugene

venire had been

Reardon:
t Wheatland in-
oday after. the
exhausted,
drawa and the.

il be
ury wilt continue as

Exhausted| "=

Cal, Jan. 12

(AF)
lchard ‘Blackie) Herd,

urver of Deputy

m
duriag the

A spe-

”

‘Dean’ Of Dé! 7
, éfiver |
Business Men Is
- . Influenza Victim
as]
DENVER,. Cole., Jan. 1:—(A.P)—
J. Jay Joalin; 96, founder of the
Joslin Dry Goods store here, $4 years
ago, and “dean” of Denver business
men, died at bis home here late to-
day of influenza. Ite had been I!
three weeks. Until December 12 last
he was at hie office at the big fe-
partment store here almoat daily.
Mr. Juslin was' born on & farm
near Puultney, Vt. Muy 11, 1329, He
uttended rural school and at an acad-
emy and in 1347 became A clerk in
wu general store near hin home. A few
yeurs Inter he entered business for
himaelf in Poultney, building up one
of the largest general merchandis-
ing firms in the atate.

GOAN 1S WORTH
$1 BUSHEL 10
MACHINE BUYER

‘CHICAGO, Jan. 7.—Dollar corn to-
day became & reality for buyers of

farm implements. ;
Confident that corn will reach one
dollar or more & bushel within the

next six

ments on
bushel for Nugy

The compeny.
store cos ¢

belt and

paid it acted to re-

ber 2 covn at Chicago. :

Slayer Of Maze ourc
FEAR BREAKDOWN

Lawrence Will Make His.
Dying Statement To At-
torney McNabb At 4
O'Clock This Morning

Rill Lawrence, eanvicted alayer of
Hare Burch, Phoenix police officer.
passes into eternity at sunrise this
morning, closing the last chapter in
the career of one of Ainerica’s most -
notorious characters and known
from Texas to Montana, where h®
left his trail of crime and bloodshed.
The air of bravado that haschas-
acterized Hill lawrence from the
moment he was taken 4ntn custody -
and lodged in the Maricopa county
jail, dinappenred In the paseing MmO-
ments of his earthly career, and
bandit demeanor gave wav to menke :
ness and definnca faded into repane
tance an the prison chaplan aat:de-
side him in the death cell: counting
the momenta that brought the gal-
lows closer and closer. fag
Outwardly, Lawrence tried tn keen +
up, but he gradually weakened am? i
prison officinis feared a collapse ‘Qn
the trip to the death chamber. We ;
alept well throughout the day, whlat;.#
coupled with the nerve racking strain.,*
ef approachiag death, made sleep im- &
ratble last ‘night. ‘
Final preparations for the execus -:
htion ef Lawrence were madé yesters *
day and last night and early thie -;
morning, the amall greun af invited ©
guests which the law demands. must
witness the execution, anraulhled at
the prison to see that justice lp car-
ried out. The trap that will end the
somewhat hectic career of the 237-
year-old Oklahoma “bad man,” will
be sprung at & o'clock.
Bide Mother and Sister Farewell -
Lawrence bade a final farewell to .
bis aged mother, whoxe efforta to save
him from. the hangman's noosa were
untiring, and to hin 16-year-old als-
ter, Fay Gene Lawrence. & Phoeniz
high achool girl. The mother and alee
ter were taken to the prison late yes-
terday by Attorney L. . McNabb,*
counsel for Lawrance.
The farewell betwe
whose efforts to save her son failed, ~'
ust give his life
urder of Officer

‘

en the mother,

Rurch was , ory
demned man and his mother collapsed -
and only a fow lest words were ox
changed.
During ¢t
mother and aister @
guards retired and
broken-hearted
selves. Ax the close

the 4

neeessary to carry ie:
mother from the death cell and Law-

rence was: y able to raise his

head to kie# kis mother go0d- Z
His last act was to kias his, sister:

farewell. . kissed her two tintas -

and bis mw once and then. Mre.

Lawrence ed from the:

and plac a wheel chair which

te bring 7 facts to :
t eubs and iTacans.
The sobbing 44uste

chaly. ond nets
Lys

” ‘ ¥

veh dy sorter!

Te teneet ow bel


rs Of Minor-
cide Against

in Continu-

blicity
‘SURTAX

2 Solon Will
luictio- ~-he-
bstity . For
ure:

Leased Wire]

Jan. 8&.—Senalte
oday not to con-
for continuation
me tax returns,
provided for in
bill now before
sommittee.

members of the
he Jeadership of
' North Carolina,
On @& program of
y they wih ‘pro-
@ for that writ-
’ the house. :

chedules, which
L at a final con-
will call for tax
> to ast $70,-
pro by the
ch X een eit
y Secretary Mel-|
stration, .
for greaier tax
nocrata are exe
epesl of the an-
ne - numerous
- faxes not
va ard a siight
rperation tax.
ttiens also that

seek revision of

ima |
CAUSES. HEAVY
LOSS OF LIVE

MEXICO CITY, Jan. 8.—There has
been heavy-loss of life and several
towns have been destroyed by flooda
in the state of Nayarit, according to
the first official news from the flood-
ed area. The port of San Blas has
suffered considerably.

This information is contained in a
dinpatch received tonight by Deputy
Romero Gallardo. The message does
not give the number of casualties.

WATER SUBSIDING

NOGALES, Ariz., Jan. 8.—Watera
in the atate of Nayarit, Mexico, are

subsiding after one of the mo@ dis-

astrous floods in history, it is stated
in apecial dispatches received here
today,

Following‘ a week of torrential
rains, all rivers went over the banks
inundating hundreds of acres of fer-
tile lands and damaging the new line
of the Southern Pacific of Mexico at
an amount estimated at ocetween a
quarter and a half million dollars.
The property loss is estimated at
three million pesos, |

No mention of losa of life is made
In the dispatches received here. Hun-
dreds ef families were sald to have
been left bomeless by the flood and
reacue parties cannot reach, them
fron Tepte, the capital city of the
atate until the roads improve.

The flood caused destruction on the
new route of the Southern Pacific
of Mexico which is being buflt to
Moezico City. For 25 miles south of
this city the track is sald to be un-
der avers! feet of water. Many

Bit Mme me atte cnn a 4a-

Gaak. . ee ce :
Beautiful Isle ef Somewhere; - °
Land of the true where we live

: anew, i
Beautiful’ isle of Somewhere.

Bill! Lawrence in dead: he dcoppea
Into eternity at §:22 o'clock venter-
day and 10 ruinutes later he was of-
fieiglly pronounced dead—the law.
had exacted It price for the murder
of Haze Burch, Phoenix police offi-
cer killed in line of duty.

' Whatever may be sald of the ca-
reer of Bill Lawrence, it can be said
that he dled game, and with a smile
of forgiveness on his lips for ell who
were in any way connected with the
termination of his earthly exjstence,
A mothers plea in her last
farewell eutweighed ‘the bandit -

instinct end in its place came a

new spirit; nene can deny that |

Bill Lawrence died a man. Bee

“{ had planned te die leaving

@ curse on all whe had eA ae

to de with murdering me,” Bi

said, “hut my mother begged me
te fergive, and | do fergive.”

Accompanying the strains ‘rom hfs
nid guitar, Lawrence sang “Beaqutiful
Isle of Somewhere,” and those gath-
ered within the death chamber howed
their heads an the condemned: man
played and sang his farewéfl—the
funeral dirge that preceded the death
march. But !t warn not a march—it

{ration of that official.

wane quick step and an active jump
that sent Bi Lawrence bounding
into the death chamber, where he
stood ameted. for a moment—per-
haps the crowd, or the smaliness of
the enclosure awed him; ‘twas nor
what he had been expecting.

The atilmess of the early morning
hour and the voice of Lawrence
sounding clearly from the death cell
which had been his home: through
many long and weary days: caused
many a quick heartbeat. That “Reau-
titul Isle of Somewhere” in a strong,
clear voice was. Bill's farewel
earth and forgiveness to all, while
im the death chamber there wae
ta shudder. BUl Lawrence was ex-
pected to “break” on the final mo-
ment—tut he didn't.

It was one of Lawrence's lant
boasts that he wage‘there to “dle like
a man,” and he dropped intd eternity
‘after a display of Sron nerve un-
equalled by any others’ of the 1exe-
euted during the administrations of
R, B. Sima as warden of the state
penitentiary, according to the decla-
All 11 have
died “like men.” but Lawrence's dla-
play of courage surpassed them all,
the warden said, becauen the -con-
demned man stood on the gallows for
‘nearly half an hour, talking and

Praying in natural tones to the larg-

(Continued ‘on Page 2)

Officers Of Steamer Which

Rammed Submarine Causing
Deaths Of 33 Go To Trial

eee - Apt seus

ni. “ruian “wat

cet

| Timothy Dreyer,
| thisd. mate’ at the pteamahip:

BOSTON Maae., Jan. 8.—(A P+
Trial of Captain John R. Diehl ond
commander ‘end
ty of
 Rame, wheu she ‘rammned':s

with.a loss of 33 lives, hegan today

th ei. local ‘board of. federal
a: ¢ ‘inspectors, . The accident,
5. ,.cecurred off Block Teland.. ne:

7 Captain Diehl faces four gharese
Of ‘inattention to duty. tm violation

of the international ‘rules for bre-

hea esd Soni

a ann |.
““fthe submarine &-51 Inet: Gepleimber,

AOARD REPORTS
LARGE SUM LOST

‘IN RECLAMATION

WASHINGTON, Jan. 3.—-While
the house heard the government's
reclamation poltcy denounced ané
defended today, Congress was told
by an Interior department investi
gating board that it should consider
$14,317,150 spent on 19 reclamation
projects an definitely lost, and $13,-
785.137 more as probably lost.

The house closed general debate
on the Interlor department appraprie
ation bill and took it up for amead-
ment, agreeing to an appropriation
of $456,000 for the Coolidge dans
across the Gila river in Arizona, and
approving without material change
items for national forests and. Ia-
diana relfef. Reclamation projects
will be considered tomorrow. {%<-<-

Representative Williamson, - Reo
publican, South Dakota aseatled the
aub-committee in charge of the ine
terlor bill for dropping the - Bells
Fourche project in South | ;
which was included in the tnyegic
gating: board's iat of definite’ and
probable’ lognes to the amount: of
$1,279,139. il ep gpa -Bilanten,
Democrat, Texas, asked -why tthe
committee had restored ag \speree
priation of -3500,000. for. the: Baker

. in - Oregon: after

oye

Ls heehee Oe eae oe a :

h timed: ne mit vat eas + sale: pith
The repart. o rectataation.” =
i pep tie ache a8
an

1914, te ;ievest
losses to nents toe eno ote) 8

ulity, Inadequate water eupply and} @

ather shveleet nascmme, TD ata oem O83 scan

v
SINGTON, Jan. t—(A. P.)—
tation of $187,083,00@ for the
stion ef more than 300 post-
uwildings in various parts of
ntry, was proposed in a bill
wy Representative Busby of
Ppl. @ Democrat, on the house
nadid ings committee, :
aeasure ia designed to super-
@,;Ellott dill, which carries
gum epnropriation of _3165,-
tor urpose, Mr. Busby
| tha ‘ly all projects pro-
wv in ow vill had the approval
yestoffice department.

i provides $360,000 for Phoe-
B, and $88,00@ for remodeling
der, Colo.

8 ‘Busby bill, the appropria-
clude the following suma: for

—Globe, $225,000; Prescott,
; Tucson, $425,000.
Solorado: Durango, §250.000;

@, $400,000; Bterling, $125,990.
ew Mexico: Las Vegas, §116.-

nl officials in Phoenix last
ere unable to state definitely
t purpose the $360,000 appro-
or Phoenix in the: Basby
intended, but it {sa surmised
‘amount is placed itn the Dill
parpose of building en addi-
the present federal building
vould more than double the
eapacity.
esent, more than two-thirds
ederal offices in Phoenix are
in rented offices outside the
dullding, there being no roogn
allding to accommodate them.
those located outnida the
are the Internal revenue’ uf
e United Btates commission-
agricultural office, the road
ft, the forest service officials
‘gration office, the United
weather bureau and several

addition to the building alsuv
wovide,-it is understood, a
ja for Arizona, There has
ch agitation during the past
2 for a federal jail in Phoe
the state. The federal gov-
now places its prisoners tn
sownty jail in the state. pay-

‘oun! tum for each pris-
tia ihe,
Ltio: would relieve the

ONgesuvun in the postoffice,
as providing adequate of-
‘the various postal officials
fy, including the accounting
mt, which does the auditing
Yhees for the entire state.
ssngestion in the federal
ie euch that an addition
mere than double the
ef the present building te
‘fiaiate aatd |

* (Continued from Page 1)
@at aseomblage ever tm witness the
‘infliction of capital punishment in the
penitentiary, ‘ ‘

Lawrence surrounded his departure
into eternity with drama unparalleled
in thecriminal history of the state. He
died denying tbat he had fired the
shot that killed Haze Burch, and de-
claring he had willingly “taken the

blame” to shield “some one else—l'm
not saying who.” . ‘

Pleads Innocence

“The state of Arizona has no more
right to hang me for killing Haze
Burch than !t-would have to hang
the President of the United States,”
he declared: “I didn’t kill Haze
Burch. But the man who did kill him
fired in self defense; he did the
only thing he could dg, the thing be
had a legal right to do.”

The drama of Lawrente’s passing
waa crowded into a enmparatively
‘brief space of time. Shortly before
B o'clock. Warden Sims conducted
73 persons Into the death house, leav-
ing nearly as many’ more outaide the
gates, who could not crowd into tha
tiny room. It was the largest num-
ber ever to witness an execution at
the penitentiary, and tha first exe-
cution from which any persons were
barred after asgembling in the hope
of being witnesses.

The thumbing of a guitar wan the
only sound to great-the spectators as
they filed into the building where the
execution was to be performad. The
notes came from Lawrence's cell, and
they continued—a lively but pleading
Spanish love air—“The Spanish Fan-
dan,o,” while the witnesses filed up
the narrow asatepx beside the con-
demned man's cell to the gallows
room, aituated on ai floor above.
Witnesses could not see Lawrence.
an the wall neparating the stairway
and cell in of sheet ateel. But the
noten were clear and they gained
tempo while spectatorg were filing
through.

The Fandango wasn part of Law-
rences farewell and prayer to life
He played with face Hfted and with
eyen closed, and continued playing
until the sound of the climbing foot-

steps into the death house had
ceased. The he stopped. and looked
toward his attorney, J. T. McNabb.

while prison guards approached. dis-
playing the straps with which Law-
rence's hands were to be fastened
behind him.

“Mac.” Lawrence said to the at-
tarney, “I'd like to sing you @ Iittle
song: but I guese there won't be
time.”

H& smiled and turned to the guards.
“All right. boys,” he said to them.

“McNabb tnterrupted. |

"We have something to say about
time.* be eaid. “1d like to Sear you
sing, Bill”

Binge Farewell

- Forgiveness *

y v

Woman in. Presen We t

“At Hanging

The first woman ever to sse an
execution at the Ariséna: state
Penitentiary at Florence’ saw Bill
Lawrence go to hig death. yester-
day for the slaying of Paticeman
Haze Burch of Phoenix. :

The woman was. Mrs. Ethel

. resident of Globe for 16
years, who attendéd the execution
accompanied by her huaband. she
hed no interest in the case, ex-
Plaining that she desired to be a
|. Witness “because of curiosity.”

“It is terrible, of course,” she
sald afterward. “But those who
feared I might ‘faint’ were. as
wrong as they possibly could be. 1
never was unsteady. However, I
don't care to see another.” ~

T am a man, ‘and that I would
die like a man.” God knows, I have
tried to prove it, and I am prov-
ing it. Amen.” .
Chaplin Hofmann, of the prison,
then took up the prayer, one that
soon was finished.

There was silence for a moment,
interrupted by. the warden.

“Is that all, Bil? he asked.

Lawrence nodded, and a black ailk
handkerchief was draped over the
condemned man's face. A guard
moved forward to place the rope
about Lawrence's neck, but Bill in-
terrupted again.

“Take the mask off for a minute.”

he requested. The request was
granted. .

, Its ind of foolish.” he continued,
“but will aomeone please wipe my
nose.” He chuckled as he made the
request. Half a dozen men moved
forward to comply. Attorney Me-
Nabb was there (lirat.:

“Thanks, Mac.” said Lawrence.

“I'd rather have - - 40 tha
anybody.” you Gof .

we a was %
asta bette
TORT Tr LL
2 AS PE Berge ears.
ai ge ee

pew ae

mi

; wat

“After my preliminary trial,
attending physician was dismissed
as a state witness and was not at
my trial in Superior court. When
we learned this at the beginning of
my trial, we asked that he be sub-.
poenaed for the defense but were
promptly informed that he was out
of the state

“Mre. Burch testified. that Mr.
Bureh told her*that we hemmed
him up between the cars and turned
the lights on him and that. could

ry

j ae:
Pia) eee)!
2% a
OM Ri

VS LP be

ie
1427

| schools, ts declared by sche
ities te be one of the mes

| directories’ of its kind eves

the state. ° ~s
- The directory is issued
Caséd, atate superintesdent
instruction and was prepaer
Alice B. Gearhart, an attrac
Case's ojsice. The direc
year departs from the as
tories issyed by the stat
ments in that it ‘asa
cover instead of the cust
cover of staté directories:

A feature of the director:
isa the listing of the chief s
officer of each state In the
the towr In which the off
as weil as the title.

The @frectory containg
of every school teacher in

. saw any part of the
shooting testified that ‘he saw Mr.
fBureb by a tree on the south side
of the street, that Mr. Butch fired-
four shots from this position, that
this was some two or three minutes
after he had heard other shots. That
the four shots were fired toward a
car parked across the street on the
north side, that he ran down to Mr.
Burch and asked if he was hurt and
that Mr. Burch told him that the
{wo men acroes the street in the
Okla car ‘got him.’ ’

“Not a single witness for the prose-
cution testified that officer Burch
was at any time nearer to me than
the width of the street. Not a sin-
gle witness testified that -he iden-
tified my picture. Compare my ap-
pearance to the picture that Mr. La-
Prade aays the officer identified.

“Mr. LaPrade says that Babe test!i-
fied among other things that I killed
Joe Morgan without provocation; the
court records show that Babe testi-
fied that John Barger killed Joe Mor-
gan.

Denied Threatening Attitude

“Mr. LaPrade told you that while
confined here I have threatened to
kill all the guards and the wardén.
Thanks to the kindness of Mr. Shue,
you were sat right -ebout that.

“No doubt you have read the court
record of my trial which prévee that
the public haa been grously misin-

The.rope was adjasted. The atgrat+iormed and’ that Mr. LaPrade has

was given. and the trap fell, send-
ing Lawrence to instant uncon-
sciousness and to death. The trap
wes sprung at 30 seconds after 5:23.
Nine miputes and &0 seconds later
he was ‘pronounced dead, and the
body, claimed by his mother and
sister, was taken in charge by Mar-
tin‘a mortuary at Florence, to be
prepared for shipment and burial in
Okmulgee, Okla. 6 ,
Lawrence's last 34 hours of -Hfe
were of litte event. He spent much
ef the day sleeping. rising about
mid-afternoon for a last farewell to
his mother and sister. Only guards

ana ROP mee wee ee ton &

made statements to you that are
without foundation with the evident
intent to deceive you aad poison your
minds agains me, Both he and Mr.-
‘Speakman have made. statements
equally untrue and. I. am unable to
disprove by court records >» there-
fore I do not quoté them bere.

“lt have told you nothing that is
‘untrue while almoat all of the most
damning statements against me: you
know to be untrue _ On the .
of this I ask that you take all
the statements from the effice of
the county attorney with a grain of

%

a

WEE AND

(Republican A. P.

DENVER, Colo. Jan. 8.=
The state Supreme court
day issued an order>stayin
ecution of Ray F. Shank,
his wife and 17-year-old s
was set for February 7,

Shank committed = the
murders on September 16.

The stay of the death
was granted following the
tion of a petition for a: néy
Shank's attorney on the.
errors occurred in Shank’
the Denver district court.
tober. “ “zie

Shank shot and killed Bis
son as they: lay asleep in
He chased. his daughters:
of the. house. but was tru
an an attack om her: by mu:

The alleged: errots ‘it ‘{
court trial, as set forth {a
tian for @ new trial: inc
selection of. the -jnry.<y
the choice of... jurora.«::t
‘evidence, ‘the » instructia!
court and “manifest™..p
pession | with ‘the “imp
flame the public™ dw
resa of the trial, “A
lower. court ~

the petition ‘of

~ Z
wend > 2
Be Pack ee

salt or ask that they produce eri-

Pleneve fo atinnnrt tha etaramane

ana Pt avne


all the digits would be even and perfect.
But this looks as though each digit had
been stamped separately. Some are
stamped very lightly and some heavily.
“TI think it’s a serial number, that a
different number is stamped on each
button or set of buttons, instead of the
same number on the whole lot.”
' The two men sat staring at each other

- as the import of Abbott’s words sank in.

“Then you think they might be able to
identify the man to whom the uniform
was issued?” McLane asked anxiously.

“I wouldn't be surprised!”

They hurried to the sheriff’s home and
after explaining his theory to Davis,
Abbott sent a wire to the Ministry of
War at Ottawa, Canada, setting forth the
circumstances and asking if the wearer
of: the uniform could be identified
through the number on the button.

Sheriff Davis was enthusiastic. “We're
on the right track now,” he told Abbott.
“It took a fellow like you, Lyle, familiar
with printing and type, to notice a thing
like that. I’m a miner and a woodsman.
I can read tracks in the outdoors, but I
never would have noticed the differences
among those little numbers on the
button.”

“POND be too optimistic,” Abbott
cautioned him. “Even if we get the
name of the original wearer of the uni-

form, we may not be any farther ad-.

vanced. Soldiers often trade uniforms, and
discharged soldiers sometimes sell them
to second-hand army and navy stores
where anyone can buy them.” —

Nevertheless, everyone, including the
cautious Abbott, felt a thrill of excite-
ment when an answering wire came from
Ottawa the next day.

The button, the wire said, was not one
of the original uniform buttons but a
special “discharge button” issued to men
who had seen service overseas when they
left the army. It could be worn on a
uniform or on civilian clothes.

ore

The nuinber was a: serial number, and
this particular button had been issued to
one Private Arthur DeSteunder, 32 years
old, on his discharge at Ottawa in Jan-
uary, 1919. He was a war hero and had
been ‘wounded in France. On joining the
army, he had given his address as a
Chicago apartment house and his nearest
relative as his wife, Mrs, Alice De-
Steunder. Discharged, he had signified
his intention of going back to Chicago.

With the trail warm again and some-
thing tangible to work on, Sheriff Davis
and his men took up the hunt with re-
newed energy.

He wired Chicago authorities asking
them to locate Mrs, 'DeSteunder,

The first) answer was disappointing,’

Mrs, DeSteunder had moved from the
apartment house only a few’ months
previously and had left no forwarding
address. She and her husband had moved
shortly after fie had rejoined her follow-
ing his release from the army. As far as
was known he ‘had not been employed
anywhere and he often wore his Canadian
uniform, Neighbors in the apartment
house had’ the impression that the De-
Steunders still were living somewhere
in Chicago.

Sheriff Davis wrote to adjoining states

. and in particular to Los Angeles for aid

in locating Mrs. DeSteunder. He thought
it likely that she had accompanied her
husband on a fatal journey from. Chicago,
and the thought was highly disturbing
under the circumstances. é

“It’s possible,” he told Undersheriff

‘Furst, “that the DeSteunders were

driving out West and picked up some
tramp on: the road who murdered De-
Steunder and kidnaped the widow, Far-
fetched, \ I'll “admit, but ' anything’s
possible. After all, Arthur DeSteunder

was murdered—that is, providing’ he’

sr passed on his uniform to someone
else.” : a

While the hunt spread throughout the
Southwest, Chicago detectives were still
pressing the search for the supposed

FIND GANG ARSENAL |

Philadelphia, Pa., police were astounded at this peculiar arsenal found in possession
of three youths who confessed a total of more than 20 holdups in the city and suburbs.

64

Five of the pistols were sawed-off cap-and-ball revolvers of ancient vintage.

ii

widow in the Midwest metropolis. One
persistent detective lieutenant learned
from a woman in the building where
the DeSteunders had formerly lived that
young Mrs, Desteunder was an inveterate
movie-goer. While living there she had
gone to the neighborhood theater two or
three times a week, __,

The lieutenant hit'on a novel plan. He
visited all the neighborhood moyie houses
in Chicago’s residential districts and en-
listed the aid of the managers in display-
ing a sign on the screen:

Mrs. Alice DeSteunder wanted at
police station. Her husband mur-
dered in Arizona.

“ Results were immediate. On the very,

first night the sign was flashed on the
screen, drawing gasps from audiences all
over town, a frail blond girl rose from her
seat in a little theater on Maxwell street,
screamed and fell into the arms of the
stranger next to her.

The manager revived her in his office
and summoned the police. The detective
lieutenant apologized for.the necessarily
shocking manner of imparting the news
to her and Mrs. DeSteunder soon re-
erines her composure and pledged her
aid,

“Arthur left for California late in Sep-

. tember,” she said, “and I’ve been worried.

I haven’t heard a word from him, and I
had a premonition that something was
wrong. I've been going to. the movies
every night to keep from worrying. for a
while,” ;

As they drove to her home the de-
tective told her what little he knew of the
Arizona murder. ,

At the modest DeSteunder apartment
the officer met Arthur’s 13-year-old
brother, and repeated the story to him.

“Try to calm yourselves,” he reassured
the tearful boy and the girl-wife. “After
all, the murdered man may not be Mr.
DeSteunder, Maybe he sold the uniform
or someone else wore it.”

,

RS. DESTEUNDER shook her
head sadly. ;

“Arthur would never have parted with
his uniform or his discharge button. I
know he’s dead. I never should have let
him go away with that evil looking man.”

Bit by bit the detective patiently drew
the story from the distraught girl. -

They had been married, she said, just
before Arthur, a Canadian by birth,
working as a-clerk in a Chicago store, had
left to join the army in 1915. When he
went away she secured a job and
managed to support herself and Arthur’s
young brother on her small wages and
her allowance from Arthur’s pay checks.
Arthur served with the 20th Infantry,
was wounded in the arm, returned to the
front after months in the hospital and
finally came home after the Armistice.

Back in Chicago he met the same un-
employment problem faced by thousands
of other ex-service men. He had a little
money left but there seemed to be no

_ jobs open.

_ Talking things over with his wife and
sister, ‘he decided to°go to California,

which at ‘that time, as now, glowed like ‘

a golden land of promise to thousands of
unemployed in the East and Midwest.
That was before ‘the day of the thumb-
wagging hitchhiker and’ DeSteunders
best bet was to contact some tourist or
other highway traveler who would be
glad to take him along if he paid his share

(i,

of the expen:
trek of 2,000-
Wearing }
posted himse
run by a i
Chicago.
It was
who was driv
welcomed hi:
“Arthur ca:
night,” the ¢
hurry. They \
was a funn
heavy-set, vi
foreigner. H ,
head.” ;
“It was fat
straight up a
lad chimed in
on his left cl
“A big purty
DeSteunder
ought to be a
that. We dic
was some for
“He seemec
and he wore
was driving <
He said he wa
some friends
could: find plc
the grape cou

“« ARTHUR
dollars t
about two hu
when he left \
He left anot
That was all
world.

“He told n
hear from h
through as
wouldn’t wri
fornia. He v
and that dark

Mrs. DeS
shuddered.

The girl-w:
to the dete
questionin
express if
possibility
killed his wull
the Canadian
body. That v
for burning, a
affluence wou

They obtaii
as they could
the strange
blaze. They \
Sheriff Davis

The Arizo:
Coroner McL
ton carefull)
wired descri|
flashed the \
of the two
was the one °
mains. The s
of the flat-he

Meanwhile
and boy hac
Chicago det:
Both express
to Arizona as
justice was d

On a defin
had hundreds
description o
tinctive desc
and of his cz
had glimpsed

He broadc:

California an

_


“Sure, I’m Nichan Martin and I passed
through Chicago on my way out here.
But I drove alone all the way and I never
heard of anyone named DeSteunder,” he
said calmly.

“Where’s your car?”

“It’s out in back. But I don't see—”

“We'll take a look at it.”

Furst’s eyes narrowed as he saw the
machine, a big Overland touring car.
Martin looked worried for the first time
when the officers began to examine the
car carefully.

“What's this dark stain on the front
floor boards?” Furst demanded.

“Why, I was out with a girl the other
night. We cuta watermelon, and the juice
spilled.” :

“I see. Mind if we take a look through
your house?”

Martin’s black brows lowered. “Yes, I
do mind,” he growled. “I haven’t com-
mitted any crime. You can’t treat me like
this. I’ve got powerful: friends !”

Furst strode grimly to the house while
Sheriff Smith held the protesting Martin
by the arm.

Among papers in Mirtin’s desk, Furst
found Arthur DeSteunder’s army dis-
charge certificate. In a closet was a
suitcase containing clothes, some war
souvenirs and a snapshot of a young man
in a Canadian uniform.

Martin insisted it was a mistake—that
someone must have planted the things in
the house where he had only been living
a few wecks. While Smith was quizzing
him in the house, Furst slipped out and
inspected the car more carefully. Cutting
away a section of the front seat’s: uphol-
stery, he found a dried brownish sub-
stance resembling blood in the cracks.
Looking under the car, he found that the
stain Martin called “watermelon. juice”
had dripped through the floor boards
onto the running gear.

CSOINS back to the house, Furst
searched more thoroughly and soon
found'a .38 revolver hidden in a closet. As
far as the Arizona officer was concerned,
this clinched the case. The circumstances
jibed at too many points to admit room
for error.

Martin reverted to sullen silence. The
governor of California granted his extra-
dition on a murder warrant, and he
started back to Prescott by train, in cus-
tody of Furst and a deputy. Another
deputy drove the death car back.

The train which carried no diner
stopped at Needles on the’ California
border to allow the travelers to eat supper
at the Harvey House.

Furst and the deputy were weary of
travel and even more weary of their
sullen, silent prisoner. Martin had spent
the entire trip huddled in his seat; sunk
in gloom. His only response to -the oc-
casional attempts of the officers to engage
him in conversation had been a turn of
his shoulder as he shrank farther within
his shell..The man seemed thoroughly
beaten and despairing, ‘

Seated in the Harvey House restau-
rant, Martin merely glowered at his plate.

Furst sighed. He could not feel much
sympathy for a murderer, but Martin’s
abject attitude was thoroughly dampen-
ing his own spirits. “Look here,” he said
persuasively. “You've got to eat. Nobody.
here knows who you are or what you've
done, and right now I don’t care. I’m
hungry. Quit acting like a child and eat.”

In answer, Martin looked around at the
other customers in.the restaurant, then

66

down at the glint of steel which showed
just beneath his carefully drawn-down
sleeves. The officers exchanged glances.
Handcuffs could make a man ashamed,
even a man like Martin. ,

Quickly estimating the distance to the
door and se stock of Martin’s de-
jected attitude, they made their decision.
Off came the handcuffs, The: prisoner
began to eat. The officers relaxed, turning
their attention to their own plates.

Suddenly the picture changed. Martin’s
powerful arms shot out sideways, catch-
ing both officers on their shoulders. Stag-
gering to regain their balance as their
lunch counter stools crashed to the floor,
they tried to draw their guns. It was too
late. Moving with incredible speed,
Martin hurtled through the door before
the guns were out. He vanished ‘into the
gathering dusk. ;

Almost sick with dismay, Undersheriff

This is one of the official invitations to the
execution of the brutal slayer of the Ca-
nadian veteran of the first World War.

Furst nevertheless managed to organize
a posse of Needles officers in record time.
The night was-spent in frantic search, but
the new ‘day dawned upon a group of
thoroughly disgruntled manhunters. The
murderous prisoner. had made good his
escape. ;

Pale but determined, Furst’ issued

orders to the.deputy. “Go on to Prescott
and make your report,” he directed, “I’m
Staying‘out here until I clean my own
slate, I’m staying if it takes a year.”
- But Furst did not really believe it would
take long to recapture Martin. He had a:
hunch, Martin knew the. grape country.
He had friends there whom he might per-
suade to hide him, The highway or the
railway tracks would be his logical route
back to safety, a safety which Furst grim-
ly resolved he would never attain,

Hiring a car, the undersheriff drove
slowly along the highway which paral-.
leled the Santa Fe tracks at some points.
Fervidly he hoped that Martin had
chosen the railroad as his escape route.

, promptly

The Santa Fe was a tough road for tramps
to use. Its detective force was good.

Soon Furst met a motorist whom he
stopped for brief questioning.

“Escaped prisoner?” the man said in
surprise, “Say, I-wonder if that could be
the guy I saw lying alongside the tracks
a few miles back?, He might have been
sleeping, but—”

Furst waited to hear no more. Jamming
the gas pedal against the floor boards, he
oer 25 miles west of Needles, peering
intently at the tracks wherever he could
see’ them. At last he found what he
wanted. Nichan Martin was lying help-
less beside the tracks, bleeding from a
bullet wound in his thigh. He refused to
tell how he had collected the disabling
wound, but Furst could guess. A railroad
detective probably had pegged him as he
attempted to steal a ride.

fh wk back to Prescott, Martin re-
tained high-priced attorneys and main-
tained his innocence. But Sheriff Davis
wove the net still tighter about him.
Learning from his deputies that a Cana-
dian war veteran had been heard talking
freely at bars, he located the man. The
veteran said that on the night of Oct. 3,
the night before the murder, he had met
Arthur DeSteunder at a lunch counter in
the town of Ash Fork, not far from. Sel-
igman, He had noted DeSteunder’s Ca-
nadian uniform and had chatted with him.
He identified Martin as a man who had
come in and gruffly told DeSteunder to
hurry, ©

"TSH EY looked daggers at each other,”
the veteran recalled. “Both of them
seemed to be on edge.”

Other witnesses identified Martin as
the man whom they had seen driving
alone to a hotel in Kingman, west of the
murder scene, on the night of Oct. 4.

Mrs, Alice DeSteunder came from
Chicago and identified Martin. She tes-
tified with other witnesses at the hard-
fought sensational trial.

Experts testified that the murder bullet
came from Martin’s gun and that the
stains in his car were blood.

Changing his original story, Martin ad-
mitted on the stand that he had picked
up DeSteunder in Chicago and driven him
‘to Arizona, but he claimed that they had
parted at Winslow, several hundred miles
east of the murder spot. DeSteunder had
left in company of a man named “Jimmy,”
he said, with whom the Canadian had de-
cided to look for work. Jimmy, of course,
failed to appear at the trial,

In spite of defense machinations, the
net of circumstantial evidence was break-
proof. Only the motive remained un-
proved, but even it could be theorized
after an examination of the principals’
characters.

Arthur DeSteunder had wanted to con-
serve his small roll of money. ' Martin
loved money; If they had disagreed on the
price the Canadian was to pay for the
trip, their relations during the long, tiring
ride must have become increasingly
strained and tense. A sharp quarrel over
money, plus the fact that DeSteunder
had cash in his pocket, could have burst
all restraints on Martin’s ugly temper.
Murder, the funeral pyre and flight were
the ensuing products of the clash.

The jury entertained no doubts about
Martin’s guilt, and rendered its verdict

. Martin’s tag was denied, and
finally, on Sept. 9, 1921, he ascended the
gallows of the state prison at Florence
and took the last, long drop.

Weyenberg
found parti
in excelsior

“Not this
firmly. “T}
celsior.”

“Well, w)

step, then:
check up on
“Tam af;
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observed.
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gesting that
He produced


first clue as to just
ground was hard and
e marks would not
$ an imaginary con-
tracks, we find that
‘ove to the right, or
body was found.”

‘t his audience fully:

\ already stated that
t through ‘his heart
or two at most; then

did run,” corrected
he man he’d shoved
d shot at him when
ad Arthur dropped.”
ised his brows.-“The
voard shot him after

face darkened. She

° was running away
| was to the right of
‘hitchurch, can you
ave been shot in his
smiled. “Theclever-
» mistakes in direc-
ople can visualize
> on the spur of the
then added, “If the
side of the car had
is position near the
would have been in

ight.”

tdy. “Now you

1 to say a while

: Mrs. Whitchurch.
snapped. “She’s the
»k down in the tim-
id she saw the gun-
here, and said if I
ap it up in a hand-
mearing the finger-
thful face became
And I never side-
‘oad! I never saw
‘ou, I saw her run-
-d me. I figured at
& was wrong, and
wis did not like me
1 never got along
didn’t stay long at

me to go for the

he sketch. “I was
ou would take the
eliver groceries to
remarked. “Lewis
vere coming from
lly take the north
You were coming
south. You’d take
ld not, then, have
country road, al-
h could have seen
ere she and Lewis
\ooting, therefore,
vn the road a few

you before you
again, south, to

orate preparation
fifteen feet be-
Sheriff Richards.
simpler, if Mrs.
iurderer, to have

it’s exactly what
e---lf appear in-
: us she was

driving the car at the time. Figure it out.
If she were driving, and Lewis was shot
from the right, then she couldn’t have

‘been the killer. Also, as she thought it

over, Lewis could not have been shot by
the gunman as he sat in the car, because
one of the bullets went through his body.
That bullet would have wounded Mrs.
Whitchurch, since she was purportedly
sitting to his left. Therefore, Lewis ha

to be shot outside. ‘

“But two things upset her almost per-
fect crime. The first was the mix-up on
the angle the non-existent bandit had
fired from. The other was a little grease
spot on the left door.” .

Reynolds paused and looked steadily
into the sharp, black eyes of Mrs. Whit-
church.

“The missing bullet—the one that
passed through Arthur’s body—was a
spent bullet, or what is known to crim-
inologists as a,‘tardy’ bullet. Its velocity
was almost lost by the time it passed
through Arthur’s body. When it struck
the door to his left—he was driving at
the time—it made a. barely discernible
dent. You knew it would be seen, so to
disguise it you made it even more notice-
able. You smeared grease into the uphol-
stery, making it look like a soiled place
such as a careless mechanic might make.

“You shoved Arthur’s body out the
minute you shot him, so the car. would
not be bloodstained. Then you put the
car in neutral and released the brake. You
were nervous. You jammed the brake on
too tightly when you reached the bottom
of the hill: At the last moment, you swung
the car around so it would face east.”

“You've got all the answers,” snarled
the woman. “Anything else?”

“Yes,” answered Reynolds calmly. “The
car being in high, where you geared it
after you stopped to make it appear it
had been running when the ‘bandits am-
bushed you, caused me to wonder. There
was a high ridge at the edge of the road,
plus a six-inch deep ditch. You couldn’t

\

have driven over such obstructions in
high. You’d had to ‘have it in low. I
imagine that’s what you intended to do—
but the proper placing confused you. So
the car being in high gear was a silent,
unspoken lie that was waiting to: trip

_ you.”

Mrs. Whitchurch's dark eyes gleamed.
Her thin lips twisted bitterly as she said,
“Yes, I killed him. I’d do it again if I had
tei”.

The woman's motive was one that is
not unknown in illicit affairs. She had
been in love with the youth and had given
him full charge of the restaurant. The new
car had been purchased just for his use
and at his request.

' However, Lewis’ insistence on courting:
other young women had been a source of

quarrels between the couple. On the day-

of the shooting, according to Mrs. Whit-
church, Lewis had firmly declared his in-
tention of taking the car that night and
calling ‘on a young woman resident of
Potosi.

“T told*him if he didn’t do me any good

he wouldn’t do any other woman any
good,” declared Mrs. Whitchurch. “We
had parked on the hill off the road. Arthur
said, ‘Damn you, I’ll kill you and throw
you out of the car and leave the country
with her!’

“T had the gun in my purse on the ledge
back of the seat. He grabbed it. We strug-
gled and the gun went off. He staggered
out of the car and fell. I knew he was
dead. I took the gun and threw it as far
down the hill into the brush as I could. I
said to myself, ‘If it wasn’t for this blamed
thing, Arthur would not be dead.’”

Mrs. Rebecca Whitchurch was tried
for the murder of Arthur Lewis in Potosi
Sept. 6, 1934, was found guilty of second
degree murder and ordered to serve 25
years in the state penitentiary.

(Editor’s note: To protect the identities of inno-
cent persons the names Sid Hardy, George Grant
and Clem Mason as used in this story are not real
but fictitious.) i

Vanished Soldier and the Desert Pyre

[Continued from pagé.29]

Now the coroner-hobbyist had his eye
on the blackened little bronze button
salvaged from the pyre of the murdered
Canadian soldier. Catching Sheriff Davis
in a leisure moment, he asked permission
to add the button to his collection.

“After all, Sheriff,” he said persuasive-
ly, “it's served its purpose. You're pretty
sure now that the victim was a Canadian
soldier and that's about as far as the
button is likely to take you. If you ever
need it again, I'll have it safe at home
for you.”

Sheriff Davis grinned and nodded and
the favor was done. Proudly, Judge Mc-
Lane took the little button home. He
scrubbed it carefully and boiled jt in
baking soda. When he was through the
button was almost as good'as new, ex-
cept for the empty grooves where the
enamelled shield had been. The latest
souvenir was ready for inspection by
guests.

One night, about ten. days after the

‘murder, Judge McLane was entertain-

ing a newspaperman at his home. The
guest, Lyle Abbott, editor of the Prescott
Journal-Miner, already had examined the
button at the sheriff’s office but now he
examined it with new interest. The

thorough ‘scrubbing and. boiling had
made a great difference. Details stood
out.

“Years from now,’ McLane was say-
ing, “when I look at that button I'll think

‘of that young fellow lying burned out

in the cedars. I’ll remember that the
murderer got away, and that he might
even be living right here in Prescott—”

“Say, Judge,” interrupted Abbott,
“what do you make of- these little
numbers on the back of the button? See
here, stamped near the rim.”

The coroner craned to look at the
numerals, 234614, ;

“Oh, yes. I’ noticed’ them after I
scrubbed it clean,” he said. “I. suppose

it’s just some number they stamp on.all.

those buttons. A patent number, or some-
thing.”

“No, I don’t think so. Look closer, and
you'll see that the numbers are printed
unevenly. All the rest of the inscription;
the lettering and so forth, is perfectly
even.”

“And what do you think that in-
dicates?”

“Why, if this same number were
printed on: all the buttons, it’d be done
with the same die as the letters, and

CORPSE

ERE is the amazing truth behind the
H incredible mystery in the house of
Dr. von Cosel!

Weird potions were brewed by this once-
famous ‘scientist in his secret laboratory—
potions with which, one day, he planned to
astonish the world. He hoped to bring the
dead to life! But what grim secret lay hidden
in the darkness of Dr. von Cosel’s mysterious
home?

The January issue of #rue brings you the
horrifying “answer to this spine-chilling
drama of a love that continued after death.
Don’t miss it!

Other equally thrilling fact stories in the
same big issue include: “mURDER ON THE
sTarrs,” the terrible death of a wayward red-
headed beauty; “sTRANGE MANNA FROM
HEAVEN,” weird phenomenon of food in-
creases in a spirit laboratory ; “I SHOVED THE
QUEER,” daring confession of counterfeit

money passer.
Buy your copy today! PUBLICATION


ietropolis. One
itenant learned
building where
nerly lived that
‘as an inveterate
z there she had
| theater two or

. novel plan. He
od moyie houses
listricts and en-
gers in display-

jer wanted at
1usband mur-

te. On the very.
flashed on the
om audiences all
irl rose from her
Maxwell street,
he arms of the

her in his office
e. The detective
- the necessarily
arting the news
‘under soon re-
ind pledged her

rnia late in Sep-
ve been worried.
from him, and I
something was
to the movies
1 worrying for a

r home the de-
le he knew of the

under apartment
ur’s 13-year-old
he story to him.
es,” he reassured
girl-wife. “After
may not be Mr.
sold the uniform

ER shook her

aave parted with
sharge button. I
- should have let
vil looking man.”
"e patiently drew
aught girl. -

ed, she said, just
adian by birth,
‘hicago store, had
a 1915. When he
red a job and
self and Arthur’s
small wages and
hur’s pay checks.
e 20th Infantry,
1, returned to the
the hospital and
the Armistice.
aet the same un-
ced by thousands
1. He had a little
seemed to be no

vith his wife and
zo to California,
now, glowed like
e to thousands of
and Midwest.
lay of the thumb-
nd DeSteunders
t some tourist or
r who would be
f he paid his share

of the expenses and helped drive on the
trek of 2,000-odd miles. :

Wearing his Canadian uniform, he
posted himself daily at a service station
run by a friend of his on the outskirts of
Chicago.

It was not long before he met a man
who was driving to Los Angeles and who
welcomed his. proposition.

“Arthur came home with the man one
night,” the girl related. “He was in a-

hurry. They were leaving right away. He

was a funny-looking man, short and
heavy-set, very dark, some sort of a
foreigner. He had a strangely-shaped
head.”

“Tt was flat in the back. His neck went
straight up and down,” the DeSteunder
lad chimed in. “And he had a purple scar
on his left cheek.”

“A big purple blaze, a birthmark,” Mrs.
DeSteunder continued eagerly. “You
ought to be able to identify him through

-that. We didn’t get his name, but it

was some foreign name.

“He seemed to have plenty of money,
and he wore two big diamond rings. He
was driving a big Overland touring-car.
He said he was going to California to help
some friends run a vineyard and that he
could: find plenty of work for Arthur in
the grape country.

“« ARTHUR agreed to give him fifty

dollars toward the expenses. He had
about two hundred dollars in his pocket
when he left with the man late that night.
He left another two, hundred with us.
That was all the money he had in the
world.

“He told me not to worry if I didn’t
hear from him. He said they'd drive
through as fast as they could and he
wouldn’t write me till he got to Cali-
fornia. He was so happy and excited,

and that dark man was grinning.”

Mrs. DeSteunder stopped. and

shuddered.

The girl-wife and the boy were taken
to the detective bureau. for further
questioning. Though the officers did not
express it, they naturally considered the
possibility that DeSteunder might have
killed his companion and dressed him in
the Canadian uniform before burning his
body. That would explain the necessity
for burhing, and the dark man’s apparent
affluence would explain the motive. °

They obtained as detailed a description
as they could, both of DeSteunder and of
the strange dark man with the purple
blaze. They wired all the information to
Sheriff Davis.

The Arizona officers worked rapidly.
Coroner McLane re-examined the skele-
ton carefully, comparing it with the
wired descriptions. In, a. few hours, he
flashed the. word back to Chicago that
of the two descriptions, DeSteunder’s
was the one which fitted the charreg re-
mains, The skull was totally unlike that
of the flat-headed stranger.

Meatiwhile convinced that the widow
and boy had told all they knew, the
Chicago detectives took them home.
Both expressed their determination to go
to Arizona as soon as possible to see that
justice was done.

On a definite trail now, Sheriff Davis
had hundreds of circulars printed with a
description’ of the swarthy man—a dis-
tinctive description, to’ say the least—

and of his car, which Alice DeSteunder

had glimpsed briefly.
He broadcast them all over Arizona,
California and Nevada, with special at-

tention to Southern California points. He
personally made a quick circuit of the
grape producing sections of Southern and
Central California, visiting’a dozen sher-
ifs and telling them the story.

“We always keep a watch on new-
comers in the foreign settlements,” the
sheriffs told him. “We'll get him. Sounds
like a Syrian or Armenian. There are a
lot of them in this grape country.”

Having done all he could, Sheriff Davis
returned to Prescott and settled down to
a waiting game.

A few suspects were picked up here
and there, questioned and exonerated.
ha suspense grew with each passing

ay. S
Then, late in November, Undersheriff
Furst received a telephone call: from .
Sheriff Court Smith of Visalia, Calif, deep
in the grape country, Sheriff Davis was
away and Furst was in charge.

“T think I’ve located your man,” Smith
told him. “I’ve found a man with a pecu-
liar flat-backed head and a purple blaze
on his face in the Armenian settlement.
at Yettem. I don’t like to make an arrest.

You know how those things go. But he
may be your man.”

“Hold everything,” Furst told him. “T’ll
be there tomorrow!” .

It was Nov. ‘21, six weeks after the
murder, when Joe Furst arrived at
Sheriff Smith’s office. Smith, displaying
the energy which was to make him
warden of Folsom and later. San Quentin
prison, hurried Furst into a car and
started for Yettem. - ‘

“This man’s name is Nichan Martin,”
Smith told him.as they drove. “He fits
the description paca He’s supposed
to have come from New York: just re-
cently and to have a lot of money.”

They found Nichan Martin. a chunky,
swarthy man with ape-like arms and huge
hands. Undersheriff Furst could hardly
suppress an exclamation when he saw
the vivid purple blaze on the man’s cheek
and the perpendicular line his neck made
with the back of his narrow black-
thatched head.

Martin was pleasant enough when the
officers explained their business, but he

shook his head to their questions.

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and as a result of that little talk with God a strange
Power came into my life. After 42 years of horri-
ble, dismal, sickening failure, everything took on a
brighter hue. It’s fascinating to talk with God,
and it can be done very easily once you learn the
secret, “And when you do—well—there will come

| into your life the. same dynamic Power which came

into mine: The. shackles ‘of defeat which bound
me for years went a-shimmering—and now—?—
well, I own control. of the largest daily’ newspaper
in our County, I own the largest office building in
our City, I drive a beautiful Cadillac limousine.
I own my own home which has a lovely pipe-organ
in/it, and my family are abundantly provided for
after I’m gone. And all this has been made possible
because one day, ten years ago, I actually and
literally talked with God.
You, too, may experience that strange mystical
Power which comes from talking with God, and
. when you do, if there is poverty, unrest, unhappi-

\ Talked with God”

(Yes, I Did—Actually and Literally)

ness, or ill-health in your life, well-—this same
God-Power is able to do for you what it did for me.
No matter how useless or helpless your life seems
to be—all this can be changed. For this is not a
human Power I’m talking about—it’s a God-Power.
And there can be no limitations to the God-Power,
can there? Of course not. You probably would
like to know how you, too, may talk with God, so
that this same Power which brought me these good
things might come into your life, too. Well—just
write a letter or a _post-card to Dr. Frank B.
Robinson, Dept.-317, Moscow, Idaho, and full par-
ticulars of this strange Teaching will be sent to you
free of charge. But write now—while you are in
the mood. It only costs one cent to find out, and
this might easily be the most profitable one cent you
have ever spent. It may sound unbelievable—but
it’s true, or I wouldn’t tell you it was.—Advt.

Copyright, 1939, Frank B. Robinson.

65

Friday, July 7, 1995 The Arizona Republic

6 days from execution, murderer gets stay

High court to determine if killer sh

By Pamela Manson
The Arizona Republic

Less than six days before he was scheduled to die

_ by lethal injection, murderer Luis Morine Mata on

Thursday was given at least another year to live.

In a 4-] tuling, the Arizona Supreme Court
issued a Stay of execution, Saying it needs to
determine whether Mata received adequate legal
representation at his sentencing.

It also wants to determine whether Mata should

ould be resentenced _ tulines in tne case

“Even if they were not, I believe that the
be resentenced, based on a 1983 narrowing of the affidavits filed in connection with the motion are

definition of whether a crime is especially crue], ‘sufficiently credible to warr

ant belief,” Martone
ad d d wrote. “I also find that even if they were believable,
«mous or deprave 7 . the outcome would not be different.”
However, the high court ruled that claims of

; Both the prosecution and defense were directed
newly discovered evidence that purportedly shows 5, file briefs on the issues. The high court has
Mata is innocent were not enough to stop the scheduled oral arguments for Oct. 11 in Tucson,
execution.

Where it will be meeting at the University of
Justice Frederick Martone dissented, Saying the Arizona College of Law.
defenge ‘motion for a stay should have been denied

because all claims by Mata were precluded by prior — See STAY, page A17

: B14

The Arizona Republic

Saturday, November 28. 1992

Killer loses appeal in 1977 slaying of woman

The Associated Press

SAN FRANCISCO — A federal
appeals court Friday -Tejected a
renewed appeal by an. Arizona man
sentenced to die for a 1977 murder

. near Phoenix.

+

t

In a 2-1 decision, the 9th U.S.

| Circuit Court of Appeals refused to

reconsider its July 1991 ruling against

: Luis Morine Mata and refused to

‘order a hearing on new defense
_ arguments over Mata’s sentencing and

_ the performance of his trial lawyer.

Mata’s current lawyers can seek to

, Taise those arguments in a new appeal

in U.S. District Court in Arizona. But
because of Friday’s action, the argu-
ments can be dismissed without

further review if a judge concludes
they could have been made at an
earlier stage of the case.

Mata and his brother, Alonzo, were
convicted of first-degree murder in the
March 1977 slaying of a 21-year-old
woman whose body was found at the
side of a road in west Phoenix.

The woman, who had been at a bar
with the brothers and a friend, was
beaten and raped by both brothers,
and then stabbed by Luis Mata,
according to court records. Both
brothers’ death sentences were over-
tumed on appeal, but Luis was again
Sentenced to death after a new
hearing, while Alonzo got life impris-
onment. -

Luis Mata’s federal appeal was’
denied by U.S. District Judge Robert
Broomfield, then held by the 9th
Circuit for three years, until the U.S.
Supreme Court ruled last year that

Arizona's death-penalty law was con-

stitutional.

The July 1991 decision focused on
the brothers’ confessions. The court
said Alonzo Mata admitted his
involvement and told officers his
brother had done the stabbing. Luis
then admitted he had cut the victim’s
throat, the court said.

In 1987, after the trial, the U.S.
Supreme Court ruled that the confes-
sion of one defendant who incrimi-
nates a co-defendant and then refuses

to testify cannot be used as evidence
in the second defendant's trial.

Luis Mata argued that the ruling
made his brother’s confession inad-
missible against him. The state con-
tended that the ruling did not cover
appeals from earlier trials. But the
appeals court said the ruling did not
help Luis Mata because his own
confession and testimony by other
witnesses would have convicted him.

In Friday’s decision, the court
refused to return the case to Broom-
field for a hearing on new claims
offered in Luis Mata’s behalf by the
Arizona Capital Representaticn Proj-
ect, which said his rights were
violated -by his absence from his

brother’s sentencing hearing, and thai
his lawyer failed to present available
evidence against a death sentence.

The opinion by Judges Alfred
Goodwin and Herbert Choy said
those claims were not part of the
appeal that Luis Mata Originally filed
and could not be considered.

Judge William Norris dissented,
Saying the court should allow Mata to
expand his appeal to include the neu
claims rather than making him file a
new federal appeal. His second appeal
would be covered by a 199] Supreme
Court ruling that most state prisoners
must raise all constitutional issues at
the first federal appeal or forfeit them.

About a half-hour later, the
brothers returned. They later told
police that they drove to west Phoenix
and pushed Lopez out of the car,
where Luis cut: her throat.

The slashing nearly severed her

head. Medical testimony at the trial
said Lopez also had been stabbed.
». Luis later said he concocted the
story of slashing Lopez’s throat to
protect Alonzo, who then was 18 to
Luis’ 25. ~ *
‘Several psychologists who have
examined Luis and studied his back-
ground believe that he couldn’t have
given a valid confession or helped
defend himself at trial because of his
mental condition. His IQ never has
tested higher than 80. A score of 100
is considered average, and about 70
and below is considered mentally
deficient.
: But that was not an issue in the late
1970s. Both brothers were convicted
of first-degree murder and sentenced
to die by Judge Stanley Goodfarb of
Maricopa County Superior Court.» _
‘A year later, because of changes in
Arizona’s death-penalty law, they
were ordered resentenced. Luis got
death again, but Alonzo was sen-
tenced to life based on mitigating
factors, including his age at the time
of the murder.

:!' Now Alonzo says he was the killer.
‘\ In an affidavit in December,
Alonzo said’ he and Luis were

drinking heavily and using heroin the
night of the murder. Alonzo says he,
not Luis, raped Lopez at their
apartment.

Alonzo said he decided to get
Lopez away from the apartment and
persuaded Luis to come along.

They stopped along a road, Alonzo
said, and he grabbed a knife.

“Luis stayed in the car and did not
see me. take the knife,’ Alonzo said.
“After I dragged Debbie out of the
car, I cut her throat. She was
unconscious at the time. I was so
messed up on drugs and alcohol and
so stupid, I did not know what I was
doing, although I know that does not
excuse the awful thing I did.”

Prosecutors scoff at the confession.
They say Alonzo, now protected
against the death penalty because of
double jeopardy, is just trying to help
his brother.

Birth considered bad luck

Luis’ birth in Mexico on July 10,
1951, was considered bad luck by his
superstitious family. He had an
abnormally large head, which a doctor
believed was damaged during birth.

That same month, the family was
thrown off its farm and later moved to
the United States to be migrant farm
workers. Poverty and hard work
marked the lives of the Matas, who
frequently had little to eat. At one
point, Luis stood 5 feet 4 inches but
weighed just 55 pounds.

The Matas also were exposed to
pesticides as they harvested: crops,
sometimes tasting grapes that had just
been sprayed. In addition, they mixed
pesticides into their cornmeal to kill
worms before making tortillas.

The hard life was compounded by a
violent father with a drinking prob-
lem, several of the Mata siblings say.
Luis was a favorite target. —

At Alonzo’s sentencing hearing, the
family talked favorably about the
younger brother and emphasized the
bad things about Luis. Luis went
along because of his strong cultural
conditioning to stick with family, his
lawyers say.

Michael Donovan, a former assis-
tant Maricopa County attorney who
prosecuted the Matas, said in an

_ affidavit in February that he’s

shocked that important evidence on
Luis’ background wasn’t presented at
the sentencing hearing.

“Had I known this information, I
would not have requested or pursued
a death sentence for Luis Mata,” he
said in the affidavit.

At the time of Luis’ conviction,
there were only two sentencing
options for first-degree murder: death,
or life without possibility of parole for
25 years. Because the law now allows
a sentence of life without the possibil-
ity of parole, Donovan Says, that is
the appropriate punishment.

Roberts, the assistant attorney
general battling Mata’s appeals, says
Donovan’s opinion is immaterial in
1995,

“The path that Luis Mata chose on
March 11, 1977, when he decided to
murder Debra Lopez to keep her from
going to the police, has wound down
to its conclusion,” he said in papers
filed Wednesday with the state Su-
preme Court.

“Our father used to beat up Luis
much more than any of the other
children,” Celia Mata Rivas, the
oldest of the 16 siblings, said in a 1993
affidavit. “I think that because of all
the hardships we suffered, my father
took it out on Luis.”

When Luis was 6, he fell off an ice
wagon in Texas, fracturing his skull.
His family couldn’t afford medical
care, so they just bandaged his head,
which was so swollen that his brothers
could push their fingers into it up to
the first knuckle, .

Family members say Luis began
acting strangely in the years after the
accident. He shaved his head, talked
about seeing men from outer space
and carried on conversations with
himself.

Luis also began drinking and later
turned to illegal drugs, including
heroin.

This information never was used to
ask for a life sentence, Luis’ current
lawyers argue. They say the trial
attorney failed to investigate Luis’
background or present favorable evi-
dence at either sentencing.

But Alonzo got a new attorney

“before his resentencing in 1978 who

presented testimony from Mata family

_ members in support of a life sentence.

Luis’ attorneys say that family
members believed they could save
only one brother and that they chose

_Alonzo.

The Arizona Dailn Star”

Tucson, Sunday, November 29,-1992

Arizonan’s dea

By Bob Egelko
Associated Press Writer

SAN FRANCISCO — A federal appeals court ~

last week rejected a renewed appeal by an Ari-

| zona man sentenced to die for a 1977 murder |

near Phoenix.

In a 2-1 decision, the 9th U.S. Circuit Court of
Appeals refused on Friday to reconsider its July
1991 ruling against Luis Morine Mata and also
refused to order a hearing on ‘new defense argu-
ments over Mata’s sentencing and the perform-
ance of his trial lawyer.

Mata’s current lawyers can seek to raise
those arguments in a new appeal in U.S. District
Court in Arizona. But because of Friday’s action,
the arguments can be dismissed without further
review if a judge concludes they could have been
made at an earlier stage of the case.

Mata.and his brother, Alonzo, were convicted
on first-degree murder charges in the March 1977
slaying of a 21-year-old woman whose body was
found at the side of a road in west Phoenix.

The woman, who had been at a bar with the
brothers and another friend, was beaten and

raped by both brothers, and then stabbed by Luis |

Mata, according to court records:

Both brothers’ death sentences were over-
turned on appeal. Luis was again sentenced to
-| death after a new hearing, while Alonzo got a life
sentence.

Mata and his brother, Alonzo,
were convicted on first-degree
murder charges in the March 1977
slaying of a 21-year-old woman
whose body was found at the side of
a road in west Phoenix.

Luis Mata’s federal appeal was denied by U.S.
District Judge Robert Broomfield, then held by
the 9th Circuit for three years, until the U.S.
Supreme Court ruled last year that Arizona’s
death penalty law was constitutional.

_ The July 1991 decision focused on the broth-

ers’ confessions. The court said Alonzo Mata ad- .

mitted his involvement and told officers his
brother had done the stabbing. Luis then admitted
he had cut the victim’s throat, the court said. Nei-
ther brother testified at their trial.

In 1987, after the Mata trial, the U.S. Supreme -

Court ruled that the confession of one defendant
who incriminates a co-defendant and then refuses
to testify cannot be used as evidence in the second

.defendant’s trial.

Luis Mata argued that the ruling made his
brother’s confession inadmissible against him; the
state contended the ruling did not cover appeals
from earlier trials. But the appeals court said the

th sentence appeal is denied

ruling did not help Luis because his own con-
fession, and testimony by other witnesses, would.
have convicted him even without his brother's
statement. ,

In Friday’s decision, the court refused to re-
turn’ the case to Broomfield for a hearing on new
claims offered on Mata’s behalf by the Arizona
Capital Representation Project: that his rights
were violated by his absence from his brother’s
sentencing hearing, and that his lawyer failed to
develop and present to the trial judge available
evidence against a death sentence.

The opinion by Judges Alfred Goodwin and
Herbert Choy said those claims were not part of
the appeal Mata originally filed before Broom-

field and could not be considered during any stage

of that appeal. ‘

Judge William Norris dissented, saying the
court should allow Mata to expand his appeal to
include the new claims, rather than making him
file a new federal appeal. His second appeal
would be covered by a 1991 Supreme Court ruling
— that a state prisoner, in most cases, must raise
all constitutional issues during the first federal
appeal or forfeit them.

The appeals court also said no judge had
voted to refer the case to an 11-member panel for
recensideration. That leaves Mata with only an
appeal to the Supreme Court in his current case.

Lawyers in the case could not be reached for
comment. : ae

The Arizona Baily Star

Tucson, Sunday, November 29, 1992

$26 a

_. In addition, the district court's analysis incorporated several ev-

identiary factors that were irrelevant as a matter of law to the ques-

failed to resolve: ambiguities in favor of arbitration. Therefore, Nic-

aragua's motion to compel arbitration was granted, and the case re-

manded to determine the appropriate arbitral agency.
The court. also reversed the district court's t of summary

the parties’ intent. On the issue of agency, the court also reversed

and entifications. 33003000 ete y As ees
Ferguson, Sr., J.; Schroeder, Brunetti, JJ:, concurring..

Constitutional Law

CONTRACTUALAGREEMENT REGULATING USE OF
PROPERTY OWNER’S LAND NOTA “TAKING”

Leroy Land Development-v. The Tahoe
Regional Planning Agency.
9th Cir.; July 9; 1991 "Full text! Pg. 5304

Reversing :a district ‘court judgment, the ‘court of appeals. held
that .a ‘contractual reement between a plannin agency and a
property owner restricting the use of his land could not result in a
__ Appellant The Tahoe Regional Planning Agency (TRPA) ca:
tered into a contractual agreement with Leroy Land Development
restricting ‘thé ‘developmient of its condominium project. The con-

tractual agreement provided that the district court would retain ju-
risdiction for- purposes of enforcement. and interpretation of the
agreement. Five years later in Nollan v. California Coastal Com-
mission; the Supreme Court Stated that a land-use regulation would
not constitute.a taking’so long as it substantially advanced legiti-
mate state interests and did not deny the property owner economi-
cally ‘viable use of the property. Leroy then filed a proceeding to
abate the mitigation conditions of the agreement. Leroy argued that
it.need not comply. with the off-site mitigation measures because
they constituted.an unconstitutional taking under Nollan. The dis-
trict court agreed, entering judgment for Leroy Land Development.
; The.mitigation provisions at issue here were a negotiated condi-
tion:of Leroy’s settlement agreement with TRPA in which benefits
and obligations were incurred by both parties. Such’ a contractual
Promise. that operates to restrict a property owner’s use of land
could not result-.in a “taking” because the promise was entered into
voluntarily, :in good faith and was supported by consideration. The
Court disagreed that by agreeing to the continued jurisdiction of the
district court over the settlement agreement, the parties also agreed
that: this kindof ex post facto challenge could be mounted. The
agreement stated that the district court retained jurisdiction for the
Purpose of enforcing and interpreting the agreement. Enforcement
Provisions do not permit a party to renounce a Settlement agree-
meant based on subsequent changes in the law. But even if the pro-
visions of | this particular agreement could be interpreted as
authorizing this belated challenge, the court would not agree that
they ‘constituted, an impermissible taking under Nollan. Here, the

’

CALIFORNIA.

relationship between the mitigation provisions and TRPA’s-regula-
tions was quite clear. The measures adopted would ameliorate ero-
sion, destabilization and other: adverse environmental effects
caused by Leroy’s development and thus directly furthered the gov-
ernmental interest underlying the application of the relevant TRPA
regulations to Leroy’s development. —

Schroeder, J.; Farris, J., Dumbauld, Sr.D.J., Sitting by designa-
tion, concurring.

Constitutional Law

RIGHT TO FAIR TRIAL NOT VIOLATED BY USE OF

NONTESTIFYING CODEFENDANT’S CONFESSION

AGAINST DEFENDANT:AT JOINT TRIAL ~ ,
eater] Ba j 45

. Mata v. Ricketts
9th Cir.; July 1,.1991 Full text: Pg. 5307

Affirming a district court judgment denying a petition for habe-

as relief, the court of appeals held, under prior law, that appellant's

sixth amendment right to a fair trial was not violated when the con-

fession of a. nontestifying codefendant ‘was used against him at a

joint state trial absent evidence that the incriminating confession
was not harmless beyond a reasonable doubt. - ; "

- Appellant Luis Mata and his brother were convicted in state
court of capital murder. Both their confessions to the crime were
used at their joint trial because one of them refused to testify. The
sought.confession placed the weapon in the hands of the Luis. Luis
also declined to testify. After conviction and exhaustion of state ad-
ministrative remedies, Luis raised the.question of the admissibility

against him of his brother's confession; that under the rule of Cruz.
v.: New ‘York,:he was entitled to a new trial, The district court re--

fused toapply that case'rettoactively and denied habeas relief. Con-
ceding that Cruz now. bars the use'of a nontestifying codefendant'’s
Confession to incriminate the‘defendant in future trials, the state ar-.
_gued that good reasons counseled against employing that case to re-
open old cases, particularly :those in which the ‘codefendant’s
incriminating confession added little or nothing to the state’s over-
w ; evidence of the guilt of the defendant-The court did not
need to discuss the applications of Teague v. Lane, to the state's ar-
gument ‘that the codefendant’s confession told the jury nothing it
did not'already know; that the evidence. was harmless beyond a rea-
sonable doubt; that the evidence was lawfully received at trial; and
that new ‘constitutional rules’ of criminal procedure generally
should not' be applied retroactively to cases on collateral review.
Any error in using the codefendant'’s corifession against Luis was

harmless beyond a reasonable'doubt. Luis would have been con-

crac A his own confession plus the abundant corroboration evi- ”

dence of others. The confession seconded Luis’ confession and was
cumulative evidence with reference to the material facts of the mur-
der. Use of that confession did not offend the sixth amendment or
infect the fact finding process. Luis’ challenge to the voluntariness
of his-‘confession: presented no grounds to overturn the district
court's careful review of the state court record and the findings at
every level that his confession was voluntary. A number of other
constitutional arguments did not warrant reversal either. Luis’ com-
plaint that his defense counsel did not adequately defend him pre-
sented no factual basis for overturning the district court decision.
Other evidentiary rulings did not raise federal constitutional ques-
tions,

Per Curiam; Choy, Sr.J., Goodwin, Norris, JJ.


Serr ma

MATA v. RICKETTS 401
Cite as 981 F.2d 397 (9th Cir. 1992)

Id. 461 U.S. at 509-11, 108 S.Ct. at 1980-81.
There is no doubt that petitioner would
have been convicted by his own confession
plus the abundant corroboration of George
Castro, Antonio Sanez, and Arnold Chance.

The confession of Alonzo merely second-
ed the confession of Luis and was cumula-
tive evidence with reference to the material
facts of the murder. The use of Alonzo’s
confession in the joint trial did not then
offend the Sixth Amendment and did not
infect the fact finding process.

At most, a speculative argument might
be advanced to the effect that the trial
judge at the time of the resentencing of
Luis could have been slightly less inclined
to sentence him to death if the only evi-
dence placing the knife in Luis’s hand had
been his own confession. However, his
confession was clear and unequivocal.

Luis’ challenge to the yoluntariness of
his confession presents no grounds to over-
turn the district ‘court’s careful review of
- the state court record and the findings at
' every level’ ‘that’ his: confession was volun-

tary.

Luis argues that the ‘arise courts com-
mitted various errors with regard to sen-
tencing. He: argues. that: in:

case, the Arizona courts hm f aD un-
F constitutionally’ vague narrowing construc-
| Luis’ claim has‘ been foreclosed by

Walton v. Arizona, 497 U.S, 689, 110 S.Ct.
; 8047, 111 L.Ed.2d 511 (1990) and Rich-
' mond v. Lewis, 948 F.2d 1473 (9th Cir.

1991).
; Luis also argues that the Arizona courts
. failed :

doubt. Upon conducting an independent
review of his sentencing, the Arizona Su-
preme Court concluded that “the trial court
was correct in finding the presence of two
aggravating circumstances.” State v.
Mata, 125 Ariz. 288, 242, 609 P.2d 48, 57
(1980). We interpret this conclusion to
mean that the Arizona court found the
aggravating circumstances beyond a rea-
sonable doubt. Clark v. Ricketts, 942 F.2d
567, 575-76 (9th Cir.1991).

Luis’ fina] sentencing claim concerns the
trial court’s treatment of the mitigating
circumstances in his case. Upon reviewing
the record, we conclude that the trial court
considered all of Luis’ mitigating evidence
and found the evidence not substantial
enough to warrant leniency.’ We will not
disturb that finding.?

Likewise, Luis’ complaints that his dé-
fense counsel did not adequately defend
him presents no factual basis for overturn-
ing the decision of the district court, His
complaints about various evidentiary rul-
ings do not raise federal constitutional
questions. * Tee

Nec

would have to meet the procedural hurdles of
ee U.S. ——, 111 S.Ct. 1454,

13 L.Ed.2d 517 (1991) in a subsequent petition
sshnaciliohads Mechetgiatie tomate ees
filed hig original ;petition. ; This, argument ‘is
without merit. We have previously beld that
McClesky applies Speraergy Harris v. Vas-

1

quez, 943 F.2d 930, 945-46 (9th Cir.1990), and
there is no reason to treat Mata’s new clairhs


DAILY.OPINION SERVICE .

Cite as 91 C.D.0.S. 5307

LUIS MATA, Petitioner-Appellant,
V. "

JAMES G. RICKETTS, Attorney General of the
State of Arizona; SAMUEL LEWIS, Director

ASPC-F; JOHN AVENENTL, DEPUTY’
WARDEN, ASU, Respondents-A ppellées,

Appeal from the United States District Court for the District of Ar-
izona, Robert 'C. Broomfield, District Judge, Presiding, :

PER CURIAM:

Luis Morine Mata appeals the denial of his petition for a writ of
habeas corpus following ‘his conviction and exhaustion of state’
remedies in this-capital murder case from Arizona. See State y,
Mata, 125 Ariz. 233, 609 P2d 48, cert. denied, 449-U.S. 938

During the trial, Mata’s brother, Alonzo, was Luis" codefendant’

Both exercised their constitutional right not to testify: Alonzo and

this appeal. While Luis apparently never taised in earlier proreed:
ings the question of the admissibility against him of his brother's

1. Submission of this appeal has been deferred pen i the decision on the con-

Stitutionality of the Arizona death penalty, by another of this court. See Adam-
son v. Ricketts, 865 F.2d 1011 (9th Cir 1988)(en ), Cert. denied, Lewis v,-
Adamson, 110 S. Ct. 3287 (1990). This case was resubmitted 1, 1991, when

Peart be commana he Femaining questions sill pending ts Adaizocasas ne
Pear to be controlling in this case.

2. {HAROLD

use any error in using the codefendant's Conf

ca
i oy a reasonable doubt. Harrington v. Cal
(1

Since Chapman, [386 U.S. 18 (1967)] the

Court has con-

sistently made clear that it is the dut of a reviewing court
to consider the trial record as a who and to ignore errors
that are harmless, including most Constitutional viola-

tions.

The question a reviewing court must ask is this: absent
[the allegedly improper evidence] is.it clear beyond a rea-
sonable we that the jury would have retumed a verdict

of guilty

Id, at 509-11. There is no doubt that petitioner would have been

At most, a speculative argument might be advanced to the effect
that the trial judge at the time of the resentencing of Luis could have

been slightly less inclined to sentence him to death if th,
dence placing the knife in Luis’ hand had been his

¢ only evi-

been definitively answered adversely by the Supreme Court in Wal-

ton v, Arizona, — U.S. —, 110 S. Cy 3047 (1990).
- Likewise, iuly Complaints that his defense co;

a

arious eviden-
estions.

ewe? i . ;
Cite as 91 C.D.0.S. 5307

RALPH ANDREWS PRODUCTION
RALPH ANDREWS PRESENTATIONS,

ta

WRITERS GUILD OF AMERICA, WES
HAROLD GAST PRODUCTION
GAST, individually, Defendants-

FN ew

Appellees, *
No. 90-55403

Before: BEEZER, HALL and TROTT, Circuit Judges

Counsel: Neil C. Erickson, Jeffer,

S, INC; and

Mangels, Butler and Marmaro,

Los Angeles, California, for plaintiffs-appellants. Lucinda Bendat,

. , ARIZONA REPUBLICAN. February 7, 1925. Page 1.

: BURCH SLAYERS RUSHED TO PRISON. BANDITS SURPRISED ON TEMPE BUTTE SURRENDER
TO MCDONALD. LAWRENCE BROTHERS SPIRITED TO FLORENCE TO AVOID MOB VIOLENCE.

Foaring mob violence threatened after the arrest at 1 ‘o'clock yesterday
afternoon of A.B. "Babe" Lawrence and Will Lawrence, his brother, alleged
slayers of Ilaze Burch, local officers last night spirited the brothers out

of town and started the prisoners for the county jail at Globe. The prisoners,
after a lengthy inquisition in the office of County Attorney Lalrade in the
Ellis Building, were taken from his offices shortly before 7 P.M. Each of the
men was handcuffed to an officer and they were taken from the city in differ-
ent machines. Learning, however, that a large number of cars were parked along
the highway east of Mesa, and that the inclination of those in wait was danger=
ous, the officers altered their plans at the last minute and whisked the priso-
ners to the state penitentiary at Florence. |

Pursuit by members of the mob, which had been gathering during the after-
noon, caused Chief Deputy Sheriff Tom Marks, to follow a winding trail out of
Phoenix. Babe Lawrence, the younger of the two brothers was in the car with
Deputy Marks. The prisoner was shackled to City Detective Fred Weage. Other
officers in this machine were deputy sheriff Ernie Smith and lloward C. leterson
City Marshal of Mesa. This machine reached Florence at 10:45 P.M., and the
second car, delayed somewhat in eluding pursuit, arrived shortly before mid-
night. ;

In the second car were Will Lawrence, City Detective R.A. Graham, handcuffed |
to the prisoner, Deputy Sheriffs Wilson and Wright, and ugh Dagys, driver of
the michine. Deputy Marks phoned to the sheriff's office in Phoenix immediately
after the nrrival of the prisoners at the penitentiary. When the questioning
of the prisoners at the county attorney's office had been completed yesterday
evening, the prisoners were hurried through an immense crowd which had assem—
bled in front of the Hllis building at Second Ave. and Monroe Street, and
into high powered machines waiting at the ‘curb. Following a circuitous “route,
the machines finally proceeded east on Mclowell Road to 16th Street; then north
to the Indian School Road, and again east, past Scottsdale to the Pima Indian
village and Evergreen. The leading car, in charge of Deputy Marks, then doubled
back, ccossed the Tempe bridge, went through Gilbert, and followed the old road
to Florence. Near Evergreen the officer's machine encountered a car parked
along the highway and containing about six young men. The officers stopped and
ordered the occupants of’this car to return over the road which they had just
traveled, Discovered in a slight depression high on the side of the Tempe
Butte, nine miles east of Phoenix, A°B. "Babe" Lawrence and Will Lawrence, his
brother, Oklahoma outlaws anid alleged slayers of two officers, were arrested
at 1 o'clock yesterday afternoon hy Ralph lL. McDonald, city marshal of Tempe.
McDonald was assisted by Cruz lkeyes, Mexican resident of Tempe, who notified
the marshal after he had watched the fugitives climb the precipitous sides of
the butte. Contrary to the expectations expressed by officers during the 36
hour manhunt, the slayers were captured without bloodshed. Strategy employed
“by Marshal HeDonald was nlone responsible for this, however, as both outlaws
reached for their guns vhen they became aware of their pursuers approach.
Unshaven and dirty, with their clothing showing the effects of two nights spent
in open fields and along the river bottoms, tie fugitives, for whom practically
every city an county officer has been searching relentlessly since Officer
Burch was fatally shot Wednesday night, reached for the sky when they found
themselves looking down the barrel of Marshal McDonald's Winchester rifle,

Handcuffs placed on the wrist of "Babe" Lawrence by Officer Burch Wednes-
dav night just before Burch was mortally wounded by the outlaw brother, were
‘found in the hip pocket of one of the brothers yesterday. The cuffs had been
unlocked with a key in the outlaws possession fitting a similar pair of cuffs


discovered among effects found in the car abandoned by the brothers after the
shooting. Notified by Reyes, proprietor of a Tempe pool hall, that two men
answering the description of the fugitives had climbed the butte, Marshal
McDonald, armed with a 30-30 Winchester rifle, ascended the steep mountain
with Reyes. Both desperadoes were armed and each reached for his gun when. the
pair became aware of the officer's approach. McDonald had them covered however
and commanded both men to surrender. The fact that the arrest was accomplished
without at lenst an exchange of shots came as a surprise to officers ind civ—-
ilinans who had joined in the search for the slayers.  ltushed to the county
jail in Phoenix immediately after their arrest, the half-bveed Indian outlaws
for whom rewards totalling $2,000 had been posted, were Laken to the office of
county attorney Arthur T. Lalrade for questioning and preparations were nade t
remove them to the state penitentiary at Florence for safe-keeping. Possibilit,
of mob violence had been rumored when news of the capture first reached Phoeni
and the trip to Florence was planned to avert a possible lynching.
1 did not believe, Marsha] Mcllonald said yesterday. after the arrest, that

the men shown me by Keyes and whom 1 could see from the window of my home,
were the Lawrence brothers until we got close enough to see thom plainly.
"Taking a roundabout course, we approached the men from the rear, and were
within 50 yards of them before they saw us. Both reached for their guns, but
l had them covered with a rifle and ordered them to throw up their hands.
Both men complied with this request. 1 searched them hurriedly before we star
ed down the hill and found one Colts .45 revolver on the shorter of the men.
He also carried a Winchester wrapped in a short coat. The other brother wore a
belt and holster, but the holster was empty. I failed to find a sun on this
man 1t the time, but a later search at the sheriff's office in Phoenix disclos
a Colts “45 hidden inside his trousers. He had planted the gun thereno doubt,
for the purpose of allaying suspicion by the empty holster.

The handcuffs used by Officer Burch Wednesday night I found in the hip
pocket of the younger brother. These cuffs were later identified in Phoenix
by Chief of Police Brisbois, who had given them to Surch about, two weeks ago.
Pate played the decisive card against the slayers according to the story of
events leadin: to the capture as told by Reyes_to the Arizona Republican last
night. Less than ten minutes after he'd been told that men believed to be the
slayer suspects had been seen in Tempe the night before, he saw the men ¥ho la
er were criptured emerging from a closed gin near his place of business. keyes
is proprietor of a pool hall at Third and Mill Streets, and the gin is direct]
west of the hall. Shortly after noon, P.N. Estrada, Superior Court interpreter
had discussed the murder with Reyes, repeating to him the description of the —
suspects. It was the first time Reyes had heard the description, as he neither
speaks or reads English. Estrada then departed, and Reyes continued a conversa
tion with another Mexican as they stood on the corner outside the pool hall.
The other Mexican, Reyes related, told of having seen two men fitting the
description in a Tempe store the night before. As they talked, Reyes related,
he saw two men, one with a small sandy moustache, emerge from the gin. They
carried a long, narrow object wrapped in a mackinaw, he said. "I1t looked like
a gun to me," Reyes declared. In the fact that Reyes saw the men, officers
again see the hand of fortune in its play against the slayers. llad Reyes heen
standine in nny other spot in front of his place of business, he could not hav
seen anyone emerge from the gin. As the men left the gin, Reyes story contine
they ducked almost immediately.behind brush, he said. Their actions, the
elongated bundle they had carried and the warning of Kistrada, still fresh in
his mind, caused him to follow, Reyes said. The men, he related, kept behind
brush as much as they could as they made a circuitous tour which carried them
into the Salt River bottoms. From there they went to the Tempe butte and climi
it, finally sitting down just above the Tempe Normal "N" which has been laid i
white near the crest. Reyes related that he went immediately to istrada's
house and by him was directed to Marshal McDonald. The constable could see the
suspects sitting on the Butte. Taking a rifle and arming Reyes with a pistol,

they made the roundabout swing up the side until the salyers were captured,


vat

mal

~ «Reyes covering them with tis pistol while McDonald handcuffed them. Reves,

‘although not a citizen of the United States, sai! he had resided in this
‘country for 13 years, spending the entire time in Tempe. He came here from
Mexico. Advised of the capture within a few minutes after it occurred, Chicf
Deputy Sheriff Tom Marks rushed a carlond of deputies out the Tempe rod to

“meet the incoming car bearing the prisoners. News of the arrest leaked out

and before the prisoners arrived in Vhoenix, a large crowd of curious citizens
assembled at the court house, nearly filling the jail yard. Feeling ran high
and as the crowd increased and surge | up the steps of the sheriff's office,
Marks decided to transfer the prisoners to llorence. LaPrade ordered them re-
moved to his office for questioning first. With their hands cuffed together
and their legs chained, the outlaws, at about 4 o'clock were hurried from the
county jail, through the court house hall, and into cars waiting on Washington
Street. Sy a circuitous route the men, heavily guarded by deputies and’city de-
tectives were taken to the County attorney's office in the Hllis building where
they were questioned for about two hours.

Threats of mob violence, whispered among the crowd at the county jail, took
more definite form when it was learned that the Lawrence brothers were in the
Kllis building and soon hundreds of persons gathered on Second \ve. in front of
the building and in the alley at the rear. ‘The final move in the transfer of
the prisoners was not made until 6 o'clock.

Funeral services for JfficerBurch will be held at 4 o'clock this afternoon
from the A.Il. McLellan chapel on North Central ave. Officers of the Phoenix
police department will act as pall bearers and Boy Scouts will serve as color
bearers. Rev. H.L. Faulknew will deliver the funeral service, and services at
the grave will be in charge of the Knights of Pythias Lodge. Interrment will
be made in Greenwood cemetery. The remains will lie in state at the McLellan
Chapel until 4 o'clock, the hour set for the services. t
Same issue, page 1. Article lists donors to fund for Burch
Article datelined Muskogee, Oklahoma, LAWRENCE BROTHERS LEAVE MURDER TRAIL
THROUGHOUT COUNTRY. Article gives details of killing of Texas officer. Lists
numerous thefts. Also alleged to have killed a policeman in Livingston Montana

They apparently headed south from there to Arizona.

Article, same issue, page 1. PAIR THLL OF PLIGHT APTER ALTERCATION. In this
article the brothers describe their experiences in the river bottom following
the shooting of Burch. "Babe" said that Will shot Burch, but Will denied it.
ney were defiant, denied killing of the Texas officer. Also denied being in
lontana.


°

lHeavyLoss of Lifes 2 _|FAWRENCE DIES NAMES COMMITTEE TO ACT

go Se ee E cholettsided i a UNA Shh: SAN

in-the etete of Neyacit, according to thé first official new ‘from hte y
flooded area. The port.of San Blas has suffered considerably. "tt Shawnee-Obla.

Thig infermation id contained In a dispatch received-tonight. by |- “ARIZONK —~STATE— el ARMORY I PARK SUIT IS ORDERED: DEFENDED

By As-
cal tegatana oo ce “ vittasbint tats — Florence, * Ariz, ‘Jan. 8 (By Asso-

Oat ic cinta eng jn cE »-« Boy Scout: Request, for Use of Park jn Front tof

ae

ba

[Officially Adiitted in | DESYNG GILT yr COMMERCE CHAMBER E
Dae lente Flodit Reporl é|—LEADS PRAYERS} "" :
DOE aaa | _ PLANS@APPEAL TO” STATE fame:
42 Inches of Rain Fall in °36. Hours in | eee pte alg aieee 1 ! =

ioe . Nyarit; S.-P. of Mexieo. Suffers... + -..|,'> Playing Love Song. Policemen’s Pay. Increased $10 Monthly at te
2, . Quarter Million Loss... -\scamusty7 Says sims] Special Session; Park Avenue Subway ) 15
Eyal pice CHT, Soh 8 By Acvciate Pram) —Thar has enn “a sed Sister Claim Body] Plan Is Abandoned- E
3

5

t

; arp ubalding nthe Drie Fee ee =; Robie used: Armory wna * 602...
ern nent roun floods in hintory, ‘t is atated his’ guiter : OF yD D uiraints
and sang a Somes dad

doqmes
= TOUSE APPROVES| sree ee ret “Status Questioned

®
4 2 PL ~
0 these the riverm went over the!) 2 : cali ; ; sof +
Pd = banks, flooding hundreds if acres of } ! tn ie Pand a. gay ; ©
comet SAN CARL i ahigad ee ae tas nee we § song of the Reduction of light, gas. and power rates in Tucson will be 5
. . e new mein o Chen a
Rot: Pacitic of Selon An ainoeet enti ; L ocapeelehaly asked of the ‘Tucson. Gas, Electric Light and Power company . - 409
7 or Hayden Ba kere” Con gressméi auntod_a3- Dales A @ Quarter and « ma, then{ Dy_a_speciat-ecommitteet from—the—city_council and the Cham- - Poa, & LS
i a Other Stat “ ty Paw Ge ee © te steadily! ber of Commerce if thé latter body accepts-the -council’s-invi ; i
ates ad da . ‘a
| Over Colorado Fe. Se ee ae Ee oe ae ek tation to join it, according to a decision reached at -a-special .— 4 aE
| ; hae : | jor cont anthony ee - es chamber|mecting of the city council last night. +h.
| ——- lea were t homeleasn and redcue . : a
| ramen] WAMINOTON Jan 8 (Uy Ae] parties canntt reach them from ped The resolution, which provides for a committee of aon 5 .
sige ore ta Lond i home —_4 a agg ag Tepke. the capital city of Nayarit, alty was from the city council, the city electrician and Six from the Mie : te: .
cutee wa aw meee wae elrest i py pH the renee Improve. efacted tor| Chamber of Commerce, was introduced by the new members
| the Rouse In rermmittee of the whole: The Nomi pteaked dem ee ee , the slaying) ty the city council and was unanimously adopted without dis- a op
| Reg in| exter w rewridevetiaon of the - imei the new rvufr of t Houthern Pa-|. witham Lawrence of a Phoe- cussion. -Mayor White named a)
| 6 —+,erter wit! - Vwie eertiean wiih the } cific of Meaico south of heré. Con: --—- nhe-- pottee- Bsns Holbert, are ras 5
| eramoe| (or, wl the manoure will be subject, struction work which be being done} man last Kebcuury. The tla th IN IN WAKE OF: lynasted to represent tho coufcll im rane
| ewten | '” vee o@ fine! paamase In the eatension line to Mextco Ciltyltrap was sprung at 5:42 tnis und will ask 8° C: Davis, prosident 2 fo te
obbptha, The tresioiog eas rage aflegiwag seat ich Pron) Tour tO AIX} morning, and nine afd & half min- manga apace oF a Weekes or Conimorees }h2 ae
a exe. | teercawarative Mesrre PDemprral) mentee ft ia reported that.25 milewlutes later Lawrence was pronounced b namo his committee today tt: 2
siae soa 2 que ourwotens aes ae en The resulution also provided that rk oe i)
ee ee ak nero Dba —— ae oe 1 tare) <The xamest man f cver saw sv ---~-_} should the Jight_company fail to | a “
, nam be Preswnted the asmcadment —e destruyed by the Mod! 1, the gallows,” Veardeu RN. B. Sines “1 walnty the demands,” the malter. ~~ FE: t-£)
1 Meme tee tetermation Iie assed whether | Sere of the prison eld after the execu-/ bois Is Saved But Damage | ould then be taken up with the ° 49
© ere] the | ewtetge dom wowkd affert the| The arentent kme wae nuffesed Inj lon. , , . Es ; d | wtate corporation cuiminission — for ee
owtt $00} gy wgune-4 distotegites of tna wmiova| the Meniiagyu amt Ocipuneta river Lawrence, who last Februury shut in Valleys timated at ‘adjustment. $ $0)
atthe o| of the | owrete if9ee Repreewata- | valleys where many, mcren of the land Killed Woliceman Ha:e Burch a“ t 17,0008 000,000; a -Eo It alnu was decided by the cquns-.-% * 2
=O yee cere Meeton . Lremuent ai. pny Feew | yral tand of the etate | of hoenix, went to hie dymath with * jolmen last night ty raise the pay ‘ - Ee
te on | see 2 bey ore : i tates aie Glkee | kg. NS ees et ¥ an — 7 e- ojty -patrolmen. from... § ‘ tH
awe! Roepe e a ae weeny wren centrnes prusec : eed <poo =
vais ma, Mawain, astel Marden what pra premecigol pon prose Sandel Preas).—Parls (a nav Poe etn a a Toot 7 $ kee =m a to -B1 EO Se Ng Saamrent : =
0S Re prverens ~f stems wee ovlem sear oh tat catastrophe, Infthe opinion of} an Yective al ‘unte:’.” This “action Was § res)
oF | ne Gu chump! retifpiog the wher eds! ‘STA T E HAS 125 M -” «0 short statement ta clear, official of the minstry ne public! brought about through the rego. : 1
oe © wt whee thst oteto bee ringing Seen. eked the 70 specta- |. orks nfter an extensive survey of{inendation of Chiel of Pulico Jack ¢
—* > anti he de Tes SveUes BS NOW IN OPERATION — wae hin in priéjeg and us the NMooded areas, bul the damue | Dyer and wus passed ‘unanimously: $k
a ie ep fee weet abl Merton { H = = was contuded he arvse|,,, property will amount to some The question of building a sub- Jo
OF KL ewe en tered Striker ah, aon ae emer oo e. portent oe thing on. 08, eee fruncy (ap-;way under the rullruad tracks al “FPO
’ cla lmec tmatef $17.500.008 at the pres- * Park av , : t of :
es ren a aa “ee aoe walt | Peace Mit Jen 8 1 By Anemia Ven tnether and rvleter whu led a [rat rate of <avhaiae’. os _ yal el Maid aA aig await r:
art ee re ee , - dor it In} ‘ ve ,
f eee ttetug se G8 se Tee ohne tmnt oo | oon - a mee pee n ao ect a prod Phaliae — Technical experta who have ven-'up and on recommendation of the
Chad | oat the trom vyftemd (teat thowe SOO oe ; e¢ .t be etate-d im the anamai / vad me vt Althet ht “ . ‘{tured all sorts of phophesics sines [investiguting committee and the ~
Mo oe ait ening eens « Barrter where: rears of Tem ( Yeeter state mine ! wuia. pe hie Hieshaty thie pape pel the flooda began concerning the teity engineer it) was decided to
wt te ie — = Ss moget-- Mit with the governs: |2¢ hie inet trighre® -- hawrence wan! Ree sf ae eee somewtint moved. u the ides. It ey 4 q
. deo | es mewn | ae iam conewtnatin we minting | 1! yeare oht-tMe day efile bis) outer wenther white in etny | moved a pe incapl i — are.
aan os, nego , onl ieebeerss bare Soom very gmt dur etoeutinn _ hasten the limit: of the height :7) > nultable plane for- nn eaeednct et a
al a a ee +tTF or et Es paeniet fae: — : ibp water and 4 Abe giein ‘Us .e
o & cht Smarts spear «cor oman é Tne 10 ee babve (On ptm eccoetiag’ Pitot Rate * x10 e”Writarn t ue a it ne inh? ae eet vdocoh ter ake. the. vince oft of the xu! ay ot 4 =
4 aoe "e a. ae pA lawreare wher went vo ble death i inches will bealn to rec ede cae: noon an theae plane are read
ad ~ — e\ewe Rat Mere ase lar the galbime of the etale prison row -WHIL be acted upon -by the ye een ~
of - (HANDLER REPURTS z= toe "4 te te be the otate at Piwernme thia morning waa cong The Marne Meuse and Olse val *id means of Mnancing the project

owee et eee pte wad etree ant wees 8! etaging Mulwweman Has ideeided upon.

tense LF Fy ret rlek F ° .
woo. rir tw DKF VT ID .- te » % fe *. MES a ee Ce S ee wese Are ine _ aA " _ Sn The elty attorney wos instructed

+ hone ot -


Page 2

by Mr. Rawlins, who was fumbling with his pants. The doctor and
police were called at this time. It was documented that Mr.
Rawlins did not know why he had done what he did and even stood
in front of the house after the crime talking with neighbors. He
remarked that it was awful what he had done.

For records previous to 1911, you will have to contact the
Graham County Court House. The charge for the copies was 1.90
if you would like to remit that amount to the Clifton City -
Greenlee County Library.

I hope that the photostatic copies and the information here
will supply the information needed. I found the researching of
these cases very interesting and am looking forward to reading
your book when you have completed it.

Sincerely,

Q4 bk 64 Cm =. 4 Ae des

Barbara Roybal
Clifton City - Greenlee County
Library

piTO GROW
=| THE BEST

A eee at eh ee aN

4

Pe se cntrie e

GES TO DEATH

* Condemned Man Is Hanged
At 5:08 Yesterday
Morning — Declares On
Scaffold Is Happiest
Man In World—Attor-
neys’ Fight Fails

Nichan Martin, convicted of the
rourder early in October, 1919, of Ar-
* thur De Steunder, a Canadian sol-
. dier, was hanged in the state peni-
tentiary at Florence at sunrise yes-
. terday morning,

» All efforts on behalf of his three

- attorneys to secure a satay of the

me execution, either from Governor

. Campbell, United States Judge Saw-

ok telle or Judge John J. Sweeney had

failed. Hope was not given up how-

| ever, until the last hour, Attorney

- i Stephen H. Abbey waiting up all

_ night in this city for word from Ben-

. ton H. Dick who had gone in search

of Judge Sawtelle who was on the

. yg P of Mount Lemmon,

Martin was the fourteenth man to

be hanged in the Arizona state prison

and the first white man to thus pay

. the extreme penalty, About 25 per-

p #Ons witnessed the execution, a num-

_ ber from this city, Martin went to
} Als death cool and resigned.

® Goes to Scaffold
It was 5 o'clock when the prison
officials went to Martin's cell to
carry out the mandate of the court,

Blindfolded, he was led to the deat

chamber where he mounted the steps

to the scaffold with a firm tread,
, Straps were placed about his legs
and arms and then Capt. Thomas H,
Rynning, superintendent of the pris-
on, asked Martin if he had anything
to say,

“lL am the happiest man
world,” Martin replied,

The prison chaplain, the Rev, Mr.
Hiinter, Kissed the condemned man
and bade him goodbye, The black
cap was then adjusted and the trap
was eprung at 6:08 o'clock. In just
we twelve minutes. the prison physician,

P Dr, G, F, Huffman, pronounced Mar-
J, Hg. fenc.
™—  #$£=Nichan Martin, who was a member
ff the United States army during

4

a,

. \
| }

;

4

* ci
" iy

in the

MARTIN

QraiRTY-SECOND YEAR

MICHAN MARTIN |
i MITHEIRM STEP

7

OC

lic

me a a CRE ow

ha

Civilian Employe
Of Navy Air Force

[Republican A. FP, Leased Wire]
WASHINGTON, Sept. %.—J.
McNickle of this city, a civilan em-
ploye of the naval aeronautical teet-
ing laboratory, was ¢@ today
when a navy seaplane fell into the
Potomac river, The body was recev-
ered. . *
The plane, it was reported, ran
into an air pocket when making §
turn and plunged [nto the water,
Lieutenant Mugh W. Roughley, «
reserve filer who escaped without

injury, was the pilot.
Denver Traffic Will

Halt Five Minutes In
Honor Of Dead Heroes

{Republican A. #. Leased Wire)

DENVER, t, 0—All traffic on
the streets of ver will pause for
two minutes twice tomorrow in henor
of the memory of four Denver over~-
seas heroes who gave their lives in
the service, aw a feeult of a procla-
mation issued today by Mayor Dewey
Cc, Bailey, The funerals of the men
are to be held here. The men te be
honored are Lag T. Lyden, Bbhen &..
Smith, Buater L. Blieworth and Perey
R, Preston,

Southern Austin le
Struck By Tornado;
Many Persons Hart

[Republican A, P. Leased Wire)
AUBTIN, Texas, Sept. %.--Dosens
of persons narrowly escaped injury

was done when a tornado atruck in
the southern portion of Austin today,
passed across the Colerado river
valley, hit again in West Austin end
then disappeared into the hille west
of town,

_ the World war, was 24 years of age|

ee en

Drowns In Potomac’

ae

and several thousand dollars’ damage:

;
{

“BIG FOUR” OF J
DELEGATES FROM B/
CONFERENCE PROPER

{Republican A. ?. Leseed Wire)

WASHINGTON, Gept, et aa =

Marding today sncounoed |
American delegation te the tittatios
of armament conference, ht eomdintel

of four members:

CHARLES EVANS HUGH EM, eee-
retary of state, forme? jJuative of
supreme court, one time

or of New York, lawyer oy areas a4

salon

KLAMt! ROOT, ence
War, beter secretary
wenator from New ads
Juriet and statesman af Pater
reputation. The inie Pevehiemt.
wt ba tac be al
once pa e ! esa
by desoribing him as "the ablent:
in public life in Amerties,

HENRY CAHOT LOD, geaat


Se ee

ate A ae eae

STQUNCER:
gotdier, for whose
artin paid the ex-
'y morning.
Srcienespenemeneene

eat
=
shall e changed

fn the note that
ae it is mentioned
re to be given to
“ague of nations,”
Substituted refer-
entioned in annex
Versailles, among
.Btates
ae

Bout
‘Excite;
Called Off

» Leased Wire}
wa, Sept. 9.—The
4 bout between
F. bantamweight
mny Ertle of Bt.
lant to the banh-
which the latter
meback campaign,
tonight. Lack of
n as the reason, °

Loses

ve Round
file Bacca
, cay Wire]

N. M., Bept. 9.-~
a Fe won a ref-
r Billy Alger of
the end of 12
ting here tonight.
veights.

Tin hie: pocket.

and minerals, arrived today to inves-

of De

| | @teunder’s effects, including his dis-|_

charge. papers, “clothing and

other
articles in Martin's room. Martin

| was also in possession of the dead |-f

man’s automobile, the deputy said,
and had Steunder’s iden

In bringing Martin back to Pres-

cott, the officers changed trains at |
| Needles in order. to let persons who}
said they had seen the two men to-/
gether identify’ Martin. -Martin es- |

caped that night and was found the
next day several milea west of Nee~-

until March 25, 1920, on account of
the “flu” epidemic and his wound.

Illinois Officials
Find No Trace Of
Armed Strike Mob

[Republican A. P. Leased Wire}
Adjutant General Frank 8. Dickson,
George Arnold, state director of labor
and Robert Medill, director of mines

tigate reports of disorders in the
Fluorspar mining district as personal
representatives of Governor Lem
Small.

Arriving overland from Harrisburg,
Equality, Kedron and Karber’s Ridge
in the coal fields to the north,’ the
investigating committee found no
trace of armed strike sympathizers,
who Wednesday were marching on
this town and Rosielare.

Adjutant General Dickson was told
by stove keepers and farmers along
the route that all the miners were be-
Heved to have returned to their
homies.

CHARGE TWO DENVE
MEN IN CONSPIRACY

tity dise| |

dies with a bullet wound in his leg.)
Who shot him has never been deter: |.
terminéed.: Martin was arraigned in}.
December, 1919, but was not tried |-

Railway Executives

Lar te aon edness tesa

NICHAN MART.
Who was hanged at the. state peni-

tentiary at Florence eatly yester-
day morning for t o'murder of Ar-
thur. De. §teunder in August, 1919.

[Republican A. P. Leased Wire)
WASHINGTON, Sept.@7-Rallroads
of the country had net eperating in-
come in Jaly of $69,485,000, the larg-
est since last October and $17,000,000
more than in June, the Association of

announced to-
night on the basis of: reports filed
with the interstate comm
mission. The earnings, a statement
by the association gaid, were at the
annual rate of 4% per cent on the
tentative valuation fixed ‘by the com.
mission for rate making purppses.
The compilations were based on re-
ports from 202 class one railroads
having a total mileage of 288,641.
Fifty-seven roads failed to ‘earn
their operating expenses and taxes
during the month, as compared with
72 in June. Operating expenses of
western roa‘s decreased 11.8 per cent
and other expenses 26.7 per cent’ in
July. The net operating income was
$33,781,000 as compared with $9,104,-
000 in July 1920,

TTD EMAEZ7IE Fllnns

aia
_ | emp
: also worked for a’ ti

*
as @ jewelry salesman
@ in an 2

mobile repair ahdp, Atcording t

| police his description answers *

ef a man sought’ in connection w

# | recent store holdup.

Daughertys body was seen <

4 j #and bar in the Desplaines river «
i | this morning by a passerby. The
y | lice -were notified and found it |
# jin less than three inches of w

In the pockets were a watch ©&
still was running, $27 and some c
which enabled them to
identification, The Packard com
was notified and the inves
started which resulted in the 1
of Church. ; as
An inquiry; at the bank w
Church was to have obtained 9
tified check for the car, discl
that he had no account there
was not known to officers of
bank. At tho offices of the a
mobile company it was eid that
Daugherty started out with the
accompanied by Auamus, Chureti.
tested and offered Ausmus $36 1
accompany them, explaining tha
extra man was not needed.
Police tonight were dragging
Desplaines river in the hope of £
ing the body of Ausmus and a
of detectives had been sent to ©
-consin to bring back Church, —

Coal Miners Testif ity
Agreed To Wag
Cuts To Protect J

uae rietoacantes

(Continued from Ps

HS EN v4
ee 0 ee ae

it was a petition for a reducitor
wages. Getchel did not explain *
it was about, he testified, oS

Thirteen witnessea were prene?
by the miners. Foote said he had
witnesses waiting but did not ex:
to use them all “8

No witnesses were put on by
Colorado Fuel & Iren eompany
show that the petitions were aig
under proper representations —
voluntarily, LAE eae

‘Pha tatal: aneratineg vwayamives Am

Chairman J. ¢, Bell af : ine
trig} rman 4. 0. Dell nar the fn 4


Campbell, United States Judge Baw-
telle or Judge John J, Sweeney had
failed. Hope was not given up how-
ever, until the jast hour, Attorney
Stephen H. Abbey walting up all
° . night In this city for word from Ben-
ton H. Dick who had gone in search
of Judge Sawtelle who was on the
top of Mount Lemmon,

Martin was the fourteenth ‘man to
be hanged in the Arizona state prison
and the first white man to thus pay
the extreme penalty. About 26 per-
eons witnessed the execution, a num-
pes. . i ber from this city, Martin went to
50. l\ his death cool and resigned,

® Goes to Scaffold

Tt was § o'clock when the prison
officials went to Martjn'’s cell to
carry out the mandate of the court.
Riindfolded, he was led to the deat
chamber where he mounted the step

Z to the scaffold with a firm tread.
Straps were placed about his legs
,and arms and then Capt. Thomas H,
'Rynning, superintendent of the pris-
on, asked Martin if he had anything
to’ way,

“IT am the happlest man
world,” Martin replied,

The prison chaplain, the Rev. Mr.
Hlinter, kKixsed the condemned man
and bade him poodbye, The black
cap was then adjusted and the trap
was eprung at 6:08 o'clock. In just

we twelve minutes. the prison physictan,
Dr. G, F, Huffman, pronounced. Mar-
deaa,

Nichan Martin, who was a member
of the United States army during
the World war, was 24 years of age
and an Armenian, He was educated
untif' the age of 15 at Robert college
in Constantinople, where an older

_ brother for several years has been a
teacher. He came to the: United
States when he was about 21 years
f age, waving his exemption as an
allen, an act which left him with-
out the usual national protection to
allens who are charged with crime
in this country ao that as aliens their
cases may bé taken up with the state

] ® department through their represent-

a 1%, tives here,
He was convicted by a jury in the
Tavapal county superior court on
March 29, 1920, of the murder of Ar-
thur De Steunder near Yampai,
h Ariz., on Aug. 4, 1919. Since then
™ Martin has been twice sentenced to
| death and his execution stayed,
< jtin first was sentenced to be hanged
i June 25, 1920, but an appeal on

the merits of the case was taken.
Stor, of the Crime

De Steunder's body was found
wPpartivy burned, and for a time could
7 hot be idenitfied. A small Canadian
service button was found on the body
and through this the man’s identity
was learned from the Canadian war
ministry. De Steunder’s home ad-
dress was found to be\ in Chicago,
® and his relatives located through ad-
,, vertisements shown on gcreens in the
‘Moving picture theaters in that city.
- It was then learned that he had
¥ Started from Providence, R. I, with
; Nichan Martin to make an ov erland
trip by automobile to Yetsem, Calif,
Martin was located in Visalia, Calif,,
Pand a deputy sheriff sent from Pres-
ott to bring him back. The deputy

7

i}

in. the

~

b
i
5

"

(Continued on Page Two)

PAR ts Ni 88:

-

bali Cet.

Mar- |.

Lieutenant Hugh W. Roughley, 6 —
reserve filer who escaped ees
injury, was the pilot,

oe ed 6 | oOo mite en ra es a

Denver. Traffic will |
Halt Five Minutes In
Honor Of Dead Heroes

[Republican A. P. Leased Wire)

DENVER, t. 8—All traffic on
the streeta of nver will pause for
two minutes twice tomorrow in honor
of the memory of four Denver over:
seas heroes w gave their lives in
the service, awa fesull of a procia-
mation issued today by Mayor Dewey,
C, Bailey. The funerals of the men
are to be held here. The men to be
honored are Lao T. Lyden, Koen FL.
Amith, Buster L. Elieworth and Perey
R. Preston,

Southern Austin Is
Struck By Tornado;
Many Persons Hurt

[Republican A, P, Leased Wire)
AUSTIN, Texas, Sept. 9.—Dorene |
of persons narrowly escaped Injury |
and several thousand dollars’ damage
was done when a tornado atruck in
the southern portion of Austin today,
passed acrosa the Colerado§ river
valley, hit again in West Austin end
then disappeared into the hills west
of town.

Irish Republicans
Will Hold Private
Meeting Wednesday

[Republican A, P. Leased Wire}

;

DUBLIN, Bept. 9.—Convoeation of)

a private meeting of the Iriah Re-
publican parliament next Wednesday
to consider the British cabjnet’s in-
vitation to a conference on the Irish
question at Inverness ember 29
was decided upon this afterndon by
a meeting of the Dall cabinet over
which Famonn de Valera presided,

Two Bandits Escape
With $50,000 Booty
In Diamond Robbery

[Republicaa A. ®. Leased Wire]
DES MOINES, lowa. Sept. $.
Two robbers under gulse of custom.
ers entered a leading jewelry store
here today and while a podee of eeruti-
nized a diamond ring one of the men
was to purchase, the other picked Pa
a tray of diamonds and rushed for
the door. Both men e The
loss was $50,000.

Officers Searching

ses ets.

a eee
have been asked to ‘ane for Rien.
a Dias, 'farm hand, whore
near La Balle, Colo. He ts
sought in connection seg be ay >
der of Jose w
slain in a pane Jobasiewn.

Colorado, tas

after 13 mea had been ee work.

CHARLES B, HUGH
“BIG FOUR” OF Al

DELEGATES snow

CONFERENCE, PROPER
{[Aepublicar A PF | eeeed Wire]

WAKHINGTON Bept %.-Preeident |
farding today announced the fall)
Afnerican Aelegation to the Hine teat tee |
of armament conference Tt ¢omatate |
of four members

CHARLES EVANS HT ann ser.
retary of atate. former jJuatica of the
supreme court, one time randideate |
for the preatdency and twice gover
or of New York, lawyer by prota. |

aion.

KLIN ROOT one aecretary of
war, later ee: retary ef atate formar |
senator from New Yorr, lawyer.)

jJuriet and stateemran of Internationa |
reputation, The late President Madea.

elt. his close friend end eo Heagws |
once paid trithute ta bie attainments)
by describing him as the ableet man,
in publie life in Ametica ~

HENRY CAROT Longe

OREN Re i NA iti EY HO Ne
Oo IED AIRE.

Jobless ‘Auction

Brings Bidders

For Unemployed

[Republican A.” VLeaced Wire}
POSTON, Bept. >The collapee ot
ward Dixeq of Piiladeiphia, 40
rently from malnufritiern, fuet aftnr

eenealor i
sete. ges Me ta

services had been solid to the
highest bidder. brovght; (he
Gay of the suction & ter weer

played men on the Common to « cleas
Dison, @ world war vet

lg & day end some
Hiddere were more are pute tadag |
then yeeterday end many

food and clothies for the men Ip at
ditiesn (6 payment of Wages Were)
ferthcoming. Women acted a6 ae
tioneers and put the men eteipped|
te the watet, through exeretess Ld |
ebow their capalility
The creed which (hronged aroun t
the tandetasd comtaimed nel :
Women whe topk a4 aetite beet
the bidding, VUatihe the eqwetien
erday, Werk for & week GF mare || :
Wages thal biddiag vn a ae :
ae $f) 8 week wee @ by ae)
eral men,

ee Me |

lethal‘injection
JULY 12--LUIS MORINE MATA (Latino)has been

on death row since 1977. He was convicted of
the rape and murder of Debra Lopez (W/F).

TO TAKE ACTION

CONTACT:

B Oklahoma Governor Fife Symington at The
State House, Phoenix, AZ 85007
§ Board of Pardons, 1625 W. Jefferson St
Phoenix, AZ 85007

Largest Circulation Newspapers:
@ Phoenix Gazette, 120 East Van Buren St,
Phoenix, AZ 85004

@ Arizona Republic, 120 East Van Buren St,
Phoenix, AZ 85 004

FLORIDA

7:00 am electric chair -

JULY 12, 1995~ BERNARD BOLENDER (White),
Age 42. Sentenced to death for the 1980, murder
of four men (2 WM, 2L/M) during a drug deal
robbery. Sentenced 4/25/80.

A Miami jury unanimously recommended life
imprisonment. Trial judge Richard Fuller nonetheless
imposed the death penalty. Among the more serious
legal irregularities at Bolender’s trial were disparate
treatment of co-defendants, evidence of innocence
not permitted at trial, evidence of government double
dealing and ethically questionable behavior by the
Miami State Attorney's office.

TO TAKE ACTION

CONTACT:
™ Governor Lawton Chiles at The Capitol, Tallahas-
see, FL 32399-0001; phone: (904) 488-2272:
fax:(904) 487-0801
@ Board of Executive Clemency, 1309 Winewood
Blvd, Building 6, Room 323, Tallahassee, FL 32399.
2450, phone: (904) 488-2952: fax: (904) 488-0695

Largest Circulation Newspapers
@ Miami Herald, Herald Plaza, Miami, FL 33101
@ The Orlando Sun, Box 2837, Orlando, FL 32802
@ St. Petersburg Times, Box 1121, St. Petersburg,
FL 33731

@ Gainsville Sun, 925 N. Temple Av, Starke, FL
32091

Pennsylvania 10:00 pm lethal injection

JULY 25 - SCOTT LOGAN (White), Age 35, has
been on death row since 1982 when he was con-
victed of murder (B/M) at age 21. He had already had
a two year history of mental illess at that time,
including suicide attempts and institutionalization. At
the trial he testified that voices told him to kill the
victim and said he wanted to be executed Since his
conviction, Logan has been in and out of Fairview
State Hospital (the facility where the most seriously

ill prisoners are treated.) His latest admission to
Fairview came just months Prior to his warrant being
signed. Logan has never appealed his case beyond
the mandatory direct review in the Pensylvania
Supreme Court because of his mental illness.

TO TAKE ACTION

CONTACT:

—™ GovernorTom Ridge at Room 225 Main Capito!
Building, Harrisburg, PA 171 20; phone: (71 7)787-
2500; fax: (717) 783-8609

™ Board of Pardons, 333 Market Street, Harrisburg,

Pa 17126;phone: (717) 787-2596; fax: (717)772-3135

Largest Circulation Newspapers:

m The Philadelphia Inquirer, 400 N. Broad St,
Philadelphia, PA 19103

— The Pittsburgh Post-Gazette, 50 Boulevard of
Allies, Pittsburg, PA 15222

UPDATES
Joseph Spaziano of Florida received a Stay.
Michael George of Virginia, previously a
consensual, has decided to appeal his case.

The execution date for James Means of Texas
has been modified to August 29, 1995,

IN MEMORY OF
THOSE RECENTLY EXECUTED

May 2- Keith Zettlemoyer in
Pennsylvania and Emmett
Foster in Missouri,
May 10 - Duncan McKenzie in
Montana,
May 12 - Varnall Weeks in Alabama,
May 16 - Thomas Lee Ward in
Louisiana,
May 17 - Girves Davis in Illinois,
May 17 - Darrell Devier in Georgia,
May 25 - Willie Lloyd Turner in
Virginia,
June 1 - Thomas Fletcher Mann in
Texas,
June 8 - Ronald Allridge in Texas
June 20 - John Fearance in Texas
June 21 - Kari Hammond in Texas
June 21 - Larry Griffin in Missouri.

There have been 287 executions in
the United States since the rein-
Statement of the death penalty in

1976.
28 executions have been carried out
in 1995.

National Execution Alert Network is a
Project of the National Coalition to Abolish
the Death Penalty.

For more Information, contact:

Ricardo Villalobos (Ricardo227@aol.com),
NCADP, 918F St. NW Suite 601
Washington DC 20004, (202) 347-2411,
e-mail: abolition@igc.apc.org

An Annual Subsciption to the National
Execution Alert Network is $15.00
Please contact the National Coalition at
the above address.

NAME: MATA, LUIS MORINE ; DATE OF EXEC, ; PENDING NUMBER ;

NT/RS: YR: 77 DR #: 37768 METHOD: TIME:

7C. CLASS: ECO. CLASS: , EXECUTION SET ; NO.:
_ACE: H SEX: M ° AGE AT EXEC.: ; DOB: 51/07/10
STATE: AZ 2-S: CO: MARICOPA CITY: PHOENIX
HOR:  BOOK/MOVIE:

L: 3 SPECIAL LIST: :

DATE OF CRIME: 77/03/10 - \ AGE AT CRIME: 25 CATEGORY: | LEO:
DATE OF SENT.: 77/12/08 WEAPON: STABBED-KNIFE
CRIME: MURDER~RAPE-ROBBERY . NO. KILLED: 1 | TOTAL KILLED:

VICT. CQDE; HF21

CMTS#1: DEBRA LOPEZ (21), raped, robbing and murder of woman slashing throat,
nearly decapitating her

--she had been at their apt., when ghe wanted to leave, they stopped her
raped her, stabbed
--drove her body away
KNOWN PREVIOUS CONVICTIONS:

ACCOMPLICE: MATA, Alonzo [br. J (DEATH+->>LIFE) ’ LAST PRINT: 1990/09/22
SOURCE: AZ DOC : IQ LEVEL:

CMTS#2: RESENT: 78/12/08

ACCOMPLICE: ALONZO MATA damitted to ‘the ds, rape, robbery but said his
brother killed. her

CONFESSION; LUIS MATA admitted to all of the crimes

DR: 4 LIST: 9512

Attachment:

__. » EXECUTION: After 18 years on Arizona’s death row,
Luis Mata, 45, was executed by injection for the 1977 rape

and stabbing murder of Debra Lee Lopez, 21. His brother

Alonzo, also convicted, got a life sentence. = -

ae eee

USA TODAY « FRIDAY, AUGUST 23, 1996 « 3A

a


Section B — Page Three

BI

Execution set for man
on death row since ‘//

PHOENIX (AP) — A man who
has been.on death row ,since
1977 is scheduled to be executed
next month for the rape and
murder of a Phoenix woman.

The Arizona Supreme Court in
May lifted a stay of execution for
Luis Mata, 45. The state then re-
filed a warrant seeking to exe-
cute him by lethal injection. An
Aug. 22 date was set.

“We are fully prepared for
this to go ahead,’ Kari Dozer, a
spokeswoman for Attorney Gen-

eral Grant Woods, said yesterday. .

Mata has. won several delays
in his death sentence over the
years but now has exhausted all
appeals except to the U.S. Su-
preme Court, Dozer said.

Mata was convicted along with
his younger brother; Alonzo,. of
raping and killing Debra Lee Lo-

pez, 21, on March 11, 1977, af-

ter a night of drinking, smoking

marijuana and leer bas with

heroin.’
The woman, sia ‘ine’ men
met.in a bar, was stabbed repeat-

edly, and her throat was slashed -
so severely she was almost de-:

capitated, according to the medi-
cal examiner’s report.

The brothers were convicted
of first-degree murder and were
sentenced to die. They were re-
sentenced later under changes. in
Arizona’s death-penalty law, with
Luis getting a death sentence but
Alonzo receiving a life term‘ be-
cause ‘of ' mitigating  circum-
stances, including his age.

“Mata would be the sixth per-
son executed in Arizona since the
state resumed capital punishment
in 1992.: One prisoner has been
executed so far this year, Daren
Lee Bolton on June 19.

The Arizona a Daily Star |

| Tucson, Tuesday, July 23, 1996

fincond. et Bt

a ee a ee, ae ee

4 a on


MATA v. RICKETTS

397

Cite as 981 F.2d 397 (9th Cir. 1992)

though he had been employed by the defen-
dant continuously since his initial date of
hire in 1967 and without any interruption in
service related to his unlawful discharge in
February 1988.” Glover y, McDonnell
Douglas Corp., No. 90-0034C(3), slip op. at
7 (E.D.Mo. July 15, 1991) (order granting
equitable relief). McDonnell Douglas con-
tends that if Glover is to be “made whole”
through reinstatement and the granting of
back pay and full pension credit (thereby
putting him in the position as if he had
never been unlawfully terminated), the to-
tal award should be offset by the pension
benefits he has received because he would
not have received them but for the termi-
nation. In other words, the district court’s
order puts Glover in a better than whole
position; he gets back pay, pension bene-
fits as if he had not been terminated, and
the pension benefits he has already re-
ceived.

Glover contends the district court acted
properly because it did not know how the
pension plan was funded. Consequently,
the district court was faced with a choice of
erring in favor of the innocent plaintiff or
the company, and chose to risk error in
favor of the plaintiff. We do not agree
with this characterization. The details of
the pension’s funding are irrelevant to this
issue; regardless of how the plan is fund-
ed, the court’s order will put Glover in a
better position than if he had not been
terminated because he will be entitled to
full pension payments plus the pension
payments he has already received. The
district court’s order thus goes beyond sim-
ply making Glover whole, and on remand
the district court is instructed to modify its
grant of equitable relief to. address this
over-compensation.

III. CONCLUSION

We affirm the jury’s finding of age dis-
crimination and award of backpay. We
reverse the jury’s finding of willfulness
and vacate the corresponding awards, as

* Submission of this appeal has been deferred
pending the decision on the constitutionality of
the Arizona death penalty, by another panel of
this court. See Adamson v. Ricketts, 865 F.2d
1011 (9th Cir.1988) (en banc), cert. denied, Lew-

well as the awards for punitive and emo-
tional damages. Finally, we remand to the
district court so that it may modify its
grant of equitable relief consistent with
part II.G of this opinion.

W
° E KEY NUMBER SYSTEM

T

—

ee,

(Luis MATA, Petitioner-Appellant, “

— Vv. _. .

James G. RICKETTS, Attorney General
of the State of Arizona; Samuel Lewis,
Director ADOC; Lloyd Bramlett, War-
den, ASPC-F; John Avenenti, Deputy
Warden, ASU, Respondents—Appellees.

No. 87-1731.

United States Court of Appeals,
Ninth Circuit.

Argued and Submission Deferred
June 16, 1988.

Resubmitted Without Further
Argument Feb. 1, 1991 *.

Decided July 1, 1991.

As Amended on Denial of Rehearing and
Rehearing En Banc Nov. 27, 1992.

Following affirmance of capital mur-
der conviction, 125 Ariz. 233, 609 P.2d 48,
petition for writ of habeas corpus was
filed. The United States District Court for
the District of Arizona, Robert C. Broom-
field, J., denied petition. Petitioner appeal-
ed. On denial of rehearing and rehearing
en banc, Court of Appeals held that: (1)
any error in admitting nontestifying code-
fendant’s confession in joint trial was
harmless beyond reasonable doubt; (2) Ari-
zona Supreme Court provided limiting con-
struction for vague Statutory aggravating
circumstance of committing murder “in es-

is v. Adamson, 497 U.S. 1031, 110 S.Ct. 3287, 111
L.Ed.2d 795 (1990). This case was resubmitted
February 1, 1991, when it was determined that
the remaining questions still pending in Adam-
son do not appear to be controlling in this case.


398 981 FEDERAL REPORTER, 2d SERIES

pecially heinous, cruel or depraved man-
ner”; and (8) Arizona courts found aggra-
vating circumstances beyond reasonable
doubt. | :

So ordered.
William A. Norris, Circuit Judge, is-
sued dissenting opinion.

1. Habeas Corpus ¢490(3)

Any error in admitting nontestifying
codefendant’s confession in joint state trial
was harmless beyond reasonable doubt
where there was no doubt that defendant
would have been convicted by his own con-
fession plus abundant corroborating evi-
dence and where codefendant’s confession
merely seconded defendant’s confession
and was cumulative evidence with refer-
ence to material facts of murder. U.S.C.A.
Const.Amend. 6.

2. Homicide ¢—357(11)

Arizona Supreme Court clearly provid-
ed limiting instruction for vague statutory
aggravating circumstance of committing
murder “in especially heinous, cruel, or de-
praved manner” so that, although terms of
aggravating circumstance were facially
vague, defendant’s constitutional rights
were protected for purposes of death sen-
tence.

3. Habeas Corpus ¢—508

Arizona Supreme Court’s conclusion
that “the trial court was correct in finding
the presence of two aggravating circum-
stances” in capital murder prosecution
showed that Arizona court found aggravat-
ed circumstances beyond reasonable doubt.

4. Courts €100(1)

United States Supreme Court McCle-
sky decision that state is not required to
show that habeas petitioner’s failure. to
raise subsequent habeas claims stems from
deliberate choice by petitioner applies ret-
roactively.

Baron L. Miller, Miller & Miller, San
Francisco, CA, for petitioner-appellant.

1. After considering and rejecting sixteen specific

Jack Roberts, Asst. Atty. Gen., Phoenix,
AZ, for respondents-appellees.

Appeal from the United States District
Court for the District of Arizona.

Before CHOY, GOODWIN, and
NORRIS, Circuit Judges.

PER CURIAM.

[1] The opinion filed July 1, 1991, slip
op. 8025, and appearing at 937 F.2d 467,
468 (9th Cir.1991) is amended as follows:

At slip op. page 8030, paragraph [6]; 937

F.2d 469, last full paragraph of left col-

umn, delete and replace with the follow-

ing:

[2] Luis argues that the Arizona courts
committed various errors with regard to
sentencing. He argues that in determining
whether the “heinous, cruel, and depraved”
aggravating circumstance existed in his
case, the Arizona courts employed an un-
constitutionally vague narrowing construc-
tion. Luis’ claim has been foreclosed by
Walton v. Arizona, [497 U.S. 639] 110
S.Ct: 3047 [111 L.Ed.2d 511] (1990) and
Richmond v. Lewis, 948 F.2d 1478 (9th
Cir.1991).

[3] Luis also argues that the Arizona
courts failed to find the aggravating cir-
cumstances in his case beyond a reasonable
doubt. Upon conducting an independent
review of his sentencing, the Arizona Su-
preme Court concluded that “the trial court
was correct in finding the presence of two
aggravating circumstances.” State v.
Mata, 125 Ariz. 233, 242, 609 P.2d 48, 57
(1980). We interpret this conclusion to
mean that the Arizona court found the
aggravating circumstances beyond a rea-
sonable doubt. Clark v. Ricketts, 942 F.2d
567, 575-76 (9th Cir.1991).

[4] Luis’ final sentencing claim con-
cerns the trial court’s treatment of the
mitigating circumstances in his case. Upon
reviewing the record, we conclude that the
trial court considered all of Luis’ mitigating
evidence and found the evidence not sub-
stantial enough to warrant leniency.' We

mitigating factors, and finding no other mitigat-


MATA v. RICKETTS 399
Cite as 981 F.2d 397 (9th Cir. 1992)

will not disturb that finding.”

With the opinion thus amended, the ma-
jority of panel as constituted in the above
case has voted to deny the petition for
rehearing and recommends rejection of the
suggestion for rehearing en banc. Judge
Norris would grant the petition for rehear-
ing and accept the suggestion for rehear-
ing en banc.

The full court has been advised of the
suggestion for rehearing en banc and no
active judge has requested a vote on
whether to rehear the matter en banc.

Fed.R.App.P. 35(b).

The petition for rehearing is DENIED
and the suggestion for rehearing en banc is
REJECTED.

The amicus’ motion to file brief in sup-
port of motion to stay proceedings and
remand is GRANTED. ©

The motion to stay proceedings and re-
mand to the district court is DENIED.

WILLIAM A. NORRIS, Circuit Justice,
dissenting:

Our court has in the past encouraged
district courts to take affirmative steps to
assure that all claims, exhausted and unex-
hausted, are uncovered and presented in
the first habeas petition. See Newschafer
v. Whitley, 860 F.2d‘1470, 1482 (9th Cir.
1988) (Alarcon, J., concurring). We have
recognized that the importance of present-
ing all claims in the first petition is even
greater since McCleskey v. Zant, — USS.
——, 111 S.Ct. 1454, 118 L.Ed.2d 517 (1991)

(successive petitions require cause and

prejudice). See Brown v. Vasquez, 952
F.2d 1164, 1166-67 (9th Cir.1991). I dissent
from the order denying the petition for
rehearing and rejecting the suggestion of

ing circumstances under the “catchall” category,
the sentencing judge concluded that “no mitigat-
ing circumstances exist.” Supplementary Spe-
cial Verdict as to Luis Morine Mata, Dec. 8,
1978.

2. On Luis’ petition for rehearing in this case,
amicus curiae for Luis have raised a number of
new sentencing claims. Amicus concedes that
these claims are unexhausted and asks us to
remand to the district court so that Mata can
amend his original petition and then exhaust his
new claims upon dismissal. Remand is appro-

rehearing en banc because I believe Mata’s
habeas petition should be remanded to the
district court to give Mata an opportunity
before he is executed to exhaust all his
constitutional claims in the Arizona state
courts before we rule on the merits of hi

first habeas petition.

The Arizona Capital Representation Pro-
ject (‘ACRP”) has filed a “Memorandum of
Amicus Curiae in Support of Petitioner’s
Motion to Stay Proceedings on Petition for
Rehearing and Remand to District Court,”
In it, ACRP raised two claims of constitu-
tional error in his capital sentencing. pro-
ceedings. which had not previously been
raised by Mata’s counsel: (1) a Confronta-
tion Clause claim based upon Mata’s ab-
sence from his codefendant’s portion of the
sentencing hearing and (2) an ineffective
assistance of counsel claim based upon his
counsel’s failure to develop and present
mitigating evidence. Because these claims
have yet to be exhausted in Arizona state
courts, we cannot hear them. But we can
remand to the district court to give Mata
an opportunity to file a motion for leave to
amend his petition to include the new
claims, which, if granted, would result in a
dismissal of his petition without prejudice.
See Rose v. Lundy, 455 U.S. 509, 102 S.Ct.
1198, 71 L.Ed.2d 379 (1982) (a petition for
habeas corpus raising both exhausted and
unexhausted claims must be dismissed
without prejudice).

It lies within our discretion to so remand
to the district court even though the new
constitutional claims were not raised in the
district court and not raised here in Mata’s
opening brief. See, e.g., United States v.
Ullah, 976 F.2d 509, 518-514 (9th Cir.1992)
(purely legal issues on which the record has
been fully developed can be raised for the

priate, amicus argues, because otherwise Mata
would have to meet the procedural hurdles of
McClesky v. Zant, — U.S. —, 111 S.Ct. 1454,
113 L.Ed.2d 517 (1991) in a subsequent petition
even though McClesky was decided after Mata
filed his original petition. This argument is
without merit. We have previously held that
McClesky applies retroactively, Harris v. Vas-
quez, 943 F.2d 930, 945-46 (9th Cir.1990), and
there is no reason to treat Mata’s new claims
differently.


Convicted Killers Executed —
In Arizona and in Missouri

stay.

FLORENCE, Ariz., Aug. 22 (AP)
— Luis Mata, who with his brother
raped and killed a 21-year-old wom-
an in 1977 after a night of drinking,
smoking marijuana and injecting
heroin, was executed by injection
early today after the United States
Supreme Court refused to grant a

Mr. Mata and his brother, Alonzo,
were convicted of first-degree mur-
der and were sentenced to die for the
fatal stabbing of Debra Lee Lopez of
Phoenix. They were resentenced lat-
er under changes in Arizona’s death
penalty law, with Luis Mata getting a
death sentence but Alonzo Mata re-
ceiving a life term because of miti-
gating circumstances, including his
age at the time, 18.

In seeking clemency for Luis
Mata, friends and relatives had testi-
fied that he was retarded, brain-
damaged and unfairly sentenced to
die. At his clemency hearing on
Wednesday, Mr. Mata, 45, said he did
not kill Ms. Lopez. “If I had been
sober,” he said, ‘‘I would have been

able to prevent this, but the way that |

I was, no.”’

Missouri Executes Killer

POTOSI, Mo., Aug. 22 (AP) — A
man who killed a farm couple for a
car, $25 and a wristwatch was exe-
cuted by injection early Wednesday
after apologizing to the couple’s rela-
tives.

“I do feel remorse for what I did to
the victims’ family,’’ the convicted
killer, Richard Oxford, said just be-
fore he died. ‘‘And I love my wife and
children, and I’ll see them on the
other side.”

Mr. Oxford, 39, admitted being |

present when Harold Wampler, 63,
and wife, Melba, 58, were shot to

cellmate, Richard Brown. Mr. Ox-

ford had been serving an 85-year
sentence for rape and sodomy.

The Wamplers, dairy farmers and
the parents of seven children, were’
reported missing when they failed to
show up to milk their herd the day}
after meeting Mr. Oxford. |

Mr. Oxford stole the Wamplers”’
car and about $25 in cash. ‘

—

death during a robbery in November |

1986, but denied he was the trigger-
man. He had met the couple at a bar
in Joplin three days after escaping
from an Oklahoma prison with his

Ny
FRI,
§ -23- 96

TIMES

aw


es, Fields

Fails To Yield

ht Since Tuesday
ERA

Betty Jean Wright turned to

dnesday after draining of six

al failed to turn up a clue.

m. Tuesday from the home of
eoria,

allen into the canal, but there
be the vietim of an abductor,

River Valley Water Users, sald
vhich the little girl could have
| carried.

he may be in any cotton field
was irrigated that night,” he

most 50 volunteer searchers
» sloshing through the muddy
s as night fell Wednesday.

le blue-eyed Betty Jean, who
rated her birthday last Friday,
opeared while her parenss, Mr.
Mra. D. J. Wright, were watch-
television In the home of Mrs.
‘ey, five miles north of Glen-
Avenue on Lateral 20,

‘NARROW footbridge crosses
canal, which was filled bank-
unk Tuesday night, a scant 30
from the house.

he couldn’t have been gone
» than 10 minutes,” said Mrs.
‘ey, “before we were out look-
‘or her.”

right, a farm laborer, dis-
ted the possibility that she
been abducted. “We almost
she has been, but we haven't
iny enemies,” he said.

aining in the irrigation system
ed at 11 p.m. Tuesday. A force
len spent most of the night
‘hing.
‘s. Yancey said that the water
e canal was running 80 swiftly
day night that “a grown man
In’'t have stood up in the
Te.”

ut Cable Halts

letwork Shows

MAHA, Neb., July 18 (UP)—
‘anscontinental cable was ac-
ntally cut at a_ railroad
ching shack near the village
halco, Neb., Wednesday, cut-
off all major radio networks
interrupting wire services
a short time.
‘lephone officials here said
‘had not determined how the
ik had been made. Emer-
‘y crews were rushed to the
e from here to ménd the
k, which occurred about
P.m., according to mainte-
¢ officials of Northwestern
TelepHone Co.

Aaah, UIP WP EAL, news
agency Tass said the Red delega-
tion had proposed a six-point

movies

U.N. Opposes Removal

Of All Foreign Troops

WASHINGTON, July 18 (UP)
Diplomatic quarters said
Wednenday that United Nations
negotiators will refuse to dis-
cuss a Communist proposal that

all foreign troops be withdrawn
from Korea.

The suapicion here is that the
Communists
‘in the first plaa use
they hoped te make propaganda
capital out ef it. Diplomats
doubt the proposal will disrupt
peace talks. ;

agenda including the removal of
foreign troops. Vice Adm. Charles

uestion .|

T. Joy, the chief U.N. negotiator,
has insisted this matter was poli-
tical and could not be discussed at
this military conference,

The first two helicopters carry-
ing the U. N. negotiators took off
for Kaesong at 10:30 a.m. from
the U. N. advanced camp and the
other three followed two minutes
later. The trip was made by heli-
copter despite a light rain and
threatening skies,

The U.N. road convoy of service
personnel left the advance camp

at 8:30 am. for the 11 a.m.
meeting.
WHILE confirmation of the

Russian report was lacking, of-
ficial announcements on Thurs-
day’s meeting at Kaesong said the

More On Korea, Page 20

negotiators had agreed on two
major issues but still had at least
one to settle, ;

Official sources said that it was
too early to say an agreement on
the truce conference agenda, or
program of-topies to be-di
was imminent. But the most en-
couraging word yet on the talks
stirred hope that it might not be
far off.

The nature of the two issues re-
solved and the one. still unde-
cided was hidden by the tight
curtain of secrecy over the con-
ference. All three were described
officially as “major points.”

THE TASS dispatch from Py-
ongyang, broadcast from Moscow,
recorded in London and relayed to
Tokyo, said Gen. Nam Il, the chief
Communist negotiator, had sub-
mitted his agenda, and added:
“Introducing these proposals,
General Nam pointed out that his
delegation intended to insist on
the 38th parallel as the demarca-
tion line and on the withdrawal of
foreign troops from Korea as a
guarantee against the resumption
of hostilities in Korea.”

The Tass dispatch added, with-

(Continued On Page 2, Col. 6)

dewn Cn Judgeships

mminees Draw Fire

a) poll of The informal check of 50 lawyers the United
vanes Be Hinshaw said that is bal 4 tbel thoes of the .
a second. | Chicago” “ yeew te select :
Me. f r : “Hat
to Pa the cm ;

SS

ing of a new 20-inch wel
tempt to ease

water production when
(Republic Staff Photo)

ee i taal caiahae 6 tint g391< rgaigewie

nencher Workmen hammer a casing
Quencher into place as they rush drill-
1 east of
oenix’s critical wa

500-foot well will add 3,000,000 gallons daily to city

ttsdale in an at-
er shortage. The

FLORENCE, July 18

C. Park.

Pacific’s Golden State Limited near

Critical Area
Order Unlikely

PHOENIX apparently had won
its fight Wednesday to avoid desig-
nation as a critical defense area.
Charles E. Wilson, defense mo-
bilizer, told Arizona congressmen
it ls unlikely that Phoenix will be
placed in this category. A decision
will be made, he said, in about
three weeks, when an investigation
of future military distribution in
the area is completed.

The labor department has con-
firmed that there is adequate civil-
ian manpower in the area to meet

Lantz Executed In Prison

With ‘T’mRead

By JACK KARIE
Republic Staff Writer

here in the state prison zus chamber Wednesday for the killing of Ada

The burly, 28-year-old killer calmly paid his debt to society at 5:04
a.m. for a brief orgy of rape and brutality aboard the Southern

But the beastlike qualities credited to Lantz at the time of the stran-
gulation of Miss Park, 68-year-old G

ing as he murmured the Lord’s Prayer while waiting for his dose of

THERE WAS hardly a ripple in

tourist business and prevent more
industry from locating here.

bases in Spain. A French foreign

orren under way despite
British and French objections.

. THESE countries oppose Spain's
admission into the Atlantic pact,
her association with any member
of the pact, and the American
Plan to acquire naval and air

Additional Story, Page 16

office spokesman has describ- the
American negotiations as unfair
to France,

Acheson said the talks were go-
ing forward becguse “military au-

thorities are in. i agreement
that Spal. ie Gf recite tm port»

m—general defense of
Western Europe.”

naa atten a

Acheson told reporters that the

ad

of naval bases at Cadiz, Carta-|$
C gena, and Ferrol as well as Santa | the
completed in mid-August.— |Cruz in the Canaries, and air pe
‘bases at Barcelona, Madrid, Se- i.
ville, and possibly Valencia and brid
Lugo, southeast of Ferrol.
DETAILS of the agreement will ch
be worked out late this month by | that
a special American mission repre- | gled
senting the three armed services | their
§ bd and the state department. The|last
n ] S groundwork already has been
done by American air, naval, and|ors j
military attaches here. ing
No details were learned of gree
Franco's asking price for the use| dea
of the bases Spanish sources, |life i
** took Harold Lantz just 25 seconds to die however, said Franco had not
asked anything which could not att
be easily grantéd by the United if
States. Generally, Franco was be- of
lieved to want help in improving
Spain’s battered highway and rail-}jn th
Bisbee Aug. 10, 1950. road system, modernizing indus- At
tries, and equipping his air force Jud
rinnell, Iowa, spinster, were Jack-|&"d army. of su
gin i
WwW
lethal gas. Q) i R ] pou
AS DEADLY cyanide fumes atis é€ ease he
spiraled around Lantz’s head he ; pou
leaned forward, gulping the al-|: ] Is M d ~~
most invisible gas which marked
his doom. ca a € ro -
Seconds before his face had
brightened with: a smile as he Pb mre ya ag Bag ok ho
nodded to a Lutheran minister and said Wednesday the United States jtouc:
a Catholic priest: who comforted hee Sande another plea for the co” kit
him during his last: hours. When|! Paceeeins rman }"s
Lantz turned for the brief ee Willa N. Oatis, and is amaltine Ww
his lips were seen to say, m binet. }taun
ready.” a reply from the Czech — his
Then Warden Tom Cathemer,| Oats, a. Pay tan ts Cheen fat
we af acting on a clgnal from the cere ine bees ny ren are
strapped Lantz, pulled a lever|°@P! eelecsemamht arene os a
which released 16 deadly one-|7aere Sam ante meng | ~~
ounce pellets into a mixture pa not supported by evi.
sulphuric acid and distilled water. were a

the muscles of the doomed man’s U.S. Embassy in Prague made the 4
broad back as he new request for Oatis’ release to
reached out to welcome quick and] the Czech foreign office Monday. | a
painless death. The substance of the converaation| 44
His head slumped forward and was transmitted to the Czech cab-| |.
he was pronounced dead by the inet, and e reply is expected later |
prison physician, Dr. Ned Plun-| this week, the secretary said,
kett of Florence, Then, as muscu- He refused to discuss details of me
lar reaction set in, Lantz’s head] ene and. ducked all ques- —
slowly raised and’ settled back]|tions shout’ possible Gooch, terms}
(Continued On Page 2, Col. 1) | for. the.newaman’s release or pos-|)
sible Us, otters. to. his 7.
"heheon, lao. Bs themes: EE
. oe

et

é

and @Oap

‘tod

em

ey

aS

Ww




STRUGULE FOR LIFE.

attormiey fogpt the case from
nnéng. He objected to the in-
dictment and to the trial on the ground,

tha noaurt had nrevinnsly heen

from infoOrind bg the

penalty in case of con-|

+

ath and death alone. The
new
Yuma where it

the sentence

back to Tucson

f his execution was set
There was still hope.
believed that

d so much

}

the lawyer,
armined to prove that it was,
well grounded. Having exhausted all,

other resonrees he made an interna-!

tional affair of it. ley, though a
snbject, having

ved on the

served in

navy on
“ordenskiold and had been compii-
mented by his superior officer,


“UWESCALMLY

Convicted Murderers Pay
Death Penalty In First
Double Hanging In His-

tory Of Arizona

The firat double hanging in the his-
very of the Arizuna state penitentiary
at Florence took place at 5 o'clock
yesterday morning when Tomas Ro-
gan and Ricardo Lauterio, convicted
murderera Of Maricopa county, paid

1OMAS ROMAN

Whe paid the penalty on the scaf-
feld yesterday for the killing of an
{t-year-old boy during a raid on a
Tempe store a year ago.

the death penalty for their crimes.
Lauterio, the first to go to the scaf-
fold, wae officially pronounced dead
$520 o'clock, and Roman wag pro-
pounced dead 43 minutes later. The
double execution was witnessed by
about 25 persons, mostly state and
county officials.

. Lauterio was a confessed murderer.

‘He admitted killing Mra. Sosa north-
weat of Phoenix on the morning of
Noy. &. 1970. The defense in his trial
athe superior court here was based
' wan insanity plea.

Reman was convicted of killing Au-
gest Hintz, 11-year-old Tempe boy,
during a raid on the Baber-Jones
sere of Tempe on the evening of Jan.
i, Y21. He denied his guilt to the
very end,

Proteste Innocence

ever death comes to men, they have to
die like men. When death comes, I
Ifke to die like a man,” the condemned

man said.

Bleep Peacefully
Roth men apparently enjoyed
peaceful slumber throughout the
night, which was roid any une

usual happenings or utterances byd

either man, the death watch said.
They were awakened a little after 4
o'clock, refreshed and eeemingly fit

‘| for the ordeal,

Brenkfast was served the two men
in their cells and they ate heartily.
Roman seemed unusually joyful and
softly hummed as he made himself
ready for the hanging.

The executlona were set for &
o'clock. It was at that hour that the
death watch over the two men waa
ended and ag the prison clock tolled
off the fateful hour the great steel
doors to Lauterio’s cell were thrown
open.

With faltering atep he mounted the
stairs to the death chamber, but he
was able to make the ascent without
aesisntance. Asked by the prison
chaplain {f he had anything to say
before meeting his creator, he said:

“Nothing: juat give those letters to
my mother.” He spoke with much ef-
fort and as he finished forcer a smile,
which quickly disappeared.

Adjust Black Cap

The black cap, known as the death
cap, was then adjusted, the body
strapped at the legs, the hips and just
below the shoulders, and the hang-
man's noose adjusted. The rope Was
pulled taut about his neck and In a
second the trap was sprung. The fall
occurred at 5:03 o'clock, :

The neck was broken by the e@ix-
foot rae anapping of the vertebrae
being plainly audible to those who
witnessed the execution. After 17
minutes the body was cut down, Dr,
Huffman, the prison physician, pro-
nouncing Lauterio dead at 6:30
o'clock. Dr. Huffman atated that

beating of the heart continued for 15)

minutes after the fall, but that Lau-
terlo was unconscious from the ef-
fect of the snapping of the vertebrae.

At 5:47 o’clock Roman was ied from
the death cell. He was in bigh spirits
and mounted the eteps with light feet
and smiling at the group of men
about him. Arriving at the head of
the stairs, he PB berg the witnesses
and prison officiala with a police,
“Gentlemen, how are you?”

He stepped lightly over to the trap
door and stood directly in the center,
then turned and asked: “ta that juat
right, gentlemen?” Upon being told
that it was, he replied, “All right, go

ah :
Roman went to hig death eteadfast- Cool and calm to the last, apparent-

ry mre

4

FEES fpf
; inti

Next Monday night after the éril?
Checks will be distributed to
members of company A, 148th Intan-
Sry. Artsona national :
armory drille held during the lsat

Theee checke are for
the company having re-|
pay lest Monday.
amount suet re-
¥ Captain Haghes from the
(ficer at Fort Bam Housten
ia about $1,200, and the checks will
be doubly weicome at this time when
pocketbooks are limp and libby as «
result of holidey spending.

rhe officers of Company A are
pleased at the prompt re-
eeipt of money for this payroll, as
to be received by any

ix months,
fetdera | pay,
celved gtate

ceived b

very much

it ie the firnt
Arizona organization.
The next state pay wil! be due
then again on July 1, ati
pay will alae he
opportunity for
five young men to join the company
how and participate in the above pay
days. in the meantime receiving ben. |
eficial instruction and being of some
use to their country. For toforma-
tion apply at the armory, 240 Wat!
during the day. or en
Wednesday evening

MAY CALL FOR BIDS

which time federal
There in an

Jefferson atreet
Monday or

& period of lo ¢

yeaterday, sare & feu

GA
af style
the #a3

giver b

Em


ARIZONA REPUBLIC, Phoenix, 1-1-1922. an


; | See 2DAB Keouse /c-OAT
Hse typ RD

Th-lE¢7Ci/,

correspond:
state de-
nunicated with,

latter ;

sentence of Lashley}
ted to impris ww abs oh
ieve was granted and}

i |
the proper status of}

pres si- |

it iI July 91 and |
. by whom his,
I These compara: |
‘nila are men-|
r legal interest
wing the most ourlous commingling |


3 Docdtste.. epee ee pre ew met gpa
‘ee ae tee

Oe Ga ae gai

7. Ree tuen) bo Ate “ais bee "G Beenl,
Py fg,

sgt \ a he laze fore 7

DCM Lingonan, AZ ye 6, 1907
ts ie ee Mitr OTE of ae at Lead’

ee oe

 Atmmscrd 4 He pane ee. ee

| Ap teiw tiie, “IOS Loe Pa tae Shemale od


MEM: Longrman, ME oo raat 170 7

| Abe Te eariga chimn. Bike. putpghille. th foal

purged tons the’ Aillony of femme Caulize)
4 bomen of the tate wort, ah Litdirat.
ee Ai ford doenten) te ey te. |
Awe dept pene thet, ety te Lo hacl

Nhe plies tptlire rhe. athlrely hed Pe ee
Jot tentent wad “gs Hee gees’ cats Flew

: bec eee SMe ed te bel Abduatt, Lael
Meael bo tuafutl, wheel fo afer on Kew

fun e- cd pied sda inté it, aol
Pe Py os

heli the. Badtité-gugo tie Jae
idee ee 5 ae PAdse fewa <go97 DISD lew ae 2
and enticed ae 2 Lazegecl pi Mle detas. dee

atilict 2 he justice and Agree Zee

seday, October 7, 1919,
Canadian authorities in

service pin had been is-
aur DeSteunder, a mem-
ntry Division in the late
ne address was listed as
ly discharged from the
tinued, and nothing was
Two addresses in the
which DeSteunder had
ond to which he had di-
follawing his discharge.
soldier from his service
ly measured proportions
the victim's belt buckle,
oy the corpse, seemed to
s complete.
hen, is Chicago,” Davis
1e_ mid-west metropolis
relatives at either of the
in turn call the Prescott

the disappointing word
ind its whereabouts was
JeSteunder himself had
ut that he had not re-
trip to California, sup-
the relatives had moved

ied effort to locate the
ivis was chafing to take
day by day was becom-
gain:

flashing an emergency
ns. Urgent that we con-

scovery of the crime, a
news of the success of
relative of Arthur De-
ility that the suspected
radian soldier.

’ the relative said, ‘‘un-
car and his money and

returned to the United
le in Providence, Rhode
rn only as “Jack,” with
trip to the west coast.
ily briefly, long enough
plain his trip west and
»e held until he should
- that, the relatives had
ost cards mailed in St.
ue, New Mexico.

recently,” the relative
g some mail, inculding
-eding whén he arrived
ould have gotten there

ad carried only a little
chen he left Chicago on
> lasted him more than

“This man he was with,” the relative concluded, “seemed
a quiet, pleasant fellow and he and Arthur acted like old
friends. It would be hard to describe him now, excepting
that he was of better than medium height, with sort of sandy
hair.”

Identifiable articles which DeSteunder was known to have
in his possession were listed as a gold watch of unusual design,
a tan cowhide travelling bag bearing his initials and a small
keepsake penknife, also with his ‘initials.

The license number of his automobile was unknown, al-
though the plates had been issued in Rhode Island. The ve-
hicle itself was described as a popular make lower-priced
touring car. :

Sheriff Davis turned from the phone, his brow deeply

- creased gs he went over the lengthy notations which he had

made on a pad. “That takes care of the victim,” he muttered,
“but it doesn’t give us too much help in running down the
fellow that killed him—”

“Unless there’s another body somewhere along the road,”
a deputy suggested, “it’s almost a ciffch it’s this guy ‘Jack’
that he picked up in Providence. We don’t know half enough
about him—and we sure don’t have much chance of tracing
a car like that among hundreds like it on the highway, without
even the license number.”

Davis’ eyes lighted thoughtfully. “You've got a good hunch
there—about another body. If this ‘Jack’ didn’t kill De-
Steunder he must have been killed himself. You go up to
Yampai right away and work with Fitz. Check around where
we found DeSteunder and along every trace of a car’s tracks
that you see leading off the highway. ;

“I’m going to get in touch with Providence and see what
‘we can run down from that end.” ne

| Word from the Eastern city came promptly and stirred
avis to swift decision. Authorities had found the

rahe, | ; ‘ee

lealer

Dr ee ak Sc le
Investigator searched for clues
around rock-strewn desert spot
where fire - ravaged body of
murder victim was found;

De Steunder, a former Canaa-
1an infantryman, whose charred

ae ay ‘body was found in the mercj-
~" less desert.

who had sold a car.to Arthur DeSteunder late in July and
checked its license number. But they were able to uncover
not the slightest clue to the mysterious ‘Jack’ who had later
accompanied the ex-Canidian soldier on his westward trip.

At Yampai, the sheriff found a continuing search of the
desert yielding no further evidence, not any indication that
a second murder had taken place.

“Something tells me you're not going to find anything,” he
admitted to Fitzgerald and the deputy, “but you might as
well make it sure while I see if I can pick up some trace of
that car west of here.”

Stopping to make hopeful inquiry at the scattered villages
and service stations along the route, he had gained not the
barest hint of information when he reached the sullen, murky
waters of the Colorado River just as the purple shadows of
evening descended across distant mountain slopes.

A short distance beyond was the California quarantine

station near Needles, where he knew all vehicles were halted

for inspection night and day. It was the one real hope of a clue
which had spurred him this far.

The officer in charge searched back through his records.
At last as placed his finger on an entry for the date of Aug-
ust 7. °

“Here's your car,” he said, “registered with two occupants.
But I'm afraid that’s all we can give you. We don't register
names or other information.”

The machine had passed through at 4:20 in the afternoon
and was headed westward, toward Los Angles. That in itself
was worth knowing. The notation of two occupants in the car

‘ raced through Davis’ troubled mind. Could it be that by some

strange trick of the mysterious events back in the Arizona

desert, Arthur DeSteunder was not himself the victim of a

heartless killer?

(Continued on page 50)

a 11
a illic id Se Nyaa ihre


SANTA CRUZ COUNTY EX#CUTIONS. (NM

_ PIMERIA ALTA HISTORICAL SOCIETY

INCORPORATED 1948

Museum and City Archives

P.O. Box 2281 Nogales, Arizona 85621 —
Phone (602) 287-5402

Former City Hall — corner of Cfawford and Grand

February 16th, 1982

Mr. Watt Egpy Lo
Capital Punishment Research Project
Box 6205 .

Law Library
University of Alabama 35486

Dear Mr. Epsy,

I checked with the Clerk of the Superior Court here and she located the
dockets listing the Martinez, Shaughnessy, and Conner convictions. The
Franco hanging, having occurred in Territorial days, should be listed in
Tucson as I explained before.

The dockets simply listed the prisoner's name, the judge and the sentence.
Any accessory documents are buried in the inactive files and are not access-
ible at this time. I, did; however, incidental to some research of my own ing
compilation of old newspaper reports, uncover a few facts which you may

find interesting. , ; .

Manuel Martinez, convicted of the murder of the Ruby postmaster and his
wife (Mr. & Mrs. Frank J. Pearson) on August 6th, 1921, was believed to
be the leader of a group of seven Mexican bandits which had been texyror>
izing th area. A full account was not available and Martinez' age wasn't
mentioned, but in a picture he appeared to be. about 30 or 35 years old.

George J. Shaughnessy was an 18-year-old hitch-hiker who shot and killed
Tucson auto dealer, Lon Blankenship (37) who was on his way home after
visiting his brother in Nogales. The boy was the adopted son of Mrs.
George J. Shaughnessy of Albany, N.Y., and a fugitive from a New York re-
formatory. The boy said he intended only robbery and apparently tried to
send help to the man after he dumped him and took his car. The adoptive
mother tried to help the boy.

Frank Conner was a 22-year-old black soldier from Fort Huachuca apparently
in town for a "saturday night", who said he'd had a few beers and two mar-
ijuana cigarettes, He shot and killed Tracy Bird, Nogales City Clerk, in
the hallway of his aprtment house after following him home a“trying to rob
him. (He said Bird grabbed his gun and it went off in the scuffle.) App-
arently, it was a case of mistaken identity. A man named "Slim" Bird ran
a bar catering to black soldiers and supposedly Conner thought he would
have the Saturday night "take" on his person. Conner was the only son of
a Prescott woman who was present at the trial. The boy seems to have
never been in trouble previously.

No further information is available here and we do not have actual copies
of the newspapers. We hope the above reports will be helpful.


Continued trom page 50 .

d possibly some worked there in nearly two weeks. She “nervous eyes and ‘sandy hair, dressed
red which might : ~ was believed to have taken a job else- ina clerk’s apron and appatently busy
Sut. those-things, where in town, — unpacking canned goods, observed their
best: be’ ferreted Located at last in another restaurant, ¢€ntrance with a glimmer of suspicion..

s working within the young woman started at mention
of the name of “Martin Jacks.” She ad-
mitted that she had travelled to
Pomona with aman by that name who
had offered her a ride from Kingman,
Arizona. -

“He made me a lot of promises on
the way out,” she declared, “but when
Wwe got here I found that he was broke.
He said he had some money coming

quired casually,’
ie following day
y telegram 3 the
county, followed
led to police de-
officers in all of
n the Los Angles
several adjoining

Ai yl ds wine Md 46

hands. fidgeting with nervousness, he
hesitated. “Why, yes. I sold it for a
friend of mine—”

in the week that from some friends and wanted me to “Your friend was Arthur De-
racking — meet him later. But there was some- Steunder?” At Martin’s nod the sheriff
went about

thing about the way he acted that I
didn’t like and I decided to get a job
and keep away from him until I could
8° on to Los Angles.”

As far as she knew, the man’s name
Was actually Jacks and she had not
heard him use the name of Arthur De- “Maybe,” Davis Suggested drily,
Steunder or mention it at any time. “you can show us the money order re-
Nor had he let slip any hint as to his “ceipt and give us DeSteunder’s address
Possession of the car. in Phoenix.”

“He was awfully nervous,” she re- The suspect licked dry lips uncom-
lated, “and once when I asked him fortably. “He’s left. Phoenix and I
about the initials “AD” on a travelling didn’t keep the receipt after I knew he
bag in the car he gave me the funniest ‘got the money.”

- look. and just said it belonged to a “Then maybe you can show us the
friend. of his—” last letter you got from him.” Davis
ith ‘am “Where did he tell you he was oing turned over the badge concealed be-

"ne lite to De- from here,” y i neath his belt. “Tt just happens that
ce. “He told me he intended to stay Arthur DeSteunder ‘was murdered . in
nothing’ irregular right here. He said he had a friend who Atizona a week or so before you sold

; his car!” :
ted. ‘‘He drove in ° . :
- chat. Gilt be'd owned a big grocery store and he was Protesting that a mistake was being

was having motor Boing into business with him. But I've. made, that if anything had happened
.r to be worked on never seen him, and he never mentioned to DeSteunder it had been only recently,

ck he asked me if - the friend’s name.” Martin led the officers reluctantly to
he needed the a his rooming place. There, while the sus-
pect fumbled desperately through a
small pack of letters, Davis quickly
noted the travelling bag with De-
t Steunder’s initials. Inside, beneath toilet
check every grocery store in town and - articles and clothing, he found an empty
see if anybody knows Martin Jacks.” billfold and a small penknife bearing
similar initials. Thgre was also a 32 re-
volver and a box of cartridges,

“I suppose Arthur made you a
a small neighborhood grocery and’ present of all his personal Possessions,”
Davis scoffed, “including this—” He
pulled from -his pocket the watch re-
trieved in Needles, Martin’s face
said with a puzzled frown, “but I’ve got. blanched, -he stared. in_panic, _

“It’s time,’ the sheriff continued,
_ “that you tell us the truth, Why did you
kill him?” ;

continued, “What became of him?”
“He started out here from Provyij-
dence. He decided to Stop in Phoenix,
_ Arizona, and asked me to bring the car
out here and sell it and send him the
money. That’s what I did.”

his office half-
yn the cruel mur-
nder. Excitement
action as he read
lice of Pomona,
iat DeSteunder’s
in the possession
10 had purchased
sly from a garage.
+ his spinning car
wr Pomona. Arriv-
ccompanied by. a
ge, the owner of
y that he had pur-
car on August 12.
DeSteunder’s sig-

y. “Have you seen
t the car?”

ain. And he didn’t
rhere he was stay-
ot he was leaving

re in here you say
town. Was there
—a woman in a

ighted. ‘Sure. A
woman. I’ve seen _
eral times since, T -4
1 restaurant down

hope, Davis and
e haste to the res-
ey found, had not

next page 2 a The two offcers Strode into a stock-

Ne

_Yoom at the rear. A man with deep-set,

“You're: Jack Martin?” Davis in-

The other started. “N ichan Martin,”
he said. “Sometimes I’m called Jack—”
__ “You sold a car with Rhode Island
. license plates a couple of months ago?”

Martin stopped work abruptly. His

“We had a fight, the Suspected
blurted weakly. “He pulled a knife on
me—-said he’d kill me—” i

“So you shot him—in the back of
the head!” Davis mocked. “You'll have
to do better than that.”

Martin stared hopelessly. His dips
hardened slightly. “You know -every-
thing, don’t you? Suppose I said we’
had a fight and I was afraid of him, so
T plugged him the: first chance I got?”

Davis shrugged. “I’d say you were
still lying. You're overlooking the fact
that we know you robbed him—of
everything but the sixty dollars you
didn’t know he had inside his puttee.
If you’d found that you might have
gotten away clean, eh?”

“He had sixty bucks?” Martin stared,
then: shragged ruefully, “I figured he
had it somewhere. That’s what we
fought about. I asked him to make me
a loan and he wouldn't. Claimed he
didn’t have any. It made me mad and I
decided I’d have his car and the works,
We drove off in the desert to camp that
night and the first chance I got, I
plugged him!”

The confessed killer agreed readily
to. waive extradition and return to
Arizona. But his willingness was not
without cunning design. At Needles,
where he was readily identified by the
garageman who had accepted the stolen
watch, he pleaded to use the washroom.
Released momentarily from his hand-
cuffs, he fled through a small window
and disappeared.

Two days later he was recaptured
after a searcher’s bullet had struck him
in the leg.

Back in Prescott, further investiga-
tion confirmed the case against him

and on November 21 he was arraigned

before Justice McLean on a charge of
first degree murder. Reverting to his
earlier plea of self-defense, he was held
for trial without bond.

The trial was brief and marked by
overwhelming state’s evidence. On June
8, 1920, Nichan Martin was found
guilty in Superior Court and was sen-
tenced to hang. Following the routine
of an unsuccessful appeal, he finally
was dropped from the gallows in the
Arizona State Prison at Florence on
September 9, 1921,

-—*

~———

ee ETE NA PITA

Continued from page 11

Shifting through the pages of the
register, Davis saw that relatively few
cars bearing Rhode Island license plates
passed throguh the station.

“It’s just possible,” the officer agreed
to Davis’ question, “that the inspector
on duty at that time may remember
something unusual. We can get in touch
with him.”

The inspector, summoned from his
home, shook his head doubtfully as he
studied the Rhode Island registration.
“It just strikes me that there was some-
thing about that car, but what it was,
outside of maybe the fact it was the
only one from Rhode Island in a couple
of days—” i

He paused, stroked his chin thought-
fully for an instant. “Come to thing of
it, that was the fellow who was having
trouble with his car. It was heating up
and knocking pretty bad and he was
short on money until he got into some
little town near LA where he was going.
T remember he said how it had taken
more money to drive all the way from
Rhode Island than he had figured on.
He wanted me to loan him some money
on a watch so he could have the car
fixed—”

“A watch?” Da@& repeated eagerly.
“What kind of a watch?”

The inspector shrugged. “It was a
man’s gold watch of some kind—a
pretty good one, I guess. I didn’t pay
much attention because I wasn’t inter-:
ested. I told him of a garage in Needles
where I thought he could leave the
watch as security for the work on his
car. I suppose that’s where he , went
from here?” ont

Davis noted the name of the garage.
“Now, if you can remember any kind
of a description of the two men in that
car, you’ve helped me a lot.”

The inspector grinned. “TI can’t re-
member too much. The driver was
about average build and had sort of
light hair. But the other one was his
wife—or at least I supposed she was
his wife. She was a good looking woman,
and that’s what makes me so sure now
that I remember the car. She wore a
bright red dress that you could see a
mile away!”

Sheriff Davis drove into Needles
with a distinct feeling of exultation. He
had not the slightest idea of the
identity of the woman in the red dress
or of what connection she might have
with the murder‘of Arthur DeSteunder.

But of two things he felt entirely cer-.

tain. DeSteunder was the victim of that
brutal killing and at last the trial of
the fleeing criminal was before him.

The garage man in Needles recalled
at once the troubled motorist from
Rhode Island who had lacked funds to
have his car repaired. ,

“Sure,” he said, “I did the work for
him and filled him up with gas and oil
and he left me a watch for security.
Darned good watch, too. I don’t know’
T care if he never claims it.”

He pulled the timepiece from a grimy
pocket. Even before he took it in his’
hand, Davis recognized the oddly

‘designed case which had been described

by DeSteunder’s relatives.

But the garage operator could offer
no further enlightenment. Strangely
enough, the man had left only the name,
“M. Jacks,” no- address, and had re-
quested no reciept for the watch, which
evidently was worth several times the
amount of the repair ‘bill. Explaining
only that he was not certain where he
would be staying but that he expected
‘to meet friends and find funds awaiting
him in Los Angles, he promised either
ta return or redeem the watch by mail.

Davis nodded grim understanding.
“That was two months ago and any-
body interested in that watch would
have been heard from long before this.
But a guy who knew it could point to
him as a guilty murderer wouldn’t be
so likely to come back for it, would he?”

The garageman stared, mouth agape,
as the sheriff explained his mission and
the necessity of taking the stolen watch
as possible evidence.

“There’s just one other thing I’d like
to know,” Davis queried: “Did this
fellow have a woman with him—his
wife maybe—when he was here and
when he left?”

“He sure did. A mighty good lookin’
woman in a loud red dress. She was
right with him all the time and they
left together about 10 o'clock that
night.”

It was 300 miles to Los Angles and ’

days and weeks, perhaps months could
be spent searching for a virtual needle
in a haystack through the growing city’s
sprawling suburban area. And during
the time which had’ passed, Davis
realized, the killer had had ample time
to move far beyond his announced
destination or to cunningly conceal
himself in many ways.

There remained the victim’s auto-
mobile and the Rhode Island license
plates which. would be difficulty to

A

keep under cover—and possibly some
notice of the woman in red which might
offer a further lead.-But- those things,
Davis decided, could best be ferreted
out by local authorities working within
their own bailwicks.

Back in Prescott tne following day
he‘dispatched a lengthy telegram to the
sheriff of Los Angles county, followed
later by circulars mailed to police de-
partments and local officers in all of
the many -towns within the Los Angles
area and the sheriffs of several adjoining
counties.

Waiting for results in the week that
followed was nerve-wracking drudgery
for Sheriff Davis. He went about the
routine duties of his office half-
heartedly—his mind on the cruel mur-
der of Arthur DeSteunder. Excitement
whipped him to swift action as he read
a report from the police of Pomona,
California, stating that DeSteunder’s
car had been found in the possession
of a local resident who had purchased
it some weeks previously from a garage.

No grass grew under his spinning car
wheels as he headed for Pomona. Arriv-
ing there, he was accompanied by a
local officer to a garage, the owner of
which admitted readily that he had pur-
chased De Steunder’s car on August 12.
A bill of sale bearing DeSteunder’s sig-
nature was produced, along with an-
other showing sale of the vehicle to De-
Steunder in Providence.

“There seemed nothing: irregular
about it,” the man started. ‘““He drove in
here several days before that, said he’d
just got into town and was having motor
trouble. He left the car to be worked on
and when he came back he asked me if
I’d buy it. I think he needed the
money.”

Davis nodded grimly. “Have you seen
him since you bought the car?”

“Never saw him again. And he didn’t
say anything about where he was stay-
ing or whether or not. he was leaving
town.”

“When he first came in here you say
.he’d just gotten into town. Was there
a woman with him—a woman in a
bright red dress?”

The man’s eyes lighted. “Sure. A

good looking young woman. I’ve seen |

her’ around town several times since, I
think she works in a restaurant down
the street.”

Scarcely daring to hope, Davis and
the local officer made haste to the res-

taurant. The girl, they found, had not :

Continued on next page

worked

was bel

where i)

Locat

the you

of the n:
mitted

Pomona

had offe

Arizona.

“He r

the way

we got h

He said

from sor

meet hin

thing ab

didn’t lik

and keep
Zo on to
As far

was actu
heard hin
Steunder
Nor had
possessior
“He Ww
lated, “a
about the
bag in the
look. and
friend. of
‘Where
from here
“He to
right here.
owned a b
going into
never seen
the friend’
“Laying
he and the
he’s got gc
still in tow
semblance
check ever)
see if anyb
The nam
recognition
foremost m
a. small n
meat marke:
exciting inf
“T don’t k

, Said with a y

a Jack Ma:
He’s in the |
The two «


A

26 A

Che Dallas Morning News

Friday, August 23, 1996

TEXAS & SOUTHWEST

Arizona murderer gets lethal injection

Associated Press

__. FLORENCE, Ariz. — Luis Mata was
executed early Thursday for raping
and. murdering a young Phoenix
woman 19 years ago.

“1 love you,” Mr. Mata mouthed
toward witnesses as he was strapped
to a table and about to be injected with
lethal chemicals. His last words, to
Corrections Director Terry Stewart,
were, “Tell everyone I’m sorry.”

‘Mr. Mata fought the sentence in’
vonrt up until the last minute, forcing
the execution to be delayed 45 min-
utes as the state and US. supreme
courts considered — and rejected —
several appeals. Mr. Mata had filed
appeals regularly since he was sen-
tenced in 1978 for nearly decapitating |
21-year-old Debra Lee Lopez. ;

In the death house at the state’
prison, Mr. Mata lifted his head when :
A-curtain was pulled back, revealing ”
ay adjacent room full of witnesses.
NYhben the start of the execution was.
Sunpunced, he laid his head on the,

le, closed his eyes and began recit- ;

‘ ea Lord’s Prayer. After about 15}

he stopped speaking,’ his head
from side to side, his lips ‘flut-

ast teréd, ‘his chest heaved: pevetal times
.: Jandthe was still.) 3.1

-oloMir. Mata, 45, was ; the sixth. person :
- executed: in Arizona’ since the state
- ésumed capital punishment in 1992 '
after a 20-year hiatus. Arizona has 121,

people on death row.

inne execution followed: an emo-}

ional, 10-hour clemency hearing dur- |
dng which! Mr.” Mata’s: attorneys,

friends and relatives argued that he.

was retarded, brain-damaged and un-!

fairly sentenced .to. die. The state |

8 phar a

Convict, with his appeals denied,
expresses love, regret in final words

Board of Executive Clemency voted of Appeals in San Francisco.

unanimously against clemency. Mr. Mata and his brother, Alonzo
Earlier in the afternoon, the U.S. Mata, were convicted together of the

Supreme Court vacated a stay granted brutal killing. Both men confessed in

‘Tuesday by the 9th US. Circuit Court part to raping and killing her after a

NBC APOLOGIZES FOR COSTAS’ COM-
MENTS: NBC has apologized to Chinese groups
for Bob Costas’ mention of China’s human rights
record — and other sources of U.S.-Chinese ten-
sions — during the opening ceremony of the
Olympics. China’s state-run media and Foreign
Ministry officials had criticized the sportscaster for
the remarks, made during the July 19 broadcast.
Costas spoke of China's athletic achievements and
suspicions that performance-enhancing drugs ac-
counted for some of them. Costas was on vacation

and unavailable for comment.

night of drinking and using heroin.
Alonzo received a life sentence be-
cause he was 18 at the time of the
murder.

Ms. Lopez’s mother and stepfather
were not available for comment after
the execution, but Lola Rottman had
testified at the clemency hearing by
telephone, begging the board to carry
out the sentence imposed in her
daughter’s murder.


Arizona killer seeks 2nd stay as execution date

zssociated Press

PHOENIX — With Luis Mata’s ex-
ecution slated for Thursday, his life
depends on whether the court sys-
tem takes a new look at an old issue.

In an effort to win a second stay
for the 45-year-old killer, Mr. Mata’s
attorneys have asked the U.S. Su-
preme Court and the 9th U.S. Cir-
cuit Court of Appeals to consider
whether he was wrongly sentenced
:o death in 1977.

At the time Mr. Mata was sen-
‘enced for nearly decapitating De-
ora Lee Lopez, there was no clear
legal definition of “especially cruel,
neinous and depraved behavior.” It
was under that definition that he
was given the death penalty.

“What does heinous mean? What
does depraved mean?” said John
Stookey, one of Mr. Mata’s attor-
neys. “The court has said that each
of those circumstances has to be
clearly defined so a sentencing per-
son can know what they’re talking
about.”

ise i na

Attorneys say he was wrongly sentenced in 1977

The state Supreme Court cited
the issue when it granted Mr. Mata

a Stay just days before he was sched-

uled to die in July 1995. While his
attorneys argued that a later case
more clearly defined the terms, the
court decided this spring that the
definition was sufficient at the time
of the sentence and lifted the stay.

Since then, Mr. Mata has asked
the state’s high court to reconsider
its position on that issue and on
whether his original defense was
inadequate. The court denied his
request last month.

Mr. Mata also asked the federal
appeals court in San Francisco to
consider the cruel, heinous and de-
praved definition, which it, too, de-
nied. Last week Mr. Mata’s atter-
neys asked the court to reconsider.
That request is pending.

Mr. Mata’s attorneys filed a simi-
lar appeal with the U.S. Supreme

Court on Friday, his first to the
high court.

With two other Arizona death
row inmates appealing to the feder-
al appeals court on this same defini-
tion issue, Mr. Mata’s attorneys say
they are hoping the court will use
his case as a benchmark.

Attorneys had tried to persuade
the courts to consider a December
1994 confession from Mr. Mata’s
brother, Alonzo, who said that he,
not Luis Mata, killed Ms. Lopez. But
after numerous rejections, the at-
torneys dropped the line of defense.

“There's a huge incentive for
him to lie," Assistant Attorney Gen-
eral Paul McMurdie said of Alonzo
Mata. “He knows he can’t be re-
tried.”

Alonzo Mata was convicted along
with his brother in the murder, but
received only a life sentence be-
cause he was just 18 at the time.

Pi? 7SELL Gf POL I~ CAZETCE G/IS

Lawyers question disciplining of Abu-Jamal

The brothers admitted to raping
Ms. Lopez and beating her with
their fists and a rifle. Neighbors
testified they heard her screams,
and she escaped briefly but was
dragged back inside. Later, she was
stabbed repeatedly and her throat
was slashed so severely she was
nearly decapitated.

Unless one of the two federal
courts offer Mr. Mata a stay before
then, a hearing is slated for
Wednesday morning before the Ari-
zona Board of Executive Clemency.
He is scheduled to die by lethal
injection just after midnight.

Ms. Lopez's family and Gov. Fife
Symington have publicly slammed
the courts for delaying Mr. Mata’s
execution, saying the justice system
favors the rights of criminals over
those of victims.

ee ee ae

Also frustrated by the govern-
ment, but for another reason, is
Helen Panessa, a Chandler woman
who Mr. Mata considers his soul
mate and wife, though the two
aren’t married.

While Ms. Panessa has visited
Mr. Mata almost every week and
nearly every holiday for the past
eight years, prison officials cut off
the visits two weeks ago when he
was moved to an observation cell
for the ‘death watch.”

During the 14-day period leading
up to his death, Mr. Mata may re-
ceive visits from his family, clergy
and his attorneys only. Prison offi-
cials say Ms. Panessa does not fit
any of those categories and have
refused to bend the rules, despite
phone calls on her behalf from
death-penalty opponents, the Arizo-
na Catholic Conference and Sen.

_ Manuel Pena, a Phoenix Democrat.

Monday, August 19, 1996

Luis Mata... convicted kill-
er is scheduled to die by le-
thal injection Thursday.

Ghe Dallas Morning News

By Marylynne Pitz
Post-Gazette Staff Writer

Local attorneys for death row prisoner Mumia
Abu-Jamal want to know why their client was
disciplined for writing a book that criticizes
prison conditions while another Pennsylvania
inmate suffered no repercussiuis for publishing
a similar work this year.

Abu-Jamal, 42, is the author of “Live From
Death Row.” He was a radio reporter before his
1992 conviction for the 1981 fatal shooting of
Philadelphia police Officer Daniel Faulkner.
Proceeds from his book supported his legal
defense.

_ “The First Amendment does not abide allow-
ing one inmate to write books and not another to
write books. It is obvious from this inherent
contradiction that Mumia Abu-Jamal was treat-

ed differently,” attorney Timothy P. O’Brien said
yesterday.

“Jamal was singled out because people didn’t
like him, because he was a notorious person,”
O’Brien said.

Abu-Jamal was scheduled to die by lethal
injection Aug. 17, 1995. He won a stay of
execution while the state Supreme Court consid-
ered his appeal.

In a motion filed Tuesday, O’Brien asked U.S.
Magistrate Judge Kenneth Benson to reopen the
record in Abu-Jamal’s civil rights case, on which
Benson heard eight days of testimony last year.
Benson has not ruled on the request.

In the motion, O’Brien said prison officials
gave approval in February 1994 for publication of
a book by inmate Victor Hassine but later said
that, by writing his book, Abu-Jamal violated a
rule that prohibits inmates from engaging in a

profession while in prison.

Hassine is the author of “Life Without Parole
— Living in Prison Today.” He is serving a life
sentence without parole for first-degree murder
in the State Correctional Institution at Grater-
ford. His book details conditions in that prison.

According to O’Brien’s motion, major portions
of Hassine’s book were written between Septem-
ber and December of 1995, the same period of
time in which corrections officials told Benson
that such activity was illegal.

Penn State prefessor Thomas J. Bernard
edited Hassine’s book and wrote its preface,
which states that state corrections officials
approved the book’s writing and publication.

Roger Baumgarten, a spokesman for the
department, could not be reached for comment
yesterday.

URGENT ACTION APPEAL

¢ Urgent Action Program Office _¢ P.O.Box 1270 Nederland CO 80466-1270 ¢ ph. 303 440 0913 « fax: 303 258 7881 ¢ e-mail: sharrison

@igc.apc.org e

22 August 1996

Further information on EXTRA 81/95 issued 5 July 1995 and re-issued 13 July 1995 and 13 August 1996
Death Penalty

USA (ARIZONA) Luis MATA

- Amnesty International very much regrets that Luis Mata was executed as scheduled in Arizona on 22 August 1996.

"Tell everyone I'm sorry", Luis Mata said before being administered the lethal injection.

According to press reports, the Governor of Arizona, with the parents’ of the victim at his side, called on prison officials to
Start a hard labor program that would punish death-row inmates.


Thu, 22 Aug 1996

FLORENCE, Ariz. (AP) - A Phoenix man who raped, stabbed’
and nearly decapitated a woman he met in a bar in 1977 was
executed by injection early today.

Luis Mata, 45, told prison officials, ~~Tell everyone I'm sorry,''
before he was put to death.

Mata and his younger brother Alonzo raped and killed 21-year-old
Debra Lee Lopez on March 11, 1977, after a night of drinking,
smoking marijuana and shooting heroin.

Ms.' Lopez was stabbed so many times and her throat slashed so
severely that she was almost decapitated, authorities said.

The brothers were convicted of first-degree murder and sentenced
to die. They were resentenced after changes in the state's death
penalty law. Mata received a death sentence again, but his brother,
who was 18 at the time of the murder, was sentenced to life in
prison.

At a clemency hearing Wednesday, Mata said he did not kill Lopez
but ~“if I had been sober ... I would have been able to prevent this,
but the way that I was, no.'!

The clemency board rejected his appeal Wednesday, despite
testimony that Mata was born with water on his brain and suffered
other brain damage. A three-judge panel of a federal appeals court
and the U.S. Supreme Court refused to grant stays of the
execution.

Lola Rottman, Ms. Lopez' mother, testified at the hearing by
telephone, begging the board to carry out Mata's sentence.

““This horrible murder seems like it happened yesterday. Luis Mata
has totally destroyed our lives,'' she said.

tal

en til

a4 Pavan

gunned down last a was
the fiest F hoe

ae shot to death on

than 4 years, REPUB EY

~ Pah Chief Lawn,

Wiaeeym tzel.
Re police m2

assvlts against rs so 0 1D

the sty so far this year. If- |

utes to the officers resulted
‘wart 139 of the assaults and —

2 ai the injuries were in- ©

Saned with guns, including
sangs and pistol-whippings,
acniding to the records.

}1 {309 there were 524 as-
sits and 198 injuries, 36 with _
som. in 1968 there were 368 ©
assuts ald 136 injuries, 18
~ 11 guns, the record shows.

“us ‘ast officer fatally shot
uty before Bluhm was
- Burch, who was killed
: man he was trying to

-smenend shortly after mid- .

wath m Feb. 5, 1925."

“arch, 41 at the time of his
vas the futher of Phoe-
uorey Frank Haze

20?
eat F

"v. afficer was a member

had: arrested pe imen he:
vegen Stealing sc in:

block of E. Jefferson.

Burch was} _ putting
saritettis on one man, the
IPN one _arew a

him. . a

Burch died six hgurs later
at St. Joseph's Hospital.

The men escaped, one of
them still wearing handcuffs.
They were captured the same
day atop Tempe Butte and
were identified as A. S.
(Babe) Lawrence ‘and his
brother Bill, Oklahoma des-
peradoes. ;

Bill Lawrence was hanged
at the Arizona State Prison
in Florence for the {nurder of
Burch. The brother was sen-
tenced to 10 years' in Texas
for another slaying, Frank
Haze Burch recalled. .

Burch was in his second
year on the police force when
he died. He had bern a con-
stable in East Phoenix Pre-
cinct and a candidate for the

Republican nomination for |

ma and -

Sheriff in on previous pte
mary election. Sse

Among the Phoenix soliea!
men shot in the line of duty.

during the ~ 25 bead
were:

— Dudley C. Gibson, ‘shot

in the back by a sniper on
Feb, 22, 1966. He was shot
as he sat in his patrol car
at Seventh Avenue and Buck-

eye Road.

— Manuel Quinonez, hit in
the lip and the arm by shot-
gun birdshot pellets on Aug.
13, 1968, while patroling in

the vicinity of 17th Street and _

Adams. Quinonez also was
shot in a 1966 gun battle with
a narcotics suspect.

— James A. Christian, Al-

fight.

*

“bert BL ae and jeery 0.
~ McAlpin, y shot Aug. 20,
1954, during a melee that be-’

gan with an “iweateetian of .

“aman illegally Keeping roost-
Bie his home,

~ John man, “hit in. the.
face and hand with a shot-—
gun blast ; Oct. 14, 1963, as
police invgstigated a family

= Harry Barke, “hot Nov.
15, 1970, in a shootout inside
a home police had suspected
mistakenly of harboring nar-
cotics users.

“— Caroll Castes “wounded
in a shootout Aug. 23, 1963,

with a motel robbery suspect.
— Jesse Stokes, wounded in.

an Oct. 14, 1966 gun battle.

with (a narcotics

Suspect.
Stokes. had bee.

wounded:

Slightly in a shootout witha «
man following a disturbance -

in March of the sume year...

— Ed Langevia, shot in
March 1949 in the gunfight in
which killer Billy Ray Gilbert

was slain in a Buckeye Road

motel.

The only Phoerix police of-
ficer besides Burch killed in
the line of duty until last
night was motorc\cle Patrol-
man Walter Stewart, who died
as a result of a traffic acci-
dent on Feb, 19, 1252.

Stewart, 30, died of head in-
juries after his motorcycle
overturned when a_ truck

driver made a ‘lett turn in
front of him at 20th Street

and

: Phoenix motorcycle officers
have been required to wear
helmets since the accident

that

Washington.

killed Stewart.

stemese wn ee

= ad

eee bee eee

Poli

aN AEOe Sass + eee gme BS vgn

|

'
t.
?
‘

‘ By PAT SABO ¢

ag, de

A young Phoenix( policemar
to death and“his parlner wa
early today while investigat

: Blary.

Officer Gilbert Richard (
was shot and killed, possibl

' own gun. Officer William Dz
‘wounded. The

twe joined

, force in January 1974.

} ’ Investigators said Chavez
- were sent to Engel & Hoski

. Exchange,

Inc., 2034 W. J

- investigate. an apparent b

.
€

|

' he entered an.

progress.

CHAVEZ IS believed to
confronted by at Jeast one
open doo

" sri Sahl uttcle Malle SAD Wit os

LAVEENGE, walltan, sity 2b. spree Arize Se Pe (tarscopa "1-8-1926,

i Ct U

AJ UT < < Clr ats Gd

guard for the night. Ballistic
and. other identification ex-
perts went to work on it this

a‘ ‘morning.

tape was. .

ayed over
iix Police
ctives lis-
> clue.

night-long

after the
1 Phoenix -
and .

nan,
1er police
‘ute to the

: last dra-
the life of
iluhm, 40,

down by’

a camper
enue, just

d the offi- “

2 national
help - ur-
the dis-
of ‘‘what’s
‘on.
scratched”
2et of the
1 the field
hundreds
‘ens about

“continued... 5

rt and! to~:

e being:

other units
ot on over-
» sift the
thers were
vime today

one call
ng the de-.

ding down

‘s checked. .

zeal also
<s to which
right have

ith people

hecked out
- the night
units.
rolman
led motor-
the police

THIRTY detectives, in a
dition to the usual homicide
squad were assigned to the

’ ease. Another 45 field officers

worked overtime at the end
of their shifts.

Officers found there were -

; : (Phoenix

garbles in the tape, and kept
listening — for something or
nothing.

Police Chief Lawrence Wet-
zel stopped in the Detective
Bureau during the night, and
was heard to remark, ‘‘We’re
in bad shape... nothing to go
a: SP id

Records show the double cf-
ficer deaths last night were
the first in line of duty since
Haze Buren, 41, was gunned
down Feb. 5, 1925, when he

arrested two men he spoited- .

stealing ‘gascline in the 700

“ Block of Kast Jefferson. He

was shot while putting hand-
cuffs on one of the men: ™

THE PAIR, A. S. “Babe”
Lawrence,’. and his brother,

Bill, were fugitives from Okla-
homa. Bill Lawrence was

hanged at Arizona State Prison

an s brother sentenced to
prison in

Slaying. -

— "Bureh-1 was ° the: ithe oe
Phoenix attorney Frank Haze.

Burch and had been East
Phoenix precinct constable,
and candidate for the Repub-

lican nomination for Maricopa ~
County sheriff in the previous:

exXaS [or another’

whippings:
The count for 1969 was 524
assaults with, 198 injuries, and

in ‘1968 it was 368 assaults, 156.

injuries.

The upswing in obstructing
officers and assaults has been

Ried with guns and stl
uns, eae growing contempt of court

en ee a the

~

_TUESDAY, DECEMBER 29, 1970

“stiributed by male to the

practices and leniency, and
bail-bond practices.

Colleagues | know Officer
Bluhm as a dedicated man— -
he. was clutching the micro-
phone in his dying hands.

Crime Drops -

10% Fresh rsh '76 Level

MAY 231

Crime dropped 10 per ban in f city

cent rien: 14,936 in 1976 to 13,173 for the

_ for the first four months this year com. first four months of 1977.

' pared to the same
: reported. jm

According to
today,
, Phcenix from January to

year, a drop from 24,941 for the same

' period a year ago.

Major crimes showing a decrease in-
‘clude: aggravated assault, down 13 per
’ cent from 764 a year ago to 668 this
‘year; burglary, a drop of 9 per cent
from 7,421 last year to 6.729 this year:
land theft which decreased by 12 age

primary election. He had been

on the force two years.
Motorcycle Patrolman Wal-

duty Feb. 19,

ter Stewart died while on |
1952, when a:

truck driver made a left turn |

in front of him at 20th Street

and Washington. Since that-

time, motorcycle officers have <

been required to wear protec-

- tive helmets. bas
OTHER OFFICERS have

Been shot and wounded in line
of duty in the past years.

'. There have been 359 cases
of assaults on police officers
so far this year with injuries

in 139. Most injuries are in

22,546 crimes were reported in

976 police Crimes thowing an increase from last

yeur are: murder, up from 16 to 27 for.
an increase of 69 per cent compared to
the same period last year; rape, which
climbed 13 per cent from 83 last year to
94 this year; robbery, a jump of 18 per
cent from 170 to 20%: and auto theft,

whicn rose 2 per cent from 1,246 a saad
ago to 1,269.

Police Research and Development Bu-
reau statistics show an increase in total
population from 669,800 a year BGO to
681,060 this dul

released

April this

wn MB ee eee

POG ott yienig r+

90 201 PACIFIC REPORTER (Ariz,

ing statute. 2 Sutherland on Stat. Const, 8
405. Such adoption takes the adopted statute
as it exists at the time of the passage of the
adopting act. * * *”

In Savage v. Wallace, 165 Ala. 572, 51
South. 605, it was said:

“There is a class of statutes, known as ‘ref-
erence statutes,’ which impinge upon no consti-
tutional limitation. They are statutes in orig-
inal form, and in themselves intelligible and
complete—‘statutes which refer to, and by ref-
erence adopt, wholly or partially, pre-cxistizg
statutes. In the construction of such statutes,
the statute referred to is treated and consid-
ered as if it were incorporated into and formed
a part of that which makes the reference. The
two statutes coexist as separate and distinct
legislative enactments, each haying its appoint-
ed sphere of action; and the alteration, change,
or repeal of the one does not operate upon or
affect the other.’ ”

See State v. Tausick, 64 Wash. 69, 116 Pace.
651, 35 L. R. A. (N. S.) 802; Hutto v. Walk-
er County, 185 Ala. 505, 64 South. 313, Ann.
Cas, 19161, 372.

The adoption of the general election law
by reference, as is done in section 4, is then
unquestionably legislation requiring not only
the co-operation of the two houses of the
Legislature, but the Governor of the state,
in order to be effective.

The Oregon Constitution, art. 17, § 1, is:

“Any amendment or amendments to this Con-
stitution may be proposed in either branch of
the legislative assembly, and if the same shall
be agreed to by a majority of all the members
elected to each of the two houses, such pro-
posed amendment or amendments shall, with
the yens and nays thereon, be entered in their
journals and referred by the Seerctary of State
to the people for their approval or rejection,
at the next regular general election, except
when the legislative assembly shall order a
special election for that purpose.”

It will be ohserved that the manner of sub-
mitting the proposed amendment to the peo-
ple is very much like ours. Our Legislature
is authorized to “call” a special election,
whereas the Oregon legislative assembly is
authorized to “order” a special election. It
is interesting to note that the legislative as-
sembly of Oregon by separate act submits
propositions to amend its Constitution to the
people. At a special session of the Legisla-
ture of Oregon held in January, 1920, sever-
al proposed amendments to the Constitution
were agreed to by the legislative assembly.
Subsequently at the same session chapter 35
of the General Laws of Oregon of 1920 was
enacted, with an emergency clause calling a
special election to he held on May 21, 1920,
concurrently with the general primary elec-
tion to vote upon the proposed constitutional
amendinents, and also some statutes. Later,
in State v. Rathle (Or.) 199 Pac. 169-177,
the constitutionality of one of the amend-
ments voted upon and approved at the spe-
cial election was raised, and the court said:

“The power of the Legislature to submit the
constitutional amendment to a vote at the spe-
cial election is clear; article 17 of our present
Constitution expressly so provides.”

Thus the Legislature of Oregon, as well
as its highest court, recognized that the or-
dering of a special election to vote upon
amendments to the Constitution and provid-
ing *cr the manner and method of holding
ithe election were legislation.

{1] If there be appended to a proposed
amendment by the Legislature any measures
ressentially legislative or statutory in char-
aize~, it must be submitted to the Governor
for his approval before it can become a law.
Warfield v. Vandiver, 101 Md. 78, 60 Atl. 538,
4 Ann. Cas. 692; Nesbit v. People, 19 Colo.
441, 30 Pac. 221. Chapter 85 took the ordinary
course in enacting a law. It was presented
to and spproved by the Governor.

Who‘her the adoption by reference of the
ene: . election law concerning initiative and
referendum measures (title 22, ec. 1, Civ. Code
1913) icludes the chapter of the Civil Code
upor sistration’ of voters, it may be doubt-
ed. it does, it is not possible to comply
thei. th. Under the statute the period of
regisi:ation is from May 1st to October 15th
on even years only. Paragraphs 2880, 2883,
Civil Code, If in adopting the general elec-
tion lnw, supra, it was the purpose to con-
fine the voting to those upon the great regis-
ter, which closed October 15, 1920, it would
result in denying a large number of persons
entitl to vote the right or privilege of ex-
press 5 their wishes upon the proposed
amendment to the Constitution. It must be
true ‘iat a great number of persons, both
men .d women, since last October, haye,
by resson of arriving at voting age, or by
reason of residence, become entitled to vote
upon this measure. Under the statute such
perso:.s cannot vote unless they are register-
ed. Ts ragraph 2901, Civil Code. If electors
entitled to vote have an opportunity to regis-
ter and fail to do so, they may not reason-
ably complain. They should, however, be
given an opportunity to register before they
are disfranchised. The statute (paragraph
2879) provides that every citizen of the Unit-
ed States, 21 years of age or over, who shall
have become a resident of the state one year
next preceding the election, and of the coun-
ty and precinct In which he claims the right
to vote 50 days, shall be deemed to be an
elector of the state and entitled to register
for the purpose of voting at all elections
which are now or may be hereafter author-
ized by law. In the nature of things it is
impossible to preserve the rights of the citi-
zens of the state who have become eligible
voters since the close of the last registration,
and yet under the statute they are entitled
to register and vote at all elections. Perry
v. Whitaker, 71 N.C. 475; Capen v. Foster,
12 Pick. (Mass.) 485, 23 Am. Dee. 632. So it

may be said that the adoption of the general

ae

Ariz.) LAUTARIO v. STATE 91
(201 P.)

law on elections by reference to guide the
special election on the proposed amendment
to the Constitution is not only legislation,
but in its ultimate results it is vicious legis-
lation. Its effect in excluding from: the great
register those entitled to be thereon, as was
said in Perry vy. Whitaker, supra, “was mani-
festly a fraud upon the popular vote, al-
though doubtless no fraud was intended.”
Article 21 in one place provides that pro-
posed amendments to the Constitution shall
be submitted “to the vote of the people.”
This all-inclusive proposition certainly ex-
tends to all those persons who are “entitled
to register for the purpose of voting at all
elections.”

The plaintiffs cite subdivision 11 of section
1, art. 4, of the Constitution, as governing
the mode of procedure of special elections
called for the submission of proposed amend-
ments to the Constitution. That subdivision
reads as follows:

“The text of all measures to be submitted
shall be published as proposed amendments to
the Constitution are published, and in submit-
ting such measures and proposed amendments
the Secretary of State and all other officers
shall be guided by the general law until legis-
lation shall be especially provided therefor.”

[2] The clear purpose of subdivision 11 was
to supply a guide to the Secretary of State
and other officers in submitting measures and
proposed amendments during the interim be-
tween the adoption of the Constitution and the
time when the Legislature should meet and
pass laws especially providing the machinery
for holding elections on measures and pro-
posed amendments. Chapter 1, tit. 22, Civil
Code 1913, passed in 1912, especially provides
how and when elections on such measures
and proposed amendments may be had, and
since its passage it, and not subdivision 11,
is the guide to the Secretary of State and
all other oflicers in submitting such meas-
ures and proposed amendments.

[3] Under the law, unquestionably section
4 of chapter 85, which calls for a special
election on November 8, 1921, and provides
how such election shall be held and who shall
be entitled to vote thereat as well, also the
form of the ballot, is legislation, and subject
to the referendum under subdivisions 1 and
2, § 1, art. 4, Constitution.

(4] If section 4 had been entirely omitted
from the proposed amendment, it would have
gone to the next general election as a mat-
ter of course, and, since the time designated
in section 4 has, or will have, passed, and
the date therein for the special election be-
come an impossible date, the proposed amend-
ment must necessarily take the natural
course,

We do not deem it necessary to register
our conclusions upon other points made in
the pleadings and in the argument, having

held that section 4'1s subject’ to the referen-
dum.

ROSS, C. J., and McALISTER and FLAN-
IGAN, JJ., concur.

LAUTARIO v. STATE. (No. 509.)
(Supreme Court of Arizona. Oct. 19, 1921.)

1. Homicide ¢=>237—Evidence held insufficient
to show insanity.

In a prosecution for murder, evidence that
defendant attempted to commit suicide by tak-
ing poison, and as a result was spasmodie and
had paroxysms of vomiting, is not sufficient to
establish his insanity at the time of the crime.

2. Criminal law ¢=761(2)—Instruction assum-
ing facts not in record should not be given.
Requested instructions assuming a state of
facts which do not exist in the record should
not be given,

3. Homicide @=>294(1)—Mere attempt of ac-
cused to commit suicide held not to justify
instruction as to sanity.

In a prosecution for murder, a mere at-
tempt by accused to commit suicide after com-
mitting the crime is not sufticient evidence to
submit by instruction the issue of his sanity to
a jury:

4. Homicide €=>27—Instruction that if, from
evidence, jury had reasonable doubt as to
sanity of defendant, they should acquit, held
erroneous.

In prosecution for murder, an instruction
that, if the jury entertain a reasonable doubt
as to the sanity of the accused at the time of
the commission of the crime, they should ac-
quit, does not correctly state the law, since
the question of his guilt depends on his abil-
ity to distinguish between right and wrong.

5. Criminal law €=>1169(4)—Misconduct of at-
torney during trial, in order to be available
On appeal, must appoar in the record.

Misconduct of attorney in abusing defend-
ant must appear in the record, in order to be
available on appeal.

6. Homicide ¢€—=354—Held that death penalty
was not excessive.

In prosecution for murder committed delib-
erately and without legal justification, held,
that death penalty was not excessive,

Appeal from Superior Court, Maricopa
County; R. C. Stanford, Judge.

Ricardo Lautario was convicted of murder,
and appeals. Affirmed.

W. J. Fellows, of Phoenix, for appellant. -

W. J. Galbraith, Atty. Gen., and R. BE. Le
Shepherd, Co. Atty., of Phoenix, for the State.

ROSS, C. J. The appellant appeals from
the verdict and judgment of conviction of

¢€—For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

‘2261-1 (edoopzeq) eucztazy pofuey *¢z Sopuedsty “paeoty ‘OTUMZAVI


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PROS TES PTLUR ECS ty

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Buiilshiakl

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92 201 PACIFIC REPORTER (Ariz,

murder in the: first degree entered against
him on the 8th day of lebruary, 1921, in the
Superior court of Maricopa county. The
jury in its verdict fixed the punishment at
death, and the court thereupon sentenced
the appellant to be hanged on the 21st day of
April, 1921, at the state penitentiary. The
errors assigned by appellant are four in num-
ber, as tollows:

“I, That the verdict and judgment are con-
trary to the law and evidence in this: hat at
the time of the commission of the crime the
evidence shows that defeudant was not ration-
al, but was beyond doubt insane and unable to
comprehend the wrongfulness of his act, and
incapable of forming a criminal intent.

“I. That counsel for the prosecution were
guilty of misconduct during the course of the
trial and during the argument, neither of which,
when once placed before the jury, could have
been cured by rebuke or admonition from the
court.

“II. The court erred in refusing an instruc-
tion on insanity offered by the defendant.

“IV. That the sentence is excessive and is
too severe in this case.”

[1] We have carefully examined the tran-
script of the testimony, and especially that
part of it appellant cites and relies upon to
sustain the proposition contained in his first
assignment, to wit, “that defendant was not
rational, but was beyond doubt insane,” ete.
There is not an iota of evidence to sustain
this assignment. All the testimony appellant
claims sustains the proposition pertains to
his acts and conduct and condition after he
had taken the life of the deceased and not
before. When appellant was apprehended, a
short distance from the place where he in-
flicted the mortal wound that killed deceased,
he showed symptoms of poisoning, and stated
that he had taken strychnine. Witnesses
testified that he was having paroxysms of
vomiting, and was spasmodic when found and
for a time thereafter; and it is these things
or acts appellant claims as evidence of in-
sanity, together with the fact that he at-
tempted to commit suicide. It was upon such
evidence that appellant asked the court to
instruct the jury on the question of insanity,
the refusal of which he makes his third as-
signment.

{2,3] The instruction so requested is in
the following language:

“You are instructed that all the evidence
tending to prove insanity of the defendant is
to be weighed by. you in your deliberations, and
that the fact that the defendant attempted to
commit suicide must be weighed along with
other facts tending to prove insanity of the de-
fendant at the time of the commission of the
crime, and after due deliberation, if you enter-
tain a reasonable doubt as to the sound mind
of the defendant at the time of the commission
of the crime, you will return a verdict of not
guilty.”

It is elementary that instructions must be
based upon the evidence. Requests assuming

a state of facts that do not exist in the record
should never be given. We do not under-
stand that the mere attempt to commit sui-
cide by appellant would be evidence justify-
ing the court to submit the issue of his san-
ity to a jury. Hopkins y. State, 4 Okl. Cr.
194, 108 Pac, 420, 111 Pac. 947. We think it
would have been error for the court to have
given the requested instruction, in the ab-
sence of some evidence on that issue. Mitch-
ell vy. State, 52 Tex. Cr. R. 37, 106 S. W.
124; State v. Gruber, 19 Idaho, 692, 115
Pac. 1; Hulsey vy. State, 111 Ark. 510, 164
S. W. 273; State v. Buonomo, 87 Conn, 285,
87 Atl. 977.

[4] The instruction was properly refused
for another reason. It fails to correctly
state the law. It is not enough that the jury
“entertain a reasonable doubt as to the
sound mind of the defendant at the time of
the commission of the crime.” They must
entertain a reasonable doubt of his ability to
distinguish between right and wrong as ap-
plied to the act involved.

“The authorities are unanimous in declaring
that weakness of, or deficiency in, any one of
the mental functions, is not of itself sufficient
to excuse the perpetrator of a criminal act.
The ancient and generally accepted test for de-
termining the punishability of one taking life
is the capacity to distinguish right from wrong.”
13 R. ©. L, 710, § 10.

(5] The second assignment is based upon
misconduct of the attorneys for the prosecu-
tion during the course of the trial and during
the argument. The appellant fails to point
out anywhere in the record any fact what-
ever to sustain this assignment. He asserts
in his brief that the attorney for the prose-
cution “abused the personality of defendant,
calling him a dirty dog and a skunk.” ‘This
language, if uttered by the attorney, is not to
be found in the record, and we have only
the assertion of the appellant that it was
used. If the prosecution was guilty of any
misconduct, this court would have to insist
that it be evidenced in a more regular and
solemn wa, ‘han the mere statement of ap-
pellant in his brief,

[6] Turning to the fourth and last assign-
ment, we give a succinct statement of the
facts of the case in refutation of the propo-
sition therein contained:

The appellant and the woman he killed,
Adelina Sosa de Barillos, had been living for
several months in illicit relations, and were
so living in 1 tent as cotton pickers on the

O’Neil ranch, about 7% miles northwest of
Phoenix, Ariz., on the 4th day of November,
1920, wher xy had a quarrel and the ap-
pellant lett. Three days later, on the 7th

day of Novenber, the appellant saw the de-
ceased in th. city of Phoenix, and, according
to his tesi scny only, she was with O'Neil,
the ranch: The defendant procured a
knife (a b cher knife made over, with a

-y?

Ariz.) EX PARTE SANDERS 98
(201 P.)

pointed, stout, blade about six inches long)
and returned to the ranch, to seek recon-
ciliation with the woman. He stated she
turned him down and refused to have any-
thing more to do with him, that he waited at
her bedside, she being in bed, in the tent,
from 3 o’clock until 5:30 o’clock in the morn-
ing of November 8, 1921, and, becoming con-
vinced that the woman would have nothing
more to do with him, he put the knife to
her right temple with his left hand and drove
it into her brain with his hand. He then
ran out into the cotton field about 100 yards
from the tent, took a dose of strychnine, and
was later found by ranch hands, The scream
of the deceased, at the time she was stabbed,
awakened her brother, sleeping at} the foot
of her bed, and she embraced him saying,
“Ricardo has killed me.” The knife was re-
moved from the woman’s head at St. Joseph’s
hospital the same day, and the woman died
that evening.

From the facts we are not surprised that
the jury returned the verdict inflicting the
death penalty. It would be difficult to con-
ceive of a more cold-blooded, atrocious mur-
der than the facts show in this case. The
only excuse the appellant gave for taking the
woman’s life was that she had refused to live
with him any longer. This in law was no
excuse. The jury saw in his conduct the
highest culpability, and came to the conclu-
sion that the law demanded the infliction of
the highest penalty, and we think rightly so.
The record discloses that the appellant had
a fair trial, and that the court’s instructions
to the jury submitted the issues according to
the principles of law governing in such cases.

The judgment of the lower court is af-
firmed.

The date, April 21, 1921, originally fixed
for appellant’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.

Ex parte SANDERS,
STATE v. SANDERS.
(No, 505.)
(Supreme Court of Arizona. Oct. 19, 1921.)

!. Habeas corpus 92 (1)—Legality of impris-
onment determined on habeas corpus.

Under Pen, Code 1913; § 1859, subd. 7,
Providing that, if it appear on the return of the
writ of habeas corpus that the petitioner has
been committed on a criminal charge without
reasonable or probable cause, he may be dis-

charged, the legality of imprisonment may be
determined on habeas corpus.

2. Embezzlement ¢=>15—Partnerships not In-
cluded within statute enumerating persons
liable for embezzlement.

Pen. Code 1913, § 503, enumerating per-
sons who can be guilty of embezzlement, and
further including any “person otherwise in-
trusted with or having in his control property
for the use of any other person,” does not in-
clude partners, as a partner combines in him-
self at once the character of principal and
agent.

Appeal from Superior Court, Santa Cruz
County; W. A. O’Connor, Judge.

Application of Lon Sanders for a writ of
habeas corpus. From an order discharging
the petitioner, the State appeals. Affirmed.

W. J. Galbraith, Atty. Gen., and Arthur H.
De Riemer, Co. Atty., of Nogales, for the
State.

S. F. Noon, of Nogales, for respondent.

ROSS, ©. J. This is an appeal from an
order of the superior court of Santa Cruz
county, made in a habeas corpus proceeding
discharging the petitioner, Lon Sanders, from
custody, and is prosecuted by the state un-
der subdivision 7 of section 1227, Civil Code
1913. The petitioner, after preliminary trial
before committing magistrate in said coun-
ty, had been regularly held to answer the
charge of embezzlement. In his petition for
a writ of habeas corpus the illegality of his
imprisonment was alleged to be that he was
committed without reasonable or probable
cause, and as a part of his petition the testi-
mony taken at the preliminary was made an
exhibit. It appears from the testimony taken
at the preliminary that the funds the peti-
tioner is alleged to have embezzled were the
property of a copartnership of which he was
a member. The Attorney General therefore
states:

“The sole question presented by this appeal
is whether a partner may be tried and convicted
under the Penal Code of this state for the em-
bezzlement of partnership funds.”

On this question we have only the view
point of the Attorney General; the petitioner
failing to make any appearance.

{1] The writ of habeas corpus was sought
by the petitioner under subdivision 7 of
section 1859 of the Penal Code, wherein it is
provided that, if it appear on the return of
the writ of habeas corpus that the petitioner
has been committed on a criminal charge
without reasonable or probable cause, he may
be discharged. The right to have the legality
of his imprisonment thus determined is well
settled by the following. cases: Ex parte
Sternes, 82 Cal. 245, 23. Pac. 38; Ex parte
Vice, 5 Cal. App. 153, 89 Pac. 983; Ex parte

Baugh, 30 Idaho, 387, 164 Pac. 529.

lor other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes


a A Ah BA

eancrrasit

810 Ariz,

STATE v. MACIAS,
No. 925.

Supreme Court of Arizona.

Dec. 7, 1942.

1. Criminal law C48
To establish defense of “insanity” it
must be clearly proved that at time of com-
mitting of the offense accused was la-
boring under such a defect of reason from
disease of the mind as not to know the na-
ture and quality of the act he was doing
or if he did know it, that he did not know
he was doing what was wrong. Code 1939,
§ 44-1701.
See Words and Phrases, Permanent
Edition, for all other definitions of
“Insanity”.

2. Homicide €2294(1)

In murder prosecution with defense of
insanity, court properly instructed jury that
although accused might have been labor-
ing at time of alleged homicide under “par-
tial insanity” in that he might have been
suffering from some insane delusion and
hallucination or some loss of memory, oF 1
at the time he was actuated by some pas-
sion, hatred or anger, or if he lacked nor-
mal development of moral sensibilities, he
was responsible for his acts if he under-
stood at time of commission of the homi-
cide that his acts were wrong. Code 1939,
§ 44-1701.

See Words and Phrases, Permanent

Kuition, for all other definitions of

“Partial Insanity”.

3. Homicide C179, 270

In murder prosecution with defense of
insanity, testimony of a lay witness who
has had opportunity of observing the past
conduct and history of defendant is as ad-
missible on question of whether defendant
was legally insane at time he committed the
act involved as that of a medical witness,
the weight to be given to such testimony
being for triers of fact. Code 1939, § 44-

1701.

4, Criminal law C248
That accused was an introvert did not

show legal “insanity” as an excuse for

crime. Code 1939, §§ 44-1701.

5. Criminal law C=48

That some of accused’s acts were such
as the average man would not commit did

131 PACIFIC REPORTER, 2d SERIES

not show legal “insanity” as an excuse for
crime. Code 1939, § 44-1701.

6. Homicide €=27

A defendant charged with murder who
had finished the common school course with
reasonable credit and had spent some time
in the high school apparently leaving it
voluntarily and not because of a failure to
keep up with his work would not neces-
sarily be classed automatically as an “idi-
ot”, “imbecile”, or even a “low grade mor-
on” not capable of understanding the na-
ture of his acts and the consequence there-
of, so as to be relieved from responsibility
for crime. Code 1939, §§ 44-1701.

See Words and Phrases, Permanent
Edition, for all other definitions of
“Tdiot”, “Imbecile’, and “Low Grade
Moron”,

7. Homicide €=270
In murder prosecution with defense
of insanity, whether accused was “sane”
within legal meaning of term so that ac-
cused could differentiate between right and
wrong was for jury. Code 1939, § 44-1701.
See Words and Phrases, Permanent
Edition, for all other definitions of
“Sane”.

8. Criminal law C@1171(1)

In prosecution for murder in the first
degree, county attorney’s statement to jury
that if in fixing penalty jury should de-
termine on life imprisonment, probabili-
tics were that actual service would only
be a few years was not prejudicial.

9. Criminal law ©1037(2), 1055

An assignment of error relating to
county attorney’s remarks would not be
considered where no exceptions were taken
to remarks at time of trial and no request
was made that court instruct jury to dis-
regard them.
10. Homicide 237

Evidence sustained conviction of mur-
der in the first degree in perpetration of a

robbery, as against claim of insanity. Code
1939, § 44-1701.

——E

Appeal from Superior Court, Pima
County; Wm. G. Hall, Judge.
Elisandro Macias was convicted of mur-
der in the first degree, and he appeals.
Affirmed.

STATE vy. MACIAS Ariz. 811
131 P.2d 810

Greg Garcia, of Phoenix, for appellant.

Joe Conway, Atty. Gen., W. E. Polley,
Asst. Atty. Gen., and J. M. Johnson, Co,
Atty., of Tucson, for appellee.

LOCKWOOD, Chief Justice.

Elisandro Macias, defendant, was in-
formed against by the county attorney of
Pima County, for the crime of murder in
the first degree. Before the case was set
for trial, defendant’s attorney filed an af-
fidavit with the court claiming that de-
fendant was unable on account of his men-
tal condition to properly defend any action
brought against him. § 44-1701, A.C.1939,
The matter was heard and a large amount
of testimony was taken, after which the
court held that defendant’s mental condi-
tion was not such that he was unable to
properly assist in the defense of the ac-
tion.

The case came on for trial on the main
issue before a jury. It was not disputed at
the trial that defendant had killed one
Abdo Hage by stabbing him to death with
a knife. Defendant himself took the stand
and freely admitted the killing, but gave
as an excuse therefor that the deceased
had insulted defendant’s mother by refer-
ring to her in an approbrious manner and
that this conduct alone was the cause of
the killing. The state, on the other hand,
offered evidence tending to show that de-
fendant had gone to the store of the de-
ceased for the purpose of robbing him, and
had killed him while engaged in such a
robbery.

The chief defense, however, was that de-
fendant at the time of the killing was in-
sane, and much testimony was offered by
both the state and defendant upon this
point. The jury, by its verdict, determined
that defendant was sane, and that the mur-
der was in the first degree, and fixed the
penalty at death, whereupon this appeal
was taken.

There are four assignments of error
which we will consider in their proper or-
der. The first is that the instructions of the
trial court in regard to the defense of in-
sanity were erroncous, ambiguous and con-
fusing. The particular instruction object-
ed to reads as follows:

“* * * Although he may have been
laboring at the time of the alleged homicide
under partial insanity, as, for instance, suf-
fering from some insane delusion and hal-
lucination, or some loss of memory, or if
at that time he was actuated and impelled

by some passion, some hatred, some anger,
some revenge which caused him to commit
the alleged homicide, or if he simply lacked
normal development of his moral sensibili-
ties so he had slight regard for human life
—as I say,.even though he was suffering
from, or influenced by, or impelled by any
and all of those things, or things of a sim-
ilar nature in the commission of the alleged
homicide, still, being so impelled and in-
fluenced, if he understood at the time of the
commission of the alleged’ homicide, or the
other acts alleged—if you believe beyond a
reasonable doubt that the defendant com-
mitted those acts—still, if he understood
and appreciated the nature and character of
his action and its consequences; and if he
had knowledge that his-acts were wrong
and criminal, and in violation of law, and
that they might subject him to punishment;
and if he knew that if he did the acts he
would do wrong, then and in.that event he
is responsible for his acts, and such partial
insanity, such passion, such hatred, such
revenge, such moral insensibility, or the
like, if he was actuated by any such, would
not be sufficient to relieve him from the re-
sponsibility of his criminal act.”

[1] The question as to the nature of the
insanity which will excuse a man from re-
sponsibility to the criminal Jaw for the con-
sequence of his act has been before the
courts many times, and there is consider-
able conflict of opinion upon the subject.
This difference is probably due tothe fail-
ure on the part of certain courts to dif-
ferentiate between “insanity” as a legal
term in criminal law, and “insanity” as a
medical term. So far as the latter is con-
cerned, the situation is “confusion worse
confounded”. Medical experts discuss con+
genital, delusional, emotional, moral and
recurrent insanity, with the various sub-
divisions of dementia praecox and senile
dementia, hallucinations, illusions, irresisti-
ble impulse, and a hundred others until one
is almost tempted to say with the Quaker,
“All the world is queer except thee and
me, Betsey, and sometimes thee’s a little
queer”. The theories of free will and de-
terminism, with the various deductions
which may be made therefrom are subjects
of discussion for philosophers, but the
courts in applying principles of law must.
necessarily have some definite standard of
comparison which is practical and work-
able in its nature. Whatever we may say
as to the theoretical question, every man
regulates his entire life on the presump-

*CNé6t-L2-7 (ewtd) euoztay peqetxtydse Suvotieuy-ueoTxey SorpuestTy ‘SVIOVW


812 Ariz.

tion that he has free will to act, and the
law must necessarily assume and act upon
the presumption that every man with
knowledge of the facts has the power to de-
cide between different possible courses of
action. In determining whether one ac-
cused of crime is relieved of the conse-
quences thereof by mental aberration, the
vast majority of the courts have very sen-
sibly acted upon this theory and have enun-
ciated a test, clear and simple in principle,
which affords a definite yardstick to apply
to the frequently voluminous, confused and
contradictory testimony which is presented
to the triers of fact. The leading case up-
on this subject, and the one which is cited
in practically every well reasoned opinion
determining the test of insanity, is M’Nagh-
ten’s Case, 8 Eng. Reprint, 718, which uses
the following language:

“* * * that to establish a defence on
the ground of insanity, it must be clearly
proved that, at the time of the committing
of the act, the party accused was labouring
under such a defect of reason, from disease
of the mind, as not to know the nature and
quality of the act he was doing; or, if he
did know it, that he did not know he was
doing what was wrong. © The mode of
putting the latter part of the question to
the jury on these occasions has generally
been, whether the accused at the time of
doing the act knew the difference between
right and wrong: which mode, though
rarely, if ever, leading to any mistake with
the jury, is not, as we conceive, so accurate
when put generally and in the abstract, as
when put with reference to the party’s
knowledge of right and wrong in respect
to the very act with which he is charged.
If the question were to be put as to the
knowledge of the accused solely and ex-
clusively with reference to the law of the
land it might tend to confound the jury,
by inducing them to believe that an actual
knowledge of the law of the land was es-
sential in order to lead to a conviction;
whereas the law is administered upon the
principle that every one must be taken
conclusively to know it, without proof that
he docs not know it. If the accused was
conscious that the act was one which he
ought not to do, and if that act was at
the same time contrary to the law of the
land, he is punishable; and the usual
course therefore has been to Icave the
question to the jury, whether the party ac-
cused had a sufficient degree of reason to
know that he was doing an act that was
wrong: and this course we think is cor-

131 PACIFIC REPORTER, 2d SERIES

rect, accompanied with such observations
and explanations as the circumstances of
each particular case may require.

“The fourth question which your Lord-
ships have proposed to us is this: ‘If a per-
son under an insane delusion as to existing
facts, commits an offense in consequence
thereof, is he thereby excused?” To which
question the answer must of course depend
on the nature of the delusion: but, making
the same assumption as we did before,
namely, that he labours under such partial
delusion only, and is not in other respects
insane, we think he must be considered in
the same situation as to responsibility as
if the facts with respect to which the delu-
sion exists were real. For example, if un-
der the influence of his delusion he sup-
poses another man to be in the act of at-
tempting to take away his life, and he
kills that man, as he supposes, in self-de-
fence, he would be exempt from punish-
ment. If his delusion was that the deceased
had inflicted a serious injury to his char-
acter and fortune, and he killed him in re-
venge for such supposed injury, he would
be liable to punishment.”

The great majority of the states accept
the principles laid down in the M’Naghten
case, supra, as being correct. This is true
in California, Colorado, Georgia, Idaho,
Illinois; Kansas, Mississippi, Missouri, Ne-
braska, New Jersey, New Mexico, New
York, North Dakota, Ohio, Oklahoma, Ore-
gon, Pennsylvania, South Carolina, Tennes-
see, Texas, Washington and West Virginia.
The majority of the jurisdictions which
have adopted a contrary rule apparently
base it upon the hypothesis, unworkable
practically even if plausible in theory, that
the accused may have no power to act as
between right and wrong, even though he
may have knowledge thereof. As was said
in the case of Eatman v. State, 169 Miss.
295, 153 So. 381:

“The coufts place the general rejection
of the defense of uncontrollable impulse
upon practical grounds. Said our court in
the Smith case, supra [Smith v. State, 95
Miss. 786, 49 So. 945, 27 L.R.A.,N.S., 461]:
‘It is known among medical writers as
lesion of the will. Its peculiarity is said
to be that, while the mental perception 1s
unimpaired, the mind is powerless to con-
trol the will; that while its unhappy subject
knows the right, and desires to pursue it,
some mysterious and uncontrollable impulse
compels him to commit the wrong. This
kind of insanity, if insanity it can be called,

STATE v. MACIAS
131 P.2d 810

though sometimes recognized by respecta-
ble courts, and still oftener, perhaps, by
juries secking an excuse to evade the stern
dictates of the law, is properly rejected by
the authorities generally. The possibility
of the existence of such a mental condition
is too doubtful, the theory is too problem-
atical, and too incapable of a practical
solution, to afford a safe basis of legal ad-
judication. It may serve as a metaphysical
or psychological problem to interest and
amuse the speculative philosopher, but it
must be discarded by the jurist and the
lawgiver in the practical affairs of life.’”

[2] We have previously adhered to the
tule of-the M’Naghten case, supra, in
Foster v. State, 37 Ariz. 281, 294 P. 268,
and Judd v. State, 41 Ariz. 176, 16 P.2d
720, and we see no reason to depart from
it. The instruction complained of, when
tested by this standard, states in language
simple and easily understood by the jury
what type of insanity would and what type
would not relieve defendant from the con-
Sequences of his act, and there was no
error in it.

[3] The next question is as to wheth-
er the evidence would sustain the finding
of the jury that defendant was at the
time he committed the homicide sane, with-
in the meaning of the law as thus set forth.
There were several medical witnesses who
testified upon the subject and a number of
laymen. In cases of this kind the testimony
of a lay witness who has had the oppor-
tunity of observing the past conduct and
history of a defendant is as admissible on
the question of whether he was or was
not Icgally insane at the time he com-
mitted the act in question as that of a
medical witness, the weight to be given to
the testimony being determined by the
triers of fact. 23 C.J.S., Criminal Law, §
867, pp. 78-80, and cases cited.

[4-7] Upon examining the testimony
of the medical witnesses, we think it is
obvious that when they testified in their
opinion the defendant was insane at the
time he committed the homicide, they were
either consciously or unconsciously basing
their answer upon the definitions of medi-
cal insanity, rather than the legal insanity
which is the law of Arizona, while the lay
witnesses for the most part were consider-
ing the legal test of the knowledge of right
and wrong. That the defendant was what
is commonly called an introvert was ad-
mitted by all of the witnesses, but that

RE OO NE IT ek OR EIA MTN Sabet eta

Ariz, 813

does not constitute legal insanity. That
some of his acts were such as the average
man would not commit was also probably
true, but this again does not excuse a man
from the consequences of his violation of
the law. He had finished the common
school course with reasonable, if not ex-
ceptionable, credit, and had spent some
time in the high school, apparently leav-
ing the latter voluntarily and not because
of a failure to keep up with his work.
Under these circumstances, he would not
necessarily be classed automatically as an
idiot, imbecile, or even a low grade moron,
not capable of understanding the nature
of his acts and the consequence thereof.
Certainly we cannot say, as a matter of
law, that the jury was not justified in
finding that he was sane, within the legal
meaning of the term, so as to be respons-
ible for the consequences of his admitted
conduct.

[8] The next question is whether the
county attorney erred in stating to the
jury that if, in fixing the penalty, they
should determine on life imprisonment,
the probabilities are that the actual serv-
ice would only be a few years. We have
held in Sullivan v. State, 47 Ariz. 224, 55
P.2d 312, 318, referring to similar re-
marks ;

“* * * Under the law of Arizona, in

first degree murder cases, the jury fixes the
penalty at either death or life imprison-
ment, in its discretion. The statute does
not prescribe what jurors shall or shall not
consider in the exercise of this discretion.
We think that the probability of a defend-
ant, whose punishment has been fixed by
a jury at life imprisonment, actually hav-
ing to serve the penalty so fixed, is one
of the questions which it is highly proper
for a jury to consider in the exercise of
its discretion, and as was said in the case
of Frady v. People, supra [96 Colo. 43, 40
P.2d 606], under somewhat similar cir-
cumstances: ‘It was a statement of fact,
known to all men, doubtless present in the
minds of the jurors without being men-
tioned.” * * *” and we think the same
rule applies in the present case.

[9] There were other remarks made
by the county attorney which are assigned
as error, but as no exceptions were taken
to them at the time of the trial, and no re-
quest was made that the court instruct the
jury to disregard them, we do not consider
such assignment. Sullivan v. State, supra.


Ey

814. Ariz,

[10] Upon consideration of the whole
record in the case, we think it is singularly
free from legal error. The homicide by
the defendant was unquestioned; his sanity
was determined by the jury upon evidence
sufficient to sustain its conclusion, and
there was evidence which would authorize
it to find that the homicide was committed
in the perpetration of a robbery.

The judgment is affirmed.

McALISTER and ROSS, JJ.. concur.

w
© E Key NUMBER SYSTEM
T

STATE v. PETERS et al,
No. 916.

Supreme Court of Arizona.
Dec. 7, 1942.

1. Criminal law <>1064(8)

Alleged misconduct of jury would not
be considered on appeal from conviction
where particular misconduct was not as-

signed as one of grounds of motion for
new trial.

2. Criminal law €=942(2)

Allegedly newly discovered evidence
regarding impeaching statements made be-
fore testimony under oath by witness used
by the state in rebuttal usually does not
justify a new trial. Code 1939, § 44-2004.

3. Criminal law €958(1)

A motion for new trial on ground of
“newly discovered evidence’ was properly
denied where none of statements presented
was under oath and there was no affidavit
that any witness would at a new trial testify
to the facts contained in the statements.
Code 1939, § 44-2004.

See Words and Phrases, Permanent

Edition, for all other definitions of
“Newly Discovered Evidence”.

4. Criminal law €>1083

A supplemental motion for new trial
on ground of newly discovered evidence
which motion was filed at time when ap-
peal had already been perfected and supe-
rior court had lost jurisdiction of case
for all purposes except such as were in

131 PACIFIC REPORTER, 2d SERIES

furtherance of the appeal was Properly de

nied, since the grant of such MOtion woe:

have taken the appeal out of the jurtsde
tion of the Supreme Court and remandes

it to the Superior Court. Code 1939, § 44
2004.

5. Criminal law ¢={ 134(2)

In criminal appeals the Supreme Coer:
can consider only the record on the case
as it was presented to the trial court.

6. Criminal law €741(1)
The credibility of evidence is for jury

7. Criminal law ©=511(1)
Evidence sufficiently corroborated 2¢-

complice’s testimony to justify convicenes
of burglary. Code 1939, § 44-1819,

8. Witnesses €=344(1)

In burglary prosecution, refusal t
permit defendants’ counsel to cross-exase
ine an accomplice, who had pleaded gusky
to burglary charged, as to accomplice +
confession to burglaries other than the
one involved was not error, where proposed
Ccross-examination was not an offer to preve
a habit of false confessions as tending ta
show that the one made in the case was
false, but an offer to show that accompiits
had been engaged in commission of other
crimes of which he had not been convicte

and was therefore generally unworthy of
belief.

-__——__.

Appeal from Superior Court, Maricaps
County; Dudley W. Windes, Judge. ~=

Donald Peters and another were com
victed of burglary, and they appeal. —

Affirmed,

L. J. Cox and Geo. T. Wilson, both of
Phoenix, for appellants,

Joe Conway, Atty. Gen., W. E. Polley.
Asst. Atty. Gen., and Richard Harless, @
Atty., and Darrell Parker, Deputy Co
Atty., both of Phoenix, for appellee.

LOCKWOOD, Chief Justice.

On May 24, 1941, Donald Peters a
Herb Bechtel, defendants, together wek
one Clarence Hammons, were jointly ™
formed against by the county attorney
Maricopa County for the crime of burgla*¥-
No demand was made for a severam™%
but when the case was called for tf
Hammons withdrew his plea of not §¥
theretofore entered, and pleaded guilty,


ft Set At Capitol

MACTAS, Flisandro, Mex., asphyx. Ariz&P (Pima) l-27-19h3,

Father Takes Home'Services Get
~45 Men Here’.

The ret fo
na estehting torces|t

ARIZONA REPUBLIC

Phoenix, Arizona
Wednesday, April 28, 1943 V
Page 3

lousing MeetiBody Of
FLORENCE, Apr. 27—(AP)—A
few hours after Alisandro Macias
died in the state's lethal #42 cham-
ber today his body was taken home
to Ajo in his father’s pickup truck,
Rosendo, the elder Macias, having

conference on housing—the
pret of a series called by Governor

Qehorn to study postwar planning |come here yesterday with his son's
ad} convene at 10 o'clock this/coffin and best suit of clothes.

morning in the house chambers at) The 22-year-old Mexican slayer

the capitol |of Abdo Hage, Ajo storekeeper,
Principal speaker at the con-|walked the fatal 13 steps to the

ference will be R. O. Barrett, state itiny white cubicle this morning at
for the Federal Housing:€ a, m. after hearing his father

ask him to “die like a man.”
Rosendo, Mexican national who
came to this country in 1915, gave

managet
Administration, ;

Other speakers will be Governor
Qchorn, Howard S. Reed, state di-

rector of the Federal Public Hous-
ing Authority, K. E. Potter, vice-
nracdent of the First Federal Sav-!
lage and Ioan Company, and tne

up hope in the waning hours of a
fight to save his son's life and
Crove the long 140 miles from Ajo
to Florence, bringing the coffin,

Pey kmmet! McLoughlin, O. F. M.,|the suit of clothes, necktie, clean
chairman of the Phoenix Housing |shirt and a new pair of shoes.
ythornits 4
Haut of the conference, according Tonle waa weenie his sad
ie eo rosourres and Binns [SAY back home. ‘The fight to prove
anthe ¢ ' ; ; his son insane was lost. is
ang Board ai todada veermanen {was dead. The State of iene
hirmriee cFimerentptive of publie|/Pad, exacted the aupreme penalty
cate housing agencies, “t ‘i ply if :
a i. oda ing “problems, . ° little Syrian merchant was found
Rev «aid. all organizations, dead in his Ajo store, Alisandro
public arg invited to at-, Macias had undergone three san-
} ity hearings. His conviction § in
the Pima County Superior Court
of first-degree murder had been
ene to. the _— supreme
court. ate yesterday the U. S.
Term A ppealed ‘sistri« court in Phoenix was
MEXICO. DF. Apr. 27 (AP)- asked to grant a writ of habeas
wie Miexpar prison sentence of Jac-|Corpus to permit an appeal on
* Mornard for killing the former|f4nity grounds. And efforts were
wing at leader. Leow Trotsky, made last night to contact a U. S.
) ax was appealed today by, Supreme Court justice through the
; |Mexican embassy in Washington.
| Intense Fight Fails
{that the sentence, imposed, Although there was Waged one
vee ago, was too heavy and that of the most intense fights in the
, ehould have heen sen-|history of the state to save a man
for “homicide commit- from execution, all efforts to have
ret don a quargel. an offense Macias committed to the Arizona
esanaximum penalty of State Hospital for the Insane, or the
onment. , sentence commuted to life, failed.
Vbspinesa y Elenes, prose-| This morning, shortly before
that the verdict, dawn, he was executed after the
h held Mornard guilty of mur-/case had passed through a maze of
cquitted him of dangerous) technicalities since the original
o should have held him sentence was handed down Novem-
the latter charge. Helber 2, 1941, by Superior Judge Wil-
cht tacbayve the sentence. in-|' liam G. Hall in Tueson.
iAaked | Among the last persons to visit
‘ admitted killing;Macias were two Catholic priests,
found refuge in)Father Angel Stebans of Ray and
fleeing from Russia. |Sonora and Father Joseph Jacques,
‘prison Catholic chaplain, of Flor-

Garage Owner ile ies eats
Dies In Phoenix

The youth conversed in Spanish
With the two priests as he ‘quietly

ead MeCaughes, 53 vears| waited his fate.
n a jesvtent of Phoenix eight} As the hour of death drew near,
in’ his home |he became nervous, gripping the
street after an|bars in his strong hands and watch-
months ing intently the faces of those ijn

re Caughey, owner of thelthe death house,
Adams Giraye. alsa had farmed ex-| Just before he started up the
Herc the Salt River valley istairway, Macias turned to his at-
» Vfostock holdings |torney, Greg Garcia of Phoenix,
Heoeas born in Kansas and cameland said jn Spanish:
te Pbevers fram Colony, Kan “Say good-by to my
MiCaughey is survived by| He took the first
‘wo daughters, Mrs./turned to look back. Gaining a
of Columbus, Ga., grip on himself the youth, clad
lLandgraf of 1.08 janly in a pair of prison blue trou-|
and a son, Don of Tucson. |sers, came up the last nine steps
| arrangements are wait-land waited for the yard captain,

je Prxper ted
}

and op

fen
Mir

ard rhe

tend

Trotsky Killer’s

ho oar
bh defense and prosecution.
defense attorney,

\tededlin

argue

mip

mntended

Tenth wha

uw after

ten tr vesterday
Ynet Calter

eral

mother.”

four steps, then
¢ \ ar
ner Bur

Fred

ns

Ire word from Mrs. Burns in| towell Reed, to adjust the heavy
Seer pre wr MceCaughey was aijeather straps which bound | his
her of the Masonic fraternity | wrists to his knees.
PAP SNCLOls Mumbles Last Prayer

Inside the gas chamber, Macias |
sat in the white wooden chair and/
asked the warden, A. G. Walker, |
tc come in and see him

irls Take Roles
Of Men In Play

“ { . .
. Dramatic students of Phoenix pe, Ge i A leh nly ad
Junior College will present a play y ; i '

at 830 p.m. Friday entitled “Mam~ Walker gripped the youth's right

hand and then patted him on the
back before telling him good-hy.
The two priests then stepped in-

Best, Sylvia Smith, Betty Cole,

mas Angel Child.” “The play will
he the first public performance in
Which girls have taken the part of
men,” announced J. N. Smetser,

Murderer

side, Father Angel holding a cruci-
fix in front of Macias as the youth
mumbled a final prayer.

When the priests stepped out-
side, Reed made a last check of the
straps and patted Macias on. the
back before telling him good-by.

Raises Head

Once the heavy steel door had
clanked shut, a cord was cut, re-
leasing 14 sodium cyanide eggs
Into a liquid golution.

At 6:02 a. m., milky fumes of
deadly gas began filling the tiny
room. The eager-eyed witnesses
pressed forward to the glass par-
tition. Two minutes and 25 sec-
onds later Macias’ head fell to his
bare chest. By a great effort he
raised his head once again and
then relaxed into unconsciousness.

Dr. G. H. Walker and Dr. J. B.
Tucker, prison physicians, pro-
nounced Macias dead exactly eight
minutes and 15 seconds after the
first whiff of poison gas struck
his nostrils. ;

Admits Stabbing
Although the prosecution during

+e.
4

claimed 45 mo
being taken 1
going to the navy.

Those inducted by the army are:

—Cecil C,
ia, i, John W.
G. dwin, Ken-
neth L. Allison, Adalberto B. Tolan,
Sam W. Harris, Willis P. Chapman,
Marlin R. Hopkins, Robert D. Hen-
derson, Erwin D, Spitzer, James D.
Sice, Edward F. Muder, Weldon W.

Woodward, Burl F. Combs and Kari
M. West. ' :

Navajo county—Van C. Baldwin,
George C. S. Soo Hoo, Elbert D:
Hatch, penipenin d. Rencher, jr.,
Estel W. Wilkinson, Juan Espitia,
Dewew A. McFarland.

count y—William

ny

eigs, Manuel Q. Romero, J D.
Soto, Jay L. Renta: ag

Mohave county—William K.
Smith. ,

Gila county—Ezra V. Peace.

Pinal county—Allan R. Stewart.

Those inducted into navy training
are Preston S. Stidman, James A.
Atteberry, William A. Caldwell and
John F. Burke, of Phoenix; Conrad

the
lus five per cent f
it remains overdue.

Hearing I

In Killi

Hearing for Joe

old, colored, 1623
street, on
charge in the fatal
soldier yesterday w
a.m. May 6.

a first

Justice Nat. T.

Phoenix Precinct Ju
dered Lewis return

the trial had maintained that P. Willis and Cl :
‘ 1 Clarence R. Ramsay,| out privilege of liber
Macien dunia Hage to rob him Snowflake; Leonard §. Sullivan'| He allegedly fired
slow denied this an ife after |C28& Grande; Charles S. Park, No-|lets into the body of
stabbed Hage with a knife after gales; William K. Yoresen, Hayden;| Turner, 22, colored,
the peed merchant had insulted) Gra 1. Galvin, Aguila; Virgil Muse|in front of Fred's
Hape. Was found -téed” on hig 204 Harold E. Miller, of Douglas,|South 11th avenue,

store room floor with 15 knife

wounds in his withered body.
Macias was captured soon after-

wards when children reported they

had seen him fleeing from the! R e P
scene. esi g ns ost
Stabbed “A Few Times”
Introduced as evidence at the C. D. Lebert, assistant state
trial was a statement taken from|€ntomologist, announced  yester-

Macias that he had gone through
Hage's pockets after killing him.

Macias denied this at the trial!
and said he only remembered knif-|
ing Hage ‘‘a few times".

The slayer's father said this
morning that there was no doubt
in his mind that Alisandro was in-
sane.

According to his parents, Macias
was treated for mental disease in
1940 at the Arizona state hospitai. |

Insanity Claimed

Eulah Lee of Phoenix, who was
a close friend of the family when)
she lived in Ajo and described her
acquaintance with Alisandro as.
being “through religious work”,
said the boy had been known to|
be mentally unbalanced since child-|
hood.

His father said the youth was
unable to finish high school because |
of his mental condition.

At the various sanity hearings
the same opinion had been express- |
ed by I ). L. Blendheim and Dr. |
Jeremiais sAetzger, former super: |
intendents of the Arizona State
Hospitat for the Insane,

Sanity Is Upheld
The hearings in Pinal and Pima,

Entomologist

David Cota, Tucson, and Delhart H.
Harrison, Tempe.
t

Gay that he is resigning this week
to accept a position as field en-
tomologist for a local concern.
Mr. Lebert joined the state agri-
cultural department 13 years ago,
serving for a time at a quarantine
station and as a nursery inspector.
He has been assistant entomologist
for the past 10 years. Before join-
ing the department, he was em-
ployed by the U. S. Bureau of En-
tomology and Plant Quarantine on
cotton pest control work in Ari-
7ONA,

Bond Sale Is Set

The shooting repo

an exchange of w

wo because they

buffet doorway.

Color2

Heads I

General, A. Taylo

stalled commander
Post No. 1710, color
Foreign Wars, it
yesterday by Tom
ment inspector, who
ceremony.

Other officers to

are William Snow,
mander;
vice-commander;
officer of
Swinton,

William

e day, a
djutant
master,

Most of the men
are retired veteran
Infantry, famed cold

By Colored Club

|
The Phoenix Colored Business:
and Professional Men's Club will |
climax its war bond campaign with |
a bond sale at Eastlake Park at 3}
p. m. Sunday, it was announced
yesterday.
The club already has received
ledges totaling more than $50,000,
Jloyd D. Dickey and Omphie B.
Coleman, in charge of the com-
mittee, announced, and the club
expects to top $75,000 at the sale.
A musical program featuring the
364th Tifantry Orchestra will be

Special V
LADI
DIAMON

with three dia
half carat each. Y
low gold setting

White &

county superior courts and a test!" tad :
of several days at the Arizona Presented. 7-9 West
State Hospital for the Insane up-| -——— V—__—_——-
held the youth's sanity, however, Belleau Wood, where U. S. Ma- ——
and he died after every legal re-)rines stopped the Germans in 1918, rs
course had been taken, ;}was purchased in 1924 by a group :

Morelos Gonzalez, Mexican con- of American women.
sul in Phoenix, today said he had) —— — | ee
in January informed Gov. Anselmo! : Ray
Macias of Sonora, Mex. of the Cc '@) N T R @) i A P H | S 8 with ;
case because the parents were Mex- with f 4 respect, * vs
ican nationals He said this is lon '
usual procedure and that his letter | G A R D s N D U S 5 if that. year
to Governor Macias was the first or 2 - €
the Sonoran executive had heard! *y j q render 40
of the.slayer or the case E 4 ¥ 3 R A xX ? R A Y a | cossary

Gonzalez said he had done every- “ ? # ; t

. Cail er Weite '
thing he could in the matter, but FREE Vi ‘ nnd
that now that the execution has EN d
been carried out he has no further! GARD f 3
interest, © \
~V.- :
Word War I has been called an

framatic instructor.

Miambheac. -

Frances Tower, and Eleanor Uhlig.

engineers’ War. hecaure of the creat if


s
eo

Our facilities are always available to anyone wishing to do his own re-
search but we do not have the necessary personal to offer such a service,
nor do we make a charge. However, donations to the society are always
acceptable —- and incidentally, tax deductible.

Sincerely,

an ieee ~ Rol

Alma Ready
Head of Research


Oe UES: ORR Sar ee aretha ara
ecienee,”) Martinez continued, I am
rot afraid to go. But Vlacido Silvas
his no right to be in this prison. I
onee xiid he wag one of those who
made the raid. He was not, }Ie
xnew nothing about it.”

Shows Great Courage

Martinez went to his ead with
luyperb courage, telling repeatedly

turing the few hours which preceded
his execution the story he has clung
to since shortly after his arrest—
that he went with the bandit gang
Pectuse he was threatened with
eath if be refused

‘ Martinez slept well Thursday night
from about 10 o'clock in the evening
until 4 o'clock in the morning, when
Father Vasiel Delgado, a Catholic
pricst of Florence, was admitted to
the cell with him to remain during
the Just hour of life,

When time for the execution drew
neir, Martinez calmly dressed in his
prison clothes, asking permission to
waeh his face in the basin just out-
«ide the death cell before his arms

were bound behind him, He led the
way on the death march up the
harrow stairway to the = gallows,
where he took his position in the
exact center of the trap door through
which he was to fall,

The peculiar pallor which usually
epreids over the face of a con-
demned man could not be seen on
Martinez’ countenance, His eyes
were clear and his features were not
drawn with the anxiety which might
have resulted from long anticipation
of the execution, When he spoke, his
\olow was clear and without manifest
emotion. We protested slightly when
an effort was made to drop a black
mask over his face prior to the ad-
justing of the rope about his neck,
but a word from Father Delgado
hushed his protest.

Trap Sprang at 5:24

Then, with everything in readi-
ness, he stood at rigid attention
awaiting the signal which was to
send him to eternity. Suddenly, at
fov4aco., the signal came. The trap
door dropped with a loud clatter, and
Martinez dangled, unconscious, with
neck broken and. without a struggle.
Eleven minutes late he was cut
down, and his body carried to a pine
board coffin which waited in a pris-
on passageway not more than 15 feet
from where he had died.

The top to the coffin was naijed
down, a small delivery truck drew
up to an outside door, the box was
loaded in it and was carried, un-
Claimed, to the prison cemetery out-
side the walls for interment.

Martinez maintained the attitude
of complacency which had marked
his actions during tHe entire time
that he has been accused of the
crime which ended with his death.
Even while prison officials, partic-
ularly Warden R, B. Sims, were
making last efforts to be sure no
intervention had risen in Martinez’
behalf, the condemned man was
calmly sleeping.

Last Hope Is Gone

An hour before the scheduled time
of the execution yesterday, Warden
Sime called Gov. George W. P. Hunt
by long distance to ask if “anything
has come up for Martinez.” Receiv-
ing A negative reply, he replaced the
receiver, but an instant later got

(Continued on Page 8)

Ne wes CaAUeYG tO TAKSG
himself the guidance of the nation,
was no light trial for the new chief
magistrate who has spared “himeelf
neither strain nor late hours in per-
sonally directing a nation's tribute to
a stricken leader. But except for a
slight fatigue he seemed none the
worse for the journey. ,

Faces Work Immediately

Mr. Coolidge, who left Washington
last night expects to reach the cap-
ital early tomorrew. With the week-
end facing him it 1s* probable that
administrative acts will not be forth-
coming before next Monday, although
facing him immediately is appoint-
ment of a secretary and personal
physician,

Questions which callers In the tem-
porary White House already have
placed befvure Mr. Coolidge include
the possible need for an exten session
of congress, the fact that his pre-
decesssor had planned to call an
other conference of governors to din-
cuss prohibition enforcement and
the coal situation,

Mr. Coalidge, accompanied by
Mrs. Coolidge, Chief Justice Taft,
General Pershing and other notables,
arrived in Marion about 1:30 p. m.,
after an uneventful journey. .

Just after leaving Akron, Mr.
Coolidge received in his private car
all the members of his traveling
party. Then he changed his travel-
ing suit for frock coat and high
silk hat.

After reaching Marlon, the new
president, wishing to leave to Marion
as long as possible tls own dead, did
not leave his car until Jt was time
to drive to the home of Dr, George
T. Harding, Sr., father of the late
president and take his place at the
head of the funeral procession,

Makes Sad Journey

Tt was a sad journey that Mr.
Coolidge made through that Jong line
of citizens who knew Mr. Harding
by his first name and used it even
after he had been lifted to the pres-
idency. maar

But {t was not with Mr. Coolldge
that the heart of the crowd rested
—a divided heart.

Tenderly the townsfolk gazed on
the gray hearse bearing past them the
body of their beloved neighbor, Their
grief showed in their faces,

Just as tenderly they lifted their
eyes diffidently to the face of. the
brave little widow in black, whd to
the very end, even when the gates
of the tomb swung closed on her
husband's body, Kept her pledge that
she would not break down.

The citizens of Marion had mo
than a hasty glance at the proces:
sion as it wound through their
streets, moving so slowly that a
child could have kept pace.

It was a shirt-sleeved crowd, a
democratic crowd, a crowd who ré@-
spected Warren Harding for the
honors that had come to him, but
remembered that he was still one of
them after moving to the White
House, Fa lifted their jhe
sters to their shoulfiers that \gra
on their minds might be glory
of ‘Warren Harding th
might tell thelr own”
years to come.

, so taeiatanneneeseenn | ememeenianetaeatealll

UPON | temporary

wearing on hia left Aran

Illinois Guard

Ordered To

For Zinc

ee A a en ana eh te he

AMIERIGANS ABOARD
LEVIATHAN AT. SEA
PAY FINAL HOMAGE

(By Wireless to the A. P.)
ABOARD THE STEAMSHIP LF
VIATHAN, AuK. 10.5 Out here in
mid-Atlantic, long leagues from that
fittke. churchyard in Ohlo where
Warren (. Harding went to reat to-
day, a. few hundred Americans faced
the setting sun and breathed out
upon the waters a fervent Codaperd
to his departing ‘spirit. Nur were
the Americana alone in theic grief,
although theirs, the toss of a friend
roore intimate, may have been more
poignant. Nationals of a acore of
other nationa prayed alao, from the
wealthy ones in luxurious upper deck
suites to the humble immigrants

down jn the steerage ‘

Even the Vessel seemed to croon

‘f@-requictn aq eh, slackened sped at

the funeral hour For Peealdenmt
Harding had been almoat god. tather
to the Leviathan and sctne had even
suggested that the great veane) bear
his name.

The ceremonies were impressive
A ship's band played the late yg +1
dent's favorite hymn, “Lead Kifdly |
Lawht.”

A member of the President's eabi+
net, Secretary of lLaber Davia, eulo«

sed hie degarted chief as “my

lend.” . There was prayer, «. few?
momenta of meditation, Thea thet,
ad voasel a chor colors, they

nd on the b played “Nearet) By
My God to Thee"; ent the grouped

asengera dispersed, to scatter along
he raila, silent, gazing westward,

tie Menttiainedae tien *. semaine aiieibataleced

White Vlouse in hie recmae at

seem cere agar ah cg i mare ee lt
a * . ‘


|
MARTINEZ, Manuel, Mexican, hanged Arizona State Prison (Santa Cruz) on August 10, 1923, ©

"Manuel Martinez, convicted of the murder of the Ruby postmaster and his wife (Mr, &
Mrs. Frank J, Pearson) on August 6, 1921, was believed to be the leader of a group of
seven Mexican bandits which had been terrorizing the area, A full account was not
available and ‘artinez' age wasn't mentioned, but in a picture he appeared to be

about 30 or 35 years old,"

Ltr, dtd, 2-16-1982 from Alma Ready, Head of Research, Pimeria Alta Historical Society,
P, O. Box 2281, Nogales, AZ 85621,

Lb pan od Weedon Lebrun) (Mea diresse 7/0 9b2)


MARTINEZ, Manuel,

a=

UBY SLAYER
“PROTESTS Ht
INNOCENCE AG
AAP SPRINGS

Manuel Martinez Dies

Smiling; Declares Pla-
cido Silvas Had No Part
@ In Ruby Postoffice Raid

¢ ANUEL MARTINEZ died smiling
on the gallows at the Arizona
etite penitentiary at Florence yes-
terday morning as he protested his
own inhnecence and ag he declared
that Placidé’ Silvas is serving a life
sentence in the institution on a
charge of which he is not guilty.

Martinez ang Slivas were members
ef a handit gang which on August
°6, 1921, killed Postmaster and Mrs.
J. Frank Pearson in their small
atoere at Ruby, Santa Cruz county,
and then raided the premises, Both
men were charged with murder,
growing out of the occurrence, re-
wulling in Martinez being given the
denth penalty and Silvas a life sen-
tence.

As he stood with feet and hands
aecurcly Inshed in position on the
trap through which he was to fall a
few seconds later, Martinez declared
that he had accompanied the bandit
gang on the raid because he was
threatened with death if ne refused.
He denied that he participated in the

y Murdering or in the looting.
“tf am dying with a clear con-
ecience,” Martinez continued, “I am
, not afraid to go. But Placido Silvas
has no right to be in this prison. I
once said he was one of those who
@.::.. the raid. He was not, le

(2

we

AC

hew nothing about it.”
Shows Great Courage

Martinez went to his ead with
superb courage, telling repeatedly
’ during the few hours which preceded
his execution the story he has clung
to since shortly after his arrest-—-
that he went with. the bandit gang
he ause he was threatened with
desth if he refused

Pot ek ere eee eee Oe

His,, asphyx, Ariz, (Sante Cruz) Aveust 10. 192-35

Forest Fire Near
Santa Barbara Has
Another Outbreak

SANTA BARBARA, Calif., Aus.
10. The forest fire Jn the Santa
Barbara forest which died down last
night and was thought to be nearly
under control, revived with a .rush
today when a \prisk wind sprang up.
The flames are sweeping rapidly
westward over a 10-mile front, de-
stroying much good timber as well
as the dense masses of underbrush.

Mount McKinley and Santa Cruz
mountain have Deen converted Into
blackened peaks. The flames have
swept down Grape creek to the
Santa Cruz creek fork and a widened
area Of the Manzana;forest reserve
has been burned over,

In order to meet the new danger,
Forest Supervisor Jordan is ar-
ranging to transfer part of hia fire
fighting force to the new danger
point on the western aide.

GOOLIOGE OES
TO CAPITAL 10
AESUMEDUTIES

[Republican A. P. Leased Wire}

ON BOARD PRESIDENTIAL
TRAIN, EN ROUTE TO WASH-
INGTON, Aug. 10—Leaving behind
him in Marion, entombed with tender
care, the body of his late captain,

President Coolidge tonight waa re-
turning to the capital to face the
problem of office,

With him returned admirals and
generals, members of congress, rep-
resentatives of various states who
had come with him to participate in
the ,burial ceremony of arrea
Harding,

The journey, the second hasty trip
since he was called to take upon
himself the guidance of the nation,
was no light triul-for the new ehief
magistrate who has gpared *himeelf
neither atrain nor late hours tn per«

sonally directing a nation's tribute to].

Coolidge She

President Calvin Coolidge |
temporary White House bs Bia 3

wearing

a stricken leader. But except for a] #|

slight fatigue he seemed none the]

worse for the jaurney, _ |
Faces Work Immediately

Mr. Coolidge, who left Washi
last night expecta to reseh th
ital early tomorrow. With thi
end“taeitig him it te* proba

administrative acts wil “not be forth-

Camine hatnews wawt Bi news BEER wate El

on. bis

left arm.

took his position {immediately  be-
neath it. Then he glanced downward
to his feet, noticea that they were
net Im the exact center of the trap
door, and then shifted his position.
Jests on Gallows

"You must do this right the first

time or net at all,” he remarked in

New Fall

“Charm 0’ Youth”
Dresses

$16.00

(Women’s and
|. Misses’ sizes)

Seaeaegeasn
LACK & WHITE

442

ALL NIGHT SERVI
Seeaeeeaeaaga

e

Bon make a plea for executive clem-
ency to Governor Hunt for Martinez,
a citizen of Mexico, but Roberto
Quiros, Mexican consul at VPhoentx,
set in motion the legal machinery
Which on one occasitoti saved him
from the noose, '
Thrice Sentenced to Death

Originally convicted by the Santa
Cruz county superior court and gen-
tenceg to hang August 18, 1922, Mar-
tinez was granted a stay of execu-
tlon on a ruling by the attorney gen-
eral that his case should be allowed
to go before the state supreme court
although his attorneys had failed to
file an appeal within the 60-day perl.
od allowed ,by law.
court later dismissed the case be-
cause of the delay in filing the ap-
peal, and the Santa Cruz county
court reset the date of the hanging
for May 25, last.

It was at this point that President
Obregon made his plea for a com-
mutation of the sentence to Hfe im-
prisonment, The plea, together with
other documents, was submitted to
the ‘state board of pardons and pa-
roles, which, however, refused to
recommend executive clemency,

before Judge Stephen H. Abbey, in
Pinal county superior court, who
granted a writ of habens corpus on
legal technicalities on the allegation
that Martinez was to be executed
without due process of law. Before
the hour when the writ was made
returnable the supreme court inter-
vened, quashed the writ, and de-
clared the Pinal county court in er-
ror, Meanwhile the date set for the
execution had passea and the Santa
Cruz court, again taking Jurtediction,
set the date for the hanging a third
time for August 10. fa
Bandits, Raid Ruby

The raid which led to Martinez’
conviction occurred the morning of
August 26, 1921, at the little tuwn ‘of
Ruby, Ariz, a few miles from. the
border, Seven bandits whose move-
ments were traced from Saric, So-
nora, Mexico, raided the postoffice
and general store, slaying Postmas-
ter J. Frank Pearson and his wife,
Mrs. Myrtle Pearson, and looting the
safe, Three other memberge of the
Pearson family escaped.

Several weeks later Martinez: and
Silvas were arrested and charged
with the crime, Murtineg made a
statement that he hag been forced
to accompany the bandit gang, but
had taken no part in the crime, He
also made statements involving Sil-,
vas Which, however, he retracted on
the afternoon before the second day
set for his hanging. Silvas is now
serving @ life term in the peniten-
tiary for the murder of Pearson.

The two prisoners later figured in
a dramatic escape. While Sheriff
George White and Deputy L, A.
Smith were bringing them to the
penitentiary the gutomobile which
Sheriff White wags driving Kidded
and overturned on the road 18 miles
south of Tucson. The sheriff was
instantly killed and the deputy died
later from wounds, after declarin
the upset was accidental and tut
caused by the prisoners, Seertines
and Silvas, handcuffed together in

the rear seat,,made their escape and
were not recaptured until posses
picked up’ their trail on the barder

desert several days later,

as

The supreme.

Twelve hours before the time set
for the execution, attorneys repre-.
senting the Mexican consul appeared |

| hopes

hie frtensie cand pete ti

hia family, to
bors, Hie wan beyal
and to hia country.

hia. Bhiatea

wan fait

fey
lle

ful alwaya to hia concepttan. of duty

and of service. He wan ainlidtiots
yes, but only that he taleht uo:
complish great things; that fis
might add to the aus totel «of bu
man happiness and advance the
caune of the Master he loved anil

sought to s#erve. —

“President Harding waa a religious
man and like LAlneoln became
noticeably so ba the burdens of tad
presidency more and more Wwelghed
upon him. bia religion,
Was broad and tolerant Jite’ eytn
pathies embraced hia countrymen of
every creed and falth, and. every
humane cause, every effort made for
the betterment “ man and of ac-
clety found in him a willing aup
porter and a moat eloquent advocate

“Hle loved hia country with
zeal of.a patriot, but bia sytmpathion

hie

were nevertheless world wide Ite
believed with all the Intensity of
réligious conviction that’ “peace en!

earth good will toward man” should
be the motive behind all statearman-

phip, behind all diplomacy and partic. !
the. |

wlarly behind all engagements
twéon nations that call themaelves
Christian. ©. :
“Stricken down In the midat of
his activities, at the seeming noon
time of hia career, filled with hirh
for the future and looking
forward at least two yearea more
of gffice within which he might
carry into .effect those policies dear
to his .heart, President Harding’
life seemea at this moment to be
incomplete. A world, Alatricted ard
torn asaunder by war and ita after-
math of bitterness and hate, aces

in need of such a man, to lead in the!

councils of the nations and to point
the way to reconciliation and prace

We must not forget, however, than
even the best and wWisest of men
are not indispensible. Under = the

leadership of another worthy son «of
the republic, the work begun by
this gtreat true hearted American

will be completed and the good ae met |

planted by him will get grow ard
in. good season come to jta full
fruition. As was said three score
years ago to an assembly of Amert-
cana, appalled by a great national
tragedy, “God reigns and the gov
ernment at Washington atill tives’
Kev. George M. Logie Waa the
other speaker of the evening lie
apoke briefly of the late presidents
achievements, deviaring that he row
to the high pinacie of. fame after
long struggles through adverse clr
cumstances and difficulties,

“God pity America when It ceanva be

to honor ite ihlusteiqus dead,” tie
Rev. Mr, Logie declared.

He quoted from the late chief ex»
ecutive: ae he, Mr. Hardl

before the tomb of the “Unknewa

oldier” in Arlington National com. |"
: ah must nel be thei

etery and sald
again.’ te show that
president of o*., ts

Nae | a
“Mr, Harding was « ¢
in the policy of wrod wi
ved the apoaker “Tt
amiable weakness but
in which he felt | ie.
problems, national

he wae 4&

at :

however, |

the}

. stent!

1 %
fred ‘ tz
f :*
tiie ala VW “2
Urapedl wth

the *nat «af th

ean fiag ana
leit Bracke fa
Atnerivan Lee
uf ted, white
mtriiter Act ies
ng f the he

Phe tes I
Cirace Lmther
the vinvoeatir

aOorrow ine
fland and ask
| Almighty
;and. nation
| RAV the Ke
; whe followed
‘hymna “Abide
{hie saasembia
After the |
Stoah and th
aucdienece gjoin
iMy tied .Tp
late |'reatdent
; “We are 'b
thas fallen,”
fald in open!
service Waa «
ihy the ev
band tad piaj
| Banner‘ :
i Baile
| The siferm:
ithe only Rowe
‘nea that eet
oelock yeute
| people af
(heade in subs
i Divine provi
‘passing of
| Warren OG. ¥
|. Just, on th
; which ante
Phoentclane
‘late president
lite final ree
‘belle of the
over the elty
; tidings that

presideat wa

this

4a)

reat,

| A funereal
fat i week
ities ceased tm
| preakieont anc
‘minutes ever
i paid tribute §
ithe peeple &
journey, thin
of the Hithe |
weitd retura
leved and@ bey
shared a9 @
h her, é
hom mt ©

:


, ed
(Continued From Rage One)

touch with the governor again
make sure that he had’ not mis-
nderatood, Then, 10 minutes before
@ warden moved to the death-

ae, be called Phoenix again, get-
ing in touch with C. O, Case, state
upe! ndent of gublic instruction
nd. mmber of the board of par-
me and parole”. Mr. Case also in-
rmed the warden that the board
a4 taken no action in: Martinez’
half, ‘-

Those inviteq to witness the exe-
tipn had begun gathering at the
enitentiary shortly after midnight,
nd continued to arrive at Sntervais
p until 6 o’elock. Twenty-eight
ere admitted to the death room
» witness the execution, -
An hour before the scheduled time
f the hanging, Father Delgado
ached the prison and, accompanied
é Prison Secretary Devine, went to
M@ death cell occupied by Martinez
n@ hia guard. They found the man
| Awaken Him to Die
Awakening him, Mr, Devine said:
“You hhve only an hour to live,
artinez. “If you have anything to
7 to make yourself right for eter-
ty, you had best say it now.”
Martinez repeated the story he had
14 frequently before, about having
en forceq to accompany the ban-
tea on the raid, He also urged the
nocence of Silvas, Father Delgado
mained with Martinez, praying and
king with him. :
Shortly after 6 o'clock, Warden
mae ied those who were to be spec-

tor the death house, where 16
en lous to Martinez have been
(@Cu The small room -was

owdeg by the circle of men which
rmed about the trap door, which
on a level with the rest of the
om. The hangman's rope, with the
already tie swung in its
pping paper from the low ceiling.
Warden Sims notified Martinez to
fess, Tho prisoner immediately re-
onded, donning his prison garments
' which the number 6981 was con-
icuously stenciled. The garments
ere clean, but plain, and his well-
orn shoes were in need of blacking.
| Martinez Washes Face
When he finished dressing, a guard
evel to bind the prisoner's arms
ether. Martinez interrupted:
“May I wash my face before you
» that?" he requested.
feat request was granted, and he
Imiy and with = deliberateness
meed the cold water over his face.
hen he returned to the cage outside
ie death cell, where leather lash-
ge about his elbows and wrists se-
red hie arms behind his back.
Martinez went to the gallews with-
a having eaten breakfast, the re-
jit of his expressed desire. He ate
Nght evenine meal, about the usual
aiity he has eaten at any time
ee his confinement, prison of-
Plate suid. With him as with other
Te 1 men he was offered any-
hig t he might choose for his
neals,
death cell is situated on a
or below the execution room,
ening at the foot of the stairway
Wich jeads to within three or four
‘Pe of the gallows. Martinez
vunted the stairs unassisted and
thout heitation, followed by Fath-
Delgado and guards,
Those in the crawled +

mesic

S28 EEE Vm BRAVE ESPCcred,

Then, satisfied with his position,
he wokey about the room rather de-
liberately, starting straight into the
eyes of the spectators, ‘Then his eyes
shifted to Father Delgado,

“Manuel Martinez, have you any-
thing to say before commending
yourself to God?" Father Delgado

asked in Spanish, speaking in @ low

voice.

Martinez responded, beginning In a
quiet tone, which gained strength and
clearness as he spoke. Hle denied
guilt of the charge on which he was
convicted and pleaded for Silvas’
freedom. As he spoke, his words
were interpreted to Warden Sims.
The prisoner glanced over his shoul.
der, and then continued speaking,

When he finished, Father Delgado
started praying. Martineg listened
quietly, moving only once when he
brushed the side of his cheek against
his shoulder to remove perspiration.
The prayer finished, guards moved
to the prisoner and lashed his legs
together by binding them at the
knees with leather straps,

Objects to Black Ca

Another guard then moved to place
the black cap over the _ prisoner's
head. “No, no, no!” objected Mart-
tinez as he swayed his body from
the cap. Father Delgudo spoke to
him, however, and the resistance
ceased, With the mask in place, the
noose was dropped over Martinez’
head. The rope was tightened with
considerable exertion on the part of
the prison guard, who adjusted the
huge knot so that it was in place
directly below and behind the pris-
oner's right ear.

Then the guards stepped away.
There was complete silence in the
room as prisoner, spectators and of-
ficials waited for the signal. Mar-
tinez’ knees were scen to stiffen as
he anticipated the end.

Suddenly the signal was given, the
trigger was sprung and
shot through the trap to the end of
the eight-foot drop. Some of those
in the room said they heard a barely
audible moan as the body descended,

Dr. Fred Perkins, prison physician,
immediately examined the body sus-
pended at the end of the rope. The
neck was broken, but the heart was
still beating so loudly that it could
be heard by those gathered around.
Examinations were made at frequent
intervals until at the end of 11 min-
utes Dr. Perkins pronounced the man
dead,

Body Is Not Claimed

Poverty of his family of a wife and
three children who are living in a

small Mexican agricultural commu::

nity below Nogales, prevented the
claiming of the body, Warden Sims
said, One of the children wae born
since Martinez was arrested, and has
never seen the father,

Although members of the family
never were able to call on the fath-
er, they kept in frequent touch with
the condemned man by writing.
Martinez was illiterate, but prisoners
and guards were placed at his dis-
posal to write letters for him. He
did not send a letter to his wite
yesterday, although one was mailed

to her on the day before he was
scheduled to die on May 26, That
execution wag stayed by a court
order,

~~ me

fatarrmdineos ween men al

sae -

Martinez.

‘the

a QbVeittee ee UO Rw ASTD

ing’s life, pointing out ¢hat his en-
Virpnment was not exceptionally
favorable to his advancement, but
that the end achieved was no more
than any other Americah youth
simileriy situated and similarly en-
dowed, might hope to attain. Qon-
tinuing, hé@ sald:

“At the beginning of hte career.
Harding was only potentially a
great man, but he lived to become
one as an accomplished fact. His
was no meteorte career The atory
of his life has no thrill im it. Jt
does not appeal to our sense of
the dramatic by reason of any out-
standing incident posseasing = ro-
mantio interest, but rather by ita
completeness and by the beauty
and symetry of itg results. These
results were both subjective and
objective. Subjective. in the de-
velopment of hig personality and
objective in the accomplishments of
a busy and useful life. .
“Personality was President Hard-
ing’s greatert possession. No one
cquid, meet him and be Indifferent
to him. He combined charm and
manner. with an impressive and
pleasing presence, but there was fr
addition to be noted a sincerity and
genuine good will that gave to theme
an appeal infinitely more pleasing
than mere courtesy and grace «f
bearing. >Ile radiated love and good
will, Hle was one of the few men
who possess jin a high degree love
of race, that ts to say, of humanity
in the abstract, with a genuine liking
for his fellows, the men he knew
and with whom he came into daly
contact." ,
Harding Compared To McKinley
Typifying the nation’s president
“militant” and “peace loving.’
he declared that Harding belonged
to the latter clase. The militant
type was exemplified in Jackson
and Roosevelt, he said, and, although
unlike In many waya, each of them
accomplished mygh by mere force
of will, for each was a fighter by
instinct and by training. The othe:
type was exemplified in MeKinley
be continued, who by tnatipet and

as

training Was peace loving, patient,
tolerant and cheritable.

“President Harding wae of the
school of McKinley,” he said. “This

may partly have been due to native
disposition and partly due to the
fact that he was always an ardent
admirer of his illustrious predecessor.
In many respects they greatiy re-
sembled each other. They were of
gaine social class. Both poa-
sessed about the same oppertunitics,
Both developed along aimilar linea.
Both were distinguished In appear
ance and both had a talent for
oratory. Both had the ift of
friendship, of making and
frienda,

“President Harding loved fe He
was a devotee of clean, wholesome
and manly sport.
the give and take of social eanver-
sation, but his humor was
and his wit without malice The
courtesies of speech fell aaturally
from hia Ups, In ehort, he oom,
bined those graces of manter, mind
and heart with. that democratic
reaegaste pe truthfulness and singer~
ity which in the truest and highest
meaning of the word make
gentleman,

veping |

tie delighted tn/
kindly }

pone

TO FACE 81
—bhimmet Puck
dale officers o
waa arrested |
uty Bnertf? KR
the defendant
night and he
the (Cilendale
raignmen? tole

TO BROAOC
haa been rece
' from the Rev.
merly pastor ¢
tlan church tn
tor of the Bron
in Los Angeles
sermon on the
Mme will be bro
sermon willl be
a. m., Paetfiec
o’clock In Phe

8CHOOL H
Mrs. Marte We
dramatic expre
| culture, a grad
lege of Expre
visiting Mra. I
Kaat Willetta «
| ducts a priva
| Washington. M
| aaked the fotl
| Mra. Roate at
| Hewina, Mre
lawrence Ha
Irown, Mra.
Mra. Wyllie Lee
Mra. George
Mra. Hammett.

POCKET
S17
FOUND

Frank Baldwi
be the tuekies
following an
day night.
has been told
with hie.

Mr, Baldwia
o'slock Wednes
hin heme fa

wal .


Cnet eng

MARTINEZ, Manuel, His.,

Co-author of this story, Oliver
Parmer was paid $10,000 in rewards
for his capture of the border bandits.

By
OLIVER PARMER

Former Arizona Ranger
As Told To
KATHLEEN O’DONNELL

dh tug ete

A

Bandits’ greed claimed

six lives in a series of

murderous raids before

the trail of Arizona’s

border terrorists was
ended.

But the clue of five gold

teeth finally led the Law

to a crimson showdown,

as related in this official

story bya former Ranger
who was there.

toe

Blindly trying to escape the Law,

the fugitives fled through desolate

and rugged country such as that
pictured at the left.

How We
the [

S EARLY dusk of February 27,
A 1920, settled over the deserted
town of Ruby, Arizona, a Mexi-
can ranch-hand shivered and pulled his
frayed mackinaw closer about him as he
trotted past boarded-up houses, to a for-
lorn building of adobe and weathered
wood. The ramshackle building, a relic
of better days when the copper and silver
mines of Ruby were working, now
housed the post office, general store, and
home of the brothers, John and Alex-
ander Fraser, who eked out a precarious
existence serving the needs of the
meager population of the once pros-
perous Oro Blanco mining district.

The Mexican dismounted on the dusty
street and tied his horse to a rail. A
chill wind howled eerily through the
mouldering. desert town as he tried the
heavy door. Finding it locked, he
pounded. A shutter banged disconso-
lately somewhere nearby.

Receiving no answer he _ knocked
again. The echo was his only response.

“The boys must have gone to Nogales
for the day,” he muttered to himself.
Stepping to a window, he cupped his
hands about his eyes and peered in
through the failing light.

“Madre de Dios!” he exclaimed for
he could discern that the safe was wide
open and its contents scattered. Without
further investigation he leaped on his
horse and galloped to the ranch of John
Maloney, justice of the peace.

He panted out his story.

John Maloney, a stalwart old Indian
fighter and peace officer who had yet to
meet his match for courage, strapped on
his .45 Colt, grabbed his Stetson, and
called in his vaqueros. .

726

“Vamos! Let’s go,” he cried. “The
post office has been robbed!”

Later Maloney and his men pulled up
their laboring horses in front of the
building and walked briskly to the door.
Lanterns were being lit when suddenly,
almost like an echo, a low moan, faint
but unmistakable, emanated from the
building. A sensation of horror swept
over the group.

“My God, what was that?” Maloney
asked grimly.

One of the vaqueros crossed himself
and murmured a prayer.

The cry came again, this time lower
and long drawn out. Scarcely audible,
it seemed inhuman !

“Quick! Break in the door,” ordered
Maloney, drawing his gun. The men
complied and, stepping over the broken
door with lanterns held high, they
glanced around the room. Sure enough
there was the yawning safe. Maloney
gasped and his face blanched for by the
counter lay the crumpled form of Alex-
ander Fraser. An agonized moan drew
their attention to the doorway leading
to the living quarters. There lay the
tortured body of John Fraser, his life’s
blood oozing from a ghastly head wound.

Beads of perspiration glistened on
Maloney’s forehead. This was no sui-
cide pact, no accidental shooting. It
was plain robbery and murder.

The telephone, the only one in Ruby,

STARTLING DETECTIVE

ERG ERT EE

Scene of

murders

mystery |
anna

O

da
gation

Was

Blane

drove t

permit

Alt!

sight

AD\

woe Be et

hanged AZSP (Santa Cruz) August 10, 1923

claimed
series of
/s before
rizona’s
sts was

‘ive gold
the Law
owdown,
is official
'r Ranger
ere.

pe the Law,
igh desolate
uch as that
left.

‘2
1e

ried. “The

n pulled up
ront of the
to the door.
en suddenly,
moan, faint
from the
lorror swept

Maloney
ssed himself

s time lower
cely audible,

or,’ ordered
The men
the broken
high, they
Sure enough
Maloney

‘d for by the
rm of Alex-
i moan drew
“way leading
here lay the
ser, his life’s
head wound.
listened on
was no sui-
\ooting. It

ne in Ruby,
TECTIVE

}
|
}
{

Scene of two ruthless double
murders, the Ruby post office
mystery became a classic in crime
annals of the Southwest.

DEADLY ==
BORDER ©

»->-
John Maloney,
stalwart old In-
dian fighter and
peace officer,

justice of

Ruby. He was
the first official
to be notified of
the Fraser kill-

BANDIT

had been torn off the wall and its wires
cut.

“Guiterrez, take my horse and ride
hard to Nogales. Get Sheriff Earhart
and an ambulance.”

At this time there were no autos in
Ruby. Nogales, forty miles away, was
the nearest town.

Double Tragedy

O IT was that in the early hours of

dawn I was drawn into the investi-
gation by Sheriff Ray R. Earhart, for T
was the Arizona Ranger in the Oro
Blanco district. With three deputies we
drove to Ruby as fast as road conditions
permitted.

Although we were prepared for the
sight of death we were appalled at the

VDVENTURES

grisly scene within the post office.
Alexander was dead. A bullet had en-
tered his back, coursing to the front, and
a second had penetrated his head. This
unquestionably had caused instant death.

John had been shot through the left
eye and the bullet had passed through his
skull. He was still alive but uncon-
scious. We placed him in the ambulance
and sent him to a Nogales hospital. He
was our one hope of learning just what
had happened. But our hopes in this
direction were blasted when he died en
route to the hospital without regaining
consciousness.

It was evident to us that more than
one man was responsible for these mur-
ders for Alexander had been shot twice
and by weapons of different caliber, The
absence of powder marks on the clothing

. each other and shot it out.

and skin of the victims indicated that the
fatal bullets had been fired from a dis.
tance,

Gunplay was not uncommon in Ari-
zona where, due perhaps to the lingering
spirit of the Old West, men often faced
But this was
different. Alexander Fraser had been
shot in the back in cold blood after he
evidently had complied with the demands
of the killers by opening the safe.

As to the characters of the Fraser
brothers I learned much from Justice
Maloney and others whom I questioned
later. They had lived in Ruby for a
number of years, were unobtrusive, well
liked, and had: no known enemies. They
were especially kind to the Mexican
peons in the district, often extending
them credit for food. Seldom, indeed,
had a crime seemed more cold-blooded.

Was there something in these men’s
past that brought on this killing? Was

1

im


cked out

nises.

t resolved

ustice the
utilating

n hard
ury and 1
iasI. He
arson shot
‘raser and

the latter
months

ts contents
from the

mnsible for
bbery the
, Pedro’s

nlding re-
le through
ute beneath
stars to the
~ had taken
what light

tails of the
~ of the kill-
he men the
ie afternoon

Trail

icity at the
read rapidly
strict. Peons
mselves and
<dro’s super:
en came for-
ie morning of
ached several
n route to the
san recalled
. her house on
latter de-

OETECTIVE

Cn a lonely highway near Continental, at the spot indicated above,

Sheriff George White and Deputy L. A. Smith, of Santa Cruz county,
met violent deaths at the hands of murderous prisoners.

clared their horses were heavily packed.

Grim visaged ranchers from far and
near snatched up their rifles and saddled
their horses to search the border country
for these merciless killers.

During the following weeks all the
hectic madness and frantic energy of the
Old Frontier were present. Days in the
saddle and nights beneath the stars were
the order of the day. Cars were of prac-
tically no value in the search. The
country was too difficult and there were
few roads. Posses rode over the parched
desert and into the cool reaches of the
mountain passes searching, searching.
An airplane was chartered from the army
post at Nogales to fly over this district
in an attempt to get sight of the bandits.
It was the first airplane ever used in
Arizona for a manhunt.

Offer Bandit Reward

A REWARD of $5,000 dead or alive
was posted for each of the murder-
ous outlaws. This added zest to the quest.

I had a hunch the men were safe in
Mexico. Acting on this, White and I
slipped away and crossed the line into
Sonora, where we conferred with the
Mexican officials. Although there was
still no extradition treaty between our
countries these officials assured us of
their fullest personal cooperation.

True to their word, on September 6,
1921, Sheriff White received a communi-
cation from General Calles Plank, com-
mander of the Mexican army in Sonora
to the effect that his soldiers had forced
two Mexican desperadoes out of a can-
tina where they had boasted of robbing
the Ruby post office.

Thankful for this hot tip, though we
did not know who these desperadoes
were, White, four deputies and I lost no
time in getting to the designated place in
the wild desolate country north of Saric,
Sonora. We picked up tracks where two
men had crossed the border into Arizona.
The next two days found us winding in
and around sage brush and up through
the rough timbered Pina Blanca Moun-
tains and across Bear Valley where, amid
the bristling cholla and brown grease

ADVENTURES

wood, shifting sands had obliterated all
trace of our quarry, Again we returned
to Nogales without our men.

During the ensuing fall and winter
months we ran down dozens of tips.
Suspects were picked up on suspicion in
Tucson, Los Angeles and El Paso. But
they weren’t the men we sought.

“There’s one thing certain,” White
declared as we later conferred on the case.
“The men we are after may be hiding in
the mountains of Sonora awaiting their
chance to strike again. But while there’s
still a chance that they’re on our side of
the line we’ve got to keep after them.”

By April, 1922, we had almost given
up hope of ever apprehending the mur-
derers, when there came a peculiar twist
of fate. One of White’s deputies hap-
pened to be in a cantina in Sasabe,
Sonora, a town thirty-five miles south-
west of Ruby. He was standing at the
bar when he overheard the bartender
bargaining with a customer.

“Sell you all of them for three pesos.”

“No, I’ve only got two pesos.”

“Guess I’ll keep them.”

The deputy glanced around casually to
see what was being sold. He paled when
he saw five gold teeth lying on the
counter. Five gold teeth, the same num-
ber that the murderous bandit had
knocked from Myrtle Pearson’s pretty
mouth! Gold teeth were rare among
Mexicans. There was a possibility that
this was a hot clue.

“Where did you get these?” the deputy
asked.

“Oh, a feller by the name of Manuel
Martinez sold them to me last fall. I had
‘em put away and just ran across them
the other day and decided to sell them.”
He grinned and leaned over confidenti-
ally: “I only paid sixty-five centavos for
them.”

Sixty-five cents Mex! The price of
double murder! The deputy paid the
astonished bartender his price and shud-
dered as he pocketed the teeth.

After examining the teeth, White and
I were positive that Martinez was the
man we wanted. Here was a break at last.

I had know Martinez by sight for years
and also knew that his boon companion

Manuel Martinez, identified as one
of the post office killers, paid with
his life for a career of crime.

was a man named Placidio Silvas whose
family lived in a shack in the Oro Blanco
district.

I saddled up my horse and poked over
to the Silvas place to pick up what in-
formation I could. I went alone so as
not to arouse suspicion. Several months
before I had questioned this same family,
who were of the peon class, but they ap-
parently had known nothing of the mur-
ders.

Trap One Suspect

HEN I reached the Silvas place, I
noticed three horses saddled and
tied outside. This indicated the presence
of at least as many men inside. I chatted
with a little girl and she told me Placidio
was in the house. A bold course now
seemed wisest—to take them by surprise.
I flung open the door and leveled my
two six-shooters at the five occupants
before they had time to realize what was
up. I singled out Silvas, a brown-eyed,
black-bearded youth.

“You are coming with me to appear
before Justice Maloney. You were in on
that Pearson killing,” I told him.

Silvas paled.

“Caramba! I no do nothing bad.”

“Ah mi hijo—my little boy,” his
mother wailed.

“If any of you try to stop me, I will
kill Placidio,” and I slowly fingered my
guns,

It was a dramatic moment as I was
alone and taking a dangerous man to jail
from the bosom of his family. His two
brothers were armed and glaring fiercely
at me. I snapped handcuffs on his sturdy
wrists, took all their guns, and edged
out the door. Leading Silvas to his pony,
I snagged his wrists to the saddle horn.
I forced his brothers to unsaddle their

19


there some document hidden in the safe?
Did the Frasers recognize the intruders
and were the Frasers killed to prevent
identification ?

“There's a curse on that building,” one
old timer told me.

“How’s that, Dad?” I questioned.

“Old Tio Pedro died years ago. He
predicted evil for the occupants of the
post office ’cause it was built over an old
padre’s grave.”

From Maloney I learned that the Tio
Pedro superstition was common among
the poorer Mexicans.

I made a close examination of the
premises for clues but found nothing
tangible. Beans in a pot on the stove
were charred and a pan of biscuits in
the oven were burned black showing that
the Frasers were in the act of preparing
their evening meal when they were in-
terrupted and struck down.

The clang of the school bell within
a stone’s throw of the post office sug-
gested a possible source of informa-
tion. I went to the school and had a chat
with the teacher.

“On my way home at about four
o'clock,” she said, “I passed two strange
Mexican vaqueros eating apples at the
old adobe ruins just above the post
office.”

&
Ne)

a

Wa/ .
Se

ss will} \\
G2 :
re ae

“What did they look like?” I asked
eagerly.

“They were typical vaqueros. One
had a long drooping black mustache, the
other a heavy beard. Their horses were
grazing over in back of the ruins.”

Clue Of The Cigarettes

\ X 7 ITH this as a lead, Maloney and |

hurried over to the ruins in search
of clues. We found two sets of fresh foot-
prints in the dust, the deep heel marks
indicating that they had been made by
men wearing the customary high-heeled
cowboy boots. In a corner we found
three apple cores and five cigarette butts.
A curious thing about two of the
cigarette butts was that the smoker, in
putting them out, had broken the end off
between his thumb and two fingers.

Back at the post office I found another
of these broken cigarettes and also a box
of apples which indicated that the
strange Mexicans had visited the store
prior to the murders. The shooting had
not taken place before four o’clock be-
cause the teacher and her pupils de-
clared they had heard no gun reports
during the day.

We were unable to gain further in-
formation about the vaqueros as no one
else had seen them.

Left to right, Deputy Sheriff R. Q. Leatherman,

Placidio Silvas, Manuel Martinez and Sheriff
Harry Saxon, all of whom played important

16

roles in the Ruby drama.

Late that afternon a_ prominent
rancher of the Oro Blanco district re-
ported that two of his best saddle horses
and eight head of cattle had been stolen
during the night. Thinking there might
be some connection between the murders
and the cattle rustling we drove over to
this ranch. We obtained horses for our
posse and, picking up the cattle rustlers’
trail, trotted out into the barren wilder-
hess after them. The fugitives were
traveling fast, driving the cattle before
them, confident that they could cross the
border at some deserted point and be safe
in Old Mexico by daylight.

At this time Mexico was not recog-
nized by the United States and conse-
quently there was no treaty of extradi-
tion in effect, so that once across the
border a criminal was perfectly safe.
Although we were two days behind the
bandits we kept on in the hope that they
had been delayed in their efforts to
smuggle the rustled cattle across the line.

The following morning deputy sheriffs
and civilians from Pima, Cochise, and
Santa Cruz counties, armed with the de-
scriptions of the stolen stock, searched
mountain gorges and hidden gulches of
the Oro Blanco district while the immi-
gration officers and U. S. troops from
Nogales patroled the border.

Our posses rode over tiresome hills
veined with ore bodies of great richness,
across dry washes flecked with gold, a
land of vast distances, beauty, wealth,
and opportunity where Spaniards of
Coronado’s day marched over from
Mexico in quest of the fabulous seven
cities of Cibola. We did not get sight
of the rustlers.

"In the ruins of an abandoned adobe
shack, pictured above, a Ruby school
‘teacher reported to officers that she
saw two suspicious looking vaqueros
‘on the afternoon of the post office
robbery and double slayings.

STARTLING DETECTIVE

In the
vestigation
hart food:
lars deseri
Many suspe
officers but :
tustling con!
district and
let whined

A

A YEAR
+ office
Pearson, at
married an
year-old gir
the stock
heirs and \
his wife, M
That year
and water
cattle died }
The Pear-
John Malor
mer leaving
habitated h
for her youn:
and also her
was the first
away from |
The girls
the househ:
band had
the brown h
26 gave pr
in the post
their break:
eight Pear
his custon

Above, the «
an almost a!
a thriving

Grizzled Be:
Theodore R

a po
ADVENT


prominent
district re-
addle horses
been stolen

¢ there might
the murders
lrove over to
orses for our
attle rustlers’
varren wilder-
igitives were
cattle before
uld cross the
t and be safe

as not recog-
‘s and conse-
of extradi-
across the
erfectly safe.
vs behind the
hope that they
efforts to
cross the line.
leputy sheriffs
Cochise, and
| with the de-
tock, searched
len guiches of
hile the immi-
troops from

tiresome hills
great richness,

with gold, a
eauty, wealth,
Spaniards of

over from
tabulous seven
not get sight

In the months that followed the in-
vestigation went on with Sheriff Ear-
hart flooding the country with circu-
lars describing the post office killings.
Many suspects were rounded up by able
officers but no charges were made. Cattle
rustling continued in the Oro Blanco
district and an occasional Mexican bul-
let whined across the line.

A New Postmaster

A YEAR later found the Ruby post
office in charge of young Frank
Pearson, a native of Texas. Pearson was
married and the father of a pretty four-
year-old girl, Margaret. He purchased
the stock in the store from the Fraser
heirs and was assisted in his duties by
his wife, Myrtle.

That year, 1921, the rains were few
and water holes dried. Hundreds of
cattle died because of the drouth.

The Pearsons grew lonely for even
John Maloney went away for the sum-
mer leaving them eight miles from an
habitated house. So Mrs. Pearson sent
for her younger sister, Elizabeth Purcell,
and also her husband’s sister, Irene. It
was the first time the two girls had been
away from their homes.

The girls helped Myrtle Pearson with
the household tasks and she and her hus-
band had more time to ride out over
the brown hills. The morning of August
26 gave promise of another stifling day
in the post office. The Pearsons had
their breakfast at seven o'clock and at
eight Pearson opened the office as was
his custom. Shortly thereafter, leaving

Above, the town of Ruby as it appears today. From
an almost abandoned mining town it blossomed into
a thriving community with the increased price of

precious metals.

the girls in charge, the couple mounted
their ponies and rode out over the sur-
rounding hills.

From Ruby Mountain they looked
down toward Mexico, the land of
mafiana, of romance, and of other, more
sinister, things when suddenly Pearson’s
horse picked up his ears and braced his
forelegs stiffly. Down below on the trail
several vaqueros were galloping toward
the post office.

Pearson’s face beamed. ‘There is
going to be business in the store and the
girls may need us.”

“I'll race you back,” Myrtle «cried,
spurring her horse.

They raced across the mesa in the
balmy morning air avoiding clumps of
cactus and scrub oak. They reached
home breathless and radiant, with
flushed faces. The vaqueros were leav-
ing as they drew up.

Myrtle and her sister retired to the
living quarters with little Margaret.
Irene began straightening the shelves;
Pearson was sweeping the floor, The
door opened. Two vaqueros reentered
the store and strode to the counter.

“Tobacco,” they ordered.

As Pearson turned his back. to reach
for the tobacco the
Mexicans exchanged
significant glances.

abandoned adobe
-e, a Ruby school
officers that she
looking vaqueros
f the post office
able slayings.

DETECTIVE

»-

Grizzled Ben Daniels, fearless Rough Rider with

Theodore Roosevelt, as sheriff of Pima county, led
a posse to capture the Ruby bandits.

ADVENTURES

The next instant two guns roared.
Irene screamed. Pearson staggered,
drew his gun from under the counter and
fired three wild shots at his assailants.
Then death stilled his trigger finger.
‘The killer with the drooping black
mustache, leering evilly at Irene, waved
his smoking gun at his companion and
ordered him to get all the “gringo’s
dinero” (money). .

A Second Murder

CREAMING at the top of her voice,
Irene ran back into the rear of the
building. The bandit pursued her, wav-
ing his pistol wildly. The blood froze in
her veins. She stumbled. He caught her,
grabbed her by the hair and dragged her
across the room.
“Stop! For God’s sake, stop!’ Myrtle
shrieked running into the room. The

mustachioed one glanced up and avidly

appraising Myrtle’s trim matronly figure
roughly flung Irene aside. Then some-
thing else attracted him as Myrtle Pear-
son opened her mouth and screamed—

the glint of five gold-crowned teeth!

He sprang up, clutched her arms
fiercely and brought the muzzle of his

17


Placidio Silvas, ruthless Mexican
desperado, was identified as one
of the Ruby terrorists.

.45 down hard on her head. She collapsed,
groaning. The killer stood up, as if en-
joying the situation, and aimed at her
helpless body writhing in agony on the
floor.

Bang! Blood spurted from a wound
in her neck. The fiend jerked her head
around by the hair and, forcing her mouth
open, calmly knocked out the gold crowns
with the butt of his gun!

While this mutilation was taking place
little Margaret appeared in the doorway,
her eyes wide with stark terror. Irene
grabbed her before she could betray her
presence. Together they rolled under a
couch, where they remained unnoticed.

Elizabeth in the meantime crawled be-
hind the counter and obtained Pearson’s
shotgun. But the mustachioed one was
quick as a cat. There was another flash
from his gun! An agonized scream!
The shotgun clattered to the floor and
Elizabeth slumped behind the counter.

The killer seeing the bleeding and
mutilated form of Myrtle Pearson twitch-
ing in agony on the floor bent over her.
There was another roar. Her body
stiffened, the twitching stopped.

The bandits shot open the safe and
went through its contents.

Money, stamps, post office money
orders were pocketed. They helped them-
selves to all groceries they could carry
from the store’s shelves. They tore the
telephone from the wall and walked out
into the corral where they stampeded the
Pearsons’ horses by beating them with
sombreros, howling like coyotes and
firing their pistols. Jumping on their
horses they were off. The echo of racing
hoofs beat back and forth through the
hills with taunting madness to the girls
left in the house.

18

It was in the Santa Cruz county

courthouse at Nogales that one of

the final acts of the border drama
was written.

Soe wee wi ole aera Ugg

cli

Irene and little Margaret crawled from
beneath the couch uninjured. Irene re-
vived Elizabeth who had fainted. Her
arm was bleeding where a bullet had
grazed it. Frank and Myrtle Pearson
were dead.

The girls surveyed the shambles.
They cried, dried their eyes and cried
some more. With the telephone wires
cut, the horses turned out, there was no
way of summoning aid. Business was so
quiet it might be days before some
passerby came along.

The two girls, still in their ’teens, and
little Margaret suddenly were faced with
heavy responsibilities. They couldn’t
stay where they were, with the dead eyes
of their loved ones staring at them.

Summon Aid

EEPING and hysterical, the girls
stumbled over a dusty desert trail in
blazing heat of noonday to the ranch of
their nearest neighbor eight miles away.
“The Ruby post office has, been robbed
and the postmaster and his wife mur-
dered in cold blood,” was the word
brought to Nogales that afternoon.
With Sheriff George White, successor
to Earhart, and three deputies I arrived
at the scene of the crime just as the sun
was sinking behind the topmost peaks of
the Ruby Mountains. Chairs were over-
turned in the store, drawers were pulled
out, papers scattered, the safe rifled,
blood spattered on the floor, and boxes,
bottles and canned goods strewn about.
Pearson lay behind the counter in a
pool of blood with two bullets in his back
stiff in death. His wife’s lifeless body
lay sprawled on the floor. Her skull was
fractured, a bullet had entered her neck
and ranged downward, another had en-
tered her left temple and come out at the
back of the head. Her jaw was broken,
her lips horribly mashed and lacerated.

ae ‘ os. Per
A ee ea a

Many of her teeth had been knocked out
but. they were not on the premises. I
turned from this shocking sight resolved
to do my utmost to bring to justice the
fiends responsible for this mutilating
atrocity.

White’s lips were set in a thin hard
line, his face was pale with fury and ]
knew that he was as determined as I. He
knew what I was thinking—Pearson shot
in the back like Alexander Fraser and
almost on the same spot where the latter
had expired some eighteen months
previously. The safe open, its contents
scattered, the telephone torn from the
wall as before.

Were the same persons responsible for
both double murders? Was robbery the
motive? It seemed that old Tio Pedro’s
legend was still working.

A quick search of the building re-
vealed nothing further so I rode through
somber scatterings of mesquite beneath
a blanket of brilliant desert stars to the
ranch house where the girls had taken
refuge. I wanted to know what light
they could throw on the case.

They related the grim details of the
murders. Their descriptions of the kill-
ers checked with that of the men the
school teacher had seen on the afternoon
of the Fraser killings.

Posses Take The Trail

wa: of this latest atrocity at the
Ruby post office spread rapidly
through the Oro Blanco district. Peons
in the vicinity crossed themselves and
spoke darkly of old Tio Pedro’s super-
stition. Two Mexican women came for-
ward. One told how on the morning of
the killing she had watched several
vaqueros pass her place en route to the
post office. The other woman recalled
seeing some vaqueros pass her house on
the trail to Sonora. The latter de-

STARTLING DETECTIVE

Se ee

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ADV}

The Arizona Dailu Sta

Vol. 155 No. 235 *

FLORENCE (AP) - Luis Mata, who was con-

victed in a 1977 murder of a Phoenix woman who:

was nearly decapitated, was executed early today
by lethal injection.

The execution was scheduled for 12:05 a.m.
but was delayed until 12:50 a.m. as the state Su-
preme Court and the U.S. Supreme Court consid-
ered and denied last-minute appeals.

After repeating ‘‘I love you’’ several times to
people he recognized among witnesses, Mata laid
his head on the table after the start of the execu-
tion was announced. He then began reciting the
Lord’s Prayer. After about 15 words, he stopped
speaking, his head rolled from side to side, his lips
fluttered, his chest heaved and he was still.

Serving Tucson and Southern Arizona

Mata, 45, became the sixth person executed in

Arizona since the state in 1992 resumed Cartyins

out capital punishment after a 29-year hiatus.

Earlier in the day, the U.S. Supreme Court vot-
ed 6-3 to vacate a stay. granted on Tuesday by the
9th U.S. Circuit Court of Appeals in San Francisco.
Less than two hours later, the state Board of Exec-

utive Clemency voted unanimously against clemen-

cy for Mata, despite testimony from the condemned |

man’s friends and relatives who said he was retard-
ed, brain-damaged and unfairly sentenced to die.

Both Mata and his brother, Alonzo Mata, were
convicted in the 1977 murder of Debra Lee Lopez.
The brothers raped and killed the 21-year-old

Final Edition, Tucson, Thursday, August 22, 1996

Arizona executes killer of Phoenix

woman after a night of drinking, smoking marijua-
na and shooting up with heroin.

Lopez was stabbed repeatedly and her throat
was slashed so severely she was almost decapitated,
the medical examiner’s report said.

The brothers were convicted of fice deere
murder and were sentenced to die. They were re-
sentenced later under changes in Arizona’s death
penalty law, with Luis getting a death sentence but
Alonzo receiving a life term because of mitigating:
circumstances, including his age at time, 18.

Luis Mata’s attorneys argued that the judge
who first sentenced him to death did not know:
Mata was born with water on the brain. He suffered

further brain damage as a child and was exposed
regularly to. pesticides as he and his 15 siblings
moved around the country as migrant workers.

During his clemency hearing yesterday, Mata .
told the board he did not kill Lopez, but ‘If I had
been sober ..
this, but the way that I was, no.”’

Lola Rottman, the victim’s mother, testified at
the clemency hearing by telephone. She begged the
board to carry out the sentence issued in her
daughter’s murder.

“This horrible murder seems like it happened
yesterday. Luis Mata has totally destroyed our
’ she said, her voice breaking. ‘‘I can’t under-
stand why this sentence hasn’t been carried out.”

lives,’

ee | 2

. I would have been able to prevent

— . renee, ad | \


West briefs
Stay of execution for

Arizona man vacated

FLORENCE, Ariz. — The U.S.
Supreme Court vacated a stay of
execution Wednesday for death
row inmate Luis Mata, leaving only
one obstacle before Mata is given a
lethal injection early today.

The court voted 6-3 to vacate the
' stay, which was granted Tuesday
"by the 9th U.S. Circuit Court of Ap-
peals in San Francisco. Justices
John Paul Stevens, Ruth Bader
Ginsburg and Stephen Breyer dis-
sented. The court also unanimously
denied Mata’s request for a stay of
execution.

_ The state Board of Executive
Clemency heard testimony most of
Wednesday from Mata’s friends,
family and supporters, who argued
that he is a retarded, brain- |
damaged man who was inappropri-
ately sentenced to die for the 1977
murder of Debra Lee Lopez. The
board could recommend to Gov.

Fife Symington to spare Mata’s life.

eo enn cet RC

a aes

. Thursday, August 22, 1996/Las Vegas Review-Journal/7B


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— See KILLER'S, page 47

- 19-year wait ends in killer’s execution

By William Hermann
and Edythe Jensen
Staff writers

FLORENCE — Luis Mata was
executed early Thursday with a
prayer on his lips.

Mata, who kept the executioner at
bay for 19 years, was put to death at
12:51 a.m., mouthing “I love you”
to witnesses, then reciting the Lord’s
Prayer. '

Mata, 45, was the sixth person
put to death in Arizona since the
state resumed capital punishment in
1992 after a 29-year hiatus.

His execution was, witnessed by
the parents of his victim, Debra Lee
Lopez, who was 21 when she was
raped and killed in March 1977.

Mata and his brother, Alonzo,
were convicted of murdering Lopez,
who was beaten and raped at the
Matas’ apartment in Phoenix, then

left in a ditch with her throat
slashed. .

Both brothers were sentenced to
die but later were resentenced

because of changes jin the state’s
death-penalty law. Alonzo got a life
term, and Luis again got death.

~

B2 The Arizona Republic

Last year, Alonzo Mata swore

that he killed Lopez, a story Lopez’s
mother didn’t buy.

“The whole thing is a_ trick,”
Lola Rottmann said. “Alonzo said

he did it because he knows he can’t

be tried again.”

Rottmann spoke by telephone to a
state  clemency-board hearing
Wednesday. She begged the board to
carry out Mata’s sentence, and the
board subsequently voted not to
recommend clemency for the con-
demned man.

Friday, August 23, 1996

“Luis Mata has totally destroyed
our lives. I can’t understarid ‘why
this sentence hasn’t been carried
out,” Rottmann told the board, :

Mata was the fifth of 16 children
in a family that traveled the
Southwest as migrant farm workers.
His father was a violent drunk, and
the children often went without food
for days at a time. ei

Luis suffered a head injury when
he was 6, and relatives said he
experienced severe headaches ever
after.

LAW & ORDER

+

~

-C

Whetx-AZ exe


ee

1992 pA
| Sait 3 : : . : . | +

OAKLAND TRIBUNE.

slayer’s renewed appeal —

turned on appeal, but Luis was again sen- to return the case to Broomfield for a hearing
tenced to death after a new hearing, while on new claims offered on Mata’s behalf by the
Alonzo. got a. life sentence. | «Arizona Capital Representation Project: that
~""Tuis Mata’s federal appeal was denied by his rights were violated by his absence from
d.to’ . U.S. District Judge, Robert Broomfield, then _ his brother’s sentencing hearing, and that his
e ‘held. by the 9th Circuit for three years, until” lawyer failed to develop and present to the
the U.S.Supreme.Court ruled-last. year that . trial judge available evidence against a death
of Avizonass deat penalty law was constitution: sentence. : ;
Bd to ore rf 3 "The July.1991 decision focused on the Herbert Choy sdidithose claims were not part |
arguments over Mata’s sentencing and the ., brothers’ confessions... The court.said.Alonzo of the appeal Mata originally filed before
performance of his triallawyer. 6) Mata admitted his involvement and told offi-. Broomfield and could not be considered dur-
rformance of bis trial /awyer. |... cers his brother had done the stabbing. Luis _ ing any stage of that appeal.
seek'to raise’ then admitted-he had cut the victim’s throat, Ju = sane |
1 [s in’a new appeal ir the ‘court said. Neither brother testified at _ udge William Norris dissented, saying
trict Court in Arizona; But because of yester-'- theirtrial... -" | Ln wea Kael SP OIEN the: court Should allow Mata to expand his
day’s action, the arguments can be'dismissed “Tn 1987, after the Mata trial, the U:S. Su- appeal to include the new claims rather than —

cathout further review. if'a judge concludés — preme e Mata trial, the es. Ou.) Making him file a new federal appeal. His ~
withou - review. if.a‘judge Concludes — preme Court ruled that the confession Of one~’ - oo ond appeal would be covered by a 1991 °

Fp

they could have-been defendant, who incriminates a co-defendant q
of the case... 330°. 2h ae and then refuses to testify, cannot be used as “Supreme Court ruling — that a state prison-
. " Mata and his brothe ‘Alonzo, ‘were con- evidence in the second defendant’s trial: fle, ER, inmost cases, must raise all constitutional
victed of first-degree’murder.in.the March Luis Mata argued that the ruling made his" ene the first federal appeal or for-
: year- “prother’s:confession inadmissible’ against *¢!* Seiad oe gee all
ate contended the ruling did not The appeals court also said no judge had .

‘1977: slaying of a 21-year-old woman ‘whose .
‘body was found at the side of.a road in West him; the. state conte | _ | |
“Phoenix... Be re eee ee cover appeals from earlier. trials.: But:.the voted to refer the case to an 11-member pan- ,
' ‘The woman, who had‘been at'a bar’ with: © appeals court said)the ruling did not:help:Luis el for.reconsideration. That leaves Mata with ©
the brothers and another friend, was beaten because his own confession, and testimony-by - only an appeal to the Supreme Court in his _

ee

and raped by bo thers, and then stabbed other: witnesses, would have. convicted:him . current case.
by Luis Mata, according to. court ‘records. even without his brother’s statement.::: .... . Lawyers in the case could not be reached

Both: brothers’ death: sentences were over- ° : n yesterday’s decision, the court refused: _ for comment.

reek ON


PLORGLNGR, ALLZ. {MeuUulcs } MULUGSE Ga daw sauce nn Sage sid Sissi we” eh Me 7
lethal injection early Thursday for Slashing the throat of a young Phoenix
woman in 1977, prison officials said.

Mata, 45, had spent the last 19 years on death row for raping, beating and
killing 21-year-old Debra Lee Lopez. Her nearly decapitated body was left ina

roadside ditch. ;

Officials said an apparently remorseful Mata died at 12:51 a.m. local time
after receiving the fatal injection at the state prison complex.

Witnesses said the 45-year-old said ~*Tell everyone I'm sorry,'' before
being administered the mixture of sodium pentothal, pancuronium bromide and
potassium chloride.

“He died 55 seconds later.

Mata's case was thrust into the public eye last year, when Arizona Gov.
Fife Symington lashed out at the court system for allowing such cases to drag

on.

With the murdered woman's parents at his side, the governor called on
prison officials to start a hard labor program that would punish death-row
inmates like Mata. ;

Mata escaped death this week, when the U.S. Ninth Circuit Court of Appeals
in San Francisco stayed his execution Tuesday. But the decision was overturned
by the U.S Supreme Court Wednesday.

He was the sixth person to be put to death since 1992, when Arizona
resumed capital punishment after a 29-year absence.

04:42 08-22-96

\

Saturday August 24, 1996 America Online:Tinatoms Page l


-c The Associated Press

FLORENCE, Ariz. (AP) -- A Phoenix man who, along with his brother, raped,
Stabbed and nearly decapitated a woman he met in a bar was executed by
injection early Thursday.

: i
Luis Mata, 45, and his younger brother Alonzo raped and,killed 21-year-old
Debra Lee Lopez after a night of drinking, smoking marijuana and shooting
heroin on March 11, 1977.

Ms. Lopez was stabbed so many times and her throat slashed so severely that
she was almost decapitated, authorities said. :

The brothers were convicted of first-degree murder and sentenced to die. They
were resentenced after changes in the state's death penalty law. Mata received
a death sentence again, but his brother, who was 18 at the time of the murder,
was sentenced to life in prison.

At a clemency hearing Wednesday, Mata said he did not kill Lopez but “if I
had been sober ... I would have been able to prevent this, but the way that I
was, no.''

The clemency board rejected his appeal Wednesday, despite testimony that Mata
was born with water on his brain and suffered other brain damage. A
three-judge panel of a federal appeals court and the U.S. Supreme Court
refused to grant stays of the execution.

Lola Rottman, Ms. Lopez' mother, testified at the hearing by telephone,
begging the board to carry out Mata's sentence.

““This horrible murder seems like it happened yesterday. Luis Mata has totally
destroyed our lives,'' she said.

AP-NY-08-22-96 O408EDT
Copyright 1996 The Associated Press. The information contained in the AP.

news report may not be published, broadcast, rewritten or otherwise
distributed without prior written authority of The Associated Press.

~

Saturday August 24, 1996 America Online:Tinatoms Page l


e Urgent Action Program Office ¢ P.O.Box 1270 Nederland 804 9
EXTRA 81/95 Death Penalty 5 Tuly 1995 J
USA (Arizona) Luis MATA Seok :

eee eel

Luis Mata, of Mexican origin, is scheduled to be executed in Arizona on 12 July 1995.

Luis Mata was convicted by a jury and sentenced to death by a judge (in Arizona the trial judge alone decides on sentence)
in 1977 for the murder of Debra Lopez in March 1977. Mata was then granted a resentencing hearing which took place
before the same judge in 1978, who again passed the death sentence. Luis' brother, who was also convicted in the crime,
was sentenced to life imprisonment.

Mata's current attorneys state that his trial was presided over by a judge who is under investigation because of derogatory
racial remarks he made in another Arizona case which has resulted in the African-American defendant being granted a new
sentencing hearing before a different judge. During proceedings on Mata's case, the judge used the term "wetbacks" - an
offensive term for a Mexican in the US, especially a labourer who crossed the US border illegally. A motion to withdraw-
this judge from further proceedings in Mata's case was denied by the Arizona Supreme Court in July 1994.

According to his present attorneys, Mata received poor legal representation at trial, at his resentencing in 1978, and on
appeal. The attorney who represented Luis Mata in his appeal to the Arizona Supreme Court was a recent law school
graduate who was admitted to the bar less than one month before he appeared in court on Mata's behalf. Mata's state post-
conviction attorneys had no experience in representing capital defendants in post- conviction proceedings, and attorneys
who represented him in federal court had no experience of capital cases. Subsequently, it was discovered that substantial
mitigating evidence relating to Mata's severely deprived childhood and family background had not been presented to the
courts. This evidence was first presented to the Arizona courts in November 1993 by Mata's current attorneys, but relief on
these grounds has been denied.

In a petition to the US Supreme Court, Mata's attorneys describe how Mata was born to a poor family of migrant Mexican

farm workers which involved constant moving, insufficient food, poor living conditions, exposure to pesticides, no medical

attention, and family violence. He suffered damage to his head at birth and was a sickly child who suffered from intense
headaches, which increased after an accident when he was six caused him a serious head injury. His father had severe
cnumng problems, and often beat his wife and children, especially Luis, whom he kicked and punched in the head, and

sometimes beat with electric cords. Luis began drinking when he was 9 years old. By the age of 15 he drank daily, sniffed
site and smoked marijuana. At school he was a slow learner, and was placed in.a special education class at age 11. At the
time of the crime, Luis had consumed large amounts of alcohol.

According to his attorneys, a recent report by a Clinical Psychologist describes Luis Mata as having “significant brain
damage that affects almost every aspect of his life". Another expert has reportedly testified that he "suffers from organic

brain dysfunction. Mr Mata is unable to control his conduct in the way that normal people do because of his brain damage".

Further information describes Mata as having achieved scores of 64-70 in I.Q. tests (an average person would score 100).

Amnesty International opposes the death penalty unconditionally as the ultimate form of cruel, inhuman and degrading
punishment, and as a violation of the right to life as enshrined in the Universal Declaration of Human Rights. Furthermore,
the organization believes that the execution of Luis Mata would be in contravention of United Nations Economic and Social
Council (ECOSOC) resolution 1989/64, adopted in May 1989, which recommends "eliminating the death penalty for
persons suffering from mental retardation or extremely limited mental competence."


TSS TEE

en ee ees

ST TERN LO I

BACKGROUND INFORMATION é

As of 30 April 1995, there were 122 prisoners under sentence of death in Arizona. The most recent person to be executed in
the state was James D Clark, on 14 April 1993. The method of execution in Arizona is lethal injection. Prisoners who were
under sentence of death before the state's method of ¢xecution was changed from gas chamber to lethal injection in
November 1992 may choose between lethal injection or the gas chamber. In Arizona the Governor may grant clemency or
reprieves only on recommendation of the state Board of Executive Clemency.

RECOMMENDED ACTION: Please telephone, or send telegrams or faxes:
- urging the Arizona Board of Executive Clemency to recommend that Governor Symington grant clemency to Luis Mata by
commuting his sentence of death;

- expressing deep concern that evidence relating to Luis Mata's deprived family background and mental health pouient was
not presented at his trial;

- stating that the execution of Luis Mata would be in contravention of United Nations Economic and Social Council
(ECOSOC) resolution 1989/64, adopted in May 1989, which recommends "eliminating the death penalty for persons
suffering from mental retardation or extremely limited mental competence";

- expressing concern at reports that Luis Mata was sentenced to death by a judge who used derogatory racial remarks during
proceedings on his case, and who is under investigation for racially offensive comments he made in ancther Arizona case.

Appeals from Mexican nationals living in countries outside Mexico to relevant Mexican officials/embassies in those
countries would be particularly welcome. :

APPEALS TO (SALUTATION)
Chairperson (Dear Chairperson and Board Members)
Arizona Board of Executive Clemency
1645 West Jefferson, Suite 326
Phoenix, AZ 85007 [Telephone: 1 602 542 5656]
[Faxes: 1 602 542 5680]
[Telegrams: Arizona Board Executive Clemency, Phoenix, Arizona]

COPIES TO

The Honorable Fife Symington

Governor of Arizona

1700 West Washington

Phoenix, AZ 85007 [Faxes: 1 602 542 7601] om

The Letters Editor

Arizona Republic

Box 1950 .
Phoenix, AZ 85004 [Faxes: 1 602 271 8500]

PLEASE SEND APPEALS IMMEDIATELY.


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his trousers, but they were
empty:

We wrapped the body
in a blanket and began to
sift the ashes. It was slow,
tedious, dirty work. The
ashes made clouds of dust,
and when we finally got
through we didn’t have
much. There were some
unburned pieces of wood,
a misshapen lead bullet
from a small caliber gun,
a metal bar pin, and four
metal buttons. It was
nearly 5 o'clock when we
finished.

On the flat below, Davis
and ‘Ternberth had found
tracks where a car had
been driven into the base
of the hill. There was a
trail where something had
been dragged up the
slope. A stack of drift-
wood had supplied the
fuel for that impromptu
cremation. There was a
good deal of speculation
by all of us as to just how the crime had been committed. But
it was Ternberth who voiced the question which had been
bothering me since our arrival.

“I’ve been trying to figure out,” he said, “how this fel-
low's head and shoulders could be ‘so badly burned and
the rest of him hardly scorched.”

“It was a hell of a big fire, too,” McClane said,

“Juan was five miles away when he saw the blaze,” Tern-
berth added.

“And that adds up to mistake number one,” Davis an-
swered in that quiet, slow way he had. “The fire was too
hot. To begin with, we know the man was dead when he
was put on the fire. He had to be dead or unconscious and
that bullet in the screen settles it. So why did our killer
want a fire? To destroy the dead man’s appearance. He built
a big one. Then he tried to push the body on, but he
couldn't get close. He got the head and shoulders in all
right and he figured that would do the trick.”

“He went to a lot of trouble,” Ternberth commented.

“Might keep him from getting his neck stretched too,”
Davis replied dryly. “All we've got is a pair of pants, some
underclothes, and shoes to identify him with.”

Left is the killer and right,
Judge John J. Sweeney who
ordered him executed. Below,
newspaperman Lyle Abbott
who suggested to Sheriff Furst
that Indian Joe's acid be tried - -
on the all-important buttons.

“Well, what are you
going to do?” the sheep-
man asked.

“We're going to take
him back to Prescott first.
Then we're going to fig-
ure out why the killer was
so dead set on burning
him. We might find some-
thing to get us started on
the right track, and the
quicker we get back to
Prescott, the quicker we'll
get started.”

The nearest undertaker
was in the county seat.
There was nothing for us
to do but to load the body
into the back of the Stude-
baker and begin our re-
turn journey.

To me, the mystery
seemed unsolvable. I'd re-
cently graduated from
law school and was keenly
aware of the difficulties
which would be encoun-
tered in convicting the

killer if we were ever /

lucky enough to catch him. Fingerprints were just coming
into general use as a means of identification, but the fire
had closed this possibility to us. The fire had also de-
stroyed much of the effectiveness of the Bertillon system
of identification. Unless we could find some identifying
mark in the clothes I could see no logical means of identify-
ing the victim. Even a relative or friend would have diffh-
culty in naming positively that tortured and mutilated
corpse. And as we drove down through Chino Valley where
Arizona’s first territorial capital had been established in
1864, I enumerated these obstacles.

“You're not stretching things a bit, Joe,” Davis said, “but
you're overlooking one thing. The killer wanted to burn
up the whole body. He made a mistake and got the fire
too hot. He probably made other mistakes. When we find
what they were, we'll learn who did it. Some day some-
body may commit the perfect murder, but I'll wager a new
hat this isn’t it.”

It was after midnight when we reached the county seat.
We took the dead man to the Lester Ruffner funeral home.
“I'll get Dr. Southworth down here first thing in the morn-
ing to make a complete postmortem,” Davis told Jack

gt RR EN

‘

ic he said, inspecting theni-car

Amberg, the mortician. “No use getting him out of bed
now. We need some sleep anyhow.”

“Y’ll have him ready,” Amberg promised.

A little after 9 o'clock on the morning of October 8 we
had the doctor’s report and one more bit of evidence
which had escaped us.

According to the medical examiner the dead man had
been approximately five feet seven inches tall, and weighed
between 120 and 135 pounds, His body had the develop-
ment of a young adult, indicating he had been at least
18 years old, and perhaps 26 or 27. Death had been caused
by a bullet wound which had entered the back and pierced
the heart, and the man had been dead some time before he
was put on the fire. Amberg had discovered a badly burned
signet ring on the third finger of the right hand, on which,
despite its condition, we could read the initials A. D.

Davis decided the slug had been fired from a .38 caliber

_ revolver. Pointing to the marks made by the barrel of the
weapon, he said: “Smith and Wesson. The spin was to the
right and there are five grooves scratched into the pellet.”

The slug, the four buttons
and the ring were on the sheriff's

\

tweezers and dropped them in the glass of acid. They
smoked a little and I had visions of our evidence melting
away before our eyes, but after what seemed hours Joe
pincered out the buttons, rinsing them and slowly wiping
them on a piece of soft cloth. When the flat buttons and
the bar pin were dry, Abbott grabbed them.

It was like invisible ink materializing before your eyes.
Where there had been nothing but unintelligible marks
before, the printed letters were now plain and clear. On
the bar pin was the word “Canada.” On the flat button the
larger half was engraved, “For Service at the Front,” and
on the back we found the letters. “CEF, C-20-400754.”

The other three buttons had no printing of any kind.

We didn't need anyone to translate the meaning of those
figures. CEF meant Canadian Expeditionary Force, C-20,
Company 20, or Regimental group, 400754, a soldier's
serial identification.

At that moment Lyle Abbott could have had the sheriff's
star if he’d asked for it. At the Western Union office we
sent a telegram to the Canadian Military Headquarters at

Ottawa. As we walked back to
the office Davis said jubilantly,

desk when Lyle Abbott, a re- ]
porter for the Prescott Evening
Courier, came in, eager for
news of the murder.

Three of the buttons were of
the two-piece metal kind; the
fourth was flat on both sides
and had a screw pin to put it
together. We'd tried cleaning
them. up, but hadn’t been very
successful,

script of Cremation
on the Desert was first
read, TRUE POLICE
Cases’ editors were so
impressed by this
hard-hitting, he-man’s
fact-detective story,
that it was immedi-
ately bought. Then,
prompted by curi-

Abbott listened réspectfully :
osity to know more

while Davis told him what -we
had found. Then he picked up
the buttons andilooked at them:
“There's some printing here,”

fully. .

“I've been looking at it with
a magnifying glass.” Davis re-
plied. “Isn't enough left to».
make out what it says.”

Abbott studied them another
minute, then took an envelope
from the sheriff's drawer and
put the four buttons, the bar
pin, and the ring inside. “Can
I borrow these for ten min-
utes?” . oe

“What for?”

“Just a hunch, Want to come
along?”

We did. Abbott led us in a
beeline to the shop of Joe Van
Tewaa,.a Hopi Indian silver-
smith who made souvenir rings
and bracelets for the tourists
who came through Prescott.

3

When the manu-.

» about the guy who could spin such a yarn, we. |.
* wrote asking him to give us the lowdown. You
could have knocked us cold with’ a lipstick,
however, when we opened Roseberry’s return,
and found ourselves face to face with the above
photo, (Nice, eh?) Hastily, and with fumbling
thumbs, we unfolded the accompanying letter, ;
and started to read. H. K. Roseberry was in-*
deed the subject inthe photograph. The “H’
stands for Helen; she is married, but neverthe>. -
less finds the peace officers from whom. she-.
obtains the facts for her stories extremely co-~
operative, H. K. tells us that she graduated —
from the University of Missouri with a degree
in Journalism, and a burning desire to write. ©
She proceeded to get married, instead, and =
found that to be quite a satisfactory compen- -'
sation until her husband went off to war,
Uncle Sam's fifty-dollar monthly allotment
checks soon proved to be a rather inadequate
substitute for a weckly salary, so she turned to
writing fact-detective stories. This is her first
for ‘True Pouce Cases, and we think you'll
find it a stirring yarn!

“Mistake number two. There
-will be others.”

We were in no mood to wait
for an answer from Canada.
“Nobody around here’s been re-
ported missing,” Davis said. “We

;can figure our victim was a
tourist. If he’s a Canadian, he
probably was traveling from
‘east to west, and somebody on
the highway should remember
him.” ¢ !

‘ * , “What. are you’ going to do?”

A Abbott asked. 3

_» “Joe and I are going up on

~ the highway and find someone
who saw this fellow. You want
to come along?”

plied.

TR ph.

; The road from © Prescott
strikes U. S. 66 at Ash Fork. In
those days of unpaved roads and
uncertain automobiles, most

“»., tourists took two days to cross
-| “northern Arizona. ‘Ash Fork,
about midway across the state,
was an important stopping
place. 2

We tried the restaurants first.
We were asking about a man
we'd never seen. We knew his
height and weight but nothing,
of course, about the color of his
eyes or hair, and we were only
guessing when we said we
thought he was in soldier's uni-
form. We figured it might have

Joe, a big, slow-moving In-
dian of indeterminate age, had
been in Prescott just about as long as I could remember.

He grceted us without surprise and waited for someone
to speak.

“What was the stuff you used to clean up that old Mexi-
can dollar I brought in here?” Abbott eked ;

“Acid.”

“Got some?”

“Here.” The Indian pointed to a glass.

Abbott dumped out the contents of the envelope, “Can
you clean these?”

“Maybe.”

One by one, Joe picked up the buttons with a pair of

been a week or more since he

had hit town. Repeating this to
hashers and cashiers. we discovered that about the only
thing we could be positive on was that our man had been
a Canadian. ;

At the Harvey House, a restaurant maintained by the
railroad, a pert little red-headed waitress made a sugges-
tion which sounded like a good idea.

“J don’t remember anybody like that, but there are hun-
dreds of travelers in here every day. Why don't you go down
to Bill McGuire’s service station at the edge of town and
ask him.”

“Why would he know?” Davis asked.

- “Well, he calls his place the = [Continued on page 74]

“You bet 1 do,” Abbott re-


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\_ (Continued from page 37)

time, no traveling companion?”

“No, I'm sure of that, He told me he
had come all the way from Providence
alone. He said if I knew of anyone who
wanted to ride to Los Angeles, he would
be. glad to take him.”

“He was going to Los Angeles?”

“That’s right. To visit a. friend who

had a rug store on Main Strect.”
. Davis grinned at his undersheriff.
“You’d better go buy a rug, Joe. I’m due
in court tomorrow asa witness in a case.
The birthmarked killer is your meat.”

When the Santa Fe Limited roared out of
Kingman, Joe Furst was aboard. He ar-

“rived in Los Angeles shortly after noon

on October 11. He swung up Main Street
past the pawnshops and burlesque houses,
His coat was buttoned to — the .44-
caliber revolver “on. his

At the first rug store’a salto faced clerk
shook his head. _Hogopian?. No, he had

never heard of

such a man. Two

tion, and received
only a blank stare
and a shake of
the head.

The Arizona
officer wondered.
Had the word
gone the rounds
that Martin was

fellow nationals
covering for him
by feigning ig-

friend the rug
dealer?

At the third
shop he found a
painter placing a
new name on the
door, although
the store seemed
open for business.
Quick -thinking
Joe Furst hit
upon a ruse. He ‘

looked around as
if puzzled, and
then started to
leave. “I’m in the -
wrong place, I guess,” he said.

“We've just taken over here,” said a
clerk. “It used to be Hogopian’s.”

The deputy smiled. “I was looking for
him

“He's taken a ranch ou in Tulare Coun-

’ ty near Yettem.”

“Has a friend of his just come in from the
East, do you know? A tall; dark chap
with a strawberry birthmark?”

“Yes. The man from Rhode Island. I
sent him out to the ranch.”

Nabbed At Ranch

Furst grabbed a cab, raced to the Los
Angeles _sheriff’s office and telegraphed a
warrant for Nichan Martin’s arrest to Sher-
iff Court Smith at Visalia.

nso ag later to become a famous prison .

warden, knew the people of Tulare County,
Calif. made inquiries among _ local
Aradiiane. and before Undersheriff Furst
arrived he had Martin in the hold tank
of the county jail.

He and the Arizona lawman went di. ;

rectly to Hogopian’s.‘ranch.. The former
rug dealer was genuinely amazed to hear
his friend was in trouble. “But if that’s
the case,” he said, “I cannot protect him.
What do you want?”
“To search his belongings,” said Furst.
Four suitcases were stacked in the guest

RED CROSS

room: In thé second the officers found
Arthur DeSteunder’s discharge papers, his
agg a watch with his name engraved

the back of the case, photos of a hand-
bis boy and girl FF sega be ogy to
“Brother,” a belt buckle bearing De-
rt sma name, and his Canadian army

In the third bag was a .38-caliber Smith
& Wesson revolver with the front sight
_ ing. re & Youd

oor mat in the rear of Martin’s
Hudeon was blood-soaked, and beneath it
was a stained strip of. muslin.

However, when accused: of shooting his
trav companion in order to keep from
paying his -promised wages, Martin
pastry eager i. a'cock and bull story to
which he adhered firmly.

He ben sony. having teunder’s pos-
sessions by saying the soldier had left him
in Arizona, going off with someone named

’ Jimmie.He asked
Martin to take
his things on to
California, where
he -would pick
them up. “I have
no idea of what
happened to Art
after he left me,”
the prisoner
swore.

He explained
the blood in the
car by saying
he’d cut his hand
while changing a
tire. He could not
recall where he'd

- last seen the

‘young soldier.

Martin was re-
turned to Pres-
cott and brought
to trial before
Superior Judge
John J. Sweeney.
County Attorney
Clark presented
a. case so airtight
that the defense
counsel, consist-
ing of A. M. As-
tor, J. E. Russell
and John H. Ellis,
could not dent

it, although they
tried brilliantly.

On March 20, 1920, a jury found Martin
guilty of murder in the first degree. Judge

weeney sentenced the birthmarked killer
to be hanged on Friday, June 25.

An appeal was taken to the state su-
preme court. Meantime I had taken over
the county attorn and it fell to me
to contest the appeal. I had followed the
case closely frgm the very day DeSteun-
der’s body was found, and I was abso-
lutely convinced of Nichan Martin’s guilt.

The Arizona Supreme Court in a unan-
imous opinion og maa the verdict and
sentence of the first trial, after I had
answered the appeal by showing there wag
no new evidence, to mitigate the
circumstances of the crime nor to refute
a bit of previous testimony

Thus it was that on Seaticnber 9, 1921,
at 5:01 ‘am, Nichan Martin dro pped
through the trap of a gallows in the state
penitentiary at Florence.

Why pay more. for a fact-detective
magazine when you can buy FRONT
PAGE DETECTIVE for o dime? Every

month F.P.D. brings you the best :.
real-life mysteries. atch for the

April issue on sale March 23.


The charred corpse

was destined for an unknown grave,

and a murderer to freedom. Then an Indian silversmith’s acid

gave the author his turning point in the grim case

Ou: first report about the body on the Yampai Divide
came from Jake Ternberth, owner of the Rafter T sheep .
outfit in northern Arizona’s Aubry Valley. I was under-
sheriff of Yarapai County, and the telegram was addressed
to my boss, Sheriff Warren Davis, at Prescott. It read:

FOUND BODY MURDERED MAN NEAR BIG TANK
COYOTE WASH. WILL CAMP HERE AND WAIT.

The wire had been filed with the Atchison, Topeka and
Santa Fe Railroad agent at the Yampai station on the rail-
road’s main line across northern Arizona.

It was 10 o'clock in the morning when I received the tele-
gram at the office and called Sheriff Davis at his home.

“Notify McClane,” he told
me after I had read the tele-
gram to him. “Get an outfit to-
gether. Ternberth will have
food but we may be there over-
night. Take a shovel and a
screen.”

Twenty minutes later ex-

BY JOSEPH C. FURST

as told to H. K. ROSEBERRY

officio Coroner C. H. McClane, Davis and I were traveling
north in the sheriff's official car, a big seven passenger

’ Studebaker. We had 120 miles to go over mountains and

high plateaus, most of it dirt road.

Between Flagstaff and the Colorado River, the Santa Fe
tracks make what is almost a semicircle. Yampai, named
for art Apache Indian tribe, is in the northwest corner of
Yavapai County at the edge of the Hualpai Indian reserva-
tion. It was nearly 3 o’clock when we turned off the main
toad at the Coyote Wash tank. A hundred yards off the
highway we stopped. Jake Ternberth appeared on the
top of a nearby knoll and motioned to us; following his
signaled directions, we climbed the north side of the slope
until we were about thirty feet above the stock tank.

“Glad you fellows finally got here,” Ternberth greeted -

us. “I was getting a bellyful of camping out with this
corpse. He’s down here.”

The big, red-faced sheepman told us the body had first
been discovered by one of his herdsmen, Juan Martinez.
“Juan tells me he saw a fire up here three nights ago. This
morning he and Salas were bringing a flock from
the lower pasture to the railroad. Juan remem-
bered the fire and decided to see what it was. That

Former Undersheriff, Yavapai County, Arizona, was about daylight. Salas came down to the home

place and got me. As soon as I had a look at it 1

sent Salas in with a message to the telegrapher at Yampai.”

The body was lying face up on a heap of gray wood ash,
The fire had been a big one; its residue covering an area ten
feet across. But for all the angry flames, the dead man was only
partially destroyed.

The fire had eaten the flesh and hair from the scalp, The
arms, shoulders, and upper torso were little more than a
grotesque silhouette against the ash, while the lower half of the
body was no more than scorched, the fire having stopped at
the belt and the dead man’s olive drab trousers and shoes were
untouched.

The tall likeable Davis turned to the sheepman. “You look
around for tracks, Jake?”

“Yeah. Whoever done it was a stranger. They came in the
wrong side of the draw and pretty near got stuck in the sand.
It’s down this way.”

“I'll go along with you and have a look,” the sheriff said.
“Joe,” he said, addressing me, “you and McClane go through
the pockets; not that you'll find,anything. Then move the body
out of there and screen the ashes.”

“What do you mean, they won't find anything?” Ternberth
demanded, “I haven't touched him, and I'd gamble everything
I've got on Salas and Martinez.”

“Take it easy, Jake,” Davis replied. “I wasn’t meaning that
you or your herders had robbed his clothes. But somebody
went to a lot of trouble to burn his face;and hands. They did
that to make it hard for us to identify him. They wouldn't be
apt to go off leaving anything in his clothes.”

It was a grisly, unpleasant job. We searched the pockets of

loztay pesuey Seqtyum SueyoTty ure


Thus Elmer paid on time all current
commitments. But he knew that unless
he could make several such killings, and
with some degree of regularity, that he
would be in hot water again, and soon.
So he took, as we have seen, a chance of
being implicated in mail fraud. —

Previously his investors had written to
friends in distant states, and these people
had written to Elmer direct, begging to
be allowed to participate in his affairs.
Elmer had refused because he did not
want to put his promises in writing for
obvious reasons. But he had saved the
names and addresses. Now he threw
caution to the winds and wrote these>
prospects, telling them in a wave of gen-
erosity that they could even tell their
friends to contact him.

Again the money rolled in faster than
he had to pay it out, and with the very
satisfactory differential, Elmer bought
himself a racing stable and trained horses.
He figured he would regulate perform-
ance, build up a sucker list at small
tracks, and then make a killing.

And if his past had not caught up with
him, undoubtedly he would have.

Like all confidence men, Elmer Huck-
ins was greedy. He had over-reached
himself in the Los Angeles production,
private car and all, One of the business
men who accompanied him and contrib-
uted toward the $100,000, at last became
suspicious. Elmer had not even paid these
cross-continent speculators interest on
their investment.

“The eleven months are almost up, and
you haven't told us the details of the deal
yet!” the man complained with a con-
templative gleam in his eye.

Elmer turned on his sincerity. He
oozed some more integrity. He became
expansive and confidential and chiding.
A verse or two of scripture recited in his
resonant tones helped make his point.
Finally, with the patient air of a parent
who is willing to overlook the bungling
foolishness of an errant son, he offered to
give this investor his money back then
and there. With a tired smile of exasper-
ated amusement, he took a checkbook
and pen from his pocket and prepared
to write a check.

“It’s your loss, you know,” he said,
“but—"

In the end the suspicious investor
kicked in another $5,000 and left Elmer's
luxurious offices feeling that the kindly
paternal man he had just left was the
only real friend he had in the world.

It must be assumed that there was
something hypnotic about Elmer. Other-
wise there is no convincing explanation
to show why, time after time, he was able
so easily to hoodwink those with whom
he came in contact.

But now, Elmer was badly over-ex-
tended. And it was at this time that the
Milwaukee bank official dropped in to
find out some details goncerning the fi-
nancial structure which held together the
cigar kingdom. —!

It was at the end of this interview by

’ the bank official that Huckins fled, realiz-

ing that all was lost.

Now the detectives of the Postal Inspec-
tion Service shifted into high, Elmer had
destroyed all records before leaving Mil-
waukee, so the detectives relentlessly
hunted down investor after investor. For
it was only through the original victims
that Huckins’ trail could be followed,
and the confidence man brought to
justice.

This painstaking investigation went ,

on [rom coast to coast for two years, so
clever had Huckins been in his dealings,
before sufficient air-tight evidence was
amassed to act against the fraudulent
Cigar King.

Finally, in 1932, Elmer was appre-
hended in Iowa and returned to Milwau-
kee where he was placed on trial in the
United States District Court.

Among the witnesses who appeared
against him were officials of the very
cigar manufacturers he pretended to rep-
resent.

And, to be sure, the victims he had de-
frauded. Even in the fact of the evidence,
Elmer somehow managed to look pious,
and very much the solid citizen.

But when the books were toted up, his
ability to fool the suckers did him little
good. The court wasn't even mildly inter-
ested in Huckins’ impressive front. He
was found guilty of using the mails to
defraud, and sentenced to the Fed-
eral Penitentiary at Leavenworth for 15
years.

Cremation on
the Desert

[Continued from page 11]

Soldier Boys’ Station..He was overseas
and seems like he meets and talks with
every soldier who comes through here.”

Davis thanked the girl for her gugges-
tion and we sought out McGuire. His
place on the main highway at the west
end of town had a big sign with a soldier
in uniform on it.

“We're not sure the man we're looking
for even stopped here,” Davis said. “If he
did it was probably about a week ago.
Because he'd been in the Canadian Army,
we thought you might remember him.”

McGuire, a bright-looking youngster
with an irrepressible grin, yelled for
Charlie, one of the station attendants.
Here, luck was with us, for Charlie had
been overseas with a Canadian outfit.

“Sure, | remember the guy,” he said.
“Was he driving a Hudson car?”

Davis shook his head. “We don’t
know.”

“The one I'm thinking about was
wearing a Canadian Army blouse. That's
how I spotted him. We got to bulling and
found we'd been in the same sectors.”

“Tell us everything you know,” Davis
said eagerly.

“There were two of them in this big
Hudson touring. They came in here
about the middle of the afternoon and
had me fill it up. Then they asked about

’

74

a place to eat and a room; said they were
going to California. The other fellow
hadn’t been in the war and | didn’t pay
much attention to him. Ie was about the
same build and age as the soldier, but he
had kind of a strawberry mark on his
left cheek below the eye. Looked like a
birthmark or maybe the result of a burn.
They'd been having some trouble with
the car and asked me to check the grease
in the transmission.”

Abbott asked if the soldier had men-
tioned his name, Charlie nodded. “Yeah,
I think he did, but I don’t remember
what it was.”

We got a list from Charlie of the rooms
he'd recommended and checked them all,
but without success. Evidently, our men
had decided not to spend the night at Ash
Fork. Martinez had first seen that funeral
fire on the night of October 4, so just to
play safe we checked registers clear back
to the 25th of September.

One the way back to Prescott we did
a lot of speculating on the man with the
strawberry mark on his face. Suddenly,
Sheriff Davis made a startling observa-
tion. “Has it occurred to you,” he said.
“that the killer might have switched
clothes with his victim after the shoot-
ing? In other words, the soldier may be
the killer—which leaves us without any
clue to the identity of the victim.” The
thought of this possibility tempered my

enthusiasm considerably, and I could |

only nod soberly.

At 9:30 the next morning we received
a telegram from the Canadian War Of-
fice. Serial number 400754 had been is-
sued to Arthur de Steunder. an American
who had served in the 20th Battalion of

Canadian Infantry. After three battles in
France, de Steunder had been honorably
discharged with the rank of sergeant. He
was 21 years old, five feet seven inches
tall, weighed 130 pounds and had blue
eyes and light blond hair. The bar pin
was a regimental award for combat ser-
vice in France. The telegram gave de
Steunder’s last known address as being in
Chicago.

“East to west, just like we figured,”
Davis said with satisfaction. “Probably
lots of people know those two were to-
gether. ‘That's why the strawberry killer
tried to burn the boy's body—if it was
the boy who was killed,” he added cau-
tiously.

Going to the telegraph office, I sent a
wire to Chicago's chiet of police, giving
the facts of the crime and asking that an
effort be made to contact de Steunder’s
relatives. Then Davis and I started to
Flagstaft.

There are only two main roads across
Arizona east to west. In the north,
U. S. Highway 66 cuts almost straight
across from Gallup, New Mex., to
Needles, Cal. East of Ash Fork there are
only four towns which would be natural
stopping places, Williams, Flagstaff, Win-
slow, and Holbrook.

“If they pulled into Ash Fork a little
after noon,” Davis said, “it isn't likely
they'd stop in Williams; it’s too close.
We'll try Flagstaff first, but I'd say Win-
slow or Holbrook is a better bet.”

Flagstaff at the base of towering San
Francisco peaks, is half lumber camp and
half cow town. The business block is
along the railroad right of way, At that
time there were four hotels and a couple

'

raemisaiien

spew e ee

¥

rington, we checked through all the
stopping places.

“It's a cinch your fellow didn’t stay
here.” Harrington said, “unless he was
using some other name.”

Recalling the statement of the service
station boy in Ash Fork that the travelers
were having trouble with their car, I sug-
gested we try the garages.

Harrington first took us to the Hudson
agency which was owned by L. E. Gray,
editor of Flagstall’s newspaper, the Coco-
nino Sun.

Gray, an observant man. recalled that
the Hudson had been in his shop either
the 2nd or the 3rd of October for carbure-
tor repairs.

“I might not recall these fellows,” Gray
said, “only I noticed they had a broken
rear spring. I tried to sell them a new
one, but the one with the strawberry
patch on his face said he figured they
could get to California the way it was.
He paid for the work we'd done with a
twenty-dollar bill. When I gave him
the change the kid in the soldier’s blouse
tried to get the money. He and the other
fellow had quite an argument about it.
The soldier claimed his partner owed
him $200, and for a minute it looked
like there might be a fight over it.”

“That took place later on,” Davis said.
“We found the one in the soldier’s blouse
shot in the back, and his body half-
burned.”

I asked Gray what time the Hudson
had been in his shop.

“It was between 11:30 and 1. I come
over here every noon while the foreman
goes to lunch. I think these fellows were
in here last Friday, or it might have been
Thursday.

“Can you find out?” Davis asked.

“T might check the job tickets.”

It took about thirty minutes, but when
we left Gray’s garage we knew that our
man had been in Flagstaff between 11:30
and 1:00 o'clock on Thursday. October 3.

If they had spent Wednesday night in
Arizona there were only two logical
places they might have stayed, Winslow,
sixty miles east, or Holbrook, thirty-three
miles farther back on Highway 66.

Davis and I headed for Winslow.
There were still a lot of things we didn't
know about that grisly murder, but I had
already accepted the sheriff's prediction
that it could be solved.

In Winslow, a Santa Fe Division point
and supply town for the cattle ranchers
to the south and the Navajo and Hopi
Reservations on the north, we checked
hotel registers.

At the Statler we hit pay dirt. Arthur
de Steunder had registered for Room 112
on October 2. Immediately above this
was the name Walter Thompson, and
below it Nichan Martin. Martin had been
in 114, Thompson in 110.

We located the night clerk who had
been on duty when the register was
signed, but he couldn't recall those three
mcn.

It was disappointing but Davis refused
to be discouraged. “When we started on
this thing, Joe.” he said, “we were look-
ing for onc man out of 125 million, Now
we've got it narrowed down to two.”

of rooming houses. With the help of”
~ Coconino County's sheriff, J. O. Har-.

We went down to the telephone office
and called Prescott. There was nothing
new from Chicago. Then I sent a second
wire to the chief of police in the Illinois
city telling him that we thought de
Steunder might have been traveling with
either Thompson or Martin.

I figured we'd head for home but Davis
turned the big Studebaker east. “We've
been lucky so far,” he said. “Now that
we've come this far we might as well see
if anybody remembers them in Holbrook.
Couldn't get home tonight anyhow, and
if Chicago does give us the right name
we can start things humming from this
end just as well.” :

In Holbrook, we checked in at the
Commercial Hotel. Looking back through
the hotel register, I found de Steunder's
name. He had listed his home as Chicago:
on the line beneath was written, Nichan
Martin, Boston, Mass.

“Pretty near had a fist fight when it
came to paying the bill,” the hotel clerk
told us. “This soldier claimed the other
guy owed him $200. He wanted the
money or the guy’s car. They settled it
gut in the street and drove off together.”

“He paid him off over beyond Ash
Fork.” Davis said. “Shot him with a .38,
then tried to burn the boy's body.”

The clerk's eyes bugged out and he
swallowed with difficulty.

Recovering his composure, the clerk
became a gold mine of information, The
soldier, it seemed, had poured out his
troubles to the clerk's willing ears. “The
way IT got it.” the hotel man said, “this
fellow with the birthmark owned the car
and had hired the soldier bov to drive
him to California. ‘They had been a long
time on the road and he'd retused to pay
the soldier. They'd had a row over it
back at Cooley and the soldier was sup-
posed to either get his money or the car
when they reached Holbrook.”

The lumber camp of Cooley was in the .
White Mountains sixty-five miles south
of Holbrook, off the main highway. Ap-
parently, Martin and de Steunder had
made a side trip and the fact that they
had been nearly a month coming from
Chicago was evidence that neither one
had been in a hurry to get to the coast.

We stayed in Holbrook that night and
were in Cooley by 10 o'clock the next
morning. We knew we wouldn't have any
trouble finding traces of de Steunder and
Martin. The town consisted of a general
store, one hotel, one gas station, and one
garage. All the buildings were owned by
the Southwest Lumber Company.

At the garage John Barringer recog:
nized both names.

“Thad a lot of trouble with them fel-
lows. I'M tell you about it and then vou
can talk to Chick Davis.” :

“We're listening,” the sheriff said.

“They were here four or five days. I've
got the date somewhere, but Chick will
know. The second gear was broken in
their Hudson and the battery was bad.
They had me drive into Holbrook to get
them a new battery and parts for the
transmission. That took me a full dav.
Took me another to take down the trans-
mission and fix it up. My bill was forty-
seven dollars. ‘They said they wanted té
try the car out, so I let ‘em take it. When

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CARPENTERS |


Mark Henle, Staff photographer

Luis Mata, convicted killer, appears Wednesday at a state clemency
hearing with his lawyer stations Kirchnoies, The plea was rejected.

Associated Peedn rl

FLORENCE —. Luis Mata’s
fight to stay alive lost ground on
two fronts Wednesday, leaving him
one last chance to avoid his
scheduled execution early today.

After nearly a day of testimony
from Mata’s ‘friends and family,
the Arizona Board of Executive
Clemency voted, 6-0, Wednesday
afternoon against recommending
clemency or reprieve for Mata,
who was convicted 19 years ago
in the murder of Debra Lee

‘Lopez.

Earlier in the day, the US.

Supreme . Court voted, 6-3,

vacate a stay of execution granted
Tuesday by the 9th U.S. Circuit
Court of Appeals in San Fran-

cisco. The appeals court

Killer Mata loses 2 rounds.

— KILLER, from page B!

Defense lawyers also cited the
testimony of Mata’s brother,
Alonzo, who was convicted and
sentenced to life in prison for the
murder of Lopez, 21, whose throat
was slashed so severcly she was
nearly decapitated. Alonzo Mata
now says he, not his older brother,
killed the woman.

The victim’s mother, Lola Rott-

man, testified by telephone, beg-

ging the board to carry out the
sentence issued in her daughter’s
_ murder.

“This horrible murder seems like
it happened yesterday. Luis, Mata
has totally destroyed our lives,” she
said. “I can’t understand why this

sentence hasn’t been carried out.”

Luis Mata told the board he did
not kill Lopez, but “if I had been
sober, I would have been able to
prevent this, but the way that I was,
no.”

Mata’s lawyers have said he is

brain-damaged and retarded. ‘They
also have said he finished a college
course while in prison, and serves
as a religious counselor to other
inmates.

Some board members questioned
how both could be true.

“This is not in any way, shape or
form the same man who was
sentenced to death 19 years ago,”
said John Stookey, one of Mata’s
lawyers. “If we believe anything,
we must believe in redemption.”

granted the stay to sort through
factual and procedural questions
in Mata’s case.

Mata’s attorneys can appeal
again to the 9th Circuit Court, but
the state is prepared to petition the
Supreme Court to overturn a
second stay, if granted.

' More than two. dozen of Mata’s
relatives and supporters filled the
clemency board’s hearing room to
testify that he is a retarded,
brain-damaged man who was inap-
propriately condemned to die.

' Mata’s lawyers argued that the
judge who first sentenced him to
death did not know that Mata was
born with water on the brain,

suffered further brain damage as a

child and was exposed regularly to
pesticides as he -and his 15

Thursday, August 22, 1996

Killer Mata loses 2 rounds } in fight to to stay alive ~

siblings moved around the country
as migrant farm workers.

If the judge had known those
facts, in addition to the fact that
Mata was drunk and using heroin
the night Lopez was murdered,
Mata would not have been a
candidate for capital punishment,
defense lawyers said.

The board heard testimony from
Mata’s girlfriend, Helen Panessa,
who calls herself his wife. She
wept as she read a letter from him.

“Nineteen years ago, I would
not have minded being executed
because of the kind of person |
was,” she read. “But since I met
my wife, Helen, if I will be put to
death, she will be dying also.”

— See KILLER, page B2

The Arizona Republic B3

ated |

qhon £-L4- 76 ARIZOWA_KEeLEBLic

— KILLER'S, from page Al

Now, even Mata’s most enthusi-
astic defenders concede that keeping
him alive won't be easy.

} Mata’s attorneys will plead for his

life at a meeting of the State Board

of Executive Clemency on Wednes-
day in Florence.

“Even. if they vote for clemency,
tHiat’s only a recommendation to the
gévernor,” said John Stookey, one
of Mata’s attorneys. “And the gover-
nor has already expressed his belief
ite Mata’s guilt and the appropri-
agness of his being executed.”

jov. Fife Symington was in-
dimant over Mata’s stay of execu-
fon last vear, standing beside the
victim’s parents and calling it an
“obstruction of justice.”

Failing clemency, Mata’s attor-
neys can ask the Arizona Supreme
Court for another stay, and they can
file motions to halt the execution
with the U.S. 9th Circuit Court of
Appeals and the US. Supreme
Court.

Attorneys for the state promise to
fight the moves “every step of the
way,” said Paul McMurdie of the
Arizona Attorney General’s Office.
-_ “We've already filed our position
with both the 9th Circuit and the
U.S. Supreme Court,” he said.

Mata and his brother, Alonzo,
were convicted in the March 1977
slaying of Debra Lee Lopez, 21,
who was beaten and raped at the
brothers’ Phoenix apartment, then
left in a ditch with her throat cut.

Both brothers originally were
sentenced to die, but they were
resentenced later because of
changes in the state’s death-penalty
law. Alonzo drew a life term; Luis
again was sentenced to death.

ELuis Mata’s lengthy stay on death
row is not unusual for Arizona's
condemned. Death-row appeals of-
ten span 10 to 15 years or more.

‘Mata would be the sixth person
pit to death in Arizona since the
sfate resumed executions in 1992
cher a 29-year lull.

# Stookey is fighting for Mata’s life
v§th several arguments, one of
Which is that Mata is mentally
r@arded.

a“This is a person with severe

bgain damage and a very low 1Q,”
8
w

Luis Mata/His
lawyers are
pessimistic
about a reprieve,
despite what
they say is
evidence of
innocence.

Stookey said. “He often just doesn’t
understand what is going on. For
instance, when he was originally
sentenced to die, he fully believed
that when he left the courtroom he
was being led straight to the gas
chamber.” ,

Stookey said Mata’s background
almost guaranteed a messed-up life.

Family members said they believe
Mata’s birth brought them bad luck.
The month he was born, thieves
raided the family’s ranch in Mexico,
his sisters have said in sworn
affidavits.

“My grandmother said that Luis
‘brought the salt, ” said one sister,
Guadalupe Mata Garcia.

Life soon got worse for the
migrant-worker family. What food
they did have was usually poisoned
by pesticides; the water the children
drank came from pesticide-polluted
irrigation ditches.

According to court documents,
Luis and his siblings — he was the
fifth of 16 children — lived in fear
of their abusive and alcoholic father,
Cirilo Mata, who once chased _ his
wife with an ice pick, threatening to
kill her.

Luis also suffered a childhood
fall off a truck, which cracked his
skull in quarters, family members
said. They said he changed after the
accident, suffering hallucinations,
headaches and insomnia. His behav-
ior became erratic: He shaved his
head, talked to himself and terror-
ized farm animals, grabbing chick-
ens and roosters and plucking their
feathers.

Mata’s background aside, Stookey
also said Mata didn’t kill Lopez,
and that defenders can prove it.

He points to Alonzo Mata’s sworn
statement of December 1994, in
which he admits to killing Lopez
himself.

Killer’s execution likely

Alonzo’s statement says that he
and Luis began drinking and shoot-
ing heroin at 6 a.m. March 10, 1977,
and by the time they took their
friend Lopez to Luis’ apartment.
they were “very messed up.”

Alonzo, 38, said he told Lopez he
wanted to have sex with her.

“She refused, and we started
fighting,” he wrote. “Things got out
of hand, and I ended up forcing her
to have sex with me and hitting her
a number of times.”

Alonzo said he and Luis drove
the unconscious woman to a rural
area:

“After we stopped, I saw a knife
in the car that was used for working
in the fields. I grabbed the knife.
Luis stayed in the car and did not
see me take the knife. After |
dragged Debbie out of the car, I cut
her throat.”

Stookey said he believes Alonzo’s
statement. But the man who origi-
nally interviewed both Matas isn’t
buying it.

Dan Dryden, a retired Phoenix
detective, has no doubt of Luis’
guilt.

“When we arrested and _ inter-
viewed them, Luis at first denied
having anything to do with the
murder,” Dryden said. “Then I
talked to his brother and he told me
what happened, told me Luis did it.”

Dryden said he led Alonzo into
the interrogation room where Luis
was sitting.

“Alonzo said, ‘It’s all over, to
Luis and I cut the conversation off
with that and took Alonzo out,”
Dryden said. “Then Luis admitted
he did it.”

Luis seemed indifferent to the
crime, he said.

Dryden also said he found no
evidence of mental retardation in
Luis.

But the man who prosecuted
Luis, Michael Donovan, said last
year that he would not have sought
the death penalty if he had known
more about Luis’ upbringing. He
said Luis’ lawyer at the time did not
make that information known.

Contributing to this report was staff writer
Susie Steckner.


i Ai SF itn i erm eae Se

~

of poison-gas shells

By Philip Shenon bf 16 VA %6

New York Times

WASHINGTON - After years of
Pentagon denials, a group of
veterans of the Persian Gulf War
is offering the first compelling evi-
dence that U.S. troops were ex-
posed to Iraqi chemical weapons.

The soldiers and former soldiers
who say that nerve gas and other
chemical agents have begun to
ravage their bodies were members
of the Army’s 37th Engineer Bat-
talion.

Unlike thousands of other
Americans who have complained
that they suffer from the ailments
collectively described as Gulf War
syndrome, the men of the 37th can
pinpoint the time and place that
they believe they were exposed to
chemical weapons: 2:05 p.m.
March 4, 1991, when the battalion
blew up 33 Iraqi bunkers in the
southern Iraqi desert.

The Pentagon acknowledged
this summer —- more than five
years after the end of the war,
more than four years after the
United Nations made the first evi-
dence public — that one of the con-
crete bunkers probably contained
shells containing sarin, a deadly
nerve agent, and mustard gas, a
blister agent that can burn flesh.
The bunkers were destroyed to
keep the Iraqis from re-arming
immediately after the war.

Defense Department officials
say their initial review of the med-
ical records of the battalion offers
no evidence of/an unusual pattern
of health problems among these
soldiers. While it concedes that
cheraical weapons were probably
at the arsenal, the Pentagon has
said that it still has no clinical evi-
dence that the soldiers were ex-
posed.

But the veterans of the 37th tell
a different story. Many say they
are sick. In interviews with 37 of
the nearly 150 battalion members
who were reported in the vicinity
of the arsenal at the time of the
explosion, 27 said they had suf-
fered serious health problems
since the war.

Their ailments, they said, in-
clude mysterious infections and
rashes, serious gastrointestinal
problems, fierce headaches and
constant fatigue. Many have been
hospitalized for unexplained ail-
ments; some have had surgery.

“We just want to know what’s
wrong with us,” said Christian
Tullius, a veteran of the 37th from
Cupperas Cove, Texas, who left
the Army only last month.

“We were paratroopers — elite
troops, in great shape — and now
we're all sick as dogs,” said Tul-
lius, 28, who has been operated on
nine times for intestinal ailments
since the war and had much of the
muscle wall around his stomach
removed.

So far, medical experts have not
been able to determine a cause for
the reports of illness, and have
disagreed over whether the syn-
drome in fact has a medical basis.
More than 60,000 Gulf War
veterans have asked for special
government health screenings to
determine if they suffer from ail-
ments related to the war,

The accounts given by members
of the 37th, however, have raised
concerns about the credibility of
the Defense Department, which
until recently insisted it had no
evidence that Americans might
have been exposed to Iraqi chemi-
cal or biological weapons.

nT a tone
there is the possibility that tens
of thousands of other soldiers
downwind from explosion
exposed as well. as
et investigation of the incident
at the Kamisiyah arsenal, includ-
ing interviews with officials at the
d a review of classi-

* Pentagon an r

Army reports on the explo-*
fied ‘ ig Aiphi me things:
. *

that chemical agents might have
been released at Kamisiyah, even
though the U.N. investigators

made the information public in at .

least three reports to the Security
Council in 1992. The United Na-
tions said that copies of the report
were also provided immediately to
the U.S. government, including
several federal libraries.

= Some veterans of the 37th
Battalion dispute crucial elements
of the Pentagon’s initial account of
what happened at Kamisiyah. The
Pentagon has said that according
to battlefield reports, soldiers con-
ducted an extensive inspection of
the site for chemical weapons be-
fore the blast, and that detectors
found no chemical agents after the
explosion. But some veterans said
chemical-weapon alarms went off
shortly after the blast, leading
many soldiers to don rubberized
chemical-warfare suits immedi-

ately.

® The battalion ran short of the
chemical suits, and troops were
encouraged not to unwrap new
suits even when chemical-gas

alarms went off. The alarms went

off frequently during the war —
several times a week, with most
dismissed as false alarms by com-
manders. Several soldiers said
they often wore only gas masks
when the alarms went off, leaving
their skin exposed.

“We were just told to put our
masks on and get inside the tent,”
said Dale Cook, a 28-year-old vet-
eran from Fremont, Mich., who
said he was suffering from kidney
stones, a mysterious fungus that
is causing his fingernails to drop
off, rashes across much of the rest
of his body and chronic fatigue
that causes him to nod off at work.

Even as the Defense Depart-
ment has suggested that exposure
to low levels of chemical weapons
does not carry long-term health
risks, Pentagon officials acknowl-
edge that in fact little is known
about the long-term effects. One of
the few studies done on the issue,
a 1974 report in a Swedish re-
search journal, said low levels of
chemical weapons could produce
cancers and “chronic illnesses” of
the central nervous system.

The former members of the bat-
talion, which is based at Fort
Bragg, N.C., were located through
Army records and referrals by
other veterans. While those inter-
viewed are not a random sample,
there still seems to be a remark-
able amount of illness among a
group of young men who, as para-
troopers in the war, were required
to be in peak physical condition.

James Stark, 29, who still
serves in a National Guard unit
near his home in Fort Scott, Kan.,
said he suffered from migraine
headaches that last four to six
hours. They “totally incapacitate
me — basically I tough it out until I
get hit with waves of nausea and
begin to vomit a lot, and then I’m
forced to leave work.”

Patrick T. Hopper of Ronkonko-
ma, N.Y., who left the Army only a
few months after the war, said
that he had suffered from nausea
since the war and that he had
been rushed to a hospital emer-
gency room last month after near-
ly passing out from vomiting.

Often, he said, he is so tired
that he sleeps until the middle of
the day. “I just associated all of
this with getting older,” said Hop-
per, who is 25.


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——

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