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CAN. HE ti A PHOENIX, ARIZONA, TUESDAY MORNING, OCTOBER tf, 1804. VOL. V. NO.. 120. FOURTH YEAR. IN COLD Wm. E. Price Shoots F. Shurbert. W. The Most Gruel Murder In Phoenix. A FATAL Revenge of a Humiliated Man. The Pitiful Crawling of His Wounded Victim. A MERCILESS MURDERER. tered the Phoenix Fruit store and buried itself in the wall near where the pro prietor, Mr. Murdoch, had stood a mo ment before. There is a conflict of testimony concerning what occurred at this point. Some say that Shurbert struck at Price with a knife or hie hand. Mr. McClintock says he did not, but immediately turned, jumped across the gutter and ran across the street. The murderer tired at him but missed. The next lime he took what seemed to be a devilishly deliberate aim and the bullet hit the fleeing man in the left hip. He stumbled but did not fall, and another ball struck him in the lower right leg, breaking both bones. He fell on his face but partially raised him self on one arm and looked back over hir shoulder appealingly at the mur derer who was now upon him. He made a pitiful attempt to crawl away, but Price held the gun almost against his back below the right shoulder blade and fired. There were still two more cartridges in the revolver and the murderer tried to shoot his victim in the back of the head. Shurbert turned his head away and the bullet entered the ground, but the side of his face was burned black by the discharge and his clothing was on fire from the former one. All this happened with lightning like suddenness. Mr. McClintock seized the murderer's pistol hand and Price turned the weapon and tried to shoot his captor in the stomach, but the superior strength of the reporter saved him, and he painfully wrenched the murderer's arm in his effort to get the gun. Beside, almoBt at the same Mr. P. Minor went to bring her in a carriage. Sua nsu gumereu tireutui and insisted on walking, and did walk bravely up the stairs and along the hall way until she caught eight of her hus band's feet. She sank back in a faint and was caught in Mr. Minor's arms. Her grief was great, but not demonstra tive. She seemed to be stunned by the suddenness of it. The physicians having detei mined thaf death would not be immediate, it was decided to move the wounded man to the residence of his wife's uncle, Red mond Toohey, at the corner of Second and Jackson streets, their hone, a couple of blocks below, being small and inconvenient. Indignant Citizens Talk Loudly of a Lynching. A Sunday Night Poker Game. A jack pot in a game of poker at the the O. K. saloon on Sunday even ing contained apparently three or four dollars. If the players had examined the pot more closely they might have seen more. They would have seen that one of the players had anteed his life, to be surrendered the next day, and that the other had met the ante with his life, to be delivered by the hangman some months hence. But they didn't see this and they went on playing. The players were Shurbert and Price. At one point in the game, which was to be decisive as to the possession of the pot, Price laid he had "queens up," two pair. Shurbert said he had a flush and threw down his cards and prepared to to take the pot. Price managed to ex amine the discarded hand and discover ed that the colors did not blend. There were four diamonds and a club. He re monstrated but Shurbert reached across has three children, the eldest a little girl of eight. Shurbert also came to Phoenix about a year ago from St. Louis. He is a plasterer by trade and his first work here was on the new Fleming block. He and Al Barton went into partner ship and have been engaged in plaster ing and laying cement sidewalk. He was a hardworking, honest man whoBe good humor and jollity made him many friends. He was very devoted to his family. The distressing circumstances of thiB tragedy are heighted by the fact that his wife is again about to become a mother. What the Law Has Done. Soon after Price had been lodged in jail Justice Rincaid issued a warrant for his arrest for assault with intent to commit murder. No other action will likely be taken on it though until Shur bert dies. Shortly after the shooting District Attorney Williams asked the wounded man if he wished to make a statement. He replied that he did not as he might get well and beside he did not wish to prosecute Price. The district attorney did not press the matter any further sircean ante-mortem statement is value less unless the victim is in tear of death, but he told him that if he desir ed to say anything to him at any time to send for him. At 1 o'clock Shur bert sent and made a statement which has been legally signed and sealed. It is said that it is substantial lv the same as has been related above. THERE IS HOPE. A Doomed Murderer May Escape the Gallows. The Question of Insanity Is Again Raised. The Loop-Hole That HasSaved Many Others. 2 A Brutal Murderer Undergoing a- Medical Examination As to His Sanity Friday His Last Day. instant, Officer Slankard ran up and the tabe an(j t00 not oniy tje pot, seized Price. He drew his revolver and placed the muzzle against the mur derer's side commanded him to "un hook." Justice Johnstone was also among thoBe who first seized Price, and when he had been disarmed he directed Officer Slankard to take him to jail. Precautions the Jail Taken at Against Abnormally Swift Justice. Shurbert Alive But Condemned by Physicians to a Cer tain Death. Price Manifests Neither Anxiety Nor Remorse A more cowardly murder (for though the victim was still alive at an early hour this morning, his certain death is a matter of enly a few short hours) never blackened the criminal record of Phoenix than the shooting yesterday of W. F. Shurbert by Wm. E. Price. The utter wantonness of it was sickening and appalling. Whatever provocation may have existed passed into nothing ness in comparison with the fiendish cruelty of the murderer. The killing occurred in the heart of the city within view of several score of men and within reach of a half dozen persons. A cheap Execution on the Tapis Some cne in the crowd yelled "hang him!" and one man drew a revolver.! Under Sheriff King, who had come up saw the facility with which a mob could be formed out of that crowd, drew his revolver and declared that the first man who made a hostile de monstration would die in the interest of good order. The fortunate presence of nearly every member of the sheriffs office, all the constables and City Mar shall Molkjy, without doubt prevented the lynching of the prisoner. As he was led away he said, "any man would have done the same thing under the same circumstances." After his arrest he was the coolest man among the hundreds who sur rounded him and betrayed no signs of either remorse or fear. The Shooting itself. The two men met on the sidewalk in front of a Washington street saloon. Both were talking low but Price was murderously in earnest and Schurbert was earnestly apologetic. AtlaBt Price was heard to say "You know you're a g d d n robber; you stole that money last night and by g d I'm going to do you. I'm fixed for you this time." City Editor McClintock of the Gazette was passing and was attracted by this part of the conversation. He had stopped by the side of Price and when he made a motion to reach for his gun Mr. McClintock attempted to step to the other side to intercept the weapon if it Bhould be drawn. He was too late and the revolyer was drawn and almost simultaneously and evidently prematurely discharged. The ball en- The Dying Victim. Schurbert groaned in agony and said "I'm done for" but he retained his nerve in a remarkable manner. He was taken up and at the direction of Dr. Walker carried to his office in the Thibido block. During the journey he talked concerning his condition but when he was laid on the operating table the collapse came. The face which had been unchanged sud denly grew gray and Drs. Walker, Hughes and Stroud thought it was death. Later there was a revival and it was discovered that his lower limbs were paralyzed. This might have re sulted from a shock or from positive in jury to the spine. His wounds were examined ; those in the hip and leg have been already described. It was found that the bullet which had en tered the back had passed diagonally through the body emerging just in front of the left shoulder having cut through the lungs. The wounded man's condition at this time was so much better than the doctors expected it to be that they said while death was imminent, he might live several hours, perhaps days and there was one chance in a thousand that he would get well. In the meantime his wife had been sent for that she might see him before he died. She was so prostrated by the news that she was unable to come, and but his opponent's chips and every thing else in sight. A fight was the consequence of a move tA this sort in poker game. Price being the smaller man was worsted, beaten and humiliat ed. It iB said that Shurbert afterward left the monev with the proprietor who turned it over to Price yesterday morn ing. Both went away but Price return ed later in the evening, armed. The proprietor of the saloon tried to get bis gun away from him. Yesterday morn ing he returned early but said little about the trouble of the the night before. It was noticeable that he refused to drink any intoxicating liquor and though he frequently stood at the bar he took only soda water. He remained in and about the saloon until half past eleven when Shurbert came along, He went out on the street and they engaged in the conversation already described and walked along down the street perhaps twenty feet to the point where the mur der began. The Murderer and His Victim. Both Price and Shurbert are well known in Phoenix. Price is an unmar ried man of 26. He came to Phoenix about a year ago fram New Mexico, but his home is at Colorado, Texas. He has been variously engaged in teaming, working on a ranch and on a thresher. He has more recently been employed by George Kemper, north of the city. He finished his work at Kemper's last Saturdav. was paid off and came to town. His reputation for sobriety, industry and BteadinesB is good, and his crime of yesterday astounded his acquaintances who said they had regarded him as the most harmless ot men. He has accumulated some property. When he was searched yesterday there was found upon him $24, two notes, one for $700 from a man in Texas, upon which $200 had been paid, another for $285, upon which there was a payment of $175, a $200 certificate of de posit from the Phoenix National bank, just issued. He had just loaned a man $25. He had beside a valuable team which stood all after noon at a hitching rack near the court house plaza. His only other possession, so far as known, is the new 44 Colt's revolver with which he committed the murder. Shurbert is a married man 36 years old. His wife is a niece of Redmond Toohey, the well known contractor. He By the Associated Press. San Fbancisco, Oct. 8. There seems to be probability that Antone Vital, who brutally murdered the Chinese at Santa Barbara, and is under sentence to be hanged at San Quentin next Fri day, will escape the gallows. Warden Hale believes him to be in sane, and has called in Dr. Asa Clark, formerly superintendent of the Stoek tone Insane asylum, who also expresses the opinion that Vital is inEane. Fur ther examination of Vital's condition will be held at San Quentin tonight, and if the doctors agree that Vital is insane, the governor will be called up on to commute the sentence. A TRUNK'S WANDERING. Guarding Against Too Swift Justice There were rumors and threats all afternoon of lynching the prisoner, Many of the threats were made by the better class of citizens who were moved not only by the cruelty of this murder. but by a wish to discourage a growing murderous tendency in this community. The jail officials were determined that their prisoner should live to be tried in a regularly constituted court and ac cordingly the usual guard at the jail was doubled. There was no apprehension that an assault would be made on the jail until Shurbert died, so they kept themselves informed of his condition all night, and a deputy paced back and forth across the court house entrance. There was no demonstration during the night by indignant citizens, though a leader could easily have found willing followers. Its Owner Obliged to Walt While It Makes a Voyage to Liverpool. NewYokk, Oct. 8. Nearly all the girls of the senior class in Normal Col lege have been deeply Interested in the wanderings of a trunk belonging to Miss Jennie Whitney, which strayed away on September 8 last. Miss Whit ney had returned from her summer va cation in time to resume here studies when colleee opened, September 10. She came from Fall River on the Puritan and upon arriving in the city gave ber trunk check to the agent of the New York Transfer company. In stead of the trunk being delivered at her residence. No. 23 Seventh avenue, by sjnie mistake it was taken to the Cuuard Line pier and put aboard the Lucania.thus enjoying the quickest trip both ways on record. ; It returned Saturday mdrning with out being damaged, although Miss Whitney was put to much inconveni ence without her trunk at the opening nf the college vear. She was informed by the transfer company that, if it were necessary for her to purchase anything to do so and bring her receipted bills, when the money wouicl De reiunaea. Miss Whitnev was compelled to spend over $c0, and' the NVw York Transfer company will make it good to her. The Victim's Condition. At 6 o'clock last night it was thought Shurbert would not live until morning. At 9 o'clock the paralysis which had only affected his lower limbs was creep ing up on his body and he was breath ing from his stomach. Death seemed very near. His condition had not very materially changed at midnight and at 2 o'clock he seemed to be resting some what more easily though he was still in great physical agony. He was con scious at all times. The physicians say that he may live a day or two but that his death within a short time is abso lutely certain. A TON OF POWDER. The Murderer's Sweet Sleep. The coolness displayed by the mur derer was continued throughout the afternoon and evening. He apparently took little interest in the result of Shurbert's condition andvas equally apathetic concerning his own. He said little about the tragedy but what little he said was in justification of his deed. His mind continually ran back to the wind up of that poker game on Sunday night, the loss of the jack pot, his beating and humiliation, and he overlooked the subsequent bloody and exciting incidents. At length he lay down and slept as sweet ly as any other inmate of the jail, bb if there were no outraged citizens likely to break in in the night, and if they did not, as if no noose was dangling over him. Suit to Oust a Judge. PBiNCKTON,Ky.,Oct. 8. The attorney general of Kentucky has filed a suit against E. W. Hubbard, judge of the r-irv nnnrt of Princeton, for the posses sion of his office. Hubbard wbb elected hv a small maioritv last November, and qualified only one month ago. This si.it ie the outgrowth of a charge of non-residence againBt Hubbard, in that he refused to be listed for city taxation A Passenger Taain Scatters a Wagon Load of it at a Crossing Wilmikgton, Del., Oct. 8. An ac cident, the possibilities of which are horrible to contemplate, occurred today at, Dntont'a private crossing of the Philadelphia, Wilmington A Baltimore railroad near Edgemoor station. That it did not prove to be a terrible disaster is almost a miracle. A large wasron drawn by four horses and containing a ton jot smokeless powder from Duponi's woi ks was "truck by the passenger train which left this citvfor Philadelphia at 10 :05 o'clock. The vehicle was hurled a distance of about twenty-five feet. Two of the horses broke loose and ran away, the other two were thrown down an em bankment and the driver was oaary injured. A GAS GEYSER. An Indiana Well Said to Be the Big gest Ever Struck. WileyvilijE, W. Va. Oct., 8. The big gas well on Indiana Creek, ten njileB from here, in Tyler county, has broken loose again, and the roar of escaping gas can be heard a dozen miles away. The well belongs to the Victor Oil company, and was drilled into the sand Sept. 6. The pressure threw the tools, weighine 4,0C0 pounds, out of the derrick," wrecking that structure. In about a week it subsided, but now has broken out with tenfold power, ana ex perienced oil men pronounce it the big gest gas well ever struck in the world. Enough gas is oeing wasieu uauv lu light and heat a city of 100,000 popu lation. After Would-be Champions. Boston, Oct. 8. James J. Corbett to night issued a challenge in which be says : "October 10 I will deposit $10, 000 with David Blanchard of Boston as an evidence of good faith, and I will de vote one week after July 1 next and, I will fight one man every night durig that week. This will be the last time 1 will ever train for a pugilistic contest. Now. you would-be champions, Robert Fitzsimmons, Peter Jackson, Ed Smith, Peter Maher, here is your chance. I will fight before the club offering the largest purses. I bar nobody."