Newspaper Page Text
flONEE & DONALDSON,
Ty ESPECTFULLY inform the Citi
f zeiie of Arizona, that they kave
formed a Co-parternership for the purpose
bfdoiBg all kinds of work id the line of
in the beat manner nnd at very low price
Wagon and Carrinije Ironing and repair
ing. Plows ard all oth-r A,riroltB' Im
Vietaents Bet up and pi. order.
Home and HIul Shoeing.
specially attended to, and the work
one by skiliful workmen Bnd in such a
anner sa to give enfire satisfaction.
Made and repaired in the BEST and
NEATEST manner and at
Shop on Gila Street, iu their new build
iDJr dec 13 tf.
MBS. M. J. SMITH, -
Late of San isiego, ucutfomia,
Would respectfully inform the citizens
of Yuma, that she has opened a
LADIES' AND CHILDREN'S
taiisifmg nifliFonnj (Ml
u First itiwit. in the house formerl oc
cupied by Hall Hanlon.
Crocheting , Tatting, Tapes
tby and Embroidery,
Qti&mans and Sofa Covers,
Ladies1 and Infants1 Sacqiies,
Lamp and Toilet Mats,
CoUarr. Trimmings. eh j
ALL OF MY OWS MAKE, j
Aad told at reasonable priees.
STAISPIKG, PINKING, BKAIDIK5
Done te order.
ESP Order's will Be promptly attend
KB TO and KKATLY EXECUTED.
A shard of the public patronage is res
peetfully solicited. feb'23-tf
SHEEP! GOATS! !
We respectfully invite the attention o
wool growers to our fine stock of Cotswoo
8heep and Angora Goats. We have 200
head of Pure Breed AngoraB to select from ;
we have Bbcae of the finest Goats in Ameri
ca; we guarantee everything we sell to be
ns represented ; our prices are ns" low as
any in Amerii-. f . rh same grade of stock .
Coll and see, ,r allure.
1 ANDRI 7t & itODGBBS,
jel3-ly. WatBODville, Cal.
Mai street, Yuma, k T.
. Meats at all tours,
Sewed up in the
Tery Sesl Style,
THE VERY BEST
THAT THE MARKET AFFORDS.
Cooked in tbo HIGHEST
ox ijuia i uo Aivi, and
SERVED in the BEST and
MOST ARTISTIC mane
Oorner B and Fourth Street,
8 AN DIEGO, CAL.
All stages for the interior call at this
jtf iftf Proprietor.
SATURDAY, - - December 26th.
Geo. Tyng and C; W. C. Row
ell arrived by stage from Tucson,
Mrs. H. S. Fitzgerald arriv
ed from California by stage last
Capt. Wilcox, one of the prin
cipal owners in the C. S. N. Co.
went down the river on the Co
copah, last Thursday evening?
Wiii B. Hooper & Co. have
shipped during the week by wtoa
raer to Wan Francisco, 300 tons of
argentiferous galena ore, from the
Castle Borne mines.
The weather is very fine. We
are enjoying a Yuma Winter.
The nights and mornings are cool
and bracing, but the days are fine,
Wm. P. Miller,! Esq. came
down on horse-back last Wednes
day evening, from Castle Dome
Landing and left for that place
again Thursday afternoon.
Christmas Ball- The ball last
night at the Court-House was a
very pleasant affair. Beautiful
ladies and gallant gentlemen
were there, and all enjoyed them
selves most heartily1.
The C. S. N. Co's. steamer Co-
copah, Capt, Mellon, from Fort
Mohave, Ehrenberg, Castle Dome,
and all up river ports, arrived
laFt Thursday about noon, and af
ter stopping about one hour, pro
ceeded on down the river.
FA3T Time. Under the head
of "New To-Day," it will be seen
that the enterprising proprietors
of the Southern Overland stage
line, Messrs. E;v!i Mitchell,
have materially short nod the
tiiii.' Through to Tucson from
Sar. Diego in five diy?. is pretty
good. We expect soon to have a
duly ui il on this route.
The Bight lie v. .bishop Sal
pointe, Vicar Apostolic of Arizona
and New Mexico, arrived in Yu
ma by stage from Tucson, last
Tuesday morning. This' celebrat
ed Catholic Prelate, well and
widely known even among Pro
testants, for his genial disposition
and true piety, as well as his pro
found learning and great liberali
ty of sentiment, as far as his
theology will allow, is always
welcome wherever he goes.
Bountiful Lay-Out. The
sight in front of the Grand Hotel
yesterday morning was enough
to make an epicure's mouth water.
There, might be seen many of the
good things that were afterward
served up for the Christmas din
ner. There were turkejs, geese,
chickens, ducks, quail, pigs, fresh
oysters in the shell, etc., etc., all
in prime order. The dinner was
served up in magnificent style,
and we will ventnre to say, could
not be excelled this side of San
Flour-DPr hundred ooundsi a.l.5o'2r,.n0 !
Corn mfti .?10
Barley $5 " "
Be -f 12 per pound'.
MnU-.n '-: "
e-.i'aNR ( fr -!j ) He pr
(Sweet) 6c'. per-- r
Cabbage 8c. per "
Onions (Strong) 12c. "
Eggs $1 per dozen.
Chickens (yellow legged) 75a.
(black legged) 50c,
Turtle and other Fish As you can
Geese, ducks, quail, rabbits and other
game At private rates.
Other articles in proportion, except ex
treme luxuries, which are plenty nnd cheap
and to be obtained at various prices, ac
cording to quality and style.
Chile Ooioraao aim Huarp.
At Yuma, on Wednesday evening De-hor-.)M,1
hv H. E. Lindsev. Justice of
the Peaee, Jo?e Jerez to Altag racia Pro-
uiquu an ui j.uuiu.
In Ran Francisco, Cal., December 14th,
of apoplexy, John Wigutmak, a native
ot Baltimore, Md., aged 47 yeara.
Mr. Wightman was an old re
sident ond well known commis
sion merchant, of San Franciscoj
and father of Prank Wightman,
now at the mprpinrilp house ot
! H. S. Fitzgerald & Co., in Yuma, j
The following report of a trial
of a case in Tucson,, which has
created much interest throughout
the Territory, we copy from the
Citizen of Dec. 19th :
Trial, Conviction and Sentence of
J. T. Holme, Indicted for Kill
ing M. H. DnCield.
This case seems to justify a pret
ty full statement, and now that
the end has been reached in the
district court, no harm can possi
bly follow what we give here
with. Chief Justice Dunne presided.
C. W. C. Kowell acted as district
attorney for. the people, and
Messrs. Mciiarry & Clark and
John Titus for the defense. The
charge was murder, and the inj
diutment found Otobpr 9,74.
jTiHl negnn .M.winr In. :
with vVnig jurv: K. Mc-
CaflVey John Brown, Jarrus Hurt
D. Davis, J. 13. Smvver, T. Bu
jock. 8. M. I-.u)s, J. P:tche'o. Pr
H. H. H.!t O. Keiehenbiicn,
Joseph Ffrrin, J. OahiM. On th
18th of November, at 12:30 p. m.,
jury retired for deliberation. At
11:20 of the 19th, having been out
nearly twenty-four hours and not
being able to agree, and stating
to the court there was no pro
bability of agreeing, by consent of
all counsel, the jury were dis
charged, THE SECOND TRIAL.
The second trial began Novem
ber 2'6, 1874. The following jury
was impanneled: J. M. Ochoa. F.
Tapie, B. Plumridge, F. J. Beales,
C; G. Jones, Wm. Wakefield, B.
Palm, J. L Hunt, J. Lucke, J. G.
Hucke, H. W. Dodd and D.
The evidence shows substantial
ly that the prisoner Holmes and
the deceased, Duflield, both claim
ed adverse interests in the Bronco
mine; that Holmes for himself
and others was working, on the
mine about June 5, of this year;
that Duffield had repeatedly de
clared that he would kill any body
he found in possession of that
mine, mentioning Holmes among
others; that Duflield was by gen
eral reputation a violent, turbu
lent and daugerous man; in the
habit of going armed with six
shooters, derringers and bowie
knife, arkl given to use these wea
pons upon slight provonarinn.
w ... tnreats ana I'Snmoier wer
tuimnuni atod t
iatod to defend and prior j
to Lhe kilhnt ; th-it on the Sin of
June, Duffield came to the mine
and approached the house where
Holmes was. jrivint? three, i uJ
calls as he amm-'ach '.; th i Hoi-
rnr-s nit-Ke t up -1 -hot rn i nnd j
-i-'ir-d uiii. uwut ieii feet from
the door, advancing quarterly to
wards Duffield who was then dis
tant about thirty or forty feet and
approaching at a fast walk, with
no weapons in sight; thut Holmes
said to Duffield: "E understand
you have come here to drive me
off. Now keep away from here."
That Duffield continued to ad
vauce swinging his hut in front of
his breast, but saying nothing,
that Holmes said again: "Keep
away from here," and about that
time Duffield being some fifteen
feet distant, Holmes fired and
Duffield fell mortally wounded,
dying in a few moments.
The claim was that Holmes act
ed in necessary self-defense; that
he was protecting his property
and his person against a man who
was evident'y nuking a feloniou.
attack; that he had good reason
to believe that Duffield was armed
with concc 'ed weapons, and that
if he allowed him to approach
close enough, he, Holmes, hml
good reason to balieve that Duf
field would kill him.
It was contended on the other
side ihat Holmes had purposely
placed' himself ia the nosH.ion h
w:t.s i-u."'i tv, tue froe ot use KM!
iug; that he went to i. j mine j
with a knowledge of iuirneld'ai
threat-, accepted an Interest
in tue ni me witn tne Koowieugp
of such a situation of affair-"; that
he had gone Uicv- n a de'iber
ate )ir,y.r-. r Tur?'-!d i'
the latter omum mane any thing
like a hostile appearance there,
and finally that he was not justi
fied in the homicide, not having
done his best to avoid the difficul
ty. CHAKGE TO THE JURY.
We- are unable from lack of
space to give the chaige in full,
but on the matter of defense of
property, his Honor charged as
Much has been urged before
you by counsel for defense, as to
the right of kill in defense of pro
perty, but you must understand
that one is not justified in law in
killing in defense of property
against a mere trespasser upon
j Sycn pr0perty
The onlv kilhug
which m this Territory is just
ifiable in the matter of defending
property, is when the trespasser
manifestly intends to commit a
felony, or where any person or
persons manifestly intend and eng
deavor, in a violent, riotous and
tumultuous rcunner, to enter the
habitation ot another for the pur
pose of assaulting or offering per-
feonal violence to any person dwel
ling or Oeinp- therein.
killing in self-defense.
On this head, his Honor, among
other instructions charged as fol
lows: Now as to killing in self
danse, First. In order to make a
killing in self-defense justifiable,
it must appear that the circum
stances were sufficient to excite
the fears of a reasonable person
that his life was in danger or that
he was in danger of receiving
great bodily harm. You are to be
the judges of the reasonableness
of those fears. It is not enough
that the party killing had fe-trs of
his life or limb. You must be nble
to say, from the circumstances of
the case as shown to you, by the
evidence that those fears were the
fears of a "reasonable" person.
Second. It is not enough even
that he had such reasonable fears,
but you must be convinced that
he acted under the influence of
:those. fears and not in a spirit
Third. It is not -surli-ient ih it
fehe had such reasonable feaM, nor
that he acted under the influence
of those fears, but is must also ap
pear that the danger was ?o ur
gent and pressing that in order to
Mive his own life or prevent hi
receiving great bodily harm, the
killing of the other was absolutely
Fourth. Even all of the fore
going conditions are not sufficient
to make the killing justifiable
homicide, but even when they all
exist, it must appear also that the
person killed was the assailant, or
that the slayer had really and in
good faith endeavored to decline
any further struggle before the
mortal blow was given.
The law regards human life as
the most sacred of all the interests
committed to the protection, and
there can be no successful setting
up of self-defense, unless the dan
ger is so urgent and pressing, that
in order to save, one's life or pre
vent the reception of great bodily
harm, the killing of the other per
son was absolutely necessary and
also that the p-trty killing did not
begin the. assault, or, if having be
gan it, that he really and in good
faith endeavored to decline any
further struggle before the mor
tal blow was given. Such is the
Uw of self-defen.-e as established
by the Legislature of this Terri
tory. The other charges related to the
definition of manslaughter and of
murder in the first and second de
grees, and the distinction the
jury must make between com-muni'-ai'
1 and uncomraunicated
threat- by the deceased.
The jury retired December 7, in
the afternoon and were out all
j night. Next day at 9 a. m. they
returned a verdict of mans'mugh-
iter. The inn! occupied five ilays, ;
h -re -,-' j oeen some adjourn-
ments on account of the sickness
of one of the jurors.
Before the session of the legis
lature of 1870. the punishment for
the crime of manslaughter was
imprisonment in the Territorial
prison for a term of not less than
three and not more than ten
years. But in 1873, the punish
ment was reduced to imprison
ment for not less than one and
not more than five years. On
Tuesday morning, December 15,
the court pronouueed judgement,
that the prisoner Joseph T. "Hol
mes, be imprisoned in the Terri
torial prison for the term of -three
years, and that he be confined in
the county j ul of the county of
Pima and Territory of Arizona,
until a Territorial prison be es
tablished and until the further
! der of the court.
A CARD TO THE PUBLIC.
Short Postponement of tlic
Fifth. Gift Concert.
As manager of the gift concerts
given in aid of the Public Library
of Kentucky, my position creates
an !mport!!if 'r'lt ?rj behalf of the
i'uolic Librarv and '.
holders of the" fifth gift concert.
The Public Library of Kentucky
.and tbe-iticket-holdera are joint!'
interested in the amount of the
! drying. T:. l::ro-' r the fun.J to
be distributed in gifts the greater
will be the gift awarded to each
lucky ticket-holder and the more
the amount realized by the Li
brary. To have a full drawing is
so manifestly to the interest of
those interested that, rather than
have a fractional drawing on the
30th inst, I deem it due to the
trust confided to me by the ticket
holders and the Public Library of
Kentucky, that a short postpone
ment be made to enable me to
dispose of the unsold trckets and
have a full drawings ffhoigh the
very large amountMnojyIm bank
wouia enable us ItelWlstLvoute
handsome gifts, y
feel disappointed iiwMougiijst
concert, should we ibeTcomoellea
to make a fiactiomuSaraing;!
We have received
a number of I fitters
of the country fronJjoses'
largely interested, urfchSta w
ponement if all the fiiigSts bFha
r01ve r vil a r ge 1 1
sold by the 30th, that' we' feel
strengthened in our sense of duty
to the ticket-holders and the Pub
lic Library, to make the postpone
ment. Under the circumstances,
we have determined in the inter
est of all parties, to postpone the
concert arid drawing to Saturday,
February 27. 1875, at which time
the drawing will positively take
place, and, as a guarantee of goori
faith toward ticket-holders we
pledge ourselvas to refund to any
ticket-holder his money, upon
presentation of his ticket, should
the drawing fail to come off at the
day now fixed. The past, we feel
assured, will be sufficient guaran
tee to all interested that they will
be fairly and honestly dealt with.
The money paid for tickets is
sacredly preserved against all
ontingencies until after the pay
TnfVf . flf'ts. i f-.r which the
expvtjses nre to be rehn ired and
ibe Public Library is to ;e paid its
THOS. E. BRA M ! ETT.E,
Agent and Manager.
Nov. 29, 1S74.
The schooner San Diego, arriv
ed here yesterday. Her mission
is to receive on board several hun
dred Angora goats at this port for
shipment to r Guadalupe Island.
There is in this, as in all business
places, a rivalry among traders,
especially that class which pay
attention to ships' supplies. Wal
lace of the Central Market, and
Meister further down on Fifth
street have, we believe, the mo
nopoly at present in the matter
of supplying meat. These firms
rospgctively dispatched their re
presentative drummers in small
boats to the vessel as she wassail
ing up the bay. Wallace's man
it seems had a few yard3 the start
of his competitor from Meister's
establishment; but the latter pull
ed up however and reached the
vessel simultaneous with the for
mer. Wallace's agent is known
as " Buffalo Bill," and in his
eagerness to do justice to his em
ployer and be "first on deck" of
the schooner, slipped his cable in
some manner in his efforts to
scramble up from his boat, and
fell headforemost in the water. It
appears that Bill's training in the
art of swimming' has been sadly
neglected, end when occe in the
"drink" became utterl; heipiesd.
He sank once and his ( .tnpetitor,
young Meister, comj ehending
the situation rowed 1 the .pot
just as poor Bill was si iking the
third time, gri--rt h i by the
nair, an i, uMeo ry ie oi inu
boat's ere ,v wii- had ished to
the rescue, dragged the poor fel
low into their boat perfectly un
conscious and almost gone. A
vigorous rolling on the boat's
deck and some restoratives ren
dered Buffalo Bill himself again.
Mr. Meister informs us that some
ten minutes elapsed from the time
the youner man was taken out of
the water until he was perfectly
conscious, and for some time after
wards he imagined, himself still
tumbling in the waves and begg
ed to be rescued. We don't know
whether poor William succeeded
in securing the ship's trade or not;
but the first intimation Mr. Wal
lace had of the affair was a note
from a little boy who approached
him almost breathless and in the
last stages of mental excitement,
telling Mr. W. to read quickly
and act promptly. The note
read: "Mr. Wallace please4 get an
other man for my place. I am
drowned." Wallace raadeinjuiry
of the boy and heard the facts as
stilted above and whether he un
derwent any "prompt" actions or
not, we are unable to say; but
Bill returned all right ia due
time, not quite drovvnd-ed but
bearing upon his unsophisticated
countenance au unmistakable
careworn look. Everybody is
glad that Buffalo Bill was rescued
fr n: '.) t ' - , y grave,
but that j ..he ot resigning his po
sition because he imagined him
self drownd-ed will last Mm until
ho shuffles off his mcrti i coil in
the natural cuurse of ever .-. San
Du yu jWrrld
'It's iiu use, said tne patient
when Dr. Bolus prescribed an
emetic, "I've tried it twice, and
it won't stay on my stomach."
WM. & LARKIS,.
.First and Mam streets.
THAN ANY OTHER MAN IN- -THE
TERRITORY , , '
OF ARIZONA. 4
THE COLORADO STEAM"
Leave San Fran&iscc
for Meodcan Ports and Mouth
of Colorado River,-
EVE it Y TWENTY DAYS.
Connecting with River steamers
for points along tb river.
Freight. Delivered at Yuma'
i?i twelve flays fro?n
Superior Fasenger Accommodations
Agencies of the Company ai(
610 Front street, San Francisco, Cal1
Yuma and Ehrenberg, A. T.
I. POLHAMUS, Jr:,
nov 1-tf . Genv Suprt.
Yuma to San i Francisco
Cabin, - - $0'coin
Steerage y - - 25 fe
Accommodations FIRST CLASS.
I. POLHAMUS, Jr.,
YtfMA, - - a. 2.
The undersigned, well known throogb
oiitjthe Territory and California, and for
merly of the
Das opened the
ijn Main Street,
Whwh noe he has fitted up in eicliut
No Pains or Expsase
will he spared 10 make it -THE
HOTEL of the COUNTRY.
EThe rooms are LARGE and WELL
VENTILATED, and the SITUATION
The proprietor is determia'ed tfeat fcere,
The tired Traveler,
The Sojourner, and
The Transient Quest.
Shall find the comforts ofnoMK.
will be supplied with the heat
the markets afford, to
gether WITH LUXURIES
Is nttatched to the Hotel,, where" 6r,tf
Wines, Liquors and Cigars may be found.