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Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, February 12, 1913, Image 3

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85032923/1913-02-12/ed-1/seq-3/

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On Advice of District Attorney, Judge
McLane Discharged Slayer Of
Edward Zieger
(From Thursday's Daily.)
"The aooroval of the law was
placed upon the right of a man to
protect the honor of his family or
any of its members when T. J.
"Morrison who killed Edward Zieger
at Octave last Saturday night walk
ed out of the Superior Court room
last night a free man, following a
motion for the dismissal of the case
by no less a personage than District
Attorney P. W. O'Sullivan.
The preliminary examination be
gan at seven o'clock and lasted four(
.hours. During that long penod
there was unfolded a story that re
sulted in the complete vindication
of the act of Morrison in the taking
of human life. It was not a pleas
ant story by any means, many of
the details being unfit for publica
tion. In fact spectators were bar
red from the hearing and the ruling
was one of wisdom.
After all the evidence had been
heard District Attorney O'Sullivan
arose and said: "After listening to
testimony given by the witnesses
and taking into consideration the
facts and circumstances surrounding
the case, no other conclusion can
be reached but what the defendant
was justified in protecting the honor
of his daughter and the lives of his
family. It is an unfortunate case
unfortunate for Mr. Morrison that
he" was forced to commit the deed,
and unfortunate for the bereaved
woman who sat here and listened to
the story of how she was made a
widow, but the conclusion is forced
Iiome that under the circumstances
Mr. Morrison was justified and as
the representative of the prosecut
ing office of the county I move that
the charge be dismissed and the
prisoner discharged from custody."
In accordance with the views ex
pressed by Mr. O'Sullivan, Judge
"McLane ordered the discharge of
Morrison and he was immediately
the center of a group of friends of
fering congratulations upon his ac
quittal. Such in brief was the result of
the proceedings to determine wheth
er Morrison should be bound over
for trial on a charge of murdering
Edward Zieger. The dramatic mo
ments of the hearing came when
the girl told her story on the stand
and when the father related how in
fear of his own life and the lives of
liis family and rendered almost in
sane by the knowledge that the man
who attempted to assault his daugh
ter had the temerity to seek him
out at his own home, he turned
loose both barrels of a shotgun he
liad borroed from a boy and fol
lowed them with a bullet from a
The witnesses for the prosecution
gave evidence that establishednotlv
ing more than the fact of Zieger's
death and the nature of the wounds
he received, three in number two
gunshot wounds, one in the pit of
the stomach, one on the hip and a
rifle wound, the ball entering the
left breast and emerging at the
right shoulder blade. Sheriff Keeler
and Lester Ruffner the undertaker,
were called for this purpose. Dan
B. Genung, who was the foreman
of the Coroner's jury threw no light
on the tragedy. Mrs. Zieger was
asked if she knew the reason her
husband went to Octave the day of
the killing and she said: "Yes, the
reason he went there was because
a girl told some lies." Objection by
Robert E. Morrison, counsel for the
accused stopped the remainder of
the answer. Asked the same ques
tion again the witness replied in the
same vein. A further question as to
what happened elicited the response:
""I presume he was murdered." The
answer was stricken out.
J. A. Britton, who took the place
of Morrison as nightwatchman at
the Octave mill, the evening of the
tragedy related the circumstances of
removing Zieger from the postoffice
porch where he was shot to a house
across the street and finding a 38
Colts revolver in Zieger's overcoat
Robert Zink, who is employed at
the store run by Zieger at Congress
Junction had no real knoweldge of
the facts of the case and his ex
amination was in consequence, very
Katie Morrison, the 17-year-old
girl who was the innocent and un
witting cause of the killing bore up
bravely for a time when telling of
the assault made upon her by the
dead man but' the strain was too
great and she told the remainder
of the story between sobs. Her
evidence was corroborated by her
mother and Mr. and Mrs. Williams
with whom she made her home in
Congress Junction while employed
at the telephone office as central
Morrison told of returning home
from Phoenix, hearing the story of
the assault upon the girl and the ef
fect it produced upop him and the
events of the day that had such a
tragic ending.
"Why did you shoot Zieger?" ask
ed Attorney Mrrison of Morrison.
"Because I thought he would
shoot me. I knew he was a man
without fear and was a desperate
man. I was prepared to protect my
family as I am the only support they
have and the honor of my daughter.
I knew Zieger had killed men and
had beaten iip others who did not
agree with him."
"Was there any other reason?"
"Yes, I thought a man who had
assaulted my little girl should have
known better than to have come
around when he must have known
the frame of mind I was in after
hearing her story, and his coming
was evidence that he was looking
for trouble."
"That is all" said Attorney Morri
son and the Prosecuting Attorney
forebore cross-examination.
Mrs. Zieger and Mr. Zink were
re-called but their evidence only
sub-stantiatcd details of the testi
mony the Morrison girl had given.
In fact the evidence by the girl was
fully and completely corroborated
and in not one instance was her
story impeached by any of the wit
nesses. Mrs. Zieger was excused from
the court-room and then came the
speech of the District Attorney and
the end of the case.
NEW YORK, Feb. 4. While it
has not yet been determined just
how much work a judge is expect
ed to do to earn his salary, plans
are now under way here to find out
just how much work they do ac
complish, and for the first time in
the history of the courts the mem
bers of the judiciary are soon to be
confronted with something very
like a timeclock. While matters
have not yet come to such a point
that judges will be expected to
punch such a clock like any employe
arrangements have been made by
which tabs will be kept on their
work in a manner just as strict. The
clerks of the trial parts of the Su
preme Court have been furnished
with special charts on which they
will keep a record of all the work
performed by each judge. Lawyers
have openly charged that certain
judges "loafed" and that they would
hear many more cases if they work
ed as much as the judges in other
counties. The New York judges,
however, have always had defenders,
who contended that more work is
performed by individual judges in
New York county than anywhere
else in the state. While the keeping
of the record is done through an
order made by the Supreme Court
judges themselves, it is done at the
suggestion of the State Bar Associ
ation which passed a resolution to
that effect at its last session. Among
other things the record will show
the number of cases heard by each
judge, the successful litigant, the
number of disagreements, defaults,
dismissals, and discontinuances,
amount of the verdict and the num
ber of opinions written by the judge.
PROVIDENCE, Feb. 6. Gover
nor Pothier ordered boxing prohib
ited because bouts are a "disgrace
to civilization."
(Prom Thursday's Daily)
Another one of those Arizona
pioneers has answered the sum
mons and the grim reaper claims
W. H. Ferguson, his death occur
ring late on Tuesday night after an
illness of many months, due to a
general breakdown in health. The
passing of this Pilgrim of the Gila,
is a sad one, as there is removed
to another sphere one of those men
I wno ncipea 10 masc nisiory lor
t i . i . i r
the old territory and through whose
Ti ,:ir i 'j.. it. t i
umgciicc aiiu luuuMij uic uuiuci-
land was redeemed that others
might enjoy the fruits of the hard
ships borne by the early Hassay-
amper who blazed the way and
builded after he finished the work
that was attended with privations
and dangers but few of this gener
ation appreciate.
The deceased was a typical fron
tiersman, and among his virtues
that will be cherished as time wears
away was his splendid fellowship
and a generosity that made him
friends by the score in other days.
He was gentle in manners, but as
resolute as adamant in his patriotic
zeal. Although a soldier of the
north during the civil war strife,
and a patriot to that cause, he was
magnanimous to those on the other
side, and this characteristic was al
ways exemplified whenever the oc
casion arose for the blue and the
gray to mingle. In short he was
a good man and an exemplary citi
zen. His death revives an incident
in early manhood that few, if any,
know in this community, and which
was filed with a thrilling experience.
Ar about the age of twcntj--fir-lil?iI- ma" f the BakcrsfieId Cal- fiel11
left New York city with a party
of about thirty for Australia on a
gold seeking mission. After a long
sea voyage they disembarked at
what is now the city of Townville.
Later they outfitted and went out to
the northern part of the island and
established a camp in the Mt. Pow
ell range, where they-prospected for
the yellow metal. Success followed
and the aggregate wealth of the
party reached several thousand dol
lars. Returning to the nearest set
tlement after supplies, their nation
ality directed investigation and they
were taxed to a "finish," as the de
ceased stated, on many occasions in
after years. After a few years in
locating new gold fields of promise,
and after exploring the country to
ascertain the source of the metal,
they were summoned by the gov
ernor of the province to swear al
legiance to the Crown of England.
The civil war began, in the United
States, and the motive for the extra
ordinary exaction was grasped in an
instant. Other Americans from re
mote place were also rounded up,
and the total strength was an even
sixty. Protests were advanced
against this arbitrary action of the
ruler, but the iron will of that offi
cial prevailed. The handful of aliens
banded themselves into a solid front
and held a secret meeting. All em
phatically and indignantly refused to
have the yoke placed around their
necks with the exception of only
one, and so informed the magistrate.
They were ordered to leave the
country in three days, but speaking
for his party Mr. Ferguson advanc
ed to the front with a demeanor
that was firm and yet courteous,
and asked for only one day in which
the Americans would comply with
the order. A sailing vessel was ly
ing in the harbor, when the fifty
nine boarded it, and inside of thirty
hours were sailing away. Arriving
at Vancouver the loyal Americans
went across the line to their home
land again. All landed in San
Francisco late in 1861, and the ma
jority enlisted in the army to fight
for the union. The deceased was as
signed to Co. I of the Fourth Cali
fornia Volunteers Infantry, and sent
to Drum Barracks, now Wilming
ton, near Los Angeles, for further
orders. The regiment was ordered
to the front, and started on foot
across the desert to Tucson, via
Yuma. Three years passed and the
deceased was mustered out at Tuc
son in 1865. He drifted to this sec
tion, and arrived in Prescott in 1866.
He was given the position of chief
quartermaster clerk at Fort Whip
ple in recognition "of his military
record, and which he filled capably.
Afterward his valuable services
were secured by Hinds & Hooker,
the contractors who were supplying
the military of Arizona with meat,
and the deceased had charge of that
mportant duty. He was compelled
to travel from one post to another,
and in this line of work had a dang-
crous duty to perform, the country
being infested with the Apache,
Leaving the military and the con-
trading firm above, the deceased
followed mining in this field for
over forty years, but with varying, ley & Co., who operated the prop
success. His once vigorous frame ertv extensively manv vonrs ncn.
gave way to old age and privations
of early days, and the end cam.; as
though he was passing into a deep
sleep, and without any struggle to
resist the inevitable. He was born
in Schenectady, New York, on Au
gust 4, 1832, reaching the ripe age
of nearly 81 years. He was the
last of his family, a sister passing
away but a short time ago at the
old home. He leaves a devoted
wife, a daughter, Mrs. W. H. Dunte,
and a son, Gibert Ferguson. He
will be laid away by his comrades
of the Grand Army and as he affec
tionately requested but a few hours
before the end came.
(From Thursday's Dally.)
Fred C. Evans, manager of the
Verde Valley Oil Company, who is
in the city for a few days, reports
the new well as having reached a
depth on Monday night of 570 feet,
and as yet not an ounce of water
This condition is regarded as fav
orable. The formation being pass
ed through generates a strong gas
pressure and carries salt and blue
shale. It is the belief of Mr. Evans
that the conditions for developing
oil within the next few- hundred feet
arc decidedly flattering in view of
what is being determined, and he
states the drilling will be pushed
ahead as energetically as possible.
The diameter of the. well to a depth
of 500 feet is fifteen inches, but
from that point down has been les
sened to thirteen inches.
A slight mishap to the machinery
occurred, and after the arrival of re
pairs drilling will be resumed this
week. Mr. Evans is an experienced
ana is very much elated over the
outlook at not alone the well he is
drilling, but at three other points
where rigs are in operation in the
Vere Valley.
" r - . ...
(From Friday's Daily.)
Lester Cuneo, one of the Selig
Polyscope players is a versatile
young gentleman, but none of his
many friends knew he had a bent
toward natural history until last
Wednesday, evening.
On the occasion named the hand
some young actor decided he would
abandon all frivolous pursuits, for
sake the fleshpots of Egypt and be
come a student of animal life. Such
a laudable ambition was encouraged
by a number of congenial spirits
and the man who makes the Selig
pictures infamous started his studies
with the badger an untamed beast
of the wilds whose habits could not
be detailed in a good, family news
paper. His tutors secured the badger
and then some one suggested 'that
to make the lesson effective, and one
never to be forgotten, that it be
pitted against a ferocious dog. No
sooner said than done. The scene
was arranged and everything was
gotten in readiness for the sanguin
ary conflict. Excitement ran high,
bets were made and the rapidity
with which money changed hands
brought back the days when every
thing was wide open in Prescott.
The badger was kept in a closed
box and Cuneo was permitted to
hold the string, the door of the box
to be opened when the word was
given. And it may be remarked
that although he is a man of cour
age he believes it is better to be
safe than sorry and accordingly had
on knee-high leather boots so that
the fierce quadraped would be dis
appointed if it got any foolish biting
notions in its head.
And Lester pulled the string.
What more need be said? The
story is as complete as that of the
man who went into the cellar with
a lighted candle to find the gas leak.
He found it.
And Cuneo saw the badger.
As intimated before, Cuneo is a
man of courage. If you have any
doubts on the subject just mention
the word "badger" to him and see
what happens.
. Incidentally if any person resid
ing in Arizona has anything new
relating to the fauna of the State,
kindly communicate with Lester H.
Cuneo, special representative for the
Ernest Scton Thompson-Audubon
(From Wednesday's Daily.)
Mrs. Lizzie Sprauncc, of San
Francisco, has sold to G. A. Whit
ney and J. Maxwell Taft, of Oak-
land, Cal., a one-fourth interest in
the Red Rock mine at Providence,
on Big Bug Creek, for a nominal
sum, the deed being filed for m:ord
yesterday. The original owners of
the property were Spraunce, Stan-
lournal-Miner High class job work
(From Friday's Dally.)
An important action was taken
by the several woman's clubs and
organizations of Phoenix and vicin
ity at a mass meeting held at the
Woman's club Tuesday, says the
Gazette, when they indorsed Dr.
Agnes McKee Wallace of Prescott
for resident physician at the Indus
trial school at Fort Grant.
A motion was made to this effect
immediately following the day's pro
gram, at which Mrs. B. A. Fowler,
as president of the entertaining club,
introduced Mrs. Virgil Partch.
Mrs. Partch prefaced the offering
of the resolution by a short talk, in
which she urged the need of a wo
man's influence among the children
at the Industrial school.
The resolution as offered reads as
Resolved, that we, the representa
tives of the various clubs and wo
man's organizations of Phoenix and
vicinity, petition the honorable leg
islature that it add to the expenses
of the Industrial school a sum suf
ficient to maintain a resident phy
sician at Fort Grant, and further
more, we would recommend thatt
that physician be Dr. Agnes McKee
The resolution was placed in the
form of a motion. It was immedi
ately seconded and placed before the
club for approval. It was carried
by a majority.
Dr. Wallace then made a few re
marks, thanking the club for their
interest, and declaring that she
would accept the office if it is offer
ed her.
This is a matter which many of
the women have been working for
for some time since it has been re
cognized .that the children at the
Industrial school need the care and
sympathy of a woman, which privi
lege they have been denied thus far
n Arizona.
(From Friday's Daily.)
News Bureau of the Journal-Min
er. Room 203, N. B. A. Bldg.
PHOENIX, Feb. 5. Senator
Hughes of Pima County is the au
thor of a bill which he has intro
duced in the Senate, prohibiting the
sale of cigarettes, cigarette paper
or tobacco to minors under the age
of eighteen years, and providing
penalties for violation of the pro
visions of this bill. The proposed law
is a big step in advance of any re
formatory law now on the law books
of the State, but it evidently docs
not go as far as is desired by the
residents of Graham County who
have petitioned the Legislature to
enact a law similar to the present
law of the State of Kansas. That
law makes it an offense for a minor
to be in possession of narcotics in
any form, as well as makes it an
offense to sell or distribute the
The proposed law of Senator
Hughes reads as follows:
"Section 1. No person shall fur
nish cigarettes or cigarette paper or
tobacco in any form, by sale, gift,
acting as agent, directly or indirect
ly, or otherwise, to any minor under
the age of. eighteen years, and any
person so offending may be tried
before a police magistrate or official
having criminal jurisdiction in any
city, borough, town, township, vil
lage, or other municipality where
such offense was committed and on
conviction thereof shall be punished
by a fine not exceeding ten dollars
($10.00) for the first offense and
not exceeding twenty-five dollars
($25.00) for each succeeding offense.
"Section 2. All acts and parts of
acts inconsistent herewith are here
by repealed."
(From Thursdays jjanyj
Ben Bishop, superintendent of the
Lynx Creek Land and Development
Company, while in the city yester
day stated that the work of raising
the Speck dredge from the bed of
the creek and placing it aboard
trucks, had been finished. The
plant is to be moved down the creek
to the old hydraulics, distant about
one and one-half miles, and before
it is located at least two months
will be required. The dredge weighs
from 150 to 175 tons, and is to be
operated on a testing out of its
machinery in handling the aurifer
ous soil of the old placer diggings.
The plan, is to have it running at
a certain point within the next three
months. Captain A. W. Farncy,
president of the company, is also on
the ground directing the removal of
this gigantic appliance. The reviv
ing of the old hydraulics is occas
ioning considerable comment in
mining circles of this section, from ;
the heavy gold production of the
(From Wednesday's Daily.)
Bearing the burden of his eighty
one years with all of the physical
vigor of men one-quarter of that
age; reclaiming 160 acres of land
and making it productive with his
own hands and toil and without the
assistance of any one in throwing
a single shovel of dirt out of the
way; building a home and laying a
line of barbed wire fence around
that large acreage, and to cap the
climax being struck by lightning
last summer, were some of the re
markable phases of the long life of
Fred R. Stees, of Lonesome Valley
that were revived Monday afternoon
when he appeared before Commiss
ioner Moore to - receive his patent
for a homestead from the govern
ment. This octogenarian has been locat
ed in the above section for .the past
six years, and in that time he has
fulfilled to the letter all the rigid
requirements in land occupation ex
acted by the authorities. He has
"builded wisely and well," and the
fruits of his labors are reflected in
as fine a home and as good piece
of land as in other localities where
the country is more attractive and
where younger people have strug
gled industriously and fruitlessly.
Mr. Stees in short, is a "dandy" for
his age. He is imbued with an in
dependence that sets aside any in
timation that comes forward from
neighbors to "pull him out" of a
hole when the work becomes too
burdensome. Every inch of the
ground that has been tilled has been
his own handiwork, and in building
the residence, the barn or other
structures the same course has been
followed out.
In perusing his first patent title
document Monday, this venerable
citizen seemed to cherish the author
ity granted him, with that elation of
a miner in striking a fat "glory
hole" of riches. As he meandered
down the street to return home he
stated that he will clip off a cen
tury, and by that time there will be
something for relatives and the law
yers to get busy over.
(From- Friday's Daily.)
Angelo Bianchi was found guilty
of grand larceny yesterday in the
Superior Court by a jury, the trial
occupying two days. A recommen
dation of clemency accompanied the
verdict. The accused stole a calf
from Clarence E. Stewart in Wil
liamson Valley several weeks "ago.
according to the evidence submitted
at the trial, which was vigorously
fought by both sides.
Three Mexicans named Castello,
Escomillo and Cuevas were given
their freedom. They were being
held for the alleged crime of grand
larceny. A companion named
Franco plead guilty to stealing the
goods recovered and which in value
reached to over $150. Franco re
ceives sentence today.
Many Aliens Naturalized.
The naturalization of aliens oc
cupied the time of the forenoon
session and was conducted by Ex
aminer Littleton of San Francisco
and Superior Judge Smith. The
above federal officer stated the class
was an exceptionally intelligent one,
and the following passed creditable
examinations, receiving their citizen
ship papers:
Frank Rust, of Ash Creek, a na
tice of Switzerland.
Christian G. Sailor, of Jerome, a
native of Germany.
Lorence Salvaterro, of Jerome, a
native of Italy.
Semon Poquette, of Ash " Fork, a
native of France.
Nasib Kalil Maluf, of Fort Whip-
Iple, a native of Syria, Europe.
Otto Pietsch, of Jerome, a na
tive of Germany.
John Robert Aiken, of Jerome, a
native of Ireland.
William J. Davies, of Jerome, a
native of Wales.
John Boasiger, of Jerome, a native
of Switzerland.
The application of Conrad John
son, was continued until August.
Five dismissals were ordered, the
applicants in most cases not being
present in person.
Many of the new made citizens
enjoyed a repast later in the day,
to celebrate their coming under the
folds of "Old Glory."
(From Wednesday'si Daily)
Advices from Los Angeles yester
day stated that Nathaniel L. Fulmer,
had passed away at the Soldiers
Home at Sawtellc, on January 30th.
He will be remembered as a form
er, commander of the G. A. R. of
Arizona, and resided in this city
at one time. He was aged 71 years,
and had a fine record in the Civil
.War, enlisting in Co. F. of the 23d
I Ohio Infantry.

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