Weekly Journal-Miner from Prescott, Arizona • Page 3

PRESCOTT, ARIZONA, DEC. 6, 1905. Page Three1 SET FIE BY Made A Mistake And Shot The Wrong Man Murderer Abeyta Gets Twenty Years In Prison (From Uatcrday's Daily.) The jury in the case of AVilliam OH pliant, charged with the shooting of Henry Olea, a Mexican, at Congress on August 24 last, after two hours and a half deliberation last evening, rendered a verdict of not guilty. "I am glad that it is over," said the defendant to a Journal-Miner representative last night after the jury returned its verdict exonerating him. "It was certainly a mistake on my part.

I took Henry Olea to be Jose Maria, one of the men who made such a desperate attempt on my life at Crown King one night last summer, and I didnt' know the difference until after the shooting," he said. It appeared from the evidence that Henry Olea and a Mexican boy drove into the town of Congress on the night of August 24 last, and AVilliam Oli-phant who was deputy sheriff there, in the dim light of the night, thought he recognized in him the person of Jose Maria, who was one of a number of Mexicans who made a desperate attempt on the life of Oliphant while an officer at Crown King a month or so earlier in the year, and for whom he had a warrant of arrest in his possession. Oliphant accosted Olea and arrested him. Olea pulled loose from him, at the same time reaching his right arm behind him as if to pull a weapon. Oliphant immediately drew his pistol and fired, the bullet striking Olea and caus- jCpioqg pair) oq qoiqAi uioji pano.u.

Sai afterwards. Investigation after the shooting proved that the man shot was not the man wanted, and Oliphant was placed under arrest. Henry Olea had just arrived in Congress from Signal with a load of vegetables on the night of the affair. He was a comparative stranger in that place and known to but a few. He is said to have been au inoffensive man, and much regret was expressed at the time of the shooting over the taking of his life.

No one regrets the incident more than the officer who fired the fatal shot, and all admit that he acted in good faith in the honest performance of his duty, and that his Jifo was in imminent danger when Olea made the suspicious move after his arrest. Attorney Reese M. Ling represented Oliphant, and made a masterful address to the jury in his behalf. Twenty Years in the Pen. Pedro Abeyta, who was convicted of murder in the second degree last week for the killing of Juan Mirabel at Jerome about two months was sentenced to 20 years in the territorial penitentiary this morning.

Two Arraignments. George Monroe and James Cheney, charged with burglarizing a room in the Union saloon block, about ten days ago, were arraigned in court. Cheney entered a plea of guilty of burglary in the second degree, and Monroe entered a plea of not guilty. The case of Monroe will be tried after the case of J. R.

Sias is disposed of which will commence in the district court this morning. The Key That Unlocks the Door Long Living. to The men of eighty-five and ninety years of age are not ne rotund, well fed, but thin, spare men who live on a slender diet. He as careful as he w'll, however, a man past middle age, vill occasionally cat too much or of ne article of food not suited to his stitution, and will need a dose of Stomach and Liver Tr'blets to cleanse and invigorate nls -nmacha nd regulate his liver and this is done there is no -reason why the average man should nt live to old age. For sale "by all Vlruggists.

The Journal-Miner nas three times the circulation of any daily -paper in Northern Arizona. I JOHN SKAGGS ONCE MOEE A FEEE MAN. (From Thursday's Daily.) After two hours' deliberation, twelev men came to the conclusion yes terday that John Skaggs was not guilty of the murder of George Clark, and when that solemn verdict was an- nounced, Skaggs was again a free man. "I have had two narrow escapes in the last few months, one in which came near getting shot, and the other in which I came near getting said John Skaggs to a Journal-Miner representative last evening after be ing acquitted by a jury of his peers on the charge of shooting George Clark in the early part of last September at the Skaggs ranch near Oak creek. "I met twelve fair men," he said, "who took the right view of my case, besides I was defended by two attor neys who, I believe, cannot be beaten in any country.

I will now go to bed, he continued, "and try to enjoy a good sleep, for I assure you that I slept but very little lately." Tho trial of the case which ended last evening occupied the attention of the court during the entire day, and the greater portion of the day before. It attracted a great deal of attention on account of the prominence of tho parties interested, and because of the sen' sational reports of the shooting published. The defense made by Attorneys Reese M. Ling and J. E.

Morrison was brilliant throughout the entire trial, their arguments to the jury were full of force and sound logic, whil6 the pro secution by District-Attorney Ellin-wood and Assistant District Attornev Pattee was conducted with all the en ergy and resource for which these two well learned and popular members of the bar are noted. The story of the shooting as told by Skaggs on the witness stand, and which was corroborated in part by other wit is substantially as follows: "George Clark and his wife moved into my house some time in August, 1904. Thoy occupied the front room of the place, and I slept in the kitch en, only two rooms being in the house. Some time the shooting Clark and his wife missed somo money, and on tho Sunday before Clark asked me if I got tho money. I told him that I did not have it, and he said if the money was not returned that he would kill me afterwards, stating 'That I am a sight worse man than you think I am." During the remainder of the day Clark did not speak to Skaggs.

ClarS and Skaggs ate breakfast at the same tabic on the following Monday morning, during which time Clark never spoke to Skaggs. After breakfast Mrs. Clark told Skaggs that she was going over to her sister's place, and he told her that she could ride 'Babe," meaning his horse. She replied that George would not let her ride him, that she would have to walk. She left for her sister's place about half an honr afterwards.

Skaggs then stated that he loft for the Hutchinson ranch about an hour and a half after Mrs. Clark left the house, and on his arrival there found Mrs. Clark sitting on the porch of the Hutchinson home, talking to her sister, Mrs. Hutchinson. After he sat down on a chair on the porch, Mrs.

Clark got up and went inside the house. During the absence of Mrs. Clark in the house Mrs. Hutchinson and Skaggs had a conversation about a $3 transaction, upon which the testimony of both differ very widely. About ten minutes afterwards Mrs.

Clark came out of the house, and the three remained on the porch until half an hour later, when the ladies started to the cornfield close by to gather some corn for dinner. Skaggs offered to accompany them, and Mrs. Hutchinson objected, stating that she would hit him with a club if he dared to go with them. He accompanied them as far as the fence, where, true to her words, Mrs. Hutchinson struck him on the leg with a piece of board, which, he stated, did not hurt him.

Shortly afterwards Skaggs mounted his horse, and rode to Bill Back's place, arriving there about 12 o'clock, where he stayed until 3 in the afternoon, where he assisted Mr. Dickenson in shoeing a horse. He then left for the Taylor place, and after a stay there of about IS minutes, proceeded on his way home. He arrived at his ranch about 4 o'clock, riding part of the time in a heavy rainstorm. On arriving at his home he put his horse in the corral and started to find the key to the front door of the house, searching the place where the key was always placed during the absence of all living there.

He stated that he wanted the key in order to get into the room occupied by Mrs. Clark and her husband in order to get some dry clothes to put on, which were in a closet in which he and Clark kept their clothes, Mrs. Clark using the other closet in the room for her clothes, ne also stated that he always enjoyed the privileges of the room in tho house occupied by the Clarks, and in return they enjoyed the rights of the kitchen, where he slept. Failing to find -the key. he entered the kitchen, which was never locked, and lit a fire in tho cook stove.

After lighting the fire he stood by the side of the stove warming himself, and while in this position heard a footstep on tho porch outside, when he opened the door. On opening the door, he noticed Clark standing in front of the other door of tho house, about 12 feet distant from him. He asked Clark for the key of the room, and Clark re plied: "I've got the key in my pocket and you can't get it," at the same time ho pulled his six-shooter and fired, the bullet entering the casing of the door close to where Skaggs was standing. Skaggs picked up a shotgun which was inside tho door in which he was standing, and fired, striking Clark in the shoulder. Clark turned after being shot, dropped the six-shooter out of his hand on tho porch, and ran to the end of the porch, where ho turned in the direction of the Hollingshcad ranch some distance away.

Skaggs then set tho shotgun back in tho kit chen, and broke open tho door of tho room occupied by the Clarks, secured some dry clothing, saddled up his horse, and started for Camp Verde by the nearest traveled trail. On arriving at the Taylor ranch, Skaggs told Mr. and Mrs. Taylor that he had shot Clark, but didn't think that he had hurt him bad, and that Clark left in the direction of the Hollings-head ranch after the shooting. The Taylors invited Skaggs to join them in some supper, which he refused, par taking only of a cup of hot coffee.

He continued his journey in the direc tion of Camp Verde, and on arriving at the Back place, met Mr. Dickinson, whom he also informed of what had happened, asking him to go to his ranch and see how things were there. Continuing his journey ho arrived late that night at the place of "William Stephens, justice of the peace at Camp Verde, whom he told of what had oc curred, and that he came there to give himself up. He stayed there until the following day, when he met Ed. Ma- hurin, deputy sheriff, whom ho ac companied to the scene of the shooting, where the coroner's inquest was held.

Other incidents before and after the shooting were gone into in detail, and the cross-examination failed to bring out anything detrimental to him be fore the jury or in contradicting the statements already made by him. John Skaggs is about 45 years of age, has resided in this territory about IS years, and according -to his testi mony, has lived at his ranch where the shooting occurred 13 years, ne is about 5 feet 9 inches in height, of medium build, and shows a somewhat careworn appearance, no doubt duo to his almost three month's' incarceration in the county jail, and the worries resulting from a rather anxious anticipation of the result of the trial just ended. He will return tg. his home today. Furious Fighting.

"For seven years," writes Geo. AV. Hoffman, of Harper, AA'ash, "I had a bitter battle with chronic stomach and liver trouble, but at last I won and cured my diseases by the use of Electric Bitters. I unhesitatingly recommend them to all, and don't intend in tho future to be without them in the house. They are certainly a wonderful medicine, to have cured such a case as mine." Sold, under guaantee to do the same for you, by all druggists, at 50c a bottle.

Try them today. STORM INTERFERES WITH WORK AT SMELTER. (From Thursday's Daily.) HUMBOLDT, Nov. 2S The severe storm and rains of the past few days has seriously retarded the progress of the work on the new smelter, especially in the bricklaying work, much of which is yet to bo done on the roasters, and this building has not been completed. The roads are almost impassable, and the usually clear and placid Agua Fria is swollen to a raging torrent.

A bridge about two miles from Dewey which had been weakened by the recent rains, caused a lelay of several hours in tho train service to this point, the Crown King and Poland trains arriving abort 4 p. m. Monday. The Poland train carried the pile driver and crew, and it is quite probable that more repairs along the line will be necessary before the trains will be running regularly. Gladstone Mill Shut Down.

The concentrating mill, which has been operated under a lease by the management of the Gladstone mine, has been shut down, and the ore from that rich property will now be purchased by the Arizona Smelting company. Want Different Train Service. The crying need of this section of the country lying adjacent to this branch of the Santa Fe is a change in the present train service. A train leaving Prcscott at 2 o'clock in the afternoon would be much more popular with the patrons of this branch than the tw6 morning trains. Neither train under the present schedule arrives in Prescott early enough in the afternoon to allow one to transact much business, and both leave too early in the morning to admit of same, and it is to be hoped that a more desirable schedule will be adopted in the near future.

Hospital Accommodation. Dr. Toncy, the new company doctor, has moved into one of the new resi dences just completed, and in the fu ture a hospital fee will be charged to employes of the company. On the Sick List. Mr.

Hall, a carpenter in the employ of the company, residing at present at Iron King, is reported seriously ill. Meets His Family. Jack Chliholm, the affable and effi cient boss of tho carpenter force on the new works, made a flying visit to the city to meet his family, who were to arrive from Utah, no returned on Monday's train. More Buildings Going Dp. Two new frame bunk houses are in course of erection by the company for the accommodation of employees, and are now almost completed.

They aro located on tho new townsite, and will form the nucleus of tho new and flourishing city soon to arise later. Storm Retards Work. A severe snow and rain storm has been raging since early morning until about 10:30 a. but has now cleared up, and it is to be hoped that wo will have a long spell of good weather. The management has laid off all tho ma chinists and rigging gang until the weather is more favorable, and only the brick masons and a few carpenters are working.

When you want a pleasant laxative take Chamberlain's Stomach and Liver Tablets. For sale by all druggists. MONARCH IS READY FOR REDUCTION PLANT. (From Thursday's Daily.) "Our property is nonr well developed, we have thousands of tons of rich ore blocked out in sight, and we are now at tho point where wc want a reduction plant," said C. W.

Piatt, general manager of the Monarch Mining and Smelting company, to a Journal-Miner representative yesterday. "As soon as we decide the character of the plant that is best suited to the economical reduction of our ores we will purchase and instal the machinery for it, and will then commence to op-erato the mines on an extensive scale. He continued: "AA'e have our well already sunk to a depth of 75 feet, and are rushing work on it as fast as we can, and I am pleased to state that tho prospects are that wc will be able to develop more than enough water in it to supply the need3 of any plant that wo decide to erect, and have enough left to meet the demands of all camp purposes. In tho conversation with Mr. Piatt, it was learned that the tunnel on tho mines was now in a distance of COO feet into the mountain, that it tapped the ledge at a depth of 500 feet in places, and that an upraise to the sur face was completed, besides other work in the way of crosscutting and drifting was being prosecuted that would in a short time place the mine in first class shape for operation on a large scale from an economical, basis.

All of tho drilling done is with Sullivan air drills, no hand drills being used, machine work being much cheaper and faster than the old method. He also stated that AVickcnburg was enjoying a boom in real estate at the present time, that the new hotel was about completed, and that it was thought that the work on the proposed smelter near there would soon bo commenced. The mines of which Mr. Piatt is general manager are situated about 10 miles east of AVickcnburg, in the AVhite Picacho district, near the Maricopa county line. AA'ithin a radius of six miles of his place tho AVhite Gold Mining company, the O'Brien mines, and the Black Rock Mining company, all properties of merit, are working successfully.

C. AV. Piatt, while yet a comparatively young and active man, has spent 2G years in this territory, almost all of which he has been engaged in the mining business in one capacity or another. no knows the practical part of it thoroughly, and besides is well versed in the business principles that go to make it a success. Tho only public office he ever held was under sheriff for about six months during the incumbency of J.

I. Roberts as sheriff of this county, which he resigned, returning to tho more congenial occupation of his life work, apparently not satisfied with the hum drum work of a courthouse career. He returned to his mining camp last evening after a two days' business visit here. A FORGED CHECK. Mexican Passes Same Upon a Saloon Man.

Catarino Luge, a Mexican, was arrested yesterday on a warrant charging him with passing a counterfeit check at the business place of P. Guatriaud on Montezuma street on tho after noon of Thursday last. It appears that about 2 p. m. on Thursday he ed for a so cent bottic of whiskey, of- icnng in payment lor tne same a check on the Prescott National Bank for $5.90, with the name of J.

D. Be- thune signed to it. The bartender of the place gave him the bottic of whiskey, and $5.40 in change for tho check. On presentation at the Prescott National Bank yes terday morning the cashier pronounced the signature to bo a forgery, and re fused to cash it. PICKS UP GOLD QUARTZ.

Find Tjy J. W. Smith on the Johnson Mine. J. AV.

Smith, general manager of the uctavc commercial company, is in tne city from Octave, no brought in with him a piece of quartz picked up on days ago, which contains $83 in gold. j. ins mine was at one time one oi ins greatest gold producers of that won derful section. Many specimens of quartz, almost half gold, can be seen in various business houses here, which were extracted from it in the early days. The mine is situated on the famous Rich Hill, upon tho surface of which nearly $500,000 in placer gold was picked up in the early seventies.

Torture of a Preacher. The story of tho torture of Rev. O. D. Moore, pastor of the Baptist church of Harpersville, N.

1., will interest you. He says "I suffered agonies, be- cause of a persistent cough, resulting from he grip. I had to sleep sitting up in bed. I tried many remedies, with- out relief, until I took Dr. King's Aew Discovery for Consumption, Conghs and Colds, which entirely cured my cough, and saved mo from consump- tion." A grand cure for diseased conditions of throat and lungs." At all druggists; price 50c and guaranteed.

Trial bottle free. TO START IN BUSINESS. A. R. Armstrong left for the cast yes- terday to purchase a large stock of northern section, killing frosts were re-goods for a new store which he will corded on most all cloudless to clear start abont the first of the coming year Tucson.

He has been in the employ of Ed. Block hero for the past two ears as salesman. He understands tho business thoroughly, and will, no doubt, make a success of his new busi- amount of seeding has been completed, ness venture. He will return to this city Eut little grain was sown in tho north-before Christmas to assist Ed. Block cm section.

Although the soil was during the business rush of the holiday season. LETTER LIST. The following is the list of letters re- maining in tho post office at Prescott, Arizona, for the week ending Nov. 27, 05. Bates, Mrs.

M. Brown, T. J. Bean, Mrs. Hersey Campbell, Mrs.

Chas. Coughran, W. W. Dean, Olive. Deyrieux, Master M.

Hills, Mrs. E. Jacobs, J. Johnson, Mrs. Mollie Johnston.

Mrs. R. E. Kirk, D. L.

Lawler, D. B. Little, Rube. Lund, P. Z.

Morris, Delmer. Manning, James. McKinnon, John. McHugh, Charles. Ncal, C.

T. Nickson, Geo. Nada, Joe E. Palson, Mr. Rooncy, B.

Reppy, C. D. Reynard Bros. Riggins, Dell. Ross, J.

C. Shelvy, E. J. Lessard, G. AVailkcs, Florence.

AVebb, Jess. SPANISH. Alonzo, Lino Guitcrez, P. Caldera, D. C.

Gambrano, M. Lopez, Jose. Limon, J. Alvarez, L. R.

Corales, Josea. Padilla. T. Ferrell, Y. Moreno, E.

Maldonado, A. Parties calling for any of the above letters will please say "Advertised." 11 DEEPEST ON RECO NOVEMBER Review of Weather And Crop Conditions for Week Rainfall In Prescott Exceeds Six Inches The following is the weather report for the wcek ending November 29: i-recipiiaiion was excessive over the entire territory during November, th frnni to 5 inches. Twentv in 40 inrdou nf ii I SnOWiall wnl mpnunTpil rT-rT- Com Francisco range near Flagstaff, and XL to 20 inches over the Bradshaw range near Prescott. This is considered the greatest depth of snow on record for November. The total monthly amounts of precipitation, in inches, as severally reported, to date, were: Flagstaff, 6.42 inches, departure 5.02 inches; Phoenix 3.61, departure 3.07; Prcscott, 6.86, departure, 5.78; Tucson, 5.40, departure, 4.74; Yuma, 2.59, de parture, 2.30.

The heavy precipitation. of the 26th swelled the streams to large proportions, washing roadbeds, and injuring toll and railway bridges. There was an average of six rainy days in the southern counties, 8 in the central counties, and 12 in the? northern counties. Temperatures were near the normal values over tho nor- them counties. The extremes were as follows: Flagstaff, maximum 60 dc- grees, 10th, minimum 0 degrees, 25th; Phoenix, maximum, 82 degrees, 1st, minimum, 40 degrees, 22nd; Yuma, maximum, 82 degrees, 1st, 2nd, and 3rd; minimum, 40 degrees, 23rd.

But few destructive frosts occurred over the southern counties. Heavy to kflJ- ing frosts formed on a tew dates over the central sections, while over tho days. The month was devoid of high I winds. Plowing for winter wheat and rye was pushed forward vigorously, and I toward the end of the month a great in proper condition for tilling, many planters in the central and southern counties have purposely delayed secd- ng until December or January next, as both fall and winter crops mature at about the same time under normal conditions. Many fields of late corn and sorghum in the central and south- ern portions remained uncut.

The bulk of this crop has, however, been gathered. The seventh or last cutting of the alfalfa crop was secured at the end of the month. These crops were, generally above the average yield. Stock has been turned into the alfalfa fields for the winter months. New alfalfa fields show excellent growth.

Some alfalfa was thrashed for seed. Fall veget ables were plentiful. Spinach, water- cress, cauliflower, endive, turnips. pumpkins, celery, radishes, lettuce, cucumbers, peas and beets are growing finely. The heavy snowfall in the northern and tho copious to heavy rainfall in the central and southern sections, during last half of the month, rapid run-off, which elevated the waters in the streams and creeks to a considerable depth.

From the 22d to the last of the month, but very little irrigation was used. All canals, dams, and ditches are running far beyond scheduled time. The condition of stock is all that could be desired. The shipment of beef cattle, sheep and goats within the central and southern sections stPl continues brisk. Grass has grown rapidly, excepting over the extreme northern counties, where the low temperatures, and covering of snow, have -c- tarded its growth.

Conditions are somewhat improved over the western section, and range grass has become more plentiful. There is a bountiful supply of stock water, and all water holes, kept for stock, are brimful. safe lltl CURES WHERE ALL ELSE FAILS Best Couch Sjnip. Tastes Good. VU Usa In time.

Sold by drugeists. El.