I do have to go along with you on your opinion of the prosecutors- For seemingly smart guys, they were imbeciles. They trotted out their whole case, witness testimony, strategy and everything at a Preliminary Hearing, before trial, before a jury was empaneled- They showed the defense ALL of their cards, and what's worse, by insisting on a full showing of witnesses and evidence, they opened the door to the defense to refute it all in detail, line by line, before trial, in front of a sympathetic judge, and it resulted in not only an adverse decision but there was a full transcript which the later Grand Jury got to read and digest in minute detail, which resulted in them No billing the presentment. The prosecution in this case made damn near every mistake in the book and added a chapter or two. Even if there were enough evidence to get a jury to convict later- and there wasn't- the shooting was 100% justified- The prosecution's mistakes could even have sunk a real murder case conviction had they screwed up like this, in say the Bisbee massacre trial.
...If I were not so intrigued, I would have disappeared a few posts ago, but old folks like me don't always learn and I think you are having some fun with me.
I have some homework to do, but tho... more
...Wayne, I think our discussion has been really worthwhile from my side and I've learned some stuff I had considered but from a slightly different angle. I am not a historian; I tend to examine thing... more
Don't forget how the McLaury brother with the law degree showed up and insinuated himself into the ongoing hearing on the prosecution side and damn near hijacked the whole side's case. What I said abo... more
...in this situation. Obviously he did not understand what the procedure entailed, he was deeply emotionally involved, time was the enemy as well...and his ignorance of all of this caused him to repea... more
As I said before, this was a badly mishandled preliminary hearing on the government's part. They showed their entire hand and allowed things to be examined and refuted that should have never been hear... more
...My impression is that the Prosecutors were in over their heads (as I often am ) and did not really know how to conduct criminal cases as they mostly dealt with business interests, mining, ect.
My impression of the post-street fight charges were that at one level- Behan and the county Democratic Party- The charges were a political opportunity to hammer two of the strongest Republican contend... more
To follow up: Arizona Territory in 1881 was an interesting place, criminal law-wise. One interesting feature is that even a private citizen could bring a criminal charge as a presentment to the court ... more