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The Trial of Kitty Blonger.

Rule

Mohave County Court Minutes

April Term, A.D. 1888


(page number missing)

Territory of Arizona
        Vs.
Kitty Blonger

Defendant appeared in open Court and was arraigned under the direction of the Court, by the District Attorney, who read the indictment to said defendant and delivered to her a copy thereof, and of the endorsement thereon, and upon being asked if Kitty Blonger was her true name, replied that it was. Whereupon the District Attorney asked defendant if her true name was Kitty Blonger, and replied that it was, whereupon the District Attorney asked defendant if her plea was "Guilty or Not Guilty" as charged in the indictment.

Defendant asked leave of Court until 2 o'clock P.M. to plead, which was granted.


(page 556)

Territory of Arizona
        Vs.
Kitty Blonger

The defendant appeared in open Court and pleaded not guilty to the offence charged in the indictment.


(page 566)

Territory of Arizona
        Vs.
Kitty Blonger

This cause coming in regularly to be heard, Eb Williams and H. Baldwin appeared for the prosecution, E. M. Sanford and Jas J. Hyde for the defendant, Kitty Blonger.

The following named Jurors were called.

Edward Clack
Abe Thompson
W.C. Bishop
Wm Richards
Wm Cornwall
Richd Marsh
Chas A. Atwood
A.H. Smith
Harold Thompson
Jas L. Smith
Thos McMahon
Wm H. Jennings

and were sworn to answer question for cause, qualified and unqualified opinion explained by the Court to the Jury.

Edw Clack passed for cause
Wm Cornwall passed for cause
Harold Thompson passed for cause
[a line may be missing at the bottom of this page]

(page 567)

A.D. Boner drawn and sworn for to answer questions for cause
Richd Marsh excused for cause
Edward Whipple drawn, sworn for cause
J.L. Smith having formed an unqualified opinion was excused
Jno E. Ryan drawn and sworn to answer questions for cause
W.C. Bishop passed for cause
Chas C. Atwood passed for cause
Thos McMahon challenged for cause allowed
Parker Holloway drawn and sworn to answer questions for cause
Wm Richard passed for cause
A.H. Smith passed for cause
W.H. Jennings passed for cause
A.D. Boner passed for cause
Edward Whipple passed for cause
John E. Ryan passed for cause
Parker Holloway passed for cause
Edward Clack challenged pre-emptorily by the prosecution, and excused
P. Caffrey drawn and sworn to answer questions for cause
Wm Cornwall pre-emptorily challenged by the defence, and excused

It is hereby ordered that a special venire of ten good and lawful men be summoned to be and appear before the Court immediately and any of the said ten men shall not be summoned from the bystanders to serve as Trial Jurors.

(page 568)

Harold Thompson challenged pre-emptorily by the prosecution and excused
J.R. Russell drawn and sworn to answer questions for cause, and excused for cause
Chas H. Beecher having formed an unqualified opinion was excused after being sworn to answer questions for cause
Robt Gray sworn to answer questions for cause, passed
Robt Gray pre-emptorily challenged by the defence and excused
Thos Steen drawn, sworn to answer question for cause, and passed for cause
Edward Whipple challenged pre-emptorily by the prosecution and excused
W.H. Hitchcock drawn and sworn for cause, passed
Chas C. Atwood challenged pre-emptorily by the defence and excused
Chas Clinton drawn and sworn to answer questions for cause
I.F. Bell called and excused by the Court
Wm Grant drawn, sworn to answer question for cause, and excused having formed an unqualified opinion
Ed F. Thompson drawn, sworn to answer questions for cause, having formed an unqualified opinion was excused
Wm Aitken drawn and sworn to answer questions for cause, passed for cause
H.W. Hitchcock pre-emptorily challenged by the prosecution, excused
P.E. Collings drawn, sworn to answer questions for cause and having heard the testimony in the cause before the committing magistrate was excused

(page 570)

Territory of Arizona
        Vs.
Kitty Blonger

Roll called by the clerk all Jurors present.

Jno C. Potts drawn sworn to answer questions for cause, passed for cause
Wm Richards challenged pre-emptorily by the prosecution, excused
G.M. Taylor drawn and sworn to answer questions
[a line may be missing at the bottom of this page]

(page 571?)

Wm Aitken challenged pre-emptorily by the defence, excused
Richd Taggart drawn and sworn to answer questions for cause, passed for cause
G.M. Taylor challenged pre-emptorily by defence, excused
Henry McLaughlin drawn and sworn to answer questions for cause, passed for cause
Henry McLaughlin challenged pre-emptorily by defence, excused
John Mulligan drawn and sworn to answer questions for cause, challenged for cause
E. Ellibee drawn, sworn to answer questions for cause, challenged for cause
A.D. Boner challenged pre-emptorily by defence, excused
C.J. McLaren drawn and sworn to answer questions for cause, passed for cause
C.J. McLaren challenged pre-emptorily by defence, excused
Chas Zemier drawn, sworn to answer questions for cause, excused for cause
Jno Innes drawn, sworn and examined for cause, challenged for cause
W.W. Clack drawn, sworn to answer questions for cause, passed for cause

Jury accepted by both sides, and sworn to try the case, to wit:

J.C. Potts
P. Caffrey
J.D. Bland
[name missing at bottom of page]
John E. Ryan
Richd Taggart
W.H. Jennings
[name missing at bottom of page]
Parker Holloway
John Burt
[names missing at bottom of page]

NOTE: The complete list, as supplied by a newspaper account, was: J. C. Potts, John E. Ryan, P. Caffrey, J. D. Bland, W. W. Clark, W. H. Jennings, Parker Holloway, Richard Taggart, John Burt, Thomas Steen, E. Ellibee and A. H. Smith.

(page 572)

The clerk read the indictment to the Jury and stated [?] which the defendant pleaded not guilty.

J.H. Mallering sworn for the prosecution and examined. Questions asked by the prosecution as to the character of the house in which the deed was committed. Objected to by the defence. Objection overruled.

Evidence in writing as given in the Justice's Court by J.L. Rogers read by counsel for prosecution.

J.H. Cohenour sworn for the prosecution and examined.

After the usual admonition to the Jury by the Court, Jury excused till 9 o'clock a.m. April 6th 1888.

In the matter of
Trial Jurors.

Jno Mulligan and J.P. Finnegan are hereby excused from further Jury duty.

After the usual admonition to the Jury
[line missing from bottom of page]

(page 573?)

Territory of Arizona
        Vs.
Kitty Blonger

Evidence in writing as given in the Justice's Court by W.H. Henry read by the prosecution.

R.L. Frazier sworn and examined by the defence.

Evidence in writing as given in the Justice's Court by Frank Peck read by the defence.

The following witnesses were called by the defence, sworn and examined.

Abe Thompson
E.M. Sanford
J.J. Hyde
J.L Nelson
James Wales
D.M. Fay

The defendant sworn and examined.

Testimony in rebuttal offered by the prosecution.

Evidence in writing as given in the Justice's Court by C. M. Walken read by the prosecution.


(page 574)

Territory of Arizona
        Vs.
Kitty Blonger

The Roll called all Jurors present.

The Court orders that special instruction, asked on behalf of the prosecution and the defendant, be made a part of its charge.

Argument had by respective counsel.

Instructions given to the Jury by the Court.

The Jury then retired to deliberate in charge of a sworn officer and the defendant was remanded to the custody of the Sheriff.


(page 577?)

Territory of Arizona
        Vs.
Kitty Blonger

The Jury returned into Court in charge of a sworn officer their
[line perhaps missing at bottom of photo copy]

(page 578)

on being asked if they had agreed upon a verdict replied that they had.
The foreman at the direction of the Court read the verdict of the Jury, and the same was recorded by the Clerk as follows.

We the Jury in the case of the Territory of Arizona against Kitty Blonger find the defendant Not Guilty.

J.C. Potts
Foreman

After reading the verdict the Court orders the discharge of the defendant.

Court adjourned till 9 o'clock a.m. Saturday April 7th 1888.

Attest
Wm Larkin
Clerk

James H. Wright
District Judge

NOTE: Special thanks to Nancy Sawyer at the Arizona State Archives.


 

Rule



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