PARDON OF PHINEAS F. CLANTON
To his Excellency, C. Meyer Zulick, Governor of Arizona:
Your petitioners respectfully represent and show to your Excellency that they are citizens of the County of Apache, Territory of Arizona. That on the 20th of September, 1887, in the District Court of the Third Judicial District of Arizona, in and for the County of Apache, Phineas F. Clanton, was convicted of the crime of grand larcency, alleged to have been committed by stealing a calf, and that thereafter, to-wit: On the 24th day of September, 1887, said Clanton was, by the Hon. James H. Wright, Judge of said Court, sentenced to be confined in the Territorial Prison for a term of ten years. That the conviction of said Clanton was, as we are informed and believe, had on the testimony of one A.G.Powell, corroborated slightly by J.V.Brighton, and that at the time of said conviction, two indictments for grand larcency were pending against said Powell. That subsequent to said conviction of said Clanton, the said Powell made affidavit to the effect that all the testimony given by him and the said Brighton, on the trial of said Clanton was wholly false and untrue, and that the said Powell, had conspired with the said Brighton, to testify falsely in the trial of the said Clanton, in order that said Clanton might be convicted, and that thereby they would receive a reward of $250 which had been offered for the conviction of any person indicted for the larcency of stock, the property of the Apache County Stock Growers' Association. Wherefore, the premices considered, your petitioners invoke Executive-clemency Phineas F. Clanton, and, believing that he was convicted unjustly on perjured testimony, pray that he may be restored to his liberty, and your petitioners will, as in ________ _________, ever prey.
(1) Thomas Perez Juror
(2) William Gibbons Juror
(3) Harris Greer Juror
(4) Sanford Bingham Juror
(5) Chas. Jarvis Juror
(6) A.T.Doxey Juror
(7) Elegen Jones Juror
(8) J.W.White Juror
(9) Erick Larsen Juror
(10) James A. Thompson Juror
(11) G.E. Cook Juror
(12) John Rains Juror
- C.P.Owens---Ex-Sheriff of Apache County
- Art McDonald----Under-Sheriff
- Arthur Ashton, Clerk of District Court
- D.W.Dalby----U.S. Court Commissioner
- J.F.Wallace----Editor Herald, St. johns
- F.L.B.Goodwin---Attorney at Law
- John T. Hogue---Managing Editor, Apache Review T.W.Johnston----District Attorney
- J.L.Lesurer County Treasurer
- E.W.Nelson County Recorder-Clerk, Board of Supervisors E.E.Booth, Ed. Winslow News
- THE TERRITORY OF ARIZONA COUNTY OF APACHE
- THE TERRITORY
- PHIN CLANTON etal
- A.G.Powell being duly sworn deposes and says: I am the A.G.Powell who testified at the September Term of the District Court of the Third Judicial District, in and for Apache County, as a Witness for the Territory in the above-entitled case: That I am the A.G.Powell upon whose testimony before the Grand Jury, said indictment and all others now pending on which my name is written, were found. That in the trial of said Phin Clanton at said term of Court, my testimony to the effect, that Clanton and I were driving toward Springerville from Clanton's Ranch the old cow of Richard Jenkins known as "Old Boy." That Clanton, when upon the Mesa, drove "Old Boy" into the timber, and there, shot her twice and killed her; That he and I drove the bull calf, in the indictment charged to have been stolen into Stanley's Corral in Springerville; That Clanton, said by me, branded said calf, and afterwards sold calf to Nelson, was untrue, without foundation in fact. That every statement I made in said case, tending directly or indirectly, to convict said Clanton with the stealing of said bull calf was false. The testimony of said J.V. Brighton, another Witness for the Territory in said case, to the effect that he saw Phin and me driving said calf to Springerville; That Phin admitted to him that he had put his mark in the shape of two pistol shot holes in Old Dick Bumgreasers' cow (Richard Jenkins) is also utterly false. My reason for testifying in said case, was that I had reason to believe that said Clanton would kill me, and so testified to conflict Clanton and save my own life. The reason for said Brighton, so testifying was that he agreed with me; That if I would share with him the reward to be obtained from the Stock Association, to-wit $250, upon the conviction of said Clanton, he, the said Brighton, promised to corroborate my testimony, and to keep said promise, agreed to testify as he did. This statement has been read over to me. I understand it, and swear to it, voluntarily and willingly, without reward, or hope of reward, without being paid anything, but solely for the purpose that I may correct false, untrue statements, and that Justice may be done to Phin Clanton, who was convicted and sentenced upon the the testimony of said Brighton and myself. All of said statements in said case by said Brighton, myself, in said Court, at said time, were untrue. Said Clanton was convicted and sentenced to ten years in the Territorial Prison at Yuma.
- (Signed) A.G.Powell
- Sworn to and subscribed before me, this 27th day of
- September, A.D. 1887.
- Wm. T. Dalby, Clerk of the District court.
Pardon was granted on March 15, 1889 by Governor Zulick.