# Criminal Trial procedures in Old West, early 1870s



## Carole C (Aug 7, 2013)

Hi all,

I hope someone can provide information or point me towards some resources, online or in print. I'm afraid my research-fu is letting me down here in a major way.  I need to write a scene depicting a trial for a murder of a woman that occurs in the Arizona Territory, in 1873 to be exact.  The setting is a very small mining town.  Would the trial be held there? What sort of form would the actual trial procedure entail as far as the formalities, swearing in, calling witnesses for the prosecution/defense and such?  Would it even be formal, or would it be more like a judge's chamber type of situation, where the judge examines and cross-examines witnesses?  Would the trial be held in the small town via a circuit judge or moved to somewhere larger, like Tucson?

As you can tell, I'm sadly clueless about setting a scene that makes up a pivotal chapter in my novel. *sigh*  

Any advice and information offered will be _greatly _appreciated!

Thank you,
Carole C


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## gmehl (Aug 7, 2013)

You might try the Arizona historical society and/or the Arizona state bar association, possibly the history departments of major universities like Arizona State.  I couldn't find any direct reference in _Wild and Woolly - An Encyclopedia of the Old West_ but that tends to focus on specific names, places, events.


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## Nickleby (Aug 8, 2013)

Here's a link to the Library of Congress archive for the _Weekly Arizona Miner_, published 1868-1873. I don't have time to go through it and find something relevant, but you may. It should have other background material suitable for your story, if you have the patience to go through a few issues.

About The weekly Arizona miner. (Prescott, Ariz.) 1868-1873 « Chronicling America « Library of Congress


Several more papers archived here.

Arizona Digital Newspaper Program

I couldn't find anything relevant to jurisdiction, i.e. who would conduct a trial in a given place. Apparently they followed the classic courtroom procedure where possible.


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## Lewdog (Aug 8, 2013)

Maybe you can find something on this site, or at worst maybe send an email to the owner of the site and he can share some information with you.

Revisiting Arizona's Old West -

Here is a link to the murder trial of Wyatt Earp and Doc. Holliday in Tombstone, Arizona.  It is VERY detailed ans should help you out quite a bit.

http://law2.umkc.edu/faculty/projects/ftrials/earp/earpaccount.html


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## tabasco5 (Aug 8, 2013)

I would assume that a trial for a murder in a small AZ mining town of 1873 would be held in a county courthouse, if a trial were held at all.  As far as the procedure goes, I would recommend reading up on some actual trials, watching some movies, and then just making it up as you see fit.


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