Arizona weekly enterprise., 1881-11-05

statement Mir. Summers seeks to create the impression that all the important eyi- denoo in this case must have been brought out at the preliminary examination, be- cause the facts were then fresh in the minds of the people. The truth is-and Mir. Summers probably knows it-that preliminary examinations are seldom thor ouch, and rarely bring out all tie mate rial facts. Men, as usual thing, do not seek the privile, e of tescifying at prelimi nary examinations, and in the haste of summoning witnesses the officers are apt to miss some of the most important ones. Again, those conducting the preliminary examination, knowirg.that the case is to be passed upon by the grand jury and tried before another court, do not use ex- l tra exerhons to collect all the facts bear in; on it.
 Asain, says Mir Summers: 'I called upon Mir. Weedin, of the ENTERPRISE, to understand what could be proven by him self, taking his own statement with me, as given before Justice Miller, to refresh hs memory, if necessary" True, Mir. Summers called at our office and handed u our statement before Justice Miller, with the request that we should read it ta refresh our memory. He did not ask us if any additional facts had come to our knowledge since the preliminary examina- ton. He did not ask us If we knew of a persons, not examined before Justice
 Mller, who could testify t. important
 facts bearing on the case. We did not
 volunteer such information for the req son that, after the preliminary trial, we
 had ascertained and published in the EN- TERPRIsE the facts we restated in our is-
 sue of the 22d, and presumed, of course,
 that Mir Summers was familiar with them.
 He is subssriber.to the paper, and has
 received it regularly every week since the
 irst number WAS published. In view of
 this fact 1t is natural we should have sup
 posed that our report of the murder and
 5ae facts connected with 1t had been read by him. Passing from this point, we quote: It is very easy to make asser- Clons, but a different thing to prove them, and if Mir. Weedin, or any other citizen,
 Vas co. nizant of proofs that would have resulted in the conviction of the prisoner for murder, it was their bounden duty to present the same that tkey could have
 been produced upon the trial. 4
 All evidence that legitimately came to my
 knowled e as material in the case I avaiied
 myself of" h answer to the above we
 submit the following affidavit:
 TERRITORY OF ARIZONA, | e
 COUNTY OF FINAL.
 Chas. w. Tilman, being duly sworn,
 Ieposes and says that he Is resident of
 Florence, Pinal county, A. T., that he
 was present in the said town of Florence 1t the time of the killing of Charles Der
 nard (Amerioan Char,ie) by J. H. Floyd;
 that lie was present in said town of F.or- ence prior to and at the time of the trial
 f the said Floyd for the killing of the said Bernard; that a few days prior to the
 commencement of tie trial of the said
 Ilovd, he (riilman) called at the office oi H. B. Summers, district att, r .ey, and in formed said H. F. Summers that he (Chas w. TLhnan) could testify on cath that an
 hour or so before the shooting, he i'll
 man) saw Floyd with pistol and heard
 liin Say, "I an soin; to hunt up the s-r 1f b-h, who got my dollar, and plug 5 .iln in tae belly" that said II. B. Sum mers replied, "why didn't you come soonerl l spent a tchoLe hour this morn , ing hunting up evidence. and couldn't ind any," that he (Chas. W. Tillman) va. il t called as a witness.
 (Signed) c. ". TILLMAN. Subscribed and sworn to before me thi, 3l diy of November, A. D, 1881.
 JNo. J. DIVINE, Recorder By Wm. D. Griffin, deputy
 If Mr Summers used all the evidenc, which came to his knowled e legitimate
 y how is it he did not have NIT. Tiilmal { summoned? Perhaps it was not "legiti s matt" and material to prove that Fioy' had declared his intention of killing Amer s ican Charlie just an hour or so prior t e the coinnitt.L of the murder; or perhaps the district attorney vas so exhausted l., s the exercise of rushing around llhCl y hour in quess of testimony, that he coul - not make application to the court to hay : MT. Tulman summoned. We were nc 8 ware, at the time we commented on tl - result, that he had made such strenuou o e..orts to procure evidence, else We shout IS h4' tempered our criticisms according '- Of ccurs t ENTERPRISE and the put d pc of Final county caulI not expect tn e district attorney to spend more than a e hour il looking up evidence in an unin @ portant mur ter case!
 Tale New Centra. Pacific Cutie! } Mir. Vim. 4. Seott, of the Pima Cour j. ty Bank, has received letter from l. D. b:Jtlet, : lt.m..s S3Jts, ste near Jok,
 liIle. Wy1Ailg Territory, Oct. 16, '' whi.h le ives t.e following [; c mt ( I- railroad developments ill that IL i)n. NJ T. Ca liners Scott says: "rhe line 1 al $ now running is an independent line frol