Arizona weekly citizen., 1882-10-15
Court RepOrt-Judge VI. ". Hoover,
 Presiding.

Court RepOrt-Judge VI. w. Hoover,
 Presiding.
 SATURDAY, Oct. '.
 Territory of Arizona ys. John Mur-
 phy. On motion of District Attorney 1t ! was ordered that the order entered in warrants of Oct. 16 in the case of the Territory of Arizona vs. John Murphy s be vacated and set aside and that the District Attorney forthwith show. cause
 why an order shall not be entered dis missing the prosecution of this case To the last part of which defendant by , his counsel objects, objection Overruled , and exceptions taken. Defendant then by his counsel moved that the proceed | lngs oe dismissed and that the defend
 ant be discharged from custody. The motion was denied and exceptions taken. Counsel for the Territory then offered the dispositions of witnesses taken be-
 fore the committing magistrate, to
 which counsel for defendant objected
 on the ground that none of the papers
 called depOsI'iOns are either signed by
 the witnesses or certified to by the
 magistrate or required statute, and that
 tue papers are incompetent, Immatsrial
 and insdmissable. Counsel for the plaintiff then asked that E. W. Risley be
 sworn as a witness, which was obiected
 to by counsel for the defendant on the ground that the court has no power to
 take testimony as to the authenticity of
 @ stipulation when line stzr1t Prascrihes that stipulation IS, objection OVerrllled | and exceptions taken
 E.. W. Risley was then swsrs, and the counsel for the Territory propOunded
 the following questions: Were you present acting as shorthand reporter
 upon the preliminary examlnatlOn had
 before Chas. u. Meyer acting as com
 mittlng magistrate III the case Of Arr
 zona vs. Murphy, Mover and Gibson! | The counsel for defendants objected Co
 the testimony as being irrelevant and | Immaterial. Counsel for the Territory then offered to prove by E. W. Rlsley that the defendants Murphy, Mover ana | Gibson were present and Tn person by | their counsel Mir. Fitch and that tht | stipulatiOns attached to the papers or | fered in evidence was entered into ID this which IS here offered and was taken down in writing by said Rlsley, and that | the recItations of fact ln the stipulation are true, and that 1t was written out lL full and consented to by the counsel Tor defendants, in their presence, and was read aloud before being consented to, and that 1t was the stipulation of the | defendants
 | Counsel for defendants objected to the proof on the ground that stipulation cannot bind the parties unless It IS signed or entered on the minutes of the court | and produces herewith certified copy of the docket of the committing magls- trate to show that no such stipulation was entered on the minutes. The court took the case under adylsement till Monday morning. Roger Bros. < Co. vs. the Yankee Smelling and Consolidated Company. Upon due proof being made to the court that notice directing all persons hold mg or claiming liens upon the premlses described ID the complaints, tO present such claims to this court at thls day and hour had beer published for ten successive issues of the ARIZONA DAILY CITIZEN, and upon presentment of the judgment liens of Roger Bros. < Co. and Tanner, Hays 6 Co. upon salO premises. On motion 1t Is ordered that said judgement hens be referred tO referee to ascertain and report upon said liens and the amount due thereon, and 1t Is further ordered that |. h- WoOdside be appointed referee. These orders are made subject to any obJec- tiOns that may be raised against the validity of these proceedings, by any person or persons interested therein. and expressly T. J. JehOrds and Iuly, ! OchOs k Co.
 Territory of Arizona vs. Patrick Ma honey, indicted for robbery. The l N1- NIa #NnFa .N ant to plead, his counsel interposed a demurrer, which was submitted without argument, overruled and exceptions | taken, whereupon the defendant pleaded A.-s.aaJsv case set tor trial October n. ! Mover. The defendants were presen' in Court with their counsel Messrs- Fitch and Silent, the prosecution belng represented by District Attorney Farley and Alexander Campbell, Esq. For good cause shown the defendants were given till Wednesday, October 11th, at 10 a. m.
 It is ordered that Giariano, a person confined in the jail as a witness on be- half of the Territory vs. Aleiandro be released. It appearing to the Court that Alex. Ezekiels. subpeaned tO attend this Court as a witness in behalf of the Territory vs. I'm Hurley, is too poor to maintain himself while m attendance upon tho Court or to pay his fare back, ordered that the County Treasurer pay him S4 for travelling expenses and S2O for board.
 Wnn. Neal vs. Henry Conly and Henry Conly vs. Wm. Neal, jury waived, case set for October 26th.
 All trial jurors on court excused tul Wednesday morning, Oct. H. David Dunhum and M. G. SamaniegO being present in court and Tn charge 0t the sheriff on a writ of attachment, hay ing made sufficient excuse were excused for non-attendance on the U. $. grand jury Oct. 9.
 Manuel COnteras vs. F. Lawrance. On motion for appellant, case was dls- missed at his cost.
 Marcus KatE vs. l.. Zeckendorf & Co. Case set for trial Oct. 9. J. $. Fried vs- Yankee Smelling Co. It was ordered that the order made Oct. : in the case of Roger Bros. X Co. va. Yankee Smelling Co. also be and apply to this plaintiff
 In the application of JnO. W. Ahern 5o i become a member of this bar, upon | filing the report of the committee up- 1 pointed to inquire into the qualhca- | tions of the applicant to become mem her of this bar, and on motion of M. J. Walsh, be was admitted to become d member.
 Territory of Arizona vs. John Murphy. Order on the motion of the District Attorney to show cause why the defend ant should not be discharged, was argued and submitted.
 WEDNESDAY, Oct. II. Territory of Arizona vs. Wm. Mover | and David Gibson. This being the day set for defendant to answer the lndlct- ment, they being present In court with their counsel ThOs. Fitch and Chas. Silent and the District Attorney being present interpOsed, a motion to set | aside the indictment and the matter Of answering the indictmt nt was postponed co Oct l4th at 10 a. m.
 Leopoldo Carrillo, administrator, vs. Jesus Navarro, case set for trlal Oct. | 12th. J. Is. Holf was, for good cause ! shown, excused till Oct. 18th.
 | It is understood that J. A. lnness, a dofauIting juror and brought into court | on an attachment, for good cause shown stands excused.
 Territory of Arizona vs. D. A. West-
 over indicted for robbery. The trial is in progress.
 An Electric Balloon.
 NJ TIsssndierIs preparing UslIoon Co