Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1883-10-06
Correspondence.
Tucson. A. T.. Sent. %. 1888.

made by the prosecution in the Tiffa-
ny cases, indictment c. %, was
granted by Judge Sheldon on yester-
day morning. The court took the
ground that the prosecuting attorneys
affidavit, that Smeardon was material
witness, was sufficient, and he could
not 60 behind it, Notwithstanding the
defense showed by afiidavits of DR..
Pangburn, Edward Willard and Col.
Tiffany, besides documentary evil
dence, that Smeardon was not upon
the reservation at the time charged in
the indictment. Nor had he been
there, or had access to the books or
papers of Agent Tiffany for a period
of more than ten months previous,
and could not possibly know anything
of the crime alleged.
1t was shown that Smeardon had
been driven from the reservation for
crimes committed, and Col. Tiffany, to
my knowledge, had abundant and
competent witnesses to prove that
Smeardon had boasted openly that he
had so falsifed Col. Tiffany's offici al
papers aud returns that no one but he
could put them straight; that he had
also taken important vouchers from
San Carlos, without which the Agent
could not close his returns without
serious loss to himself and many COM
plications and seeming irregularities
in his returns.
The counsel for defense assured the
court that, Notwithstanding the Dis
trict Attorneys affidavit that he could
have Smeardon by next term of court,
they knew he would never dare to
appear as a witness against their
client.
The prosecution made motion to
nolle pros indictment G. 81, and asked
for a continuance on G. 25, giving as
evidence in the motion the identical
affidavit which was made to do duty
in all the previous cases.
The court took the matter unde,
advisement till 10 a. m. tomorrow
after much argument by counsel pre-
and con. That made by the defense
was a clear, actual statement that the
prosecution did not dare to come tt
trial, and resorted to this subterfuge
this unmanly, mean, underhandet
way to gain continuance.
! FRIDAY, Sept. %, 1883.
Judge Sheldon decided to grant tn,
motion for a continuance in the cast
c. 25, as it was thought he would. Ii
fact it is talked by the citizens of Tue
son, pretty generally, that the Distric
Attorney has but to ask, no matter
how tiimsy the pretext, or how un
reasonable the demand, and the cour
grants.
The Judge claimed that it was ar
unusual proceeding to allow the de
fense to traverse the affidavit of ;
sworn officer of the court, and, not
withstauding the clear case made by
the defense that Smeardon could no
be a material witness in all thes,
cases, the Judge sustained the Dis
trict Attorney in all his motions; set
ting aside the arguments and point
raised and sustained by the defense
and granting every motion made b.
the District Attorney.
The defense made exceptions to th'
rulings of the court in each case, anc
so the matter stands at present-O
the ten indictments against Col. j. c
Tiffany, three were dismissed on de
murrer, four on motion to nolle pros
equi and three, viz: c. %, G. % ant
G. 25, are peremptorlly set for the 81
day of December next.
So ends this chapter of what Judg
Smith characterized in open court, a
the most damnable persecution eve
listened to in court of justice.
DEWITT.
[Those engaged in this nefariou
persecution will, in due time, fin'
; that whatever they have sown, tha
,, shall they also reap. The record 0
proceedings have been scrupulousl.
preserved, with a view to futur
use'-ED. BELr]