Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1883-09-22

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continuance of one week and that
attachments be issued for five of his
witnesses who had been subpenaed
but failed to appear. Defense asked
for afiidavits to show cause for the
weeks continuance, stating that their
client had his witnesses assembled and
was ready to proceed, that he had
been already put to a very great ex-
pense of time and money by the unu-
sual proceedings of the prosecution,
that Col. Tiffany had come 2 a eo miles
to be tried. He had made several
trips across the continent for this pur-
pose and is ruined by this persecution.
at is his right to be tried immedi-
ately." The court did not desire to
do anything to prejudice the case and
ordered recess till p. M. to allow
the court time to examine Sec. 298
Chap. II Gen. Statutes Arizona.
. One p. m. court re-assembled. Pros
ecuting attorney withdrew hisrequest
for a continuance and declared him
self ready for trial, proceeded to get a
jury. Twelve jurors were called and
placed in the box and the examination
proceeded with. Failing to fill the
panel the court ordered ten more names
to be drawn by the clerk and sum-
mons to be made returnable forth.
with. .N Il
The court adjourned till 10 a. m.
Eighteenth court convened at 10 a.
m, was occupied by some mining mat
ter until eleven when Zabriskie stated
that his most important witness could
not be found, Notwithstanding an at
tachment had been issued, and as he
had agreed yesterday to go to trial,
would now enter nolle prosequi.,
Much discussion ensued upon this
question, the defense claiming any
thing short of final settlement of the
indictment in hand (No. ~ would be
a great injustice to defendant The
court claimed no right to dismiss the
Votion. Defense insisted that au-
thofities pointed that the court could
dismisstke motion. &C..
The court took an0eess until p.
m. to allow til lne to hunt
up the law II = question.
In the afternoon session the prose
cutting attorney still asked for his ORR
ginal motion. The court claimed that
the motion Of nolle prosequi could be
made any time before the verdict had
been rendered, and that no precedent
showed that the District Attorney
would be compelled to go on with the
trial after having entered motion of
nolle prosequi. The motion wasthere-
fore granted. The defense took ex-
ceptions to the granting, and had ex-
ceptons put on the minutes of the
court. The jury was then discharged.
Defence announced themselves ready |
for trial on another indictment,
Prosecution announced indictment
lettered and numbered &c. go as the
next to be tried, but as his principal
witness was still not to be found, asked
until Saturday next to get ready for
trial. This witness is George Smear
don. Defense objected to postponing /
trial, saying the indictment was found
one year ago, and complained of the
injustice of the delay, stating that
had been at work in the Of |
fee of District Attorney Zabriskie up
to Friday night last and had been seen
in Tucson on Sunday and Monday
mornings, that the Supreme Court of
California had decided that a trial
cannot be postponed after jury has
been EN- paneled. = . u"
. The Court ruled that tho District
Attorney should have time to make an
effort to serve attachment on the miss
ing witness and postponed the trial of
second Indictment until Saturday next.
Defense excepted on the ground that
no legal showing had been made for a |
continuance.
The court said that cases could be
continued from day to day and that
this matter had already been decided. |
- Col. Tiffany, naturally anxious for a
final settlement of this matter, started
men out in search of the lost George,
stimulating them to effort by promise
Of handsome reward. .'...
The weather is uncomfortable CON-
pared with the Globe climate.
The fiesta is still in full blast and
promise of barbecues and brass bands
are made by the managers.
Many fine buildings have been erect
ed "Since I've been here" and the city
wear very Gifted aspect.
The new court house is beautiful
and substantial building, the Jail is
connected and in the rear. We had
the pleasure of shaking hands with
our old friend N. B. Appel, through
the bars, Che is not in durance vile, but
in charge of those who are.)
The elephantine Geo. Rayfeld
makes things comfortable for the
Globe San Carlos and Thomas dele