The St. Johns herald., 1885-06-25

i competent to be witness in any court or other legal tribunal in this territory
 That at the general election held in the County of Apache, Territory ol Arizona, in the year 1884, for the pur. pose of electing territorial and county officers, one J. L. Hubbell was elected Sheriff of Apache county, Territory oi Arizona and that afterwards, to wit: on the first day of January 1885, said J. L. Hubbell. as Affiant believes, took 1 illegal possession of said office, for the reason: 1st, That he failed to give proper bond-he only giving two sure ties in said bond, when the law express ly requires that he shall give three sureties.
 2nd, That the names of the sureties which said Sheriff gave were Thomas Perez and Manuel Antonio Candelaria, both of whom are insufficient as sure ties on said bond for the reason that they do not possess the qualifications required by Section 17, Page 159, of the Session laws of 1883, of the Territory of Arizona.
 Affiant further alledges that he is in- formed and believes, and so states the facts to be, that said Hubbell, Sheriff, as aforesaid, left the town of St. Johns, County of Apache, and Territory of Arizona, on or about the 20th day of April, 1885, and that he went to the town or city of Albuquerque, in the Ter r1tory of New Mexico, and that to the best of Afiiant's knowledge, he has not yet returned to his duties as such Sher- if said Hubbell having been absent from said County and Territory continu- ously from said 20th day of April up to and including the present time, as Affiant is informed and believes.
 Affiant further alledges that said Hubbell never had permission from either the Board of Supervisors of Apache county or the Legislature of the territory to leave the limits of this county and territory. Afiant further says that afterwards, to wit: On the - day of January, A. D. 1885, the said Hubbell appointed his brother, one Frank A. Hubbell, his deputy, who, as Affiant believes, is incompetent and un- fit to fill said office. Affiant further charges that the said J. L. Hubbell, Sheriff of aforesaid county, is guilty of wilful neglect, and refusal to perform the duties required of him by law. In this: 1st, That, on the 18th day of June A. D. 1885, the District Attorney of said Apache county duly filed in the County Court of said County of Apache, two informations against Emiterio Morano and Entemia Baca, charging them with felony, and the Defendants not being in Court, the Court ordered that bench warrants be issued imme- diately by the Clerk for the arrest of said Morano and Baca, which bench warrants were issued and placed in the hands of said deputy Sheriff about 2 o'clock p. m., of said 18th day of June, 4. D. 1885, and that the said Sheriff wilfully refused and neglected to arrest said Morano and Baca for period of two days, and during said period of two days, said Morano and Baca were in the town of St. Johns, and seen by. the said Sheriff s deputies.
 2nd, That certain subp@nas in crim- inal cases were given to said Sheriff by the District Attorney of sad county, and that the said Sheriff told the said District Attorney to stick said sub- p9nas - -, and Affiant be- lieves he has made no effort to serve the same.
 3rd, That said Sheriff has refused to work in harmony with the District At torney's office and that he has been in- sulting to said office, and also to the Judge of County. Court.
 4th, That one Fritz Jeffres was duly committed to jail on criminal charge on or about the 1st. day of March, 1885, and that he failed to give bonds, and that sad Sheriff did not confine said Jeffres as prisoner should be con- fined, but on the contrary, the said Sheriff permitted said Jeffres to run at large, and become intoxicated to the of the citizens of St. Johns.
 9th, That the said Sheriff through his deputies has made out and filled up certain legal papers which the Statutes of this Territory expressly prohibits his doing. -
 9th, That said Sheriff has failed to appoint an Under Sheriff as required by law.
 Wherefore your Affiant prays that said Sheriff's office be declared vacant and that another person be appointed ,o fill said vacancy. M. V. HOWARD.
 Sworn to and subscribed before me 1 his 23rd day ot June 1885,
 T. s. BUNCH.
 Clerk of the Board of Supervisors.
 On motion of Mr. Tee a vote was hen taken on the charges made in the oregoing affidavit which charges were H.