Arizona weekly citizen., 1889-10-05
THE WHAM ROBBERY.
Growing in Interest--A Decision From Judge Barnes Creates Much
 Talk--The Grand Jury Discharged

On Saturday when Judge Barnes fin ished the delivery of his decision on the motion to have the amount of Gilbert Webb's bond increased, the entire crowd, in the court room at the time, drew a long breath, and then com menced buzz. The buzz soon reached the street, and those who have been watching the progress of events in this important case, have talked of but lit tie else since. After few preliminary remarks, and quoting several sections of law in regard to admitting defendants, charged with crime, to bail, the Judge said:
 ..The same rule ef esi.lo6ce apply to this as to other causes, and ~o far Gs the offense is concerned. f would be just as serious a crime f but a dollar had been taken under the same circumstances. as if SJ0,000 had been taken. l man who stops another on the pubic highway and intimidates him by means of deadly weapons to force him to dehver over his money, is just as guilty whether the traveller has large sIm or has nothing
 In this case, whoever committed the of fense is guilty to the full penalty of the law. The charge is robbery, and rob- bery IS forcibly compelling a person to deliver over his money or other proper ty by means of force or fear; and even if the offender gets no money or pro perty, he is just as guilty so far as the moral turpitude or legal responsibility of the act is concerned. Now, the ques- tion is as to the sufficiency of the amount of the bond. The new constitu- tions of all the states are extremely care ful to state that excessive bail shall not be required. What do othe courts mean by excessive bail? They mean that in all cases, where bail can be given, the party shall not bo prevented from giv- ing such bail as wl.i secure his presence. that the eyacting Of bail is Tot to be used as a means of punishment, or to do injury or injustice to the defendant. The sole purpose is O secure the pres ence of the party, and in fixing the amount of bail no other consideration should bs considered. Hence, the pro- vision to which refer has been inserted so carefully in these constitutions, and it has long since become part of the organic law of the land. The same principles have been lai1 down in the United States Statutes. going to the ex- tent that even m capital cases bail should be allowed in the discretion of the judge or magistrate. Now, how is this discretion to De exercised. Bail greater than S10,0O0 has never been been brought to my attention during a practice extending over ? years. except it be in the case of a person possessing sufficient funds to furnish his own bail. in whole or half. The court has investi- gated the question ia this case, and finds here a man bordering on co years of age. living on his homestead surround ed by his family and children, man whose means do not exceed d few thou sand dollars in property which he can not readily convert into cash. or use The books will not show a single case where man has been required to give over ten thousand dollars under like circumstances. In my experience I have found no such case, and l question if any member of the bar present has any case in mind where higher bail has been required of such a person. Of course a man with half million dollars of his own could give bail in the sum of hundred thousand dollars, and under these circumstances 1 might require it. But in no case has a bond of over Sl0, 900 been required, except in those cases where the defendant has property and available assets; and whenever that fact is brought to the knowledge of the court, the court will act accordingly.
 So far as the sufficiency of the sure ties is concerned deem it ample. The bond Is valid and binding, and I knoa of one of the signers upon it who is surety upon a bond for the U. s. Mar shal for two or three times the amonnt
 1 feel it my duty to add little more
 Persons interested in the prosecution of this case, have gone through the dis trict, and before parties who have de clared their intention of communicating the facts to the judge of the court, have denounced the judge for approving this bond, and have threatened him with re- moval. It has been done with the in tention that this information should come to the judge of the court. It is D. culiar to the tenures of this office in the territories, that any person whatso- ever may write letter to the depart ment of justice, stating whatever false hood he pleases. Of course the depart ment will net consider any such letter On the contrary when a judge of the federal court was threatened with per sonal violence, the department of fJustice authorized and requested the United States marshal to take such steps as he deemed necessary to protect the judge. The act was followed by homicide and the courts declared it justified, and pup lie opinion has approved the action of the Marshal. But threats of personal violence against any person amount to but little, mparatively; for however weak man may be, he can always take snch steps as will enable him to protect himself. But when he is attacked by means of secret letters, and by threats of removal from office, it Is a far more serious menance to the independence of the Judiciary. So far as this judge is concerned, his days upon this bench are few, and 1t is matter of small import to him whether they are few or many. but so long as he occupies this bench nothing shall deter him from doing what he conceives to be his duty. | shall enter a rule for the defendant now on bail to show cause next Tues day why his bondsmen should not ac- knowledge the bond and justify ac- cording to the statute.
 In connection with the above. Attorney Ben Goodrich filed the follow ing affidavit, which would seem to indi- cate that Republican Marshal was in demand:
 TERRITORY OF ARIZONA,
 COUNTY OF GRAHAM. ee
 Personally appeared before me, Ben. NJ. Crawford, Clerk of the District Court of the First Judicial District of Arizona, in and for said County, Jacob A. Burns, to me personally known, who being by me first duly sworn on oath, deposes and says: Il am a resident of Graham County and am over the age of twenty one years; that on the 2nd day of July, 1889, c. T. Donovan, Deputy U. S Marshal for ArizODa Tarriforv in