Arizona weekly enterprise., 1889-12-21
FROM TUCSON.
SPICY LETTER FROM OUR REGULAR
 CORRESPONDENT.
The Tears of Justice Over the Result or the Late Trial-The Shortage Of ex-Receiyer Smith--Other
 Matters.

| EDITOR ENrERPKisE :--Atter trlal e tsting thirty-three days, the verdict e f the iurv in the Wham robbery case f AS at last been rendered and the \ even defendants are declared not \ uiltv. A vast amount of time and I honey was expended on the part ot : he government and it's officials to no , ,urnose. The U. $. Marshal deserves yreat credit, as do his able adlutants for their careful and industrious pre- paration of the case for trial, and the attorneys for the government, Messrs; H. R. Jef'ords, William Herring and s. M. Franklin, certainly did them selves great credit in the conduct of the case. The MarshaPs office, how ever, failed utterly in it's duty during the trial. All the previous hard Tork was thrown away in the moment or victory by the most censurable care lessness in the handling of the jury The case was discussed by the Jury during all it's stages, in direct violation of the Judges orders, and though known to the baliff, this fact was not
 reported to the court. Members ot
 the jury were permitted to receive
 their mail daily without any inspec-
 tion; they were permitted to go around | town almost without restraint, and at
 no time was it difficult to procure
 private conversation with any member
 of the jury without leave or hlndrance.
 The writer has seen great many
 criminal trials, but he never before
 saw one of the magnitude of this one
 in which the opportunities for corrupt
 ing the jury were so numerous. The
 verdict of the jury almost justifies the
 conclusion that these opportunities
 did not go by unseized. However that
 may be, it is certain that passion, pre-
 iudice and even politics crept into the
 iurv box, and undoubtedly largely in fluenced, if they did not dictate, that otherwise mysterious verdict.
 The democratic cabal who are op posing Judge Richard k. Sloan are largely responsible for the verdict which is against reason and common sense. These vindictive individual: openly and loudly proclaimed theil
 sympathy for the accused men during
 the trial, and loudly prophesied th' . acuuittal which followed. Since the B verdict they have as loudly expressed Y their qualification with the result , though the moral sense of the bette
 part of the community Is shocked De yond measure by what is general t conceded to be Q gross miscarriage 0 t justice. Ex-Judge Barnes IS the re I cognized leader of these vociferou
 malcontents. What is this countr > coming to if men will permit thei s antipathy to marshal and judge t q lead them to sacrifice the best lntel
 ests of the territory to gratify pel
 sonal revenge? It is. time halt wa 4 demanded by the press and the pee ; pie.
 l- But this verdict is not the only ou :, rage that has recently been perpetra d ed upon the people in defense of tt ] criminal classes of men who call then
 selves respectable members of soclet e- Tho papers here are gagged" and V g are driven to outside independent p e, pers, like THE ENTERPRISE, in whlc .v to expose the rascality which has bee =, practiced upon the poor settle "l throughout the country. refer 'd the dedication of Fred w. Smith, e le receiver of public moneys, who IS we F. known to be more than ten thousar
 dollars sholt in his accounts. Tn T loss will unfortunately fall upon u re poor settlers who have deposited tho [ money with hlpa upon final proofs, U X S'3 them fo do sos d q that Ss,ss [ ! - - I sls, l5os,llsinen would be liable theref 2. a' Over: thirtr7five thousand dollars ts known. 10 have been thus deposited rs, Snitli's hands, for which the govel he l naent does not hold either him or ,s b6ndsnen liable. Twenty-Five thol and dollars of that money was turn oi over to William Christy, of Phenix, Ia. Smith, to secure Christy against lC Tit on deposits made by parties to wh( in Christv had loaned money. D. lo Wallace, of Phenix, represented tw' no ty-one thousand dollars, which V V1d paid to Smith through him; and ile the time the Phenix Herald and far Phenix Gazette published those lit
 interviews with Mrs. Irwin, Wallac
 daughter, and wrote such glowing
 torials on Smith, Wallace expected rn- be secured by Christy to the ing amount of his claim. While Mrs. ar win was advising the settlers to le oL their money where it was, as IL oo- perfectly safe and would be turned
 to the land office at the proper LII
 her father was wildly endeavorlng the Nee+tha. twenty-one thousand out b,+ Christy beiSro any one else could ~ Uu it. Poor, innocent Wallacel WI Lhe he was assisting to deceive the put me he was himself deceived. Chrlsty old paid out in the neighborhood of
 thousand dollars in Tucson dur
 the first day that the U. s. grand J
 was in session. The case was despel Iree and required desperate remedy. ,oll ,' would not do to let men go before io"l ioad grand jury to swear that they ieoo paid money into the land ofhce, nee, had since demanded 1t of Smith ,'1 lem had failed to get it.
 heii Then again, when Cnristy got Iehs Phenix he had first to take care of ,V ol people under his canal. Hence, W II, poor Wallace returned to Phenix u apu was not enough money left to sal aI'| all his claims. Back he comes to py son post haste, but this time he s u lo different song. Fred w. Smitl ners no more the honest, honorable, put scientious official of three days be 'olA and Wallace is now as eager to cl %le as before he was to protect the ga 5oiu' 5o major. Ahl friend Wallace, it m nnS 'ns heap of difference whose none ot; "a;' stolen, don't it?
 lli1i- Our old friend Captain Han ie S "S likewise fell in the "soup." He, neis was Fred's warm supporter on "% 'unu "% first trip here. Fred had given III pe an order on Christy for the full am so as of his claims, some $500 or $1 T oy and he was sure he would get it. ,eeeI l;oJ is it now captain? By what kind