Arizona republican., 1893-11-04
AT FEVER HEAT.
Interest in the Barnes
Dunbar Case.
A Movement to Relieve
the Prisoners.
Application for a Writ of
Habeas Corpus.
The Gazette Office Metamorphosed
The Gazette Office Metamorphosed
and Given an Appearance of
UnfamiIiarity.

There was a pervading air of unfa-
mlliarity about the Gazette Office last
night. All the faces were new except
those of President W. T. Smith
aud Director Alexander of the
publishing company. The editorial
and reportorial stats were composed of
conscripts from law Offices to take the
place of those who had fallen. or were
wounded or missing.
The editorial department of the paper
is in charge of Mr.. J. G. Kellum, law
yer and newspaper man of expert
ence. He is aided and abetted by other
lawyers, so that the third page OF the
Gazette this morning will bristle with
interest. Though no intention exists
of making another immediate attack
upon the court of Pima county, it might
be done with impunity, since the null
titUdinous character of the staff would
make the Identification of any particu.
lar writer difficult, if not i'm posi- BILE.
Deputy Sheriff Nose Drachman, of
Pima county, arrived Yesterday morn
ing with citations for City Editor King
and Acting Business Manager 7. A.
Jobs. He also had a subpoena in the
contempt case today at Tucson for Jose
Miranda, the foreman of the Office. His
trip was nearly water haul.
Mr.. King was prepared to &C.
company the officer back to Tue
son, but yesterday morning he re-
ceived an invitation to Investigate a
new gold strike in the Superstition dis
trict. He wanted to 60 both to the gold
strike and to Tucson. He waited until
8 o'clock yesterday morning for the
train to come in SO he could confer with
the deputy sheriff about it. Mr.. King
is of an impatient disposition and didn't
believe in waiting till Christmas for
the deputy sheriff or anybody else, 30
he went to Goldfel1. 1t was we'll he
did, for the train was ten minutes late.
Mr.. King returned last night from his
mineral investigation and overlook the
officer at the depot.
Mr.. Jobs condition of which mention
was made yesterday was only slightly
changed and though he was resting
easily his physician, DR.. Helm, said
that trip to Tucson was physical i'm
possibility. The deputy sheriff wired
back for instructions and later accepted
a physicians certificate of Mr.. Jobs
inability to go to Tucson.
Miranda refused to accept the sub
pena, on the plea that he was unable
to pay the expense of the trip. Again
the deputy sheriff telegraphed for in
structions and was informed that
Miranda was not so badly wanted after
all. So when Deputy Sheriff Drachman
left last night he had only a physicians
certificate carefully buttoned up in an
inside pocket, but was unex pectedly
joined at the depot by City Editor
King.
Among other arrivals from the seat of
war was Col. John H. Martin, son-in-
law of Judge Barnes, Editor Dunbar g
companion in misery, and who himself
narrowly escaped incarceration for con-
tempt. Col. Martins account of the
proceedings was quite the same as that
given in THE REPUBLICANS Geographic
columns yesterday morning. Deputy
Sheriff Drachman tells as follows how
Col, Martin was saved from the wreck
Judge Barnes stated in court that he
drew the affidavit in which Judge Sloan
was represented as having been closet
ed with Ford and Heney for two hours
and as being in collision with them,
and that he did so at the request of bis
client os was customary with attorneys
in general but did not file it.
Upon this Judge Sloan, who was in
possession of private information re-
garding the filing of the affidavit, asked
that Judge Barnes be sworn after
which he requested him to repeat the
statement that he had not filed the in
dietment. Judge Barnes unhesitating-
ly did SO.
Deputy Clerk Down an then being in.
terrogated, informed the court that the
affidavit had been fled by Col. Martin,
Judge Barnes partner.
Col. Martin then arose and request.
ing to be sworn, stated upon oath that
he did not file the affidavit. Steno
grapher Tichenor also informed the
court that Col. Martin had not filed it
Judge Sloan nevertheless committed
Judge Barnes.
It was evidently a mis- take of Bow.
man, who by this time didn't know
where he was at"
Judge Israel moved at the hearing, tt
withdraw Mr.. Dunbar's affidavit for
change of venue, but the motion wal
denied. The affidavit in Mr.. McClin
tock's case was not presented though i
was thought that it might be dom
yesterday.
The contempt case growing out of tn
published comments last Sunday will
likely come up today and it is possibl
that the criminal libel case may also b
called.
Upon his arrival yesterday Col
Martin consulted Judge Kibbey VIII
drew up an application to Chief Justic
Baker for writ Of habeas corpus in tn
cases of both Judge Barnes and MI
Dunbar. The chief justice took tn
matter under consideration and vii
render decision today.
The application is based on tn
ground first that the contempt allege
to be contained in the affidavit is onl
constructive and not defined by law an
that the procedure in the case should hav
been by order or affidavit and citation
In the second place it is denied that tn
matter complained of is contemptuoui
CAN LIFT ANYTHING.
Co THINE M,~ XHbo ic Ec+oh