Arizona republican., 1893-11-07
DARK DOUBT.
Dunbar-BarneS HabeaS
Corpus Case.
A Determination will Be
Reached Today.
Adverse Authorities Are Piled
Up. Ossa on PeIion.
The Question of a Sufflciency OF
of Notification Alone Remains
to Be Decided.

The writ OF habeas corpus in the case
of Editor John o. Dunbar and Judge
W. H. Barnes was returned yesterday
afternoon and the consideration of it
was begun before Judge Baker.
The proceedings were not completed,
but at late hour were adjourned until
9 O'Clock this morning. The uncer-
tainty in which the case now rests is
best illustrated by the reply of well
known lawyer, to an inquiry as to the
probable determination of the court.
He took a nickel from his pocket and
remarked, Heads. they 60 back to
Tucson, tails, they are discharged" A
dispute occurred as to which was the
''head" and which the tail" OF
nickel, so the matter appeared doubly
doubtful.
Messrs Dunbar and Barnes arrived in
the city yesterday morning accompanied
by Sheriff Scott. On the same train
came Attorney Heney and
United States Mar Shall Meade. Among
the arrivals was also the Hon. Ben
Goodrich, of Los Angeles, who had
come to assist in the defense.
When the case was called at 2 O'Clock
the encouragement rosa and present
ing certified copy of the order and
judgment upon which the prisoners had
been committed asked leave to amend
the sheriff's return. He also stated that
the sheriff had refused to accept copy
of return which had been prepared
for him, but had made one which failed
to show proper authority for holding
the prisoners.
Mr.. Goodrich addressed the court
upon the right of the Attorney General
to amend the return as proposed and 1t
was implied that the certified copy was
copy of what did not exist.
In reply the Attorney General held
that the courts utte-ances constituted
an order and as such had been taken
down by the clerk of the court.
Judge Kibbey, for Messrs. Dunbar
and Barnes, expressed surprise at the
disclosure that the prisoners were being
held on verbal order.
At this point the court informed the
counsel that he would not now pass
upon this point in the dispute and the
defense said that it did not wish to be
un 1erstood as standing upon techni-
cality.
Judge Kibbey then proceeded to an
plication for the writ, that the proceed
ure had been improper, that the defend
ants had not been taken on order or
affidavit and citation and he described
the proceedings which ended in their
commitment as San investigation con-
corning the truth or falsity of an aff1-
davit rather than a contempt proceed
ings."
The Attorney General desired to be
sworn as to the certified copy of the
order but it's genuineness was admitted.
Court Stenographer Tichenor OF Tue
son, was next sworn and testified as to
the proceedings at Tucson last Tuesday
and he described the events as have al
already been detailed by THE REPUBLI-
CAN. By his testimony the defense ex.
pected to prove that the prisoners had
not had legal notification in the con-
tempt hearing. Upon this point
Messrs. Dun bar and Barnes testified
that thu criminal libel case in which
they appeared, the former as defendant
and the latter as attorney, developed
into the contempt case with a sudden
ness which was amazing and breath de-
priving. Judge Israel, the attorney for
both, next took the stand, related all
the circumstances and said that no
warning had been given of the contempt
case.
The attorney general addressed the
court and recouDted that after the
reading of the fatal affidavit in the libel
case, Hon. Rochester Ford, for the pro-
secution asked an attachment for
Messrs. Dunbar and Barnes for con-
Mt hot hn nI1vtr hot
were grounds for the issuance of the
attachment and declared that Mr..
Dunbar could purge himself only BY
giving the name of his informant as to
the matter contained in the affidavit.
that Judge Israel asked for an hour IN
which Mr.. Dunbar might see bis in
formant and in which his attorneys
might consult. This the attorney gen
eral held to have been sufficient mott
fcation to Mr.. Dunbar, whose case he
now separated from Judge Barnes
DR.. Goodrich delivered an eloquent
adrdess in reply and which abounded
in citations of authority against the
power of the court to summarily COM
NIT the defendants. Judge Kibbey
spoke learnedly on the subject and the
right of an applicant for change oil
venue to insert subject matter into his
affidavit
The arguments for the day were
closed by the attorney general in 8
spirited, strong and skilful address com
pletely covering the various points o.
the anomalous case. At four o'clock ar
adjournment was taken until nine this
morning.
The determination OF the matter ha:
apparently narrowed itself to the ques
ton of the sufficiency of the notifca
ton, that is, the whole fight will take
place on the first ground taken in the
application for the writ of habeas cor
pus.
The cases of Messrs Dunbar and King
for contempt in the matter of the news
paper comments, were set for today a
Tucson. Mr.. King, who had returned
from the old Pueblo on Sunday morn
ing, went back last night to appear to
day in the matter of the criminal libe
charge against him.