Arizona republican., 1893-06-21


 That c. S. Diehl is resident of the city and county of San Francisco and is a necessary and material witness in my behalf in the trial of this action in this, to wit: That the said c. S. Diehl, Il present, would testify as follows That he resides in the city of San Fran. cisco, State of California, and was there residing at the time alleged in the in- dlctment herein, that the article upon which the said indictment is predicted IS alleged to have been published and that prior to the said alleged date and on or about the 3rd day of January, 1893, he received at San Francisco aforesaid telegram from this defendant and one J. o. Dunbar, dated at the city of Phoenix, and transmitted to him over the telegraph line alleged in the said indictment, which telegram was in words as follows, to wit:
 70. s. Diehl, San Francisco. Owing to dissatisfaction with the service of the local line, we have concluded to receive our Associated Press dispatches at Maricopa. The usual amount for Jan uary service is deposited in the National bank. Attend to delivery of service at Maricopa.
 THE REPUBLICAN, by T. J. WoLFLEY.
 The Gazette, by J. O. DUNBAR.
 That the said witness will further testify that at the time he received the said telegram, he was the acting agent of the Associated Press at San Francis co, aforesaid and that he did not di- vulge the said telegram or it's contents to anyone or any persons aside from the members of the said company, and that the said telegram was not made public or public property at any time. That the defendant has used due dili gence to get this testimony since the finding of the indictment herein, but before he could issue a commission to take the testimony of said witness, he was first obliged to correspond with the said witness to ascertain just what point in the said California, the witness could be reached for taking his disposi- ton, and just exactly what the testl- mony would be in order to frame hi, interrogatories so as to obtain respon. give and pertinent answers 10 the same, and at the same time, thereby, obtain the said testimony on the said re- sponses. That the afliant has obtained the same information, but that he did not come into possession of the same, until after the setting of bis case for trial. and not in time to issue the said commission and have the said testi' mony taken and returned to this honor able court on or before this 2Oth day oi June 1893 (this day,) and that the at torneys for this atiiant have the said interrogatories fully prepared and ready for settlement and the issuance of the commission to take the said testimony oi the sad witness, and that il continuance is granted herein, the said testimony will be taken and pro- duced, ready for uae at the next term of this court.
 That the defendant cannot prove the said receipt of tbe said telegram by the said witness or the fact that the same was not made public as aforesaid by any other witness than the said Deihl.'
 By x-Governor Mur phy the affidavit set forth that ir was proposed to be shown that the witness had for the past two years mailed important telegrams to Tucson directing them to be tran smitted from that point rather than ri,k the divulging of their contents by persons connected with the line con trolled by MT. Maqten.
 It was intended also to show that the contents of other telegrams received by i Governor Murphy relating to the con struction of the north and south roaC had been made public and a knowledge 1 of their contents had been used by Mir 1 Masten 10 obstruct and embarrass th' construction of the road and to hlndel the sale of the bonds of the road. | WAS intended to show that only two persons, MT. F. G. Tompkins and Mr Masten, were cognizant of the content oi such telegrams and it was proposed to prove that Mir. Tompkins had no divulged them.
 What was intended to be proved bl MT. Morehouse was set forth III th' affidavit az follows:
 "That c. II. Morehouse is a resident of the city oi Fl Paso and IS and was q the time hereinafter mentioned general freight and passenger agent O the Santa Fe railroad company. ma the said c. II. Morehouse IS n necessary and material witness for and in behaI of the defendant in the trial of this ac tion and that the said witness would l present at this trial and will testIty, al his residence and business was and l' as above set forth. 5000
 That about the --day ot -, 1855 and before the finding of the indict ment herein, the witness, c. Ii. More house, sent a telegram from DeInIng,. II the territory of New Mexico, ioa ship per and proposed patron in ant at tho ritv of Phoenix and that the said teIe gram was by its contents giving anc ouoting rate of freight charges o|e inc said Santa Fe road to the sai' shipper and soliciting a shipmeht O freight bv the said party over the sai' line and that the said telegram was nrivate message and that the sait shipper had informed the witness tha he intended to make shipment O freight. That the said telegram wa not delivered to the said shipper no did it according to the said shippe aver reach him, but that on the day th