Arizona republican., 1893-11-03
IN JAIL !! !!
The Editor ofthe Gazette
Committed
Along With His Attorney
Judge Barnes.
AN OFFENDING AFFIDAVIT.
Remaining Members of
the Gazette Force.
Cited to Appear Tomorrow at
Tucson.
Judge Sloan is Making an Unrelent-
ing Hunt for the Author of the
Newspaper Comments
of Last Sunday.
Cited to Appear Tomorrow at
Tucson.


By the Associated Press.
Tucson, Ariz., Nov. 2.-When the
case of the Territory against John 0.
Dunbar and James McClintock of the
Gazette Publishing Co. for libelling
Attorney General Heney, Acting Gov
ernor Bruce, United States Marshal
Mead and Governor Hughes, was called
for trial today an affieavit in the case
of Messrs. Dunbar and McClintock was
read charging that the presiding judge
of the court, Richard E. Sloan, had
been closeted for hours in the office Of
Attorney General Heney, with his part
ner. Rochester Ford, intimating wrong
conduct on the part of the judge, and
asking for change of venue or for an
other judge to try the case, on the
ground that the court was biased.
The court Immediately ordered Dun
bar into custody for contempt of court
and announced that he could only
purge himself by declaring who his in
formant was and by showing that he
made the affidavit in good faith. Judge
Sloan stated from the bench that the
affidavit was absolutely false and is
wholly without foundation.
Dunbar's attorneys asked for time in
which to consult and for Dunbar to see
his informant. The court granted one
hours time.
On the reconvening of the court Dun
bar stated that he had received his in
formation from Fred M. Hughes, clerk
of the board of supervisors, and that
ex-Judge William H. Barnes, a former
appointee of President Cleveland, had
prepared the affidavit. Judge Barnes
stated to the court that he prepared the
affidavit but refused to file it because he
had no faith in the defendants right to
any change of venue. He admitted
sanctioning the filing OF the same by
Dunbar but said he had made no other
inquiries into the truth of the charge.
Upon being sworn Fred Hughes stat
ed that he informed Dunbar of the
charges made in the affidavit but that
he distinctly told him he had no per-
sonal knowledge on the subject ano
that he could not remember who the
party was who told him.
Rochester Ford, who is chancellor of
the Territorial University, stated un-
der oath that he is the law partner of
Attorney General Heney, that the
statement in the affidavit is absolutely
false in every particular, that Judge
Sloan was not near the Office on the day
mentioned, and that he never had any
conversation with Judge Sloan on any
subject at any time or place since the
Indictment was found in this case, and
that Attorney-General Heney was in
San Francisco attending the funeral
of his father at the time mentioned.
Upon the close of the testimony the
court committed John o. Dunbar, ed
itor OF the Gazette, and William H.
Barnes, ex-judge OF this came court, to
the county jail for the period of ten
days for contempt of court, and they
are now spending the night in theil
new quarters. The court room was
crowded with the leading business mer
of the town.
Messrs. Dunbar and McClintock hsG
also been cited to appear today to show