Arizona republican., 1893-05-19

suggestion of Assistant District Attor- ney Crenshaw to the extent of more than fifty dollars. This, no doubt. was alseouraging to the grand jury, which nad set out to find an indictment. The oostacle was surmounted and in each or hve ot the fifty-seven cases included m the claim there was discovered what was twisted into an illegal charge of 25 cents, forming grand total of SIP III each of these five cases the costs were found to amount to more than the $s allowed by law to the justice. so that it must have appeared to the grand inrv that the justice could not have been a gamer nor the county loser hence there could have been no motive on the part of Justice Kincaid to make those charges II in fact they were illegal. though explanation to less obtnse grand jury would have shown they we gre not. 'o'
 Another feature of this infamous in- vesligatlon IS now reached, the disre. gard of the instructions of the court and palpable violation of the law.
 Judge Gooding had instructed the lury to consider all obtainable evidence m US investigation of cases and section i4li ot the penal code prescribes that
 IS the duty of the mem bers of the grand jury to weigh all the evidence submitted to them and where they have reason to believe that other evidence within their reach will explain away the charge, they should order such eyi- dence to be produced"
 Here was case which was msnifestly without the shadow of a foundation. here were five items, which, whether legal or not, were plainly not evidence of intent to defraud, and testimony was available to explain away the seeming lrregularity. Justice Kincaid learning that the case was being investigated, through the district attorney sent the ioiiowlng communication to the grand jury:
 Tn ,,o po,o PHGSIx; A. T., May l2, 1893.
 Jury or Maricopa County Now in Session:
 Gentlemen-lt is rumored that your hono,- aole body has under consideration the matter oi my oihcial conduct as justice of the peace of rhenix precinct. Now gentlemen If such be true, most respectfully say and state, first, that am utterly ignorant of having wilfuliy or otherwise violated the statutory laws by omission or commission, and feeli1g wholly innocent sf having committed any wrong and knowlng your imperative duty under your sol oHiA ootnsi to permit no gullty man To go un- | punlshed and to punish no innocent person ! ana tully believing that your body as a whole | VIII De governed by a proper sense of justice | and that you will not swerve from your duty | 10 All persons alike, hereby make this request or you: That is, before any final action is | taken Tn any matter concerning me, that be | permitted to come before your honorable body | ana that be interrogRted on any matter con 1 cerning which may seem proper to you. take this method of addressing you be. | iieying huve perfect right to do SO and to be | code.
 Gentlemen, I further ask and request Of you | that you attach this request to and make it q | part or your general report to the court
 Very respectfully submitted,
 J. W. KINCAID. |
 This communication was without ef. l feet and subsequent proceedings indi. l! cated that the grand jury was not only | stupid and obtuse, but malignant. The | district attorney having tried to dis. suade that body from further investi- | gatlon Of the case, report was made | to the board of supervisors, who em- powered the grand jury u call in other legal advisers. Application was made | in turn Uo Cox and Street, c. F. Aims | worth and Col. Millay who refused to l act. At length the district attorney l gave way before the pertinacity of the I jury and the indictment was produced, | an incident which he now sincerely re- grets.