Arizona republican., 1893-05-19
rbe indictment Against
 J. w. Kincaid
rbroWnUnceremonious-
 Iy Aside.
. Was Based on Nothing But
 Remarkable Obtuseness.
only Result of a Grand Jury's pellbsrations Will Possibly Be
 Fatal One.

1.-the suggestion of the district at- ,,,ne, yesterday the indictment which S. late grand jury at great expense ,,d with prodlgious and prolonged ~.rtsl activity had procured against r,.tice Kincaid for taxing illegal fees, r,s dismissed as being wholly without ,,v other foundation than the stupidity 1.-the twelve men who found it. The E,,rict attorney was particular to say ,b,t Justice Kincsid was fully exoner- ,tai from any intent to defraud the ,,rDty and emphsticslly declared that As AsindictmeGt ought not to have been ,,,prped and would not have been re. ,S,Ded if he had had any influence with S. discriminating body.
 Ii would therefore seem that the time ,,I money spent in finding that indict- ~spt was without result, but it wasn't. There is a man lying in an east room utbe Alham bra, lowering between life ,,d death, but more strongly inclined n,be latter. Night before last his life Tu nearly drained away by frightful ssnorrhage which his physician says us the direct result of worry concern is the imputation of dishonesty and Hjninality thrown against name Eblch had never been dishouored and r,pst man whose wealth consisted rsIy of an unsullied reputation. Solld his ailment terminate unfavor- by his friends and acqusintances will Hievs that a murder has been con- zi,,ed
 Yesterday morning was the time set ppssd to the indictment and Judge Galkin, MT. Kincaid's attorney, ap- | ygsd in court to state that his client ! u unable by reason of serious illness be present. The judge then went !rly and soon after District Attorney Williams, without solicitation on the It of the defense, moved dismissal q ihe case which the court allowed. While the course of the district attor- p7 was well-intentioned, a dismissal n, the very thing which Mir. Kin al did not desire. On the previous hy bis attorney had pointed out to .n defects in the indictment and told lin that as it failed to state facts in EppOrt of the charge of public ofiense iEuessiul demurrer might be entered. liO not want it disposed of in that |ny replied the defendant. "I want 90 to trial on it." Therefore when s learned that it had been dismissed sieIt a sense of disappointment which W keenly shared by his attorney, who lhesitatingly expressed it. In an- Hu 10 an inquiry es to whether the a.el:e had asked for a dismissal, he nYied warmly, "No, we didn't ask for ti We didn't want it dismissed; we ulted to go to trial and show that the ,tctment was an outrage, and if MT. Alcst had been able to leave his sick si ii wouldn't have been dismissed sstler would it have been dismissed if
 Ah been present. In all my ex. Hsnc9 with the law, 1 never before .ar1 Of proceeding so outrageous as Binding of that indictment. There ~ absolutely nothing on which to A% Il, and the character of Justice aicad, ought to have had some Hl1t against trivial charge of hay.
 stned to detraud the county of the ld&L25."
 lle charge on which the indictment NlOlnd has already been explained AN IS doubtful if another twelve men SeRtre jury was not implicated in
 'oltFage) could have been found in lf,copa county who would have con laed lt. 1t had been represented GJlstice kinCaid had presented to Nard Oi supervisors claims for il
 M lees, upon which representation
 E'nd jury proceeded to find him
 aE ol the crime of felony "with the
 sI' then and there tp cheat and de-
 'A '1e said county of MaricOpa out
 'A!e sun of money then and there
 Ine property of said county, did
 .5'El,Iy. iraudulent!y, fe'oniously
 U, ,@.'e'y make and present to The
 s''i 'i supervisors a iaise aud lraudu-
 calm, etc"
 ~4e beginning of the investigation
 H0d jury obtained enough evi-
 warrant It in refusing
 'aD'l' it lar,her. It was shown that
 @HnaI bill or claim" had been
 'y and legally increased at the