Arizona republican., 1895-05-15
Headings of Prisoners
 to Various Charges.
An Interesting Ruling in a Cele-
 brated Water Suit.
A Claim of Priority of Appropriation
 ing of the Claimants Needs.

The most important events on the criminal side of the district court yes- terday were the preliminary incidents ill the case of E. A. Hadsell, arraigned the day before on charge of incest. The defendant was brought in in the morning to plead. His attorney, Judge Early, asked for 8 continuance until the afternoon, that he might prepare 6 demurrer to the indictment, based on alleged irregularities in the manner of finding it. The demurrer was sub- mitted at o'clock without argument and was overruled. 4 plea of not guilty was entered, and Hadsell's trial was set for Saturday morning.
 Rafael Valenzuela and Carlos Aldai pleaded not guilty to assault with dead ly weapons and their trials were set for Thursday.
 Patricio Leon. indicted as Patricio Morales, for rape, pleaded not guilty. He will also be tried on Thursday.
 A plea of not guilty was entered by Leandro Imperial for assault with in- tent to murder and his trial was set for Friday.
 A demurrer to the indictment was presented in the case of James Cor man and Harry Russell, charged with resisting an officer. The de- murrer was based on the failure of the indictment to show that the de- fendants at the time of the arrest recog- nized the officer to be such. The de- murrer was sustained and the matter was ordered to be resu omitted to the grand jury.
 Later in the day another indictment WAS found against the prieooers in which the defect n the former was cured.
 Robert Williams. who had pied guilty to burglary in the second degree, was sentenced to ono year and nine months at Yuma.
 On the civil side an important de- cision not fnally determining however the matter at issue, was rendered in the case of Wormser vs. Hayden. The plaintiff had sued to restrain the de- fendant from using certain water upon agricultural lands. Under a previous arrangement the defendant was entitled l to the use of the water for milling pur- poses allowing it to flow back into the river to be used again by the plaintiff 1 for agricultural purposes. The deien- dant afterWard diverted the water, B bout 100 inches. into canal and employed 1t in irrigation. The plaintiff alleged 8 priority Of appro pria5ion of the water and in e general way alleged his need of it.
 The defendant demurred on the ground that the complaint was not specific It failed to detail the netd ds of the plaintiff and did not offer a descrip- tion of the lands under the plaintiffs canal, so leaving the court without means to ascertain the justice of the defendants claim. Judge Baker sus- tained the demurrer saying:
 ''In view of the great necessity for water and the importance of the right to it's use in this valley. think when one asserts a right to it's use against an- other he must show by clear and dis 1 ti1ct averments every necessary fact to esta blish such right. He must not sub stitute his conclusions for essential and ultimate facts. Now, mans right to the use of water is measured by his needs. The bare fact that he appro- l priated 8 given number of inches many years ago is not alone sufficient to in- sure q right to it's present use. He must go further and show that the amount is essential and necessary to
 the purpose for which it was appro-
 priated; that is, he must show his needs, and in the case of agricultural
 lands I think he should set out his
 acreage iii order to show his needs"
 Leave was granted the plaintiff to file
 an amended com piailt.
 Ia the case of Burtls vs. Walker indg-
 nent was rendered for the defendant. Judgments for plaintiffs were given in
 the following cases WormeIl vs. estate of T. J. Trask. Steinegger ys- Gregory. Steineger vs. Rgden and Gregory and
 Baker ys. J. E. Teeter ct d.; also in the . case of Daniel Hutchinson vs. Sharp } ct al.. judgment fer the plaintiff and
 $25O attorneys fees.
 In the case Of Alice May ys- inc Bank } ers' Alliance. California insurance } company. the defendant filed piea iI
 abatement, denying the jurisdiction O
 the court. The plea was overruled ant leave given to file an answer.
 4 late grand jury report ignored 1
 charge of em mbezzlement against John J |. Dodds, arrested last spring for se.linl <. or pawning a horse belonging to c. M :. Sturges.