Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1895-01-09
The Prosecution in Sight
of More Evidence.
The Mysterious John Calvin
Much Wanted Individual.
Futile Attempt Yesterday to Force
the Territory to Tip Its
Hand Little.

The prosecution did not unmask its
batteries yesterday in the case OF Bur
son and Hamilton, charged with assist
ing in the escape of Price and Young,
and the defendants are in as dense
ignorance as ever OF the character OF
the evidence that has been collected
against them.
There are several things yet which
the territory desires to learn some of
which may prove damaging to the de-
PENDANTS and others of which may be
beneficial. 1t is particularly desirous
to find out who and precisely where the
mysterious John Calvin is, the third
party in the complaint. The case was
therefore continued until tomorrow
morning at 10 O'Clock.
When the case, came up yesterday
afternoon before Justice Johnetone,
District Attorney Millay moved con
tinuance of two days. He said that the
case having only come from the United
States district attorney into his hands,
late the afternoon before, he had been
unable Notwithstanding the utmost
diligence to put it in proper shape. He
realized the Importance of the matter
to both the territory and the defendants
who, if innocent of the serious charge,
could not desire anything short of the
most complete examination. He had
reason to believe that other weighty
evidence not yet obtained was obtains-
BILE. While it might in part tend to
add proofs Of the defendants guilt, he
had reason to believe that facts might
be uncovered which would show them
to be innocent. The territory's object
was not TO convict them if innocent, Or
permit them to escape ii guilty. 1t was
not seeking victims hut criminals. Be-
side, one of the parties named in the
complaint could not be found, but there
was possibility that he might be ap-
pretended soon, in which case the ex-
animation would be somewhat sim
| plifed.
After conferring with his clients
briefly, Attorney Bullard protested
vigorously against the continuance
There was not now sufficient evidence
! to hold them and there was no likeli-
hood that any more would be obtained.
| This John Calvin, whom nobody knew,
was fugitive from justice. 1t was not
probable that he would come to the
rescue of the territory by answering
any subpenas for him in person. What
else the territory wished to prove had
not been explained and was so ague
| that there was no cause shown ior
continuance.
His clients he said had now bern in
! jail nearly week. Their busines, was
! being damaged and their families @ere
in want of means of subsistence.
Mr.. .Bullald objected again on statutory
grounds and in reply to the statement
that it was in the power OF the magis-
trate to grant three continuance of two
days each, on the motion OF the prose-
ton, he said that this power could not
be exercised arbitrarily but on show
ing of good cause. The prosecution
had shown no cause but had simply
asked the continuance while it was
was going on an impromptu fishing ex-
cursion.
Said the district attorney: "-Th1s is
| will admit, in one sense fishing ex
cursion. but have my bait already, /
have my line and pole in order and I
have already had two or three nibblee."
"Will you be ready to 20 to trial in
two days?" asked Mr.. Bullard.
Il don't know" replied the district
attorney; 'I'll go if l am ready"
! The continuance WAS allowed. At
torney Bullard asked about bail and
the magistrate said he would fix it at
any sum that might be agreed upon be-
tween him and the district attorney
Mr.. Millay suggested $1,000 as reason
able sum. The defendants said they
were unable to give it and would go
back to jail.