Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1895-04-03
The Defendant Himself
on the Stand.
His View of the Alleged Mis-
appropriated Sum.
A Self-Confession That Attorneys
at Law Are Improbable
Tenants.

The farther the examination in the
Goodman embezzlement case progresses
the more attractive it becomes to the
curiosity inspired auditor. Threads OF
the tangled Daggs case run through it
in every direction and threaten dire en-
barrassment to the defendant. The
territory finished its case yesterday
afternoon and the defendant himself
was put on the stand. His direct exa-
mination was not concluded at O'Clock
and recess was taken until 10 o'clock
this morning. The end of the case will
probably be reached today.
Yesterday forenoon was occupied with
the testimony of the Daggs brothers.
An attempt to Investigate the title of A.
]. Daggs to the property whose rent
amounting to 1921. the defendant is
charged with having embezzled, was
continued until afternoon. The de-
tense contended that the introduction
OF testimony on this subject was proper
on the theory that any testimony not
entirely irrelevant, and which would
tend to attack the reliability of wit
nesses on the other side, was allowable.
District Attorney Millay on the other
hand took the ground that any testi-
mony relating to the title was irrele-
want, and that whether or not Al.
Daggs, the prosecuting witness, was the
owner of the property he stood in that
character to the defendant, who mad
accepted the agency for him.
Against this theory Judge Campbell
introduced an illustration. Now"
said he to the district attorney, sup
pose Justice Johnstone should author
the Monihon block. Suppose you
should proceed to collect them, put the
money into your pocket and appropriate
it to your own use; could the justice
charge you with embezziement, seeing
you had no claim upon the proceeds
from the bullding?"
Inreply to this suppositious case Mr..
Millay said Let's carry your illustra-
ton little farther. Suppose the JUS
tice was not the owner OF the building,
yet had claim upon its proceeds
through lease from Mr.. Monihon, the
owner suppose he should sublet rooms
in it to, say Mr.. Willis, Col. Fitch and
Judge Campbell (al attorneys for the
defense) and suppose he should then
| make me his agent
"You couldn't collect the rent"
| broke in Col Fitch.
81 couldn't collect it?" repeated Mr..
Millav, with the surprise man natural
| ly exhibits when he has brought up
suddenly against hidden law.
| ''Not from that crowd" said the
colonel, and the rest of the illustration
was lost in roar of laughter.
! But the investigation of the title was
allowed and the defense began it, but
did not prosecute it very far, for it was
developed that though there had been
Kaleidoscope shifting of Daggs' inter-
ests last summer, the shifting was regu-
lar and the title to the property in
question was in A. ]. Daggs to all in
tents and purposes.
The case of the territory was closed
and the defendant was put on the
stand. The beginning of his evidence
was description of his relations with
| the Daggs brothers.
! The collection of rent amounting to
1921 as charged was admitted but was
regarded by him as an item in an &C.
count current running through period
OF several months. The books OF the
commission house were produced in
evidence and the account of the Daggs
Bros. was checked up and balanced when
it appeared that the defendant owed
somebody that is some one of the
Daggs, he didn't know who, the sum of
S16.75 which he stood ready to pay. At
this point q recess was taken until this
morning.
Under the attachment proceedings
begun against Mr.. Goodman by Daniel
Kloss last Saturday all the perishabie
stock remaining in the commission
store was sold by Constable Garfias yes
terday afternoon. 1t was ruinouslv
cheap. Onions sold at from 65 to IS
cents a sack and thirteen boxes of
oranges brought only $5. The pro-
ceeds of the sale were $46.