Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1895-05-10
THE FOURTH DAY
And the End of the Big
Canal Suit
Apparently Farther Off
Than Ever.
A Proposition to Submit it to
a Master in Chancery.
The Testimony for the plaintiffs
Alone Will Occupy Not Less
Than Twenty Days.

The really intermlnable character of
the suit of the minority stock holders of
the North Side canal companies against
the majority stock holders first became
apparent to the general public yester-
day morning.
No progress was made but the whole
day was taken up with the discussion
of a motion by Col. Herring for the
appointment of master in chancery to
hear the case. The motion was resist
ed by G. F. Ainsworth and Hugh But
ler for the defendants. They desired
the case to 60 before the court. Judge
Baker said that he wonld hear it dur
| ing the rest OF the week but no longer.
| There were he said several criminal
cases, there were eighteen men in Jail
awaiting punishment or liberty and the
disposition of even one such case was
much more important than nybody's
civil suit. The trial of the criminal
cases would commence next Monday.
The attorneys for the defense thought
it possible that the suit might be con-
cluded by Saturday night. Col. Her
ring said he wished to introduce eyi.
dence which alone would occupy per-
haps twenty days.
The motion went over until two
O'Clock. At the time set arguments
were begun. The attorneys on the part
of the defense urged the greatest expe-
dition. If they were wrong they
wished to know it as soon as possible
and if the plaintiffs we're wrong it was
equally desirable tbas it should be
known.
The uncertainty attending an i'm
pending suit was magnifed in the
minds of persons who might intend to
invest in land under the canals in
volyed. The attorneys for the defense
then alluded to the objects sought by
the plaintiffs, and compared the pres
ent condition of the canals with their
condition under their former manage
msnt. The Salt River canal had been
they said disastrously conducted until
1t had come under the present manage.
ment and there had been an increase OF
population and settlement in conse-
quence.
/ Col. Herring spoke at great length
in favor of the motion and his remarks
indicated the extent of the plaintiffs
case. Replying to Mr.. ,Alnsworth's
com parison of the former with the
present condition OF the country, be
said, THAT is a matter of sentiment
and when it comes to sentiment we car
out Herod Herod." His address ther
turned upon the acquisition by the de-
PENDANTS of controlling interests in the
canals, forced depreciation of theil
stock and the conspiracy alleged in the
! complaint. The court seemed to favor
the motion as me-saving device.
In reply to the objection that a mas
ter in chancerv could not properly sif
the evidence, he said it was not neces
sary that it should be sifted. Every
thing should go in, along with such ex
ceptions as might be offered. Tn
evidence would have to be afterwRrC
transcribed and reviewed by the cour
even If it should be heard by the cour
itself.
t Court Stenogra pher Holmes was sue
: gested as the master. He was accept
o able to both sides, that is, he was as &C
ceptable to the defense as any othe
r person. The matter went over unit
O'Clock this morning.
1 The only other business transacte
: in court was the reception of a partls
report by the grand jury returning il
:. dictments for burglary against job
Burris, Robert Williams, Dan Ryar
q Henry johnson, Benjamin Earl an
Thos. Mcdonald.
The last two are the men who wer
arrested last fall suspected of the assal
sination of Frank Smith. They SUI
ceeded in quickly showing that the
were not the murderers but anon
their effects were found many article
identified by persons whose houses ha
been burglarized short time before.