Arizona weekly citizen., 1895-06-29
SUIT FOR CRIMINAL LIBEL
The Case of Editor John O. Dun bar Before the Dis
 triGt Court.
The Jury Bring in a Verdict of G uiltT and the Court Imposes
 Fine of S1.OOO.

For the past two days tie case of th, Territory vs. John O. Dunbar has beer before the district court. On its fac, there was nothing about the case tha was worthy of undue attention. The complaint had been filed nearly two years before and the general opinion was that the case would be thrown out of court. But not so. The clans gath cred and 1t was the most interesting and sensational case ever jed in the town It was purely a democratic fight, the lawyers for both prosecution and de fense, the court, witnesses and defend ant all being members of that faith. The Duke of Wellin ton, who was an Irishmau, said when he was appoin ted Lord Lieut.. of Ireland, and told to deal severely with the disaffected, "lesve that to me-" From that has grown the saying, set an Irishman to punish an Irishman. With like truth can it be said, set democrat to punish democrat, and yoa can be surs that he will get whatever the box contains. The case in point afforded ample proof, for a more determined fight was never made in court room. The case was prose- ecuted by ex-D.strict Attorney Here ford, assisted occasionally by Francis J. Heney, ex attorney general of the terri tory.
 The defense was looked after by Judge Wm. H. Barnes, ex judge of the First Judicial district, and District At torney Wm. H. Lowell. As may be not ed everyone were democrats of promin. ence who had at one time or another made states in confidence and built up political hedges. It was amazing to see how much they knew of one another, and how the fur dId fly. Two cats hung playful than the Reavis twins in the land court in comparison.
 Judge Barnes ID his closing speech to the jury-and it was 8 good ons-feel- insIy referred to the dirty demoorstic linen that had been swung to public view with the freedom of Santa Cruz, washerwonaD, and playfully intimated that the whole thing was nothing more than little fun. The jury appeared to be in like vein of bumor and brought in verdict of guilty. This conclusion was reached without debate and in less than fifteen minutes they were ready to report.
 As 1t was then about 9 o'clock in the dark and the Judge was figuring on how many rocks he was liable to hit with his bicycle on his way home, he gazed his watch out of couutepance and then said that he would announce his decision at o'clock today.
 Promptly on time the court started the ball rolling. Judge Barnes opened with motion for a new trial. This was overruled the court giving the most explicit reasons agalnst the objections raised. He then ordered curly headed John to stand up and re- ceive sentence but before proDouncing same he generously offered him the floor with the privelege of saying why same should not be passed on him, but like the little boy with the spradliDg walk, he had nothing to say. MT. Dunbar was then fined one thousand dollars and remanded to the custody of the sheriff till same was paid.
 The Judge held the offence bailsble
  which was promptly furnished.
 Judge Bethune won many commenda- tions for the broad and liberal latitude he allowed to both pro and con in the case.
 The following is the indictment upon which the suit was brought It may be noted by the observant that more beds are in use now than when the suit was originally entered.
 Territory of Arizona vs. John O. Dun-
 bar-lndictnent.
 In the District Court of the First Judi
 cial District of che Territory of Ariz-
 ona, in and for the county of Pima.
 The 18th day of October. A. D. 1893, JChn O. Dunbar Is accused by the graHd jury of the county of Pima, of this in- dictment of the crime of hbel, commit ted as follows:
 The said John O. Duub bar was on the 12th day of October, 1894, at and within the county of MarIcopa, AriZona, the editor of certain newspaper known as the Arizona Weekly Gazette, newspa per of general circulation, then and there and therefore edited by him, the said John O. Dunbar, in the city Of Phoenix, Maricopa county, Arizona, and which said newspaper therefore and thereafter, had a general circulation Tn the county of Pima, and in said territory of Arizona, and also throughout the north sections of Arizona. and the said John O. Dunbar, then and there editor of said newspaper aforesaid, being per son of nervous, evil and wicked mind, and most malicious disposition, end wickedly malicious and unlawful mind ing, contrivIng and intending ss much as in him lay to injure, oppress, aggrieve and to villIfy the good name, fame, credit and reputation of Francis J Heney, William K. Meade, Charles N. Bruce and Louis C. Hughes, then and there good, peacesble and worthy citi zens of said territory of Arizona, and of said United States of America, and to bring in o public scandal, hatred, IT, fanny and disgrace, and to impesch their honesty, integrity, virtue and reputa- ton, did on the 12th day of October, 1893, of hls great hatred, malice and i'll will towards them, the said Francis J. Heney, William K Meade, Charles M. Bruce and Louis o. Hughes. with force and arms, at said city of Tucson, county of Pima and territory of Arizona, wick edly, maliciously and unlaWfully, cer- tain false, scandalous and libelous writ ing against them, the said Francis J. Heney, William K. Meade, Charles M. Bruce and Louis c. Hughes, falsely,