Arizona republican., 1895-04-28
WITH REASON
B. F. Douglass Feared
for His Life.
He Caused the Arrest of
Frank Wagner,
Who Already Has One Notch
on His Little Gun.
A Hearing in Which it Appeared
That Lawyers Were Particularly
to Be Avoided.

B.F. Douglass, farmer living east
of town, swore his life against Frank
Wagner. the nurseryman, yesterday
morning. He had been trying to do it
since last November. The case was
heard before Justice Johnstone, who
put Wagner under $500 bonds to keep
the peace. and he compelled bond
that ls bond, so that if Mr.. Wagner
makes break it will mean something
to his sureties.
The trouble arose from that fruitful
source OF disputes, tract OF school
land. Sanguinsry threats appeared to
have been made on both sides, but
Douglass certainly had reason to be
alarmed. since Wagner already has one
notch on his gun. He is the man who
killed Frank Fry in a dispute several
years ago.
The hearing embraced not only the
pending cause of complaint, but the
original cause of trouble between the
men.
LII dppCbIOd tuht WdSACi duu tWO
partners who had obtained possession
OF parcel of school land sold their in
terest in it to Douglass for $500. A
part payment of 500 was made soon
after the transaction and the rest was
to be paid at a stated time. On the
maturity of the debt Douglass had been
unable to raise the money, but he sub
sequently paid SIS. He finally secured
the balance, but before he could turn
/ it over an unexpected. complication
arose which compelled him to retain it,
Messrs. Baker and Campbell, who
had defended Wagner on his trial for
the murder of Fry, had never been
able to collect their fee from the de-
fendant. They had obtained Judgment
against him, but there was nothing in
sight to satisfy it. Learning of Doug
lass Indebtedness they began garnish-
ment proceedings and SO tied the
money up.
But Judge Baker having previously
been elevated to the bench in this ju.
dicial district, was ineligible to try the
case and an effort was made to have il
brought before Judge Hawkins when
he was here during the January term
| trying other cases in which Judge
Baker was disqualified. The case
could not be reached, however, so that
Douglass is likely to enjoy the use ol
the money he must pay to somebody
for long time.
4 Wagner did not seem to understand
the binding force of garnishment pro
ceedings and insisted that Douglass
should pay him. Douglass was wiser
and knew what garnishment proceed
ings mean. He was naturally unwill
ing to run the risk of paying it twice
and 80 declined to pay it at all.
The evidence showed that Wagner
was disposed to force matters anC
threats of killing were uttered.
The defendant was attended in cour
| by his attorney Judge Woodward; F
Fl. Lyman accompanied the complain
ing witness and District Attorney
Millay appeared with the dual purpose
OF protecting the territory's reputation
and the territory's pocket book. State
ments were made by both the the de
fendant and the complaining witness
} The defendant related at some length
the cause of the trouble and said thai
he only wished to get the land back by
legal and peaceable means. He was
the best friend Douglass ever had and
never intended to infict bodily injury
upon him.
The next witness was R. E. Earring
ton, between whom and the defendant
there had been some sort of relation in
the nursery business. Said he: 81
don't know much about it. Wagner
came to me and told me about hi.
} trouble. He was going to law about il
, and | told him that he had better make
some kind of compromise and that il
he went to law he would be the losel
whether he won or lost; that nobody
would be the gamer but the lawyers. ,
During this part of the testimony the
district attorneys face was suffused
, with bushes and Judge Woodward
face WAS clouded with frown. ''l
move your honor" said he, that thi:
part of the witness testimony in dis
paragement of lawyers be eliminated. ,
The witness went on to say that he
called on Douglass and made him 6
proposition, which was declined. Doug
lass told him that if Wagner fooled
around him any more he would xii
, him, and that he had a notion to xii
| him once.
The witness was cross examined by
Douglass concerning his motive IL
calling upon, whether he had come al
a messenger of peace or as a financially
interested party. All this, though, re