Arizona republican., 1898-09-30

appeared from his room last night, after having ordered his horse for seven o'clock this morning, with the avowed intention of making an early start to be here before the opening of court. A man was seen going toward his cabin after he had retired fer the night; but so far can be ascertained, nothing Eas been seen of MT. Neil himself since that hour. Parties are TOW searching all the Silver Trail country to get some trace of him, and he may be found within the hour; but, pending bis ar rival, and in view of the fact that two of our principal witnesses are likewise unaccountably missing, I must beg for 2 continuance of this case"
 But MT. Criley, of Denver, was upon his feet on the instant, excitedly pro- testing. Your honor,'' he cried, "I must protest against any delay in try ing this case, as working unnecessary hardship to my client and others con. , cerned. My client has come on from New York for the express purpose of being present at this time. He has in contemplation a trip to Europe which cannot be delayed without involving possibilities Of grave loss to him, while several of our witnesses are from dis tance, brought together at this time with more or less difficulty. In respect to Mir. NeiPs disappearance. while from some points of view it may be regarded as peculiar at this juncture, yet ven ture to suggest that the gentleman was undoubtedly cognizant of the fact that the case was set for this morning. and if he is not here it may be certainly within the range of possibility that he has reasons of his own for dissenting himself. We would most respectfully call the attention of the court to the fact that no sufficient grounds have heen presented for granting a continu ance. Talk of malicious detention, hints and innuendoes, cannot be of- fered as valid reason for delay. On our side we are ready to proceed, and on behalf of my client most emphatically protest against the granting of any con tinuance''
 The judge looked deliberately from enc attorney to the other, absentiy playing with paper knife. Did MT. Neil understand that the case was set for this morning?' he asked, coldly glancing at Donald Bartels.
 "He did, your honor; and when he left my office at four o'clock yester- day afternoon, he expressed his inten- tion of being here, while, as before stated, his purpose was further shown in ordering his horse to be ready for him.
 The judge glanced rather listlessly to- ward the clock at the side of the room. II do net see any sufficient grounds for continuance" he imperturbably decided, after a moment, taking up the raper knife once moro and attentively examining the pattern Of it's handle. Your client was aware that the case was set for trial this morning; if he disappeared from his room last night, t would seem that he went voluntarily at least you have made TO showing of violence or coercion. SUrmises and sug- gestion are not to be accepted as evi- dencc. Gentlemen, we will proceed with the case.'
 Bartels' fair face flushed an angry red, but comprehending the useiessncss of further appeal, he resumed his scat in silence. Just as I told ycu," muttered Carlton in his car. They've got Bonnet on their side fast enough. Tour only show HOW is to kill time the best you can and trust ill Providence for Neil to show up at the eleventh hour. I'm go- ing down to stir up tie sheriff ard sec what he is good for-if he has not gone already"
 And accepting his partners view of the case, Barteis grimly gave himself to the task of consuming time. He ad- dressed himself to the impancliing of q jury with drawing hcsitancy, which, to the few among them who were strangers to him, fairly suggested an impeachment in his speech. Had he been called to cope with hopeless idiocy, he could not have been more minuteiy painstaking in his deliberate cxpiana tion of the grounds upon which that suit was brought; he reiterated with tireless suavity; by no possible chance cculd any misunderstanding have lin gered in the mind of the dullest. He wavered uncertainty in respect to his challenges; frequently he was inter- rupted by small, nervous cough, i'm polling him to begin anew almost com pleted sentences, while his questions were put in such searching, impressive fashion, that the unhappy company seized for that form of vicarious atone ment ordained by the law felt as though tacitly accused, and in some instances almost convicted of unholy league with the defendant i'll the case. But with all his dragging methods, Mir. Criley with business-like directncss doing all that he might to make up the lost time, when court adjourned at noon the jury of six imranelled and sworn to well and truly try the issues joined between the plain tiff and the defendant, and . true yer dict render according to the evidence.
 Well, it might be worse,' Carlton cX claimed in gloomy graduation as they walked down the street together. You can easily use up a couple of hours with