Arizona republican., 1899-10-09
DISCHARGED AND REARR ESTED.
Queer Procedure in the Case Of George
w. Morgln and J. W. Mitchell.

completely in the killing # joan L.
Duncan took IN extraordinary turn
last Thursday, the day sst fer the pre-
liminary examination before Judge
Nichols, says the Wilcox Range News.
The morning train from the west
brought several prominent attorneys
who wsre interested in the case On enc
side or the cthar. Besides District At
torney Land CT Tombstone there we're
in attendance Judge c. w. Wright CT
Tucson, counsel for J. w. MITCHELL s.
E. Hazard os Tucson and S. A. D. Up
tcn Of Tombstone, counsel for George
". Morgan; John II. Martin OF Barnes
& Martin Of Tucson. who had been en-
Played to assist in the prosecution
On account Of the large attendance
Of citizens the examination was to be
he'd in NCrtOn's hall. Upon The open
ing If court District Attorney Land
asked scr additional time to inxesti-
gate the facts in the case, and court
was adjourned until 1880. When that
hour arrived another adjournment was
taken to 1870. At the expiration Of
this second interval District Attorney
Land addressing the court stated that
the counsel for the prosecution had de-
cided, in view OF existing circum-
stances, that they were not ready to
proceed with The case. Here Mr. Mar
tin rose. and whispered in the district
attorneys ear, WheTeupOn the prose-
cutting officer corrected his statement,
ard speaking in his Own behalf and in
the interest of the county, declared
that he was net ready 10 let TIE exa nj
nation proceed. He therefore asked
that the charge be dismissed. Judge
Wright promptly protested against this
action, intim2ting that il WIS simply
a trick for the purpose Of dragging the
accused and the witnesses ever To-
Tombstone. He had been informed,
he said that 2 deputy sheriff with
warrants in his pCol1eL for the atrs St
Of the defendants was then in tom.
Mr. Land denied that officer Null 4
had any war1ants He main aimed that
it vas fer him to say Wheeler or not
there should be any prosecution. lie
stated that h. was net ready t., try the
case and did not want t. try it in
Wilcox. Lawyers Wright and Hazard
both opposed the motion il vigorous
Language, but all to nc purpose. The
district attorney stood firm, and Judge
Nichols, recognizing the faj- that If
that officer refused to prosecute there
was no prosecution. discharged the de
PENDANTS.
Almost before they got down town
AiessTs. Morgan and Mitchell W5re re-
arrested by Under Sheriff sid Mullen.
Wright and Hazard ds-
manded to see the warrants and the Of.
ficeE admitted that he had none. They
thec insisted that the msn be taken
be5CTe the nearest justice, as the law
provides, and Offcer Mullen took them
t. Judge Nichols ofica. At this juno
ture District Attorney Land entered
and q vigorous controversy ensaed.
Mr.. Land admitted thai 4 trick had
been played but said thai it was neces-
say to resort to tTickery in order 10
deal with some opposing counsel.
Judge Wright gave notice that il the
privilege Of an examination was re-
fused his cIienE and the latter was held
under an arrest made without war
ant he would bring suit against the
sheriff for false imprisClme lent. Mr..
Land declared that 2 warrant had bsel
ssaed il Tombstone but had not yet
cached him and directed Officer Null
en to remove the pTisoners from the
ourt rCcn. The accused were again
1lao5d in the keeping ii J. c, Page and
hat night were taken UP by Under
Sheriff Mullen md Constable AlyCrd
o Tombstone. They We're arraigned
)efcTe Justice Schustar the following
friday. and their examination SGT
Any attempt to depict tbs indign3-
ion of the people in Wilcox and Vi
Unity would be futile. The mos re
rarka bic circumstance connected with
he whole affair was that tie persons
Interested in tha prosecution were
iUi5e as indignant Is the other side.
some II District Attorney Lands most
'taunch supporters in the past were
cudes5 in their denunCiation of his a.
ion.
Mr. Land claims 10 have for his !
curse seed reasons which he can not /
{ present divulge Events will doubt
ess show whether the claim is true, /
lut for the present it would be impcs- !
ibla to make To people of this sec !
ion believe Otherwise than that Judge /
VTight's charge OF tricke-y was a just /
ne and that the accused and their at !
cEneys and all 5he Witnesses were 10 /
e dragged over to the county seat 20 !
at little m0ney II circulation there. |
Men of a judicial mind Dc nos fail |
o recognize the fact that the action CT /
re dlo}Iict attorney was pIacIc1IIy q /
thai there WAS TO case /
gainst the accused. Had theTe bsen /
proof and the examination /
sen allowed TO proceed, the defend /
IT'S would unqusstiOnably have been /
ED to the grand jury under heavy
ords, which would have kept them I
ecure until the next term # court
Besides Objecting to the inconven-
7Dce of taking all the Witnesses over
D Tombstone, the people inter ested in
he prosecution appreciate She fact
hat the trickery praciced cannot fail
0 enlist public sympathy fer th5 ac-
used
The sequel to this remarkable chap
er Ct criminal procedure will be ear
estly awaited.