Arizona republican., 1902-12-10
WADDELL DISCHARGED
The Cases of Dan Gates and John
 Havard.

The preliminary examination of George Waddell was concluded in Jus
 tice Burnett's court yesterday by his | discharge on a motion by his defend
 ants on the ground that no probability
 of his guilt had been shown. Or rath-
 CT that 1t was probable that somebody else had committed the crime. It was shown that at half past three o'clock, not long after the cash drawer contain | ing the money had been left on the counter guest of the hotel came down stairs, passed by the counter and went back into the toilet room where the empty cash drawer was afterward found. It was not contended that that guest took the money but that he could have taken it. Not long after other guests going out on the early morning train came down and some oi them were about the counter and so far as any one could testify to the con- trary went to the toilet room It was also dwelt upon that WaddeH was in the office of the hotel in the pursuit of his usual duties and that he had as much right to be there as any one: that none of the money had been found in his possession and that no suspicious circumstance against him had been subsequently developed
 Dan Gates, the young man or rather boy who had burglarized the hardware store of Ezra w. Thayer was held to the grand jury in the sum of S1. .OOO. He wanted to know if there were not some way in which he could await his trial out of jail. He is evidently not an ex- perienced criminal though the crime he committed was done in a thoroughly workmanlike manner. Gates is q good looking youth with a bright and steady eye and a firm chin which quivered though a little when he learn cd that he would have to go back to Jail. The court had a private talk with him out of which nothing was develop ed.
 Then John Havard. the multifarious thief was brought into court. Nine warrants had been issued against him. Three Of them were search warrants. The complainants in the other cases were Ben Dozier who had caught him In the act of stealing valise the night before; Meyer Bunsick of the Boston store from which Havard had stolen lot of shoes; H. M. Weirick the loser of set of harness; Thomas Jennings Keeper of the city corral where Havard had stolen couple of halters; L. C. Masten who had contributed a chain less bicycle to Hazards junkshop. and F. D. Blackburn whose buggy Havard had plundered of a duster. a lap robe and suit of ladies underwear.
 Havard was accompanied in court by his wife, a respectable but troubled looking woman. Havard himself seem ed to fully realize that he was in trou- ble. He would not be picked out for a thief He is a man of considerable in telligence and has travelled extensive ly. He has made a good deal of money in his time but none of it by thievery for his wife says that so far as she knows he never stole anything that could be of use to him or any of the family and he never sold anything he ever stole. Even the shoes and the clothing which he had stolen from time to time have been either to big or too little for any of the family.
 She says that for twelve years he did not drink and during that time he stole nothing. When he is sober he never speaks of his thefts; in fact his wife has never had any converse ton with him on the subject of his weakness. His attorney, w. P. Richardson, asked for a continuance of his case until to- day at 10 o'clock. His bond was fixed at $500.