Bisbee daily review., 1902-08-12
CRIMINA.
 CONSPIRACY
ONE WITNESS OCCUPIES THE WHOLE TIME OF COURT
 YESTERDAY
Testimony shows that cen;ers was to Receive s3.50 per Day as Presi. dent-Case Continued Until 8 O'clock this Morning

dent-Case Continued Until
 O'clock this Morning
 The case of the Territory against Harlan and Howard was called before Judge s. K Williams at l o'clock yes terday after being postponed twice on account of the absence of witness named Campbell. The defendants moved for a continuance, which was not granted, was on the ground that they had insisted to proceed without the witness, upon the motion of the prosecution the day before.
 k A Miller was the first witness who took the stand for the prosecu- ton and was still on the stand when the court adjourned at o'clock.
 The books of the company were in troduced and placed in evidence to show that President N. A. Centers of the Modern company was not in default.
 We will show that MT. Centers is not indebted to the company in any sum. but that the company owes him between $500 and s700." said Attorney Miller. Continuing his statement he said:
 "ThatCenters spent in addition to this amount of money due him, the receipts of 4,O00 shares of his stool which he used for the development Of the property and which the company still owes him for, that Messrs. Har- Ian and Howard had admitted. in the prosecution against Mir. Centers, that they did not know what amount of money Centers had received; what amount of money he had expended or what amount of money was owing him for his services; and when ques- toned as to the alleged amount or embezzlement, Mir. Harlan swore he knew nothing of the facts except as stated to him by Howard and that Mir. Howard swore that he did not know how much Centers was entitled to or what he had received or what he had expended. Further that both Harlan and Howard had access to the books of the company and were notified that the books were ready and open to their inspection; that Howard with knowledge knew that Centers had turned over to Briggs. one of the di- rectors, the sum of SLIGO, and after admitting upon oath. that he had nc reason to disbelieve this and after asking Briggs to account for that sum had included it in the sum alleged tc have been embedded by Centers; theat neither Harlan nor Howard claimed to know, or pretended tC know of any fact showing or tendins to show an embezlement by Centers.
 After the statement by the attorney for the prosecution, the defense ob jected to having the books admitted which was overruled and the book. were introduced for the inspection o the court.
 The books as presented, and explain ed by the secretary of the company show that the bylaws provide tha the officers of the company get $3.5 per day and board MT. Centers ha been president since the 5th day o April. 19O1, said Secretary Miller The court figured and stated ''th amount due him for this period fo wages was over s2200."
 The witness stated that Attorne Miller ordered him before the 4th o August to make a statement from tn books and present it to the stock holders That upon the day the book were balanced and ready to be prs sented to the directors, the warran for Centers' arrest was sworn out The evidence brought out by the pros ecution was entirely to show the mo tive of the prosecution of Centers."
 The trial before Judge Williams on a charge of criminal conspirac against Messrs Harland and Howard for causing the arrest of Centers fo embezzlement
 The Modern Mining company owe which litigation has arisen was di covered five years ass by NIT. Brige one of the heavy stOckholder and another. The property located in the Warren mining di trict about seven miles west of Bi bee and consists of twenty-nir claims. This property opens up new mining field as there were T other mines in this immediate vici ity which thus far has been opera ed. This property has been passt upon by mining men who pronoun' it as being bonanza
 The company was incorporated the 5th day of April, 1901, with 100 eco shares at one dollar per shai with it's first officers consisting of
 A. Centers, president; F. W. HowaI secretary and treasurer. and M.
 Harlan as general mahager. Thir' two thousand dollars worth Of sto has been sold. There has been abo 300 feet of development work and ov
 800 worth of machinery has be
 installed upon the property