Bisbee daily review., 1902-08-07
PRESIDENT CENTERS
 HAS A HEARING
TAKING OF TESTIMONY WAS SLOW AND WAS NOT CON-
 GUIDED

mission of Some Testimony and
 After Extended Arguments the
 Court Tkes the Matter Under Ad-
 visement
 A big crowd of well known citizens of Bisbee congregated at Judge Browns court yesterday to hear the case of the Territory against Centers which was called at II o'clock. The case called forth unusual interest as N. A. Centers as president of the Modern Mining company, occupies one of the prominent positions in this vii cinity and is generlly looked upon with favor by those who know him.
 The prosecuting witness, NJ. R. liar Ian, is one of the heavy stockholders in the Modern company and is also the deputy territorial organizer of the United Modern fraterity, while F. w. Howard has been, up to the 7th of July the secretary and treasurer of the Modern mining company.
 In the absence of the county attor- ney, C. l. Clark conducted the prose cuticn in behalf of the territory and W P. Miller conducted the defense.
 Gentlemen, are you ready to pro ceed with this case?" said the court.
  that the county attorney had been re Quested to come to Bisbee, but that he had not appeared and that he could not be found by phone and that he would proceed for the prosecution.
 NJ. R. Harlan, the prosecuting wit ness. was first called to take the stand. A certain letter that was writ ten to Mr. Harlan by MT Howard hn Nf 10 Modern which it was claimed gave informa- ton 10 MT. Harlan concerning the bad condition of the company. was not pro duced. as the defense objected to anv- thing il contained Mir Harlan stat ed the amount of money that was un- accounted for was over s3,00O. He said: T went to Tombstone and plac- ed the matter before the district aI- torney who advised me to go to the companys attorney a. Bisbee and have Centers arrested for embeZZle- ment MT Miller. the company's at torney, refused to proceed against Centers."
 Upon cross examination. which was conducted at length by Attorney Mil Ter, the history of the organization of the Modern company was brought out and the question of the mandamus proceeding was reviewed which took place at the last session of the dis trict court and the conversation which took place between Mir. Harlan and Attorney Miller relative to the pro- ceedings against MT Centers. The ev- idence was brought out that NIT. Mil Ter refused to proceed against MT. Centers until he had the accounts cast and presented to the stockholders and directors of the company.
 MT Miller, the present secretary, was called o the stand and presented a portion of the expense account of N. A. Centers. which had been copied from memoranda of MT. Centers. The entire accounts were not presented by the secretary as the final accounting was in the possession of the company.
 Former Secretary Howard took the stand and said that he had been secre- tary and treasurer of the company from it's organization till his resigna- tion: that he had done the first busi- ness for the company and had sold the first stock for the company and had sent the first money to MT. Centers before going east. 1 did not have all the books in my possession while away and upon my return could not get possession of all the books, as Mir. Centers refused to let me have them. The different items that were short were enumerated to be s. 302. 2O''
 At this point Attorney Miller object ed to the evidence introduced by the prosecution. which brought out an ex- tended discussion He contended that nothing was produced that was admissible evidence that nothing had been produced which showed how much money the company received, how much money had been paid out. or how much was due Centers for his services as president of the company. or how mrch money he had expend- ed"
 Afte- extended argument bv the ro--1ror ro- -ha prosecution and de fe,eo Iud~e Brown took the cuestion of admitting the evidence under af- yisemept until 10 o'clock today.
 The case has ma1v feature Of ir- terest connected with it and afforded ecrti-ueI irte-eet to the large crowf ,-tich corg-eeated to hear the trial