The border vidette., 1903-12-19

TOMBSTONE, Arizona, Dec. II, 1903.
 The United States trial jury today finished their work for the term. The only case tried was that of Ricardo Sandoval, charged with smuggling em- broidered silk at Douglcs, and he was promptly convicted ana sentenced to ten months in the county jail. Two Mexicans, indicted for smuggling mes- cal, plead guilty and were given six months each III the county jail. Pleas of guilty were also had in the cases against Peacott, Chesterfield and Sum merfield, charged with violating the Internal Revenue laws, aud they Were given sentences varying from four months to one months imprisonment, with a fine of from S4O0 to $lOO in addition. The case against James Bennett, charged with aiding and abet ting Chinese to enter the United States. was continued for the present to allow the defendant to secure c.r- taia testimony in his behalf.
 The cases in which the greatest in terest were manifested were the cases against Alvord and Stiles, charged with complicity in the Cachise and Fair bank train robberies. Alvord plead guilty at this term and was sentenced to two years imprisonment in the Ter ritorial prison, and all other cases against him were dis missed Stiles had eleven indictments against him, five having been found at the last term and six at this term. He was defended by Frank Doan, son of Judge Doan, the presiding judge of this dIs- trict. A motion was made in each of the five cases found at the last term to dismiss the indictments, on tLe ground that Stiles had entered into an agreement with the United States authorities to turn States evidence, and in consideration of his SO doin Q he was not to be prosecuted on any of the charges pending against him. The for mer indictments against him were all dismissed, but these five were found at the last term of court, and Stiles con tended that he had carried out his part of the agreement and had testified fully and freely against his associates, and that the government ought now to be barred from prosecuting him. The government contended, first, that this motion ought not to be heard, and after being thoroughly argued by both sides, the court ruled that it would hear the motion, Stiles going on the stand and tes flying that he had car ried out his part of the agreement, and the government, calling two members of the last grand jury, to show that when called before the grand jury in July last, he refused to testify against Alvord. The United States attorney also testified that up to the time Stiles refused to testify against Alvord, and evaded all questions put uo him as to Alvord's complicity in the hold-ups, it was not the intention to indict him; but that as soon as he failed to carry out his agreement, he had been indict- ed, and had left town and failed to ap- pear and testify at the two trials of Alvord, though called at the door of the court house and given another op- portunity to keep his agreement. This motion was then also fully argued, and, after considering it, the court ruled against Stiles, thus denying the motion to dismiss the indictments.
 This left six indictments against him. and he then, by his attorney, moved for change of venue on the ground that he could not secure a fair and
 
 of the prejudice of the inha bitants, and also because the judge presiding in this district was biased against him, and he supported this motion by his own affidavit and that of F, lix Mayhew The government contended that this motion for change of venue could not be heard until after plea and is sue joined, and further that the bias of the presiding judge is not ground for change of venue under our statute, and the only ground that could be consid- cred was the prejudice of the citizens of the district. Both of these points were overruled by the court, and the motion for a change of venue was granted The United States attorney then re quested that Judge Kent be called here to sit in place of Judge Doan, but this request was denied because of the loss of time before Judge Kent could reach here, and also because of the other business of the court, which would be disarranged and delayed by this procedure. The change of venue was then granted to the Third District, at Phoenix, and this concluded pro- ceedings here in the United States court.
 There being a charge against Stiles in the Territorial Court, for assault with deadly weapon, arising out of his shooting George Bravin at the time of the jail delivery, in which Alvord