Arizona republican., 1904-10-22
IT'S WITH THE JURY
The Last of the Evidence in the
 Thomas Case.

At the end of the fourth day of the trial of Bissell Thomas. all the evil dence had been put in and the attor- neys of both sides were asked by the court to prepare as soon as possible rough drafts of the instructions, which win be put into shape and offered this morning, after which the arguments will begin. They will probably not oc- cupy more than two hours, so that the case will be given to the jury by the middle of the afternoon
 The trial yesterday morning was re- sumed with the oss-examination of the defendant, which was only partly finished when court adjourned the afternoon before. It was made rather rigid but brought out nOth- ing of special interest. The wit ness reiterated what he had said the day before regarding the so-called trust fund belonging to the complaining witness, H. W. McDOn- mold. He said that he had found that the settlement which had been direct ed by McDOnnold could not be effected in such manner as to procure a ces- sation of the prosecution of his broth CT, R. L. McDOnnold for forgery. The witness said he talked to R. l.. Me Donnold about it, and in consequence of the conversation about it, NicDon- mold wrote his brother saying that he feared he did not have a full under standing Of the situation, and he sug- gested that he remove the restrictions which had been thrown about the dis tribution of the money. The witness said that some time after that he was told by McDonnOld that he had heard from his brother and that he had au- thorized that the money be spent for the benefit of his brother as might seem best in the judgment of the at torneys and McDonnold himself.
 Up to this time it was indisputable that the money which Fl. w. McDon- mold had sent was a trust fund, which must be expended strictly in accord ance with the directions of McDon- mold. It now became the theory of the defense that the character. of the trust had been changed by the mOdi- fled instructions of H. w. McDonnold. It<was a part of this theory that the attorneys might retain a part of this money as a fee for the defense of R. L. McDOnnold. and that view was fur- ther supported by tho fact that Mc- DOnnold had given his attorneys an order in favor of Judge Mccormick for S10O as a fee. The money, the witness said was to come out of the former trust fund.
 The next witness was Judge Wood ward, who corrobcrated the testimony of his partner regarding what R. l.. McDonnOld had said about the modifi- cation of the instructions. Judge Woodward described the various sums which had been received ffom R. l.. McDOnnOld before the receipt of the money from Tennessee. He said that McDOnnold, after having been brought back from San Diego. told him that he could get $1, ,0O0 from his brother and about S1 800 from San Diego.
 In the course of the examine ton Judge Woodward was asked by the prosecution if he had not withdrawn what remained of the McDonnold money from the account of Woodward x Thomas and if he had not deposited 1t to the credit of himself alone He replied that he had done so. He was then asked if he had not done so for the reason that Thomas was check ing the money out and squaudering il in gambling and drinking. Objection was made and sustained by Judge Kent. who said that was now a side issue. If Thomas had a right to the money at all. he had a right to spend it for any purpose. The thing now tC be ascertained was whether or not the character of the trust fund had beer changed at any time.