Arizona republican., 1904-04-13

which had prevailed in the office from
the earliest times of performing ur-
gently needed work after office hours.
This had been done under a satisfact-
DRY arrangement with the parties who
wanted the work done. If that was a
sin there had been a long accumula-
ton of sin which the government was
now trying to find a scapegoat for;
was trying to roll the sin of years
upon the head of the defendant. Judge
Baker limited that there was 81 political
purpose in the prosecution. The de-
PENDANT was a native of Georgia and
he had been appointed to his position
by Hoke Smith, Cieveland's secretary
of the interior.
Judge Baker spoke of the family re-
lations of the defendant, of the good
reputation he had enjoyed and TO
which there had been ample testi-
mony. lie asked if the jury would
bring in a verdict on the fiimsy testi-
mony which had been offered, the re-
suit of which would deprive the de-
PENDANT of his liberty and cast obloquy
upon his children.
There was an attack more or less
personal made upon the United states
attorneys office and then Judge Baker
referred to one of the instructions Of
the court in which the jury bad been
informed that it's verdict must not be
influenced by sympathy That in
struction the judge said was unneces-
sary and uncalled for. II these COM
ments upon it, Judge Baker disclaim-
ed any lack of respect for the court. HIS
argument was not concluded until the
afternoon when Judge Barnes also for
the defense, took the fooT.
Concerning the evidence Judge
Barnes went over much Of the evil
dence which had been traveTsed by
his predecessor. He, however, went
into one matter with. greater minute
ness. He asked where and when this
alleged crime against the government
had been committed. Here was let
ter laid on his desk. addressed to him:
he opened it and found check sent
by Mrs Miller to the surveyo- general
and he delivered it Immediately to that
official. There had been no crime
committed previous to the orening OF
the letter: there could have been none
after it's delivery to the surveyor gen.
eral. If any, it must have been While
the letter was being transferred. The
check was one of which the defendant
could have made no use; it was not
intended for him; he could not cash it,
he did rot cash it and it had not been
shown that he had ever received any
part Of it's proceeds.
Then Judge Barnes alluded to In
| spector Linnen. Mr.. Linnen is a gen
tleman of good personal appearance.
Though not a dandy he is possessed of
! good taste in the matter of dress.
| There is moreover the glow Of health
in his face and certain foridness
which suggested to Judge Barnes 1.-THE
boiled lobster"
The arguments were closed in the
afternoon by Mr.. Nave. There had
not been left much time for his closing
address. He complimented the attor-
neys for the defense upon the elo-
quence of their "harrangues." The
| illusions to Mr.. Linnen and the office
of the district attorney he did not
think though merited a special reply
Mr.. Nave desired to set Judge Baker
right in certain scriptural references
he had made and also in the matter
of certain evidence of which he hac
reminded the jury, evidence which hao
not been heard of during the trial. Mr.
Nave said he would not ask the jury
to find a verdict against the defendant
He himself was not trying to secure {
verdict just for the sake of securing it
He was only engaged in the perform
ance of his duty without any improper
feeling and he hoped that the jury
would be similarly uninfiuenced.
1t was half past four when Mr.. Nave
concluded and the jury Immediately
retired. Ike attorneys for the defend
ant and others interested iE the cas-
remained about the court house unit
a late hour. About nine O'CLOCK it was
observed that two of the jurymen wer'
sitting with feet projecting beyond thu
window sill 1t was also observed