Arizona republican., 1904-03-27
THESUPREME COURT
"A Volume of Opinions
 Handed Down
Josiah Anderson Gets a New Trial. Other Important Decisions, Civil and Criminal.

For the volume of business turned
 out the territorial supreme court yes
 serday probably broke the record. The
 docket is pretty well cleared up. Anopc
 the cases disposed of finally many of them were of great importance and
 some of them had been before tho court for years
 One of the principal crirninaI caea-
 was that of Josiah Anderson. appeiIsnt against the territory from this c7u,,+,-
 The lower court was reversed. Ande~- son. who was tried for murder in this county year ago for the killing of William Cameron at Agua Calionte
 was found guilty of manslauehter and sentenced to five and a heIf years in the penitentiarv. The lower court was reversed on a single error in irstructine the jury. The court instructed that the eefendant would have to prove nitf- Eatlng circumstances by a prepo7der- ance or evidence. It was upon this cir
 cumstance that the judgment was re- Versed Anderson will ba returned rom Yuma as soon as the mcndate is
 sent down and he will probably ba re- uSed at the April term. He can this tine De tried only for manslauChter. having been really acquitted of the greater crime. The territory will be under the disadvantage of being unablc to secure many of the more importart ! witnesses who have since scattered to the four corners of the earth. In the case of Theodore Elias aeafrst
 the territory, from Pima county. tre judgment of the lower court was af ftrmed. Elias was convicted of the murder of a. policeman at Tucson two years ago and sentenced to be hau~a4. The lower court was affirmed in the case of John Edwards against the ter ritory from Cochse county. Edw7 rds
 was convicted of the murder of a Mex ican near Wilcox a few years ago and sentenced to the penitentiary for rfc.
 In the case of Santiago Berrvesa against the territory, from this county. the lower court was affirmed Berry esq was an interpreter in the court of
 a justice of the peace. He was charged with falsitying his account and was convicted and sentenced to a term in | the county jail.
 The appeal of Ernest Hall aga'n-t the territory, from Navajo county. was dismissed. The lower court was re- ver9ed in the case of Justin Hinds
 a%a2nst the territory, from Mohave county.
 In the case of Joseph Dent against
 the United States. from the northern district, the judgment of , the lower court was affirmed. Dent was one Of ei-hteen sJoclGnen who had b=cn ar rested for Dasturing stock on the San Francisco mountain reserve in viola | ton of the rules of the department fir the conduct or ra2e-ves. Ills was made q test case and he was convictcI at ! Prescott. He relied chiefly on the con tention that the law giving the de-art- ment authority to enact regulations l the violation of which would be a rrir1i- inal offense, was unconstitutional dele
 gation of authority. In passing upon this case the court found itself bound l by a decision of the United States court of appeals, which had held that
 such legislation was not uEconstitution-
 al
 Another very interesting matter dis
 posed of was the United States against
 Gin Hing. Q, Chinese merchant The ap-
 nellee had been arrested for being un-
 lawfully in this country. His certih-
 cate was defective in that it failed to
 show that he was Of privileged class
 distinguished from the class Of C.i-
 nese labOrer. but he was allowed t1 in-
 troduce other evidence to prove himself
 10 be what he said he was, but which
 his certificate did not show. The court yesterday held that the introduction Of
 that evidence was improper for thelaw
 requires that the certificate must ha
 the only evidence to be admitted in
 such cases.
 Tn the case of J. NJ. Ward against
 NJ. II. sherman and David Harden burg, in which judgment h7d been g.v- en the defendants by the courts of this territory and which judgment was re-
 versed by the United States supreme . court. rerrittitur was ordered dow.
 Other decisions were as follows: Charles MacRitchie vs. Helena Stevens i ct al Pinal county. affirmed: r. c. Rob ertson, probate judge and eX-offici) trustee for the North Globe T-wnsite company against Sarah Martin re reversed: F. E. Perrin vs. Mallory Commission company. Ccconino county. ] reversed: County Of Pima vs. TCc- on. ! Pima county, motion fer rehearinC de- [ nied: Allen T. Bird vs. \. IT. Noon, 1 Santa Cruz county, reversed. rem -ndef and judgment ordered for plaintiff; Silver Queen Mining company vs. Charles Crccker. Pima county. affirm ed: County of Santa Cruz vs. w. IT. | Darnes and j. II. Martin. Santa Cruz county. affirmed; Turquoise Copper Mining and Sueltlng cuniiany vs. Cop | per Belle Mining company. affirm d i The Valley Bank vs. A. O. .Brodie a"d others, MaricoDa county, writ of m n- i damus denied and ease dismissed. This was an action to compel the funding Of the so-called Tombstone warrants.
 Martin Costello vs. Emil Marks ct a', l rerna nded to the district court and judgment affirmed; j. N. Molno and Juan Maciis vs. w D. Luce and Eliza Luce, affirmed; County of Cochise and N. D. Scribna1. treasurer and ex- -otiic.o tax collector. vs. The Copper Queen ! Mining company, reversed and a new trial ordered: The Giia Bend Reservoir and Irrigation company vs. The Peoria | Canal company and others, affirmed.
 The United States vs. A. J. Griswold, | reversed. The appailce was postmaster 1