Weekly Arizona journal-miner., 1904-12-21

ury and had destroyed the check.
 Did not find the Storm check in the envelope on the morning oi November 9th.
 At the closing hour it was the cus- tom to open the door of the safe and wind the time lock and set it. 1 at tended to the books and to the mak- ing out of the reports at the end of each month.
 The Clark check was kept till some time in January. Checks had been carried for a number of people who were bondsmen of Mir. Storm, naming | them.
 On redirect examination by Mir. Clark witness was asked if these hold over checks were counted on the morning of November 9th and he re- piled that they were not as they were not found. The envelope in which they were placed was found but the checks were missing.
 All of the other checks received from various parties were given for taxes and were cashed eventually and the money turned into the treasury.
 MT. Clark then handed witness a check and asked him to identify it which he did as being the one he had paid in for taxes and it was listed as exhibit 16 with the case.
 Storm checks and other hold over checks were not turned over to Mr. Wood for the reason that they were never found. I left the envelope in the treasurer's office. Last saw the envelope containing Storm check in July.
 The custom of the office was to close the safe about o'clock or between 3 and o'clock. Strong box was kept open only long enough to take some thing out of it or when heavy pay ments of money were anticipated. Some days it might be opened all day, but this was seldom. Do not remem- Der of ever keeping it open on holi- days expect occasionally on Sundays probably, preparatory to making some report.
 MT. Clark made an effort to get at the custom of having the office open on legal holidays but strenuous ob- jections were made by the defense to the line of questioning.
 The custom witness stated was to wind the time lock on the evening previous to holiday. so that it would run all the next day and until the morning of the second day.
 The east wall of the vault is the west wall of the hall running through the court house. A crack is visible on the inside of the vault, but it can not be seen on the other side and 1 do not know whether it extends through or not. Witness on bting questioned described the location of the vault as to other offices in the building and also described the in terior arrangement of the vault. Wit ness here was called upon again to recite the story told by Storm of the alleged hold up, being the same as has already been published.
 Further cross examination elicited nothing new.
 On redirect examination witness stated that among the checks counted on the morning of November 9th and afterwards cashed by Treasurer Wood was one for s2OO. Bondsmen present at the time were MT. Burke, MT. Belcher and I think MT. Gardner.
 O'SulIivan for defense then cross examined witness and in reply to questions witness said, I cannot tell how long it was after November 9th that l turned over certain receipts and tax receipts to you in your office. i turned them over about : o'clock in the evening without being asked by you or anyone. The reason 1 did so was because I thought you would see Storm before 1 did. 1 asked you to give them to Mir. Storm. When 1 handed them to you told you Mir. Storm wanted them as they were his private papers. 1 do not know where these papers are at the present time. I got them on the 9th or 10th out of Mir. Storms private box, cigar box. They were in the vault but not in the safe. l put them in my pocket and changed coats and did not have them when 1 saw Storm He asked me to get these papers for him, the evening l walked home with him. The list of all the checks, certificates of deposit and etc, amounted to about $50, 900. Am positive the Storm check for S200l and other hold over checks were not