Arizona republican., 1904-10-23

that he had received a letter from his brother in which he put the money in their hands to be spent for the benefit of R. L. McDonnoId as might seem best to them.
 MT. Bennett also showed the jury one thing which had been brought out in the evidence, but to which no particu- lar attention had been given yet. It was that the attorneys for McDonnoId had received aside from the mon ey sent here by his brother, about S233. They had paid out on his account about $S3 more than that. They would therefore lose this sum to say nothing of being deprived of any fee for their services. MT. Bennett concluded his argument by warning the jury against the skill and eloquence of District At torney Baker, who would have the closing word.
 Mir. Bennett was followed by Col. Millay for the defense. He spoke of the stain which the prosecution would leave on the reputation of Messrs Woodward and Thomas in the event of a verdict of guilty. They both, he as serted, acted honestly in their defense of McDOnnOld. They had reasonably believed that they might dispose of this money as they had done. The fee which they claimed was reasonable one Col. Millay warned the jury against misplaced sympthy for H. w. Me DonnOld and asked them in case they felt sympathetic to think of the cred itors of R. L. McDonnold who had been defrauded by him.
 The arguments were closed by Judge Baker, who sought to dissipate the the ory that the defendant could have be- lleved from any information gathered | from R. L. McDonnoId that he had been empowered to expend the money in any other way than that prescribed in the letter of transmissal. Judge Baker presented to the jury the letter which Judge Mccormick had written to H. W. McDonnold in which it was l conveyed not only at that time that the | attorneys understood the character of the trust fund. but that they were con- templating offering a plea of insanity | in behalf of R. L. McDonnold. Gould | the defendant" asked Judge Baker
 have been justified in believing from ! anything an insane man told him that he had a right to make the use of the fund he had made?''
 | The case was submitted to the jury ! about four o'clock and so sure were | those who had heard the trial that any l verdict would be reached with great difficulty, that the crowded court room | emptied itself. There was therefore a l ripple of surprise in the corridors a few minutes later when it was learned
 that the jury had already agreed.
 As soon as the verdict was announc-
 ed the defendant was ordered into the | custody Of the sheriff and to be held | for his appearance next Tuesday morn
 ing for sentence when a motion for a l new trial will be made. It is possible ] that if will ha T,raoaEe1 t,,- ~ ,---Asz.- set aside the verdict. In the event
 of denial of both motions, notice of l appeal will be given. In the meantime
 in the present stage of the proceedings
 the defendant can not be admitted to
 ball..
 Mr. Thomas was seen last night by a reporter for The Republican in the wo- 1 mems cell at the county jail. He did 1 nOs appear to be cast down and ex- pressed himself as absolutely sure of l his ultimate triumph. He said his con- l hdence in the rectitude of his posi-
 ton had not been shaken by the yer
 dict, however unexpected it might have l been. He said that he did not see how
 such a verdict could have been return
 ed under the instructions and moreover
 he did not see how it' could be per
 mitted to stand.
 He went over at length his relations l with the McDonnolds. He said that it
 was difficult on account of their com l plexity to explain the relations between
 an attorney and his client but it was
 not difficult to show to a man of un-
 biased mind that his intent and his
 actions had been correct.
 He said that this was the first time 1 that he had ever had any trouble with a client. In this case he said that he
 would rather have surrendered his fee
 than to have got into the trouble. He
 wouldi have done so and would even have lost the nearly S1O0 which he had l.advanced on account of McDonnoId if
 he had been left in a position to do so
 He said that after the receipt of notice | by Captain Alexander that unless tbe full amount of the money received from l H. w. McDonnoId, S1, ,O52. 50. were re-
 turned, criminal proceedings would be | begun against him. After that. said Mr. Thomas, there was no time when | he would have entered into a comDro- l mise.
 l There was one thing that MT. Thom- as desired particularly to say and that was that he alone was responsible for 1 the position which had been taken bv
 the firm of Woodward & Thomas in the McDonnold matter. Whatever Judge Woodward had done was under l the direction of himself and in his absence. He said that there had been no blame. but that were there any none Of 1t could attach to Judge Woodward.
 In conclusion MT. Thomas said that the case would be fought to the end and he was confident that he would win and be vindicated.
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