Arizona republican., 1904-01-20
AN UNUSUAL CASE
A Criminal Matter in Which the Ter
 ritory Is the Appellant.

A somewhat unusual case was argued in supreme court yesterday. It was the matter of the Territory of Arizona appellant against R. R. Richardson and James Johnson appellee from Santa Cruz county. It is a. criminal proceeding in which the territory takes an appeal from ruling of the court below. It was contended by Frank Hereford, who appeared for the appel lees that the supreme court could not reverse the judgment of the lower court if such reversal would be to the detriment of his clients. That view was admitted by the attorneys for the appellant but what they wanted was to get an expression by the court re- garding the justice of the territory's side and also get a denitfiion by the highest court of the territory of the expressions Public reads" and private roads.
 This was a dispute growing out of a long cherished i'll feeling between R. R. Richardson, prominent mining and and cattleman of Santa Cruz county and Frank Powers the owner of the famous Worlds Fair mine near Harshaw.
 There was road leading from a road between Harshaw and Washing ton camp to the Worlds Fair mine which has been constructed by Mr. Powers. Richardson owned a mine farther on and he could not reach it without great inconvenience by any other route than the road which had been built by Powers. Richardson was forbidden the use of the road and com pelled to climb over a high mountain to his mine.
 He subsequently discovered miner al ledge on the Powers road below the Worlds Fair mine and he located it. In the course of his mining operations there he dug up the road so as to make it impossible.
 Powers procured his indictment un- der the territorial law giving a service punishment for the destruction of or interference with public roads and bridges. It was not contended by the territory that this was a public road at that time though Powers has since applied to the board of supervisors to have it declared to be one It was the theory of the territory though that any road extensively traveled. espec- ially by reason of conditions existing in this part of the country is d public road.
 It was not stated in the indictment to whom the road belonged and that oversight was one of the grounds on which a demurrer was based. The demurrer was sustained and an ap- peal was taken to the supreme court.
 The case of P. C. Robertson, probate judge and ex-officiC trustee of the North Globe townsite appellant vs. Sarah Martin appellee, was argued for the appellant by the appellant himself and for the appellee by Judge Ed wards.
 The contested election case of C. w. Johnstone/ against J. H. Robertson was submitted on briefs. This case had been set for argument today. Judge Ainsworth, the attorney fer the ap- pellant, however, was obliged to leave for the east yesterday and the other side. not insisting upon an argument, the case was allowed to go in on briefs.
 The case of the territory against Josiah Anderson was further argued yesterday by George Purdy Bullard fer the attorney general. The argu- ment was concluded by Judge Street for the appellant.
 James M. Sullivan was admitted to practice on certificate from the state of New York.