The copper era., 1904-04-28
District Court Set Aside the Indictment Returned by Grand Jury Against
 Eugene CarutheFs.
From the Guardian.

From The Guardian.
 The furry Of excitement caused b.
 the indictment Of the chairman Of tn
 board Of Supervisors has come ant
 gone, aod while it has left a feeling O
 great disappoin tment in the breasts O
 few, it caused the mass ol people tt ! rejoice The indictment was set asid,
 on the ground of prejudice on thi
 part of grand jurymen who found tho bill. In rendering his decision the court stated that the matter could bt considered i.E the next grand jury. eress fst was manifested in the e-ss- 1e Ss long b. tle .a> payers and also the tax dodgers. The court house was well filled by interested partie: from all parts Of the county. The prosecution was represented by the district attorney and Col. Herring, who had been employed to assist by Mr. O'Bryan and his associates. The defense was conducted by Edwards X Mcfarland. MoOrman X Stratton and Judge Campbell. It seemed that the prosecution was unable to employ a single Graham county attorney to con- duct their case, although d number were offered gool fee, number of them afterward volunteering their services to Mr. Caruthers.
 On Saturday night the defense filed the atfidavits that follow. The case was taken up Monday morning and was not disposed Ol until o'clock.
 AFFIDAVIT OF JOHN D. PARKS.
 I think t was on Friday evening, April l7t, 1904, previous to the meet ing of the grand jury the following Monday, that Charles L. Rawlin;, our district attorney, telephOned from Solomonville, to me at Clifton, to sum- mon II. B. Rice of Morenci, on the grand jury. 1 did not want to do this as l told him that Mr. Rice was not drawn on the regular venire, and l told him taat if he would see the court and fix it so that the resDOnsi- bility would not be on the sherit's office, I would serve Mr. Rice. He said "that is all right, I have it al ready fixed" l had some blank sum- mons ard issued one to Gus Hobbs to serve on Mr. Rice.
 On Saturday morning the district attorney again telephoned me and told me to summons C. E. Mills and Charles Piukney. I did this. I had l summon foe M". Pinkney and asked by telephone if he would accept scrv- ice; he replied that he would.
 1 1elephoned to Morenci 10 Gus Hobbs that Mr. Rawlius authorized me to summon Mr. Mills on the grand jury; that il was too late to take the summons to Morenci, and to see if Mr. Mills wouId accept the service by Gus Hobbs replied, that Mr. Mills would not accept service by telephone that be was too busy to come.
 These were the only persons whom Mr.. R1wlins told me to summons on he grand jury. H. B. Rice and
  Charles Pinknev, so summoned. served on the grand jury, at the present term lf the court. Mr. Pinkney is book leeper for the Shannon Co.,, and Nr l Rice is assistant manager of the D. C. 1 70. store at Morenci.
 AFFIDAVIT OF WILEY F. JONES.
 l had a conversation with w. B. ] Fonda in the office of J. NJ. NcCollum, l between the 10th of Febru- ! ny, and the l5th of March. 1901; in . lur conversation he manifested a very | ,trong feeling and prejudice against ! Eugene Caruthers, defendant in this ] ,ause, now under indictment in this | 'ourt; he denounced said Caruthers | generally. in mentioning the poor arm transaction, said that Caruthers 1. vas guilty and ought to be indicted.
 This is the same w. E. Fonda who | lcted as a member of the grand jury ! It the present term of this court, and ! participated in the finding of the in- iictment against Eugene Caruthers. | charging him with felony for his act ! n reference to the poor farm matter hen being discussed by Mir. Fonda and | myself.
 AFFIDAVIT OF W. T. JOHNSON.
 ] had a conversation with said w. 3. Fonda at the Commercial Hotel in Safford some time during the latter part Of February or the first days of March, l904, in which conversation lr. Fonda exhibited a great deal Of bitterness and eumitv toward Eugene Caruthes defendant in this cause. and tated in said conversation that Eugene Iaruthers was guilty and ought to be indicted for selling a certain piece of and to the county for a poor farm. he offense for which he is indicted: nat said w F. Fonda was a member f the grand jury that found and pre- ented said indictment, and partici- 'ated as member Of said grand jury n hearing the evidence before the rand jury and acted with said grand u-v in hearing said evidence and in ndiug said indictment; that know O my personal knowledge that the aid w. B. Fonda is personal enemy f defendant and has been for some |, ma mast and was a narSopa1 aro,,, ot i