Arizona republican., 1904-06-26

months, as superintendent of the schools of Phoenix. These orders were given as collateral security on a note for $500. One of the orders covered two months and each of the others one month. The first one bore the date of July l of last year and bore the names of W. H. Robinson, Emery Rays and T. E. Dalton. The other orders ap- peared to have been signed by Messrs. Rays, Robinson and R. E. Miner. It was alleged that all these signatures were forged.
 The defendant arrived about fifteen minutes before the calling of the case. He arrived a little late; he had been detained by the necessity of shaving. He accordingly looked well when he was brought in by Deputy Sheriff Dun can, he wore an air of confidence and during the examination he found many things to smile at
 A case was based upon each of the alleged forged orders. The first case known as No. 27S7 was based upon the order dated July l. 1908, covering that month and the following month. The defense moved to dismiss on the ground that the offering and the accepting of that order was nUdum pactum, that is, a naked contract; that there was no consideration; that the Crder dated July 1 could been Of no value since the salary for July had not yet been earn ed to say nothing Of the salary for the following month also covered by that order. The motion to dismiss on this ground was overruled. Then the de- fense moved to dismiss or the ground that the documents alleged to have been forged had not been described in the penal statutes relating to forgery. This motion was also dismissed and the examination proceeded.
 The first witness was W. r. Fickas. the complainant, who identified the or ders ,as the ones he had received from the defendant and he stated in reply to question by Judge Baker that but for the orders which he believed to be genuine he would not have let the de- fendant have the money.
 County School Superintendent Fulton testified that Mir. F'ickas brought five of the orders to him and he discovered that the warrants for the months cOv- cred by them had already been issued on genuine warrants which he found on file in his office
 R. E. Miner swore that his signs lures which appeared on five of the orders were fOrgeries. Lloyd B. Chris ty pronounced the signature Of T. F.. Dalton to be a forgery. Marion Rays son of Emory Rays, swore that the name of his father on all of the orders had been forged and j.. R. Kruger said that the signatures of Mir. Robinson on all the orders were fOrgeries. The wit nesses to the signatures of Messrs. Rays, Dalton and Robinson were cross examined and led to admit that what they meant was that the signatures were not made Tn the usual manner oi the signatures of Messrs. Dalton, Rays and Robinson but on redirect eXami1- ation they said positively that they were not the signatures of those gentle men.
 Only two of the eases were taken up, No. 21S7 and No. 21S6, the latter relat- ing to the order covering the salary of the defendant for the month of Jan uary. That is all there was of the eX- animation. At the conclusion of it the attorneys for the defense moved to dismiss on the ground that a case had not been made out. The motion was OVeTruled.