Arizona republican., 1905-12-06
DAGGS CASE
 AffIDAvTS
Further Hearing of Motion
 for New Trial
It Was Only Brought Out Yesterday That Several Witnesses Have Been Lying.

The hearing of . motion for ney
 trial in the case of R. l.. Daggs, con victed of an assault with intent to com
 init rape on Esther Power was resum
 cd in district court yesterday morning the territory having secured counte affidavits to those offered by the de fense sought to show three things 1 That w. A. McDaniels one of the tria
 jurors was biased and that he haC
 told E. c. Rinderle before the trial tha
 he wanted to get on the jury in ordel
 that he might have a "crack" at the de fendant for busting the Tempe bank ] that the prosecuting witness was un-
 chaste and that she had testified false | ly at the trial in two particulars; IT.
 one thct she conld neither read po' write and thct she had trouble witi the defendant the night of Oct. + which led her to quit her position witt the Daggs brothers.
 The greater part of the hearing wa
 given up to the examination of Rim derle and McDaniels both of whom had
 been subpoenaed. Rinderle reiterated
 the statement made in his affidavit
 and could not be shaken in the slight
 est degree. He proved himself to b.,
 "quick under the hat" when he wa.
 submitted to various tests Of memory.
 McDaniels became somewhat confused,
 when led away on journeys of memory
 though he was fixed on one point and
 that was tkat he had had no such con- Vcrsation with Rinderle as that perSor
 had described. McDaniels said that he had known Rinderle for some time though not by his right name but by
 the name of "Curley." He said that one day before the beginning of the Daggs trial he and Rinderle left the court room together and walked down
 stairs. On the way, Rinderle asked
 McDaniels if ha were going to be on
 the jury. He replied that he was and that he said was the extent of his con-
 versation with Rinderle about the Daggs case.
 It was brought in the cross exam,n- ation of Rinderle that he had been a prize fighter in Chicago and the terri tory sought to bring out that he bad left the Windy City to avoid an order of the court to pay his divorced wife alimony. There was no answer re- quired to interrogatories on this point. Rinderle admitted that he had been n the prize fighting business but that he had abandoned it and had gone into another line of work. Rinderle retains some of the dialect of the sand lot youth who has gravitated to or been promoted to the prize ring. For in- stance, he said regarding the constitu- tion of the jury after McDaniels had got into il that when he saw de bunch he knew that Dagg5 would not get square deal.
 comparatively little time was ,devat- q Jl. chastity of the prosecutrix. There was some unprintable testimony against her and some testimony in her favor The most interesting witness in this line of testimony was Mrs w. H. Shir- ley. who had made affidavits to Mss Powers incorrect attitude of familiar ity with the husband of the affiant. In all this though Mrs. Shirley did not blame her husband who she said re sented the conduct of the prosecuting witness as much as she did. Mrs. Shirley was allowed a great deal of la titude for she proved to be an interest ing witness however immaterial her testimony might afterward turn out to be. There was a counter affidavit by MT. Shirley. who. by the way is hard working and esteemed man. He said that the unfamiliari;y of Miss Power consisted of this: One evening last August he returned from his work and lay down on a cot in front of his house. His wife sat on the cot beside him and Miss Power did likewise when Mrs. Shirley ordered her away. This Sllr- ley said took place in the presence or several witnesses whom he named.
 Some ten affidavits were read for the territory by MT. Bullard one of which was his own. It related a con- versation between him and Col. Wilson one of the attorneys for the defense n few days before the trial. MT. Bullard said that the colonel told him that no assault was to be made on the char acter of the girl for chastity, the ob- ject of the affidavit being to show that the defense had not tried before the trial to get in the testimony on which it was now asking for a new trial There was a heated colloquy between MT. Bullard and Col. Wilson, who had a different recollection of the conver- sation.
 The rest of the day was taken up with testimony regarding the ability Of the proSecutrix to read and write. A Miss Pine had made affidavit that she had received letters from the girl. Miss Boone testified that she was with the girl when the letters were received. The girl herself said that she took the only letter she had received from Miss Pine home and had her sister read it. inform her of the contents and an- swer it. A Miss O'Neill and a Mrs Savage said that they knew that Miss Power could neither read nor write for she had come to them to get them to read books and papers to her.
 The mother and sister of the prose- cutting witness swore that the girl on account of an affection of the eyes with which she had been troubled from childhood had never been able to study; that her school life was includ- ed in less than two years.
 At five o'clock in the afternoon an