Weekly Arizona journal-miner., 1905-12-13

ploy. He also received a letter, the handwriting of which was that of Sias, which contained three checks, the total amount of which was in the neighbor- hood of $110, two of the same being for the amount of $50, which was re- ceived by Sias in payment of licenses due the office, and one check for $10, which was from Dr. Vickers of Phoe- nix, which represented a personal loan. He met Sias after he was brought back from Texas, and the latter asked hlm to help him out. He stated to Sias that he couldn't help him out, that the matter had gone too far, and Sias re- piled: "Yes, you can help me out: have a friend in Texas that will help me out to the extent of $500 or $6OO," and that he would give that amount to him then. Sias then asked him what the amount in dispute was, and he answered by saying that he did not know, but that defendant ought to know. Sias then said he did not know the exact amount, but to the best of his recollection, when he figured it up while leaving here on the train it was from $500 to $1 500.
 On cross-examination he admitted that possibly before he left on the trip east that he might have had con- versation with MT. Sias informing him that he again intended to be a candi- date; that he left Sias in charge of the affairs of the office, and instructed him to take care of it, as it should be talk en care of, but did not authorize him to use money at any time in advancing his candidacy for sheriff. When asked if he recalled taking $1sO out of the safe on May 3, 1904, he stated that he did not remember, and did not remem- Der taking other sums during the same month. He never remembered taking money out of the safe to pay any debts that he owed around town.
 B. F. Peters, cashier of the Bank of Arizona, on the stand identified the deposit book of the bank, which be- longed to the sheriff's office, and testi- fled that the figures ss31.61 were eras- ed by the bank bookkeeper. He remem- bered that Sias made most of the de- posits and also that Roberts made some. Other witnesses were called to the stand and testified to having paid small amounts to Sias, for which no en- tries were found on the books kept by him in the sheriff $ office.
 Bob Young, foreman of the o. K. meat market, which is owned by Rob- erts, testified that Sias told him on the morning that he left this city "that he would kill the first s-- b. that would try to expert the sheriff's office books.'' He said this in the butcher shop about o'clock of the morning that he left.
 The sensational feature of the trial was reached when Sias took the wit ness stand in his own defense. He stat ed in part that he was under sheriff from July, 1903, to August, 1904; that his duties were to take care of the busi- ness affairs of the office, and that Rob- erts was absent nearly all of the time. Shortly after he commenced to work, Roberts went to California, where he remained about three weeks, after a man named Arnold; that on his return he continued to Salt Lake City; that he returned after an absence of about six weeks and only stayed one day at home, when he left for Old Mexico on official business. After an absence of one month in Mexico he returned sick and stayed around here some. In Jan uary, 1904, he left for Hot Springs, Arkansas, and that before Roberts left he had d conversation with him in the inner office. During this conversation Roberts stated that he would be gone for two months, and that he wanted 1t distinctly understood that he wanted to be nominated for sheriff again, and or dered witness to take care of any little things that came up in his absence, and to spend some money whenever neces- sary in taking care of official or per sonal business for him. He came back from Hot Springs some time in March. The money of the sheriff s office was kept in the safe in the office, and both Roberts and witness had keys to it. At times there was as much as $1 900 in cash in it. He further testified that Roberts was ir the habit of going to the safe and taking money out of it at times, and that sometimes he would leave slips in the drawer, and some times he would not During May, 1904, Roberts was in and out of Prescott a good deal, and about May 10. witness declared that he missed $200 out of