Arizona republican., 1905-01-03
HARCOURT CASE
HabedS Corpus Proceedings
 Before Judge Kent
REDUCTION OF BAIL BOND
That Is Perhaps as Much as Was Sought to Be Attained-The Defsnd- ant Confident of AcquittaI When He Gets Before Jnry.

Chief Justice Kent yesterday reduc- ed the bail of J. F. Harcourt from SSOO0 to S30O0. This is the outcome of the habeas corpus proceedings instf- tuted last week by Attorney John F. Wright, counsel for Harcourt The writ was dismissed but that is pe-haps what the apDlicant expected The bail was reduced and that is probably an ,---- t.-e giic-lnt was aiming at
 It win be remembered that TIars court was arrested in Los Angeles a couple of months agO on a charge af sWIndling Albert Steinfeld of Tucsos. out of $l2,5oO by means of a lot of jewels which he is said tO have rer.re- sented to be worth 0,0O0.
 Harcourt came in from Tucson 1cs- terday accompanied by his attornes. and Nabor Paeheco. the new sheriff af Pima county. On the same train sxas Attorney Walker of Tucson who has come presumably in the interest ar Steinfeid to oppose the writ Atto-us, General kibbey acted at the heariH-F for the territory.
 The application was based on nr- principal grounds though onIy two of them were taken under consideration The first was that the commitmena was defective and the other that tis= ball was excessive and uncoustiturios,- al u was alleged in the applicatisrs that the commitment issued by Justice Richey of Tucson before whom HuF- court was examined merely. held hls, to the grand jury for a felony ana aas not specify the nature Of the erisss with which the defendant was charEca as the statutes require. The afissear to the application offered yesteraar contained q copy of the commitment t.a which objection had been maGa aaE another commitment dated last Sat- Urday- In the latter commitment reF- erence was made to the prelimiRarS hearing and based on that hearing uas the new commitment free of the deseea of which complaint had been maae. This last commitment was ordered long after the beginning of the habeas corpus proceedings. Even in makiss this correction the committing magis- trate made another error. The hearing ct which HarcourJ was held took place on Dec. 23- The amended commitment described the date as Dec 22.
 It was cOnJended by BIr. Wright that the justice was without power to make the second order The case had pass ed entirely out of his hands. A copy of his docket as well as all the paners
  trict court Judge Kibbey believed that the justice had not yet lost Iuris- diction and that he could cure any ds.- feet that might be found in the papers. This point was argued at length anu the court finally sustained the view of MT. Wright and ordered Harcour- discharged from the original commit ment.
 But the court said that he would proceed to examine him on the evil dence which had been taken before the justice at Tucson. He had already gone over t. Some time was consum- ed in a discussion of the evidence. The defendant. MT. Wright said. was charged with obtaining money by false pretenses. The testimony show ed that he had made certain repre- sentations as to the value of the dia- monds and that he told Steinfeld that he paid S24.0GO for them and that they were worth $sO.O00. MT. Wright said and quoted from several authorities 10 show that an exaggeration or eSalta- tion of the value of property in a case of this kind is not a false representa- ton but that it is an expression oE opinion. There could be no proof of the intent of Harcourt to commit a swindle and it could not be shown thaI he did not believe that the diamonds were worth as much as he said they were. There had been no proof that he had not paid S24,OOO. MT. Wright said that at the preliminary hearing Steinfeld had testified that Harc0urt had asked him to bring an expert To the Santa Rita hotel to examine the jewels consisting of diamonds. rubieS pearls and other precious stones. That said Mir. Wright was proof of liar courts honesty of purpose
 Judge Kibbey went over other DOT tions of the testimony particularly that of John A. Black. an expert wiz ness. He had qualified as an expert in diamonds but had disqualified him self as an expert in cOIored stones There was one article among the jewels which had been represented to be worth alone. several thousand dol- lars. That was a pearl necklace Mr. Black had pronounced the pearls to be limitations. The diamonds were dia- nonds but of a low grade.
 When the testimony regarding the questions of false representation and intent had been gone over the chief justice said he believed that there was sufficient evidence of intent to warrant he holding of Harcourt- But this was
 Continued on Page I.