Arizona republican., 1905-11-22
HISTORY OF A WEEK
Continued from Page 3.


 and asked her: Esther did you lie to me?" Esther assured her that she had spoken the truth and after the sisters had embraced each other awhile, the defendant said that they came back at him again. They pointed out to him the serious nature of his crime and the penalties which would be visited on him if it were found out. Esther told him that her brother would come and kill him; that his old mother would be disgraced; that everybody would believe her and that nobody would believe him; that the people would rise and wreck his office and burn him at the stake and that he would be sent to the penitentiary for life.
 The defendant said he kept inquir- ing whither all this was tending After awhile things took a commercial turn by Esther declaring that she would have a settlement It was sometime before any basis could be suggested but at length $75 was named. It was finally agreed that there should be de- ducted from this sum the amounts which the complaining witness had re- ceived from the defendant $35 and that $25 more was to be paid on the follow ing Saturday and that it was to be in consideration of certain hugging and kissing of the complaining witness by the defendant. It also set forth that the defendant had not committed a criminal assault upon the complaining witness. It was signed by her and all so by her sister who further stated that she believed the renunciation by her sister of the story of the crime which she had charged against the de- Q Hofa ter the Power sisters had gone away he went down stairs and meeting At torney Sharp showed him the docu- ment This part of the evidence was intended to controvert the story of the complaining witness and her sister that the document was not signed by them until the following Saturday. The rest of the testimony of the defendant covered the period between then and the following Tuesday night when the Power sisters were thrown out of the offices of the defendant by him and his brother.
 The defendant was succeeded by his brother A. J. Daggs who corroborated him as to the events of the evening of October 25 when the throwing out took place. The Power sisters were recall ed by the territory to rebut the testi-
 
 signing of the receipt. Esther Power said that she had gone to the office of the defendant to collect the balance of her wages, $2; that he prepared document which he said was a voucher that as he was doing business for other people he had to keep an account of all the money he paid out and must have vouchers to show where the mon- ey went. She and her sister said that the paper was folded so that they did not see the contents of it and that both of them signed it believing that they were following a regular business cus- tom. Esther Power added that she did not get the g after all.
 The testimony of the forenoon made one of two things pretty clear-that there are liars on one side or the other of this case or color blindness in Phoe- nix. One of the exhibits in the case is tattered blue dress and waist which the prosecuting witness wore had been reduced to its frayed condition during the struggle in room No. '. May Pritchard, the stenographer, swore that Miss Power that day wore a pink dress Earl Chappelle, one of the witnesses for the defense also said that he had called on Miss Power during the day and that she had on a pink dress. This statement of the color was corroborat- ed by Charles G. Bowers, who said he arrived at the offices of the Daggs brothers as Miss Power was leaving that night. N. E. Valentine, the color ed janitor of the rooms of the defend- ant also testified that the color scheme of Miss Powers garments that day was pink. The defndant also swore that the dress was pink.
 In the cross examination of these witnesses, other than the defendant the territory made the point that the re- velation of the events of Oct IT had not been made for week and the wit nesses were asked how they could re- member what the complaining wit ness wore on a day when there was nothing to attract their attention to her at that time. They were unable to say nor could Miss Pritchard tell what kind of hat Miss Power wore at that time or whether she had q coat on or not. During the examination of Valentine while he was trying to explain how his attention had been fixed on various incidents that took place about the time of the alleged assault, he indulg- ed in the expression, 'T says to my self,' when Assistant District Attorney Bullard out of force of habit moved to | strike out what the witness had said | to himself, probably on the ground | that it was hearsay testimony. One of the last witnesses of the day | was Earl Porter put on by the defense | Though his evidence was contradictory of the defendant and his brother on | one important point it corroborated 1t on another. The witness was one of | the persons who were near the foot of the stairway when the Power sisters were evicted He said that the elder of the sisters lay on the stairstep where she had fallen and that when she got up and started away A. J. Daggs from the second story window cursed. Then Esther Power shook her fist at the window and said that they would get even.
 The case has been bitterly fought at every step. There are even two plans of the second story of the Monihon block on exhibition. One of them was 1ry |