Arizona republican., 1906-05-16
PERSONAL ENCOUNTER
 AT A DIVISION CAFE
A Meeting in Which a PitchfOrk in
 Some Way Figured.

Judge Burnett yesterday had before him a misdemeanor case which by her. culean effort he prevented from .rsn- ming into civil proceeding.
 It was an assault and battery case. growing out of a quarrel over water. The complainant was J. L. Maddox, a farmer living west of the city and a neighbor, J. H. Ivy. The warrant for the arrest of Ivy was sworn out the night before by Maddox, who arrived in town with blood in his nair and an ger burning in his eye
 When the case came up for trial yesterday there was only the testimery of Maddox and his little son who was forty rods away at the time of the alleged assault, on one side and tbaa of Ivy on the other. The testimony of the boy related to such a :ragmeItary part of the whole transaction that it might have been corrobora i've of the story of either of the others
 Maddox said the thing took place at a diversion gate with which Ivy had been interfering. While MaCdox was restoring the status quo a. the gate, Ivy came up and asked him what he was doing. When Me 1doN explain ed what was engaging his attention. he said that Ivy approached and struck him on the side Of the head. Maddox was holding a pitchfOrk. one end of which was resting on the ground. The force of the blow knocked tn fork cut of his hand, and Ivy. seized ,t and te- gan belaboring him on ILa head and shoulders.
 Maddox made his escape and coming to town. made complaint. AIaddox's little son said that at the beginning of the trouble he was catching a team of horses. but he looked around .n time to see his father dodge pr give w2y under the blow of Ivy and then re saw the latter seize the fork and strike him twice with it.
 Ivy said that the quarrel both in word and action was begun by M5 d. dox. He said he approached t-le di- vision gate as Maddox had described. and spoke to Maddox who replied sruffIly. After a little further conver- sation Maddox made a rush at him with the fork. with the idea of impai- ing nim. Ivy said he disarmeG Mad dox, who then went for his knife Then Ivy said that he struck him on the shoulder to jar the weapon out of his hand. He also gave him another jolt while he was at it.
 Regarding the testimony of the little boy, he said that if the court was go- ing to accept forty-rod witnesses. he had one who was material, Tom Levy, who at that moment passed the door. MT. Ivy said he could prove by Levy that Maddox had made a rush at nim with the pitch fork. A man was sent to call Levy in. but by that time he had passed out of Wall street and word was brought that he mad gone to the nearest bakery, and would return shortly. The court waited for few minutes and then sent his bailiff to expedite his movements. A little later, word was brought in that Levy was on his way nome. The court said that the only thing to be done to MT. Levy was to send an officer after him. Mir Ivy thought that wasN hardly necessary since he could tell the court all that MT. Levy would swear to if he we, present.
 Tne evidence by proxy was not ad- missable, but the court held that with what was before him he could not say that the defendant was guilty and he therefor dismissed the case.
 Tnereupon both parties wanted the