Arizona republican., 1906-09-13
NEARY'S MOTIVE IN
 SMASHING WINDOWS
Assistant District Attorneys Opinion
 is Disagreed With.


 There was considerable criticism yes terday of the action of Assistant Dis trict Attorney Bulard in moving for the discharge of James Neary in Justice Johnstones court the day before. Neary was arrested by the night police on the charge of attempting to burglar ize the RedIight saloon. He was caught in the act of breaking the win dows of the place and his intention seemd so clear to the officers that felony charge was placed against him.
 Mir. Bullard in speaking of the case yesterday, said he made the motion to discharge for the reason that he did not believe the grand jury would indict on the evidence the police had of the mans guilt, and he did not want to place the county to any further eX- pense In the matter. He said he was always anxious to convict a law break CT. but he did not believe it could be done in this case. He said that if the incident had occurred in a residence district or even on Washington street, there would have been no doubt of the mans motive, but it happened in a part oi town where more or less rough
 ness is expected and the man accused had been drinking all evening, claimed
 to be drunk when arrested and the story. MT. Bullard believed. would be
 plausible one before a jury. He said
 the proper thing for the police to have done in such a case, would have been
 to watch the man until he had entered
 the place and got the money then ar
 rest him in the act. Under the cir
 cumstances he did not believe the mo
 tive of burglary could be established.
 But the other side of the story sounds differently. The barkeeper in the Red
 light says Neary had been around there for an hour before the place was closed
 up and during that time had bought one drink and had taken one drink at another mans expense. Just before closing he asked Weary to take a drink and the latter refused. The barkeeper then took the money out of the drawer and placed it in a sack which he laid under the bar This was in the pres ence oi Neary and the barkeeper be- lieves was an incident which suggested burglary to Neary's mind.
 Neary withdrew and the saloon was closed. Not a great while afterward
 the police caught him with a rock in his hand breaking the window He had first broken the glass in the lower sash. apparently for the purpose of trying to reach the window catch, but he was un-
 successful When he was caught he had just broken a glass in the upper sash and through the hole he could easily have reached the window catch ] had he not been interfered with
 When the officers arrested Neary he was not drunk. in their opinion though i he immediately began to affect intoxi- cation. said he was drunk and was only ] trying to wake somebody up so he could get a drink. He must have i known that the barkeeper was gone for
 he was there while the place was being l closed up and if he did not know it | might be inside it can hardly be sup | posed that he would smash the win 1 dows to do it.
 1 Ii is the opinion of MT. Bullard's
 critics that under circumstances so sug- 1 gestive of motive he could not have done less than refer the matter to the 1 grand jury and give it chance to in | dict. So far as the law is concerned | burglary is not countenanced in one i part of town more than another, a fact 1 MT. Bullard will, of course. admit and | while the Redlight is in a locality ire ! quently haunted by pad characters
 It is nevertheless entitled to protection \ against thieves when guilt can be es. tablished. The police construe it to be
 their duty to prevent crime rather thar to sit around and wait for it to be com
 mitted and in this case they contend
 that Weary went just far enough tc
 satisfy them he was a man whose mo
 tive was to get possession of the Red. \ light bank roll.