Bisbee daily review., 1906-10-21

that the matter rested practically with Mrs. Sauvage, and we would be gov erned largely by her wishes in the matter, and that I could give him no definite answer until we heard from her. as well as you. Please go over this situation carefully with Mrs. Sau- wage, and let Hs hear from you be re- turn mail.
 There are many considerations why this case should be postponed, and some why we should go to trial right away. To argue for tt8 postpone ment; there is the lassitude of public sentiment and lapse of prejudice which invariably accompanies the de- lays incident to trials postponed. There is also usually a CONSIDER ABLE REIAAPSE OF SENTIMENT ON THE PART or ADVERSE WIT MISSES, and their testimony Is apt to, be more cloudy at a time far re- moved than immediately af-sr the oc- currence. or while they are fresh in mind. h addition to this, in . shift ing community like this is, there is almoxt invaEtAbly a number of wit nesnes coming and going. AND Al NUMBEH or WITNESSES FOR THE PROSECUTION MAY HAVE or not be located in time for this trial. This latter sue- gestion, however. applies with equal force to our own witnesses. AL THOUGH KNOW OF NO MATER WHOM WE ARE ABOUT TO LOSE. by a contipuance until next fall.
 One other consideration which may possibly influence you and Mrs. Sau- wage is her anxiety to have the mat ter ended. but so far as this is con- cerned, as long as she is in health and not worrying too seriously believe it can be overcome and should be en- dured in the interests of the case. At this end of the line we feel no serious anxiety as to the outcome if it Is tried this spring. but at the same time we realize that we are gaining some advantage by postponing the case un- til fall.
 We do not assume to dictate in the matter. but leave it with Mrs. Sau- wage. and trust that you will counsel her carefully about this matter Of 
 It must be understood that Flanni- gan has not made a positive promise to postpone. nor asked for a stipula- ton of postponement excepting a conditional one in the event that Tom Flannigan Is unable to attend the case. We are rather afraid to refuse this outright, FOR FEAR THE BOARD OF SUPERVISORS MAY HIRE SOME ONE WHO WILL HAVE MORE WEIGHT. THAN THE PRES ENT DISTRICT ATTORNEY. and We feel less fear of going to trial with him for the prosecution than we would IF THE COUNTY BOARD SHOULD EMPLOY SPECIAL COUN- BEL ANE POSSIBLY GET SOME ONE WHO WOULD BE HARDER TO CIRCUMvENT THAN THE PRESENT INCUMBENT.
 We will send a copy Of this letter to Mrs. Sauvage direct, so that she will go up to your office immediately, and let us know just as soon as you possibly can what your ideas are about this continuance.
 Yours very truly.
 THOS. D. BENNETT.
 The history of the p-osecG-.on of he Salvage case has been a farce from beginning to end. The killing occurred in August. 1905. The nexs term of court in this county was in October. The defense came forward with a string of affidavits that the defendant could not secure a fair and impartial trial in this county ana without opposition On the part of he prosecution. and with out any en- feavor to secure a fair and impartial lury in this county, the case was trans 'erred to Santa Cruz county. It should have besn tried in April of this year and the reason why it was not tried Is set forth in the letter Of the attor- ney for the defense to his friend in Tucson. The fauls Of the postpone ment is laid directly a: the door of the prosecution and the end has been what was expected-a heavy expense