Bisbee daily review., 1906-07-17
GOAL STEALING CASE TRIED
 YESTERDAY
Naco Is DepopuIated for the Time Being, and Prominent Citizens Here as Defendants or Witnesses.

The town of Naco must have been depopulated yesterday. judging from the number of citizens of that town who journeyeG to Bisbee as witnesses il the cases of the Territory vs. Ed CGrlin and the Territory vs. Hart. The preliminary hearing in these cases was commenced yesterday in Judge McDon- aids court. but on account of the large number of witnesses supoenaed by both sides, all of the testimony was not submitted. but will probably b econcluded today.
 On the thirteenth of June, Emory P. Wells. a deputy sheriff, Martin Hart. Ed. Carlin, G. c. Berry and T. w. Greene, all of Naeo were arrested on warrants sworn out before Judge Mo Donald of this city. Hart was charged with a felony, the specific allegation being that he had acted as fence" to receive eight tons of coal stolen from the F. P. & S. W. R R. Cariin was charged with being an accomplice in the crime. and ELS, Berry and Greene were charged with misde. meanors, for having knowingly bought
 
 to bail pending the preliminary exami- nation. and Hart and Carlin elected to be tried together.
 The justice excluded all of the wit nesses from the courtroom during the taking of testimony. The Territory was represented by Assistant District Attorney Flannigan and MT. E. E. Eilinwood as special prosecutor. and the defendants by Neale & Ross.
 The first witness put on the stand for the Territory was Special Officer Taylor of the E. P. & S. w. system. Mir. Taylor testified that he had been from the cars at Naco. and that he went there to look into the matter. He then said that after being there a few days he traced carr from the railroad tracks to Mr. Hart's house. On ,cross-examination MT. Neale asked the witness if he knew, of his own knowledge what was in the cart, and the witness answered that he did not.
 The next witness for the Territory vas F. W. Brawder. and he was fol- lowed by several witnesses who tesii- fled that at various hours during diff ferent nights they heard a cart passing along the street. The next witness for the Territory was George O. Craw- ley.
 CrawIey testified that he and Car lin had several conversations in regard 10 stealing coal. He said that one night Carlin had offered him a part nership in the transaction if he would help him steal the coal and deliver it.. CTawlev said that he refused but saw Csrlin load his cart at the cars, and that he saw him take the cart tc Iart's house where he helped Carlin to unload the coal, and put it in a cCaI shed On cross-examination Mir Neale brought cut the fact that Craw- ley had been a self-confessed thief, and had served his term. Crawley also admitted that he is at the present tim ein the employ of the railroad as detective. At this time the court de clared a recess in order to give several of the prosecutions witnesses time to get here from Naco.
 At four-thirty the hearing was re- stunned, but as the other witnesses had not arrived the prosecution rested. Mir. Neale then made motion to dis miss the case against Hart as it had rot been shown that he was in any way connected with the transaction. The motion was denied.
 The defense then put Hart on the witness stand as a witness in behalf of Carlin. He was asked if he had ever been present at any conversation between Carlin and Crawley when they discussed the matter of stealing coal, as Crawley testified he had-the wit ness answered that he had not. The next witness for the defense was G. c. Berry. who testified that he had sold coal to Hart on a couple of different occasions. He also test fled that he had bought some coal froDl Hart, when the latter moved. and said that he thought 1t was some of the sane coal he had sold to Hart month or two prior.
 At this time it was evident that the case would not be concluded last night SC the court adjourned the hearing until this morning at 10 o'clock.