Weekly Arizona journal-miner., 1907-05-22
Jury Out Two Hours, Part OF Which
Time Taken Up In Eating, Returns
Verdict Of Acquittal On Fourth
Ballot.

tense raised the technical point that |
the defendant was jeopardized for the
same offensc before and had been nc.
quilted by jury, and asked for the
dismissal Of the indictment. This was
objected TO by the attorneys for the
Territory for the reason that the pros.
ecution, in the former case, had elected
TO 90 TO trial on the original embezzle.
mcnt charge Of si5,3i653, when the
court. at the motion Of the defense,
ruled that they should elect on what
specific count in the indictment the
ease should be given to the jury. The
jury was given an hours recess while
authorities on this particular point
were presented TO the court and the IL.
sue discussed by counsel. At the open.
ing Of the afternoon session the court
ruled tnat the defendant was not jeop.
ardized for the second time on the
same charge through the action OF the
prosecution in the former trial, in elect
ing to go before the jury on the orig
inal amount Of &i5,3l6.53. However, in
rendering his decision, the court ad'
mitted that in ease "A motion for new
trial grew out Of the present proceed
ings he would review the authorities on
this particular point at more length, ms
well NJ the entire case then before the
bar.
The entire records Of the two former
suits against Storm were admitted as
evidence Mt the trial. and the qucs'
tions asked Witnesses T.. =. Wright,
who was associated with Storm as dep
uty in the treasurer = Office during his
incumbency, NJ. Il. Hazeltinc, cashier
of the Bank of Arizona, and many
others. followed in the main those OF
the two former trials.
Storm was placed on the stand, and
admitted having, used the county =
funds in various amounts at different
i. times. but testified he had replaced nj
:, amounts used in the latter part OF DC
tober, 1904. Tom Taylor, superintend
ent of the United Verde Copper com
! pany's smelters at jerome, Alex Lyons
a merchant OF that place, Charley Hook
n or, another Copper City merchant, an
a number Of other well known citizens
testified 20 the good character OF IN
defendant previous TO the time OF IN
n robbery Of the treasury, and the ID
4. tense rested its case.
81 Attorney General Clark made IN
m opening argument for the prosecution
His address was n concise and able on
the case being presented from !"
nrosccution's standpoint. He was 10
/. lowed by Attorney r. W. o'sul'iva
who for the third time appeared peio
iuy for his client. During his a
dress he was called TO order py u
y court for indulging in personalities co
=. earning the attorney general ana ior
forming the Jury that this was the I'M
" time no had defended storm Tor
a.. same oifense. .
nv Attorney T. G. Norris closed LOT
ny ao,onse and was followed by Distr
Attorney X. Y. Morrison, wac dee'af
a'e from the stump, in the recent eamp"'
"e TIM, IL elected and any ind'e'"''
iro' were left against storm when ne
INST .umed the duties 81 district at'o''
the he would prosecute him to the f"''
ma font Of the law. A. public proSec"'
not district Attorney Morrison, who
mai associated with him in the ease
one ,orney General Clark and Assistant
the ,riet Attorney Forest, fn'h''c'
Nv" promise by making brilliant 'pp
) Us for the conviction of the Defendant
al The jury was tnen charged "n.
ons tired later returning the verdict OF
guilty.