Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1907-10-11
THE JURY DISAGREED
ALSO WITNESSES TALES
The Case Of Simon AekeI Was Produe.
tive of Some Heated Arguments.

The jury in the case of Simon Ackel,
proprietor of the Senate saloon, who
was charged with an assault on Officer
Perez, tried before Justice Kyle yester-
day, after a discussion of about two
hours. could not agree on a verdict and
was dismissed. The jury balloted sew
eral times, the first vote standing to
and the second Z to in favor Of
conviction The other ballots see
sawed back and forth between and 8
for conviction, but the jury finally de-
cided that II could not come to an
agreement. 1t is understood that the
case will be tried again in a short
time.
Assistant District Attorney Lyman
represented the territory and Attorney
Hayes and Judge Street handled the
defense. The trial waxed a little warm
towards the end, there being charge
and countercharge of perjury and sub
ornation Of perjury. The gist of the
case Is that on circus day Officer Pc
rez arrested a boy who had been
drinking and from him was ELECTED the
Information that he had procured the
booze from the Senate saloon. After
the arrest Ackel came to the sheriffs
office and told Officer Perez never to
STOW his face in his saloon.
The next time Officer Perez went to
Ackel's place, to investigate the SELL
ing of liquor to minors, Officer Davis
accompanied him, but remained out
side and, as Mr. Davis testified, he
could see all that was going on inside.
According to Officer Perez. he went
into the Senate and Ackel jumped in
front Of him, blocking the way and
grasping him by the wrist tried to
push him out of the saloon. Perez
and Davis arrested Ackel. Ackers
version of the affair was at variance
with this, he claiming on the witness
stand that il was Perez who grabbed
him by the wrist and ruthlessly and
violently attempted to drag him out of
his place of business. Officer Davis
on the stand corroborated the testi-
mony Of his fellow officer.
Ackel swore that there was consid-
cradle wrangling between him and Pc
reg, but in this his bar tender, Bernal,
disagreed. saying that there were no
words spoken. Nicholas Balsz, who
was put on the stand by both sides.
swore that Perez rode up TO a bunch
of them and offered to pay them If
they would swear that Ackel had
struck him a blow. Attorney Lyman
called particular attention to this
phase Of the evidence. noting the fact
that Perez himself did not claim that
Xckel struck him. Balsz also admitted
under cross examination that he had
bought liquor at the Senate saloon. The
defense introduced other witnesses for
the purpose of proving that Perez had
tried to get them TO falsely swear, but
each had a different recollection as to
the amount the bunch of boys We're to
be paid for their work.
The defense also introduced in evil
dence a note, with which TO throw dis
credit upon Officer Perez. The note
proved to be one given by PereZ's
brother. now deceased. to a brother
OF the proprietor of the Senate. An eff
fort was made to have Justice Kyle
act as custodian of the note, but he
said he was not interested in that ex-
hibit in a criminal prosecution.
Attorney Lyman in his arraignment
of the defendant, grew acrid and ac-
cused him of running a deadfall and
defying the law" He said this was
the more serious phase Of the case. To
this Attorney Hayes entered strenu-
GUS objection. Mr.. Lyman defined an
assault as an unlawful laying on of
hands with an intent to do injury. or
in an angry manner. that the element |
of fear Of actual injury did not enter |
into the case. He said the officer was |
in the lawful performance Of his duty |
entering the saloon, that he had a |
right to enter any public place and /
that Ackel was committing an assault /
under the law by attempting to re-
strain him from the performance OF
that duty. He had a strong convic-
ton that there was something crook
ed in the statements of the defense.
Attorney Hayes for the defense was
inclined to view the alleged assault
with amusement. He did not think it
looked consistent to claim an assault