Arizona republican., 1908-12-03
THE DAMAGE SUIT
 OF JUDGE AINSW0RTH
THE TRIAL OF THE CASE AGAINST
 CONSTABLE PHELPS OF MESA
The Jury Though Aided Somewhat By Instruction Was Tied Up Late Last Night.
Night.

! The much talked of damage suit of Judge C. F. Ainsworth against Con-
 stable M. c. Phelps of Mesa precincts
 and his bondsmen for S2,OO0 for the alleged false arrest and detention of
 the plaintiff on the charge of running
 an automobile through one of the city
 ordinances of Mesa City was tried in district court yesterday. At a late
 hour last night the jury had not agreed upon a verdict. It was so late that if
 one had been found, it's contents could
 not have been made known before nine
 o'clock this morning.
 l The case which consumed the entire
 day had its origin on July 22 of this year when complaint was made that the
 plaintiff had shattered the city ordi-
 nance of Mesa against fast driving. It
 was complained that the judge went
 through the town so fast in a Tourist
 Automobile that the exact speed which | he had attained was not measurable | by the naked eye. but that it was much faster than the ordinance allowed. Va
 rious efforts were made to head him
 off on his way to Phoenix but he kept
 ahead of the telephone messages until
 he reached Tempe and he had gone from there before it was definitely known why he was wanted at Mesa. A warrant for his arrest was issued by Justice Guthrie of Mesa precinct and on the following day Constable Phelps came to Phoenix to serve it. He did so and insisted on taking Judge Ainsworth back to Mesa with him. The judge quickly discovered a loop hole in the warrant and he sued out a writ of habeas corpus before Justice Doan who happened to be in the city and on that writ the judge was discharged.
 Five days later the constable return ed with another warrant in which it had been designed to cure the former defects. Court Commissioner John stone issued another writ on the appli- cation of Judge Ainsworth and the matter was sent to Judge Campbell of Tucson. The constable left that night with the judge and at a hearing the next morning the judge was again dis charged on the ground that the war rant and the complaint were defective.
 Then followed, the damage suit against the constable and his bondsmen for $2,00O. The citizens of Mesa hoped that one of the results of the action would be a test of the ordinance as to whose validity some doubt had been raised. It was figured that if it would hold Judge Ainsworth it would hold anybody.
 The judge went on the stand yester- day morning in support of his com plaint that by the wrongful acts of the defendant he had suffered a great men tai anguish and humiliation, to say nothing of having been separated from his business. The judge was examined by his counsel, Judge Stilwell, who was assisted in the prosecution by l. J. Lipsohn The witness described the proceedings of July 23 and July 2S and the rigors of the journey to Tucson in midsummer; his going to bed at two o'clock in the morning. only to be call ed at six o'clock by the sleepless con stable who was anxious to have the hearing over and get back to the Salt River valley.
 The defects of the warrant were pointed out and that was about all the prosecution had to offer. The defense met with great difficulty in presenting anything. Clerk A. A Jones of Mesa City was put on the stand to testify regarding the passage of the ordinance. Before he could get started Judge Aims worth questioned whether Mesa City had ever been incorporated and was en- titled to have ordinances. That had to be proved. The county recorder was summoned but he had no official knowledge of the incorporation. The clerk of the board of supervisors brought in a ponderous volume from which it appeared that it 1897 the town had been incorporated. This informa- ton went in over the objection of Judge Ainsworth.
 There had been an earlier objection by the prosecution to any evidence at all relating to the ordinance or to any of the facts concerning the existence on the map of Mesa City. It seemed to be the purpose of the judge to avoid the removal of any doubt regarding the validity of the speed ordinance and to have the case center wholly about the validity of the warrants of arrest. In the end he was successful on that point.
 Though it was proved that Mesa City had been incorporated and though the records showed that an ordinance had been passed, though with some doubt as to the regularity of the passage, the whole thing rested at last on the character of the warrants.
 Justice Guthrie testified as to the of the issuing of the warrants and then Constable Phelps took the stand. He described his two visits to Phoenix for the apprehension of Judge Ainsworth and the finding of the flaw in the first warrant, the ha- beas corpus proceeding and then his return to Mesa empty handed. He said that when he came back the next time he met the judge on the street and told him he had a new and improved war rant. Let me see it said the judge. Looking it over he insinuated that as a drawer of warrants, Justice Guthrie was deteriorating. "This is worse than the other one,' he said.
 The constable told the judge that he was going to return with him to Mesa on the six o'clock train. The judge re- piled that he thought the constable would change his mind. Here the judge the narrative to say: "I didn't go back with you, did 1 2" "NO."