Weekly journal-miner., 1908-11-25
DEFENSE OF BRANT SCORES TELLING
 P0|NT Alleged Forged Check Is In Reality No
 Check
Erom saturdny.s DaIlyl

l ri,on announced m the district court yesterday afternoon nt i:3O o'clock "thc prosecution rests' in the ease of the Territory versus Charles T Iirant. Attorney John Mason Ross for the defense, raised a legal question to which the district attorney objected, the court granting nt the latter's re. quest until Q o'clock this morning to look up authorities to sustain ais posi-. ton. The greater part of the trial during the day was taken up in the discussion of technical questions of law bearing on the indictment, which charges the defendant with forging a cheek in the sum of S92.70, which was cashed by John Lindell, and the in. strument itself, Attorney Ross declar. ed in court several times in his argu. ments, does not possess the essential elements of forgery.
 Al the conclusion of the intrOduc. ton of testimony by the prosecution, Attorney Ross asked the court to in. sruct the jury to return n verdict for the defendant for the reason that the lpurportcd cheek was not drawn on any person. firm or corporation. He insist cd on a dismissal of the ease on this ground and maintained tha, there snould be some proof to show that the order was drawn on somebody tO whom it could be presented for payment. He contcnded further that there was no evidence introduced tending to prove that the instrument was ever present. ed for payment ar any attempt ever made ,o collect the alleged cheek, which he described as a meaningless instrume and not possessing the cs scn'ial clements of forgery. District Attorney Morrison strongly opposed Attorney Ross motion and was granted until this morning to pro. duce authorities sustaining his posi-. ton.
 The alleged check, which Brant is charged with forging and which was cnshed by John Lindell in November. } l907. reads as follows:
 THE LOOKOUT COPPER COMPANY Poland, Arizona, Nov. ij, 1907. l s027O
 \ Prescott National Pay to the or. ' der of C. T. Brant, s92.70. Ninety.two i 70-l00 Dollars, Value received and , charg to th account of
 To Q. k. & w. k. M
 The Lookout Copper Company,
 By o. Longacre, Jr. F. General Manager.
 Contrary to the general custom in the conduct of criminal eases, the de- fense did not demur to the indictment when the case was called. After the . jury was impanellcd, however. n brisk legal battle was waged by both sides until the court announced recess un. r til this morning.
 The first important objection raised was when the defense attempted to prove that Q. Longacre, Jr,, was gen eral manager of the Lookout Copper forgery. Attorney Ross objected to this on the ground that the indictment did not alleged that Longacre was gen eral manager of the company on the date of the alleged forgery. This ob- jection was overruled by the court and the prosecution allowed to prove Long. acre general manager of the company at the time.
 Further in the proceedings the de- fense objected to the prosecution be- ing allowed to prove that the letter F. under the name of o. Longacre, Jr., on the alleged forged inst was the signature of F. F. Edwards. This objection was also oyerruled by the court.
 Several objections were raised by the defense against the prosecution in- troducing the alleged forged instru. ment as evidence. A two nour recess was had to allow the attorneys to in troduce authorities.
 Similar cases from several courts of the different states and the United States courts were cited by both sides
 One of the principal objections of the defense was that the alleged forg ed cheek was not check, although the indictment alleged it to be n cheek. This was overruled, the court intimating that it made no difference what the instrument was called since it was copied in the indictment. The suggested that it would be determined later what the instrument was and whether such an instrumen should be elassed as forgery.
 F. F.. Edwards testified that the sig. nature to the instrument looked like Brant's handwriting and John Lindell testified to cashing it for defendant. The jury in the case of Richard De. Kuhn, charged with mutilating the justice docket of Cherry Creek pre-. cinct while serving AS justice of the peace in 1907, was discharged at 4.45 o'clock last evening, having failed to agree upon verdict.