Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1908-07-24

windows to bow out, and the air was
filled with dust, rock, gravel, dogs
small and children, all drawn into the
vacuum.
From all these circumstances ii
was surmised that Judge Ainsworth
was paying no attention to the pub
lished rate of speed but was taking
advantage of secret and special rate
and ought to be arrested for some
thing, possibly violation of the Ell
kins law.
! But he could not be arretsed while
in motion. 1t has taken more time
thus far to tell the story of the pro-
tcession of Judge Ainsworth, than
elapsed between the moment when he
Iappeared on the eastern horizon of
the appalled, citizens OF Mesa and the
instant he was lost in the west in a
swirl of dust and debris The only
thing to do was to head him off at
Tempe by telephone and it was real
lied that that could not be done I'M
less the wires had been recently
creased for the passage of the cleo
trio current But they had been, for
when Sam Brown, the marshal, re-
heard a dull but growing roaring in
the east. He had bareIy time to get
into the middle of the thOroughfare
and display the red flag of danger
when the automobile wnizzed up.
He informed Judge Ainsworth that
he was under arrest. In that slow
measured tone of his Judge Aims
worth replied that he thought not. 1t
appeared that he was not; no war
rant had been issued and moreover
the marshal was not sure whom the
Mesa authorities desired arrested.
The conversation at the telephone had
necessarily been too hurried. Mr..
Brown could not linger until Christ
mas at the telephone and then get
out into the street in time to inter-
cept the automobile.
There was a difference of opinion
regarding the understanding which had
been arrived at between Judge Aims
worth and the marshal The latter
thought that the judge would return
to Mesa today to see il out The
judge had no such intention, but as he
remembered the understanding, il
was that if the Mesa people really
wanted him there they should send
an officer to Phoenix with a warrant
At any rate that was what the
situation resolved itself into and early
in the afternoon the officer appeared
here The warrant was presented to
the judge who had thought that he
would have to go to Mesa and defeat
the case in the enemy's territory but
when he saw the warrant he saw an
l.
be thrown by the tail.
But the judge could not have avail
ed himself of that aperture but for
an accident. The Judge of the dis
trict court is absent from his juris-
|diction and Commissioner tombstone
can only issue writs of habeas corpus
returnable before some associate jus
tice
But it happened that fate had TAX
en- Judge Doan of the fourth dis
trict by the hand and led him to
Phoenix yesterday morning More
over. fate led him to Judge Aims
worth's office just at the psychology
ical moment.
1t was plainly decreed that Judge
Ainsworth should be free. He made
application to the commissioner for
the writ. the application being based
on the ground that while the war
rant set out that he had been guilty
of misdemeanor there was an en-
tire absence of a description of the
nature of it.
The writ was made returnable be-
fore Judge Doan. who was not sure
of his authority to act outside of his
own jurisdiction, but his doubt on
that point was resolved and the
hearing took place. resulting in the
discharge of Judge Ainsworth.
1t was the opinion of the latter
that the case could have been beat
en-, if the warrant had not been de
fective in form. on the ground that
the wrong person had been arrested.
II is said to be the practice in cases
of this sort to arrest the driver and
not the passengers.