Arizona republican., 1908-05-26

 STOOD TEST
In Gases of Carr, Gardiner
 and De SOuza
Defendants Will Plead Today and Trials Will be Set.

The indictments against Griggs, Carr and Fred Gardiner in the fourth ward election cases and Chairman De Souza of the democratic city central com mittee charged with giving Gardiner $50 to work for the election of J. w. Crenshaw for the office of mayor a year ago. yesterday passed muster be- fore Judge Kent. Though the objec- tions to all of the indictments were not yet heard when court adjourned at four o'clock yesterday afternoon, enough of them had been sustained to warrant the court in directing the at torneys for the defendants to have their clients in court this morning to plead.
 The original indictments against Carr and Gardiner had been found to be defective and they were resubmit- ted for correction. No evidence was taken previous to the bringing in of the second lot of indictments, a mat ter admitted by District Attorney Bull lard. That statement was taken down at the request of Captain Alexander, attorney for Carr, to be used, possibly at a later stage of the proceedings.
 The district attorney said that when the cases were resubmitted he asked the grand jurors if they desired to examine the witnesses further. He said that as no new facts were to be brought out, only changes were to be made in the phraseology of the bills. the jury elected to hear no more testi- mony and saw no advantage in hear ing again what they had heard so re- gently.
 It was this omission of evidence that constituted the chief ground of attack upon the new indictments. Numerous authorities were introduced to show that no bills may be returned with out evidence, though it had been re- submitted. The chief argument in sup port of this view was that the wit nesses upon whose testimony the for mer bills had been returned may have erred or have been misunderstood the first time and it was pointed out that in this case most of the evidence gainst Carr and Gardiner had been delivered through an interpreter so that error was peculiarly likely.
 The court thought that it was hardly worth while to have heard the wit nesses the second time on the chance that they may have erred the first for the error might as easily be commit ted at the second hearing In reply, Captain Alexander said that that would raise a doubt of which the defendants were entitled to the benefit The court ruled against the contention and then the indictments were attacked upon the same grounds as at the former hearing
 The motion to quash, in the case of the indictment against Chairman De SouZa was based upon the generality of the charge against him. It was all legged that he had given $50 to Fred Gardiner for the purpose of getting the boys out to work for Crenshaw." This said Judge Baker. meant nOth- ing. The defense was informed of no charge against it and was without op- portunity to combat the proof of the territory. Who were the 'boys?" Boys" said the judge, were under stood to be youth under the age of twenty-one who are not entitled to vote. What were they to do for Cren- shaw? Sell peanuts for him? Carry ice water to the polls? March back and forth in front of the polls, hurrah- ing for Crenshaw and promise his election in that Way?"
 The district attorney argued that the expression did not constitute an ale gation in the indictment but that it was a mere setting forth of the test mony in the language in which it was presented to the grand jury and that the proof to the trial jury which was to be the judge of the evidence would show whether the money alleged to have been paid to Gardiner had been paid for an unlawful purpose. This view was held by the court and the motion was dismissed.
 The cases will be set for trial today and it is thought that the date will be an early one.