Bisbee daily review., 1909-02-26
OFFICER |S
 ACQUITTED 0F
 THE CHARGES
Justice Burdick After Hearing Testimony in the James Case Oismisses Complaint Against Policeman

Former Policeman John James was acquitted yesterday by Justice Bur dick of the charge Of having violently handled Ben Campbell on the nsnth day # this month, although three wit nesses examined testified positively that the officer had flung Campbell to tae sidewalk. The attorneys for the prosecution complained in court that although many of the witnesses for the defense were present there were only three Of those subpoenaed for the prosecution. TAe defendant had waiv- ed the jury formerly demanded by him
 +. r. McAdams. the complaining witness, was absent: Buchanan. the most important of the prosecutions witnesses. also was absent.
 Walker testified that Campbell was "paralyzed drunk" and that he had Jumped away from the officer when the latter had tried to grasp him and ifad fallen as result of his own spring. Walker admitted that he did not recollect whether he had witness ed the occurrence in the forenoon or afternoon. whereupon Noufott began to grill the witness. Walkers testi- mony was uncertain except as to ais assertion that James had picked Campbell up "yery carefully" ana later his repetition that he had picked the injured man up "tenderly."
 Attorreys at Repartee.
 C. W. Bodell saw James throw Campbell to the ground. although he did not see the latter strike the pave meRt. Attorney Miller tried craftilv to make the witness admit that al though he saw James lay hands on the prisoner, the latter may have fall en without any propulsion from the officer Five times did Miller warily get Bcdell led up to a point where he could score a point by getting an uncertain answer, but the witness stuck to his impression that the Of fieer had thrown the prisoner. At this point much amusement was ot,- easioned by a clash between the ali torneys, when Morfoot showed a die tionary to Miller. adiursng him to read uD. and Milie~ retorted in kind. Mill CT late pragmatic declaration that it was a presumption that the prosecu- tion always put its strongest witness on the stand first, impeiled the oppos- Ing attorneys to demand sardOnically that he quote his authority. and the merry war went on merrily until the court demanded that they quit their bandying of eross-cut repartee. After Bodell had concluded his testimony, Justice Burdick, replying to Morfoot's Kick at the scarcity of witnesses. said: Tt probably would not do them any good to have any more. as he had al, ready made up hts mind there was nothing to the case"
 Gus. Haigier corroborated the tes- timony of BodeIl. He said he was 7tanding about ten feet from the of ficeT and Campbell when the latter was injured, and that a friend was taking the latter home and tAat thsre- fore there was no need of James grasping his arm aud swinging him with violence ,nto the building James here asked permission 10 question the witness and was granted permission. He asked HaigIsr iI the latter had not heard Campbell speak to him (Jamesl. James then asked Haigler if he had not heard the man in question call the officer a certain name. To each ques ton Haigler replied mo-" James then asked Gus fl the latteTs hearing were good. Gus merely glared at James, and for moment there was a sense Of d'sCuietude At this time Justice Burdick dismissed the case and James thanked him.