Weekly journal-miner., 1909-12-15
FORMER RESIDENT
 ACQUITTED IN COURT

After having been out scarcely
 more than two hours the jury in the
 case of the Territory versus T. J.
 Cullen, charged with the embezzle ment of the funds of the Eagles lodge in this city, agreed upon a yer dict of not guilty at 2:3O o'clock this afternoon, says the Tucson Citizen. Cullen s wife was in the court room when the verdict was turned in. Cullen lived in Prescott for a short time.
 One of the hardest grilling through which a witness has yet been put dur ing the present term of the Pima district court was that to which J. H. Opie was placed as a witness for the defense in the Cullen embezzle- ment case this morning. Assistant District Attorney L. s. Arnold con ducted the cross examination of the witness, and, while he was on the stand but a few minutes, the brief space was filled with sensations of a mild nature. Arnold plainly embar- rassed the witness at various stages of the examination, and at one time became involved in a tilt with Judge Lowell, one of Cullen's attorneys, who came to the rescue of the witness by objecting to a certain line of ques- tioning.
 "Of course you will begin to kick when the shoe begins 10 pinch," shouted Arnold when Judge Lowell arose to enter his objections to a question.
 With equal vehemence Judge Lov- ell declared that the defense was will ing to wear any shoe which by right belonged to it, but that he did not purpose to see his client persecuted instead of prosecuted.
 ~"Just because you happen to be as sistant district attorney gives you no license to trample upon the rights of this defendant" he said.
 "That's right,' said the assistant district attorney, and the argument ended.
 In the meantime the spectators and several of the jurors "sat up and took notice" The thing was growing exciting.
 The prosecution in the Cullen case, for the alleged embezzlement of the funds of the local aerie of the Frater- nal Order of Eagles, announced that its case was closed immediately after the convening of court this morning. The first witness placed upon the stand by the defense was T. J. Cullen, the defendant himself Cullen, in substance, declared that his alleged shortage was due to bad bookkeeping methods, and stated that in a num- Der of instances he had given mem- bers of the local aerie of Eagles cred it for their dues when in fact they had never paid him the money shown to have been paid by the books of the lodge This, he stated, was due to the fact that he had frequently given members of the lodge credit l for their dues in order to save them from becoming in arrears with the lodge. When asked the names of l some of those whom he had thus given credit, he failed to remember their names.
 W. H. Rose was the next witness introduced by the defense. He says placed on the stand as character witness in behalf of Cullen, and he stated that he had sent for Cullen while employed in a newspaper of fee in Prescott. Cullen, he said, had always borne. a good reputation here, and he knew nothing to the detri- | ment of his character.
 H. H. Wynkoop was again called to the stand, also as a character wit ness in behalf of Cullen. The de- fendant, he said, had always borne a good reputatior here. He failed to just what became of the C stubs" of Cullen's books, a mys- tery the prosecution has so far been 1. unaDle to unravel.