Weekly journal-miner., 1909-12-01

erly begun about nine o'clock on the morning following the general election in November, 1904. At that time one McDonald,. accompanied by Smother who had the key, went to the oEice of the County Treasurer of Yavapai County. Arizona, in the court house in Prescott, and upon opening the door heard sounds in the vault in the treas urer's office. At the same time a lit tie dog, a companion of Storm, ran out of the office. The vault was opened and in it was found James P. Storm, who was serving his second term as county treasurer. Railing wire had been used as a gag which had been placed in his mouth with a handkerchief on it, and tied behind the ears Railing wire also eneir- cled his wrists behind his body.
 What Storm Said.
 Storms statement was that on the previous afternoon, election day, about five o'clock, he was preparing to close the vault and leave the office when a tall man and a short man jumped over the counter, presented pistols at him and ordered him into the vault. that he went in, then was gag ped and bound. and the tall man and short man took away about Sl4,OOO of the county's money. storm also stated that within a few minutes after the departure of the alleged robbers he began stamping on the sbeet-iron floor of the vault and hal looing loud enough to be heard at Fort Whipple, and kept this up at o intervals until one or two o'clock in the morning.
 The prosecuting officers became con vineed that Storms story was con eocted and that he, himself, had rob bed the county treasury, and a few days thereafter Storm was indicted by the grand jury.
 At this time E. s. Clark was dis trict attorney, and J. E. Morrison assistant. The case came on for trial in short time after the finding of the indictment and Robert E. Nor rison appeared as special counsel for the prosecution, having been retained bv the sureties on Storm s official bond as county treasurer. For the defendant appeared Ross O'Sulh- van, Herndon & Norris, and A. l.. Hammond. On the trial a portion Of the evidence disclosed the fact that while Storm was in the vault of the treasurer's office, stamping on the floor of the vault and hallOOing Tn a loud voice as he said, dozens of cit izens of the county were going to and from the office of the board st supervisors. which was immediately across the hall from the treasurer 's office. The result of tests made in the vault showed that if a person stamped on the metal floor the noise could be heard not only throughout the court house building, but out on the plaza for a couple of hundred feet or more from the building; that at the time the tests were made by person in the vault and stamping as Storm said he had stamped and the person hallooing, the test being made between tight and nine o'clock at night. the noise caused occupants of the probate judges office, th' sheriff's office, and the board room to rush out into the hall and ask i it was another holdup. The evidence also showed that Storm had beer guilty on two different occasions O taking one thousand dollars of tn county's money and apprOpriating i to his own use.
 The case was vigorously tried an, the jury after considerable delibeI ation disagreed and were discharged
 History of Action.
 On the first of January, 1905, E. E ElIinwood took office as district al torney and Sam L. Pattee was aI pointed his assistant. In the sprln of 1905 the case came on for a seC ond trial and resulted in a verdiC of not guilty. There were one c two other indictments against Storn and at the November term, 1905, tw indictments were found chargin Storm with having unlawfully take in each case one thousand dollars C the public funds in his custody.
 In the spring of 1906 EllinwoO resigned as district attorney and | fill the vacancy applications wei made by Sam L. Pattee, assistant ul der Ellinwood, and R. P. Talbot. Ia bot was appointed district aetorne