Arizona republican., 1909-11-16
THE CRIMINAL MILL /
 BEGINS ITS GRIND
THE EASY CONVICTION OF
 FRANK LEONARDO.
The Unreasonable Defense of Jose
 eerdugo.

The trial of criminal cases was be- gun in district court yesterday morn ! ins. The first case taken mp was that of Frank Leonardo. former bartender at the Cottage hotelrwho had been in- dicted for an assault with intent to commit murder. The assault was made against a group of three young men who were committing a disturbance about the place. The indictment against Leonardo was found by the grand jury before the last one but Leonardo who had been released on bond left the country before the grand jury convened and his bond was de- clared forfeited. Later he returned and was taken into custody where he has been ever since. The evidence yes terday showed that whatever might have been his provocation at the time of the assault. he meant that the men he was assaulting should die and the jury lost little time in bringing in a verdict of guilty.
 The case of R. F.. Swartz charged with embezzlement was taken up. Swartz had been in the employ of the s F.. P. & P. railroad until little les. than a year ago when it was alleged that he had embedded the funds of the company amounting to about s30 He was arrested and held to the grand jury which indicted him but on the Saturday before the Monday set for his trial he tried to commit suicide by shooting and almost succeeded. He was taken to the hospital where his condition was such that his case was continued for the term. When il was brought up yesterday he pleaded guilty to the embezzlement of sum less than $50 and sentence was sus- pended during good behavior.
 The last case of the day was that of Jose Berdugo indicted for robbery. One nigh: Thomas Mccarthy was sit ting on a bench at the railroad depot waiting for d train when he fell asleep. He was awakened by some one feel ing in his pocket and when he was aroused the intruder ran away Me Carthy pursued him. always keeping him in view and noticing that as he fled he was throwing things away Finally Mccarthy overlook him and overpowered him and took him to a saloon whence word was sent for an officer. The captive was Berdugo. He was taken to the sheriff-s office where he was searched but nothing was found on him. He was turned loose. The same night, Mccarthy in the com pany of night -watchman went over the course of the flight and pursuit and found several papers. his pocket book and knife. There was also found revolver which was subsequently, identified as one that had been loaned to Berdugo. A warrant was sworn out for Berdugo the next morning.
 Berdugo admitted having been at the depot at that time but it was ar gued in defense that there were sev- eral other persons there any one of whom might have robbed the sleeping man. But il evidently did not appear to the jury that it was worth while to look any further for the thief so that a verdict of guilty was quickly brought in.
 In the case of Frank Luke the Apache Indian. indicted for raising a check. sentence was postponed until November 22. A half dozen persons residing in the vicinity of Glendale who had been indicted for assault and disturbance of the peace were arraign- ed and will plead today.