Arizona republican., 1910-05-01
PRISONER AT THE BAR HAD 4 PERJURY FRAME-UP
IT WAS DISCOVERED ON EVE OF
 TRIAL.
1t Facilitated the Conviction Of Toney
 Alias Pierce.

1t took q jury exactly six minutes yesterday by the court house clock to find a verdict of guilty of grand lar ceny against Elmer l.. Pierce better kn1,,1 in this community as A. J. Toney. Toney was arresetd month ago on certain revelations. uninten- tionailv made by his wife whom he had beaten and who hGd com" [" the .Iice of the sheriff to complain about. In the course of the conversation she dropped hints which were later picked tip and ez;i ;fiiiii::s ;:n:!! .hn.' ysnre rec" ognized as clues.
 Toney had been employed as q sew ing machine agent at the New York store of Tempe when it was under the management of the late F.. l.. Thew. It was found that wherever Toney
 was taking n machine out of the store
 h" filled the cover with such mer
 chandise as he could secrete and in
 that V.ty he must have carried ofc | hundreds of dollars worth of goods. II IL was for this he was arrested but
 on his examination. it was found that there was a missing link in the chain
 of evidence. However q bicycle was ! found al his home which was identi 1 fled as one that had been stolen from i Mir Thew last summer. For that he : was held to the grand jury.
 i He said at the time of his arrest
 that he had traded with one Jesus ! Camello for the wheel There happen
 cd to be in the jail, one Bartolo Cam ! e!lo held for murderous assault He
 was asked by the sheriff if he knew of a Jesus Camello and he replied that l,x n fl
 in all directions but nobody could be ! found v'ho ever heard of Jesus Cam , clio.
 On Friday the sheriff was informed | that the defense wanted BartolO Cam elIo subpoenaed in the case Sheriff | Hayden at once suspected that some testimony had been cooked up and he | visited BartOlo and asked him what he knew about the case. He replied that Jesus Camello was his brother and that he had forgotten when the sheriff asked him about it before, but now he recalled that he had seen him trade the wheel to Toney.
 Now. Bartolo." said the sheriff; you're wanting a sentence for per jury. You know very well that you
 have no brother Jesus and you know if you stop to think that last summer when you say you saw your brother
 trade that eel. you Were not in Ari
 Zona. You were a fugitive from jus tice for cutting Larcs and you did moi return to the territory until last No- vember." Thereupon Bartolo admitted that he
 had framed up this story to help Ton
 ey out or q hole at the request of the
 latter He had no brother Jesus and at the time Of the alleged trade on the
 Tempe road he was hiding out at
 Hemet. Cal.
 In the course of the trial, Camello
 was put on the stand by the territory
 and told Of the attempt of Toney to
 get the witness to perjure himself
 Among the witnesses whom Ton.y
 had subpoenaed vas his little step
 daughter. She was called also by the |
 prosecution and she swore that when | Toney brought the wheel home last l summer she heard him say thta he had | stolen il out Of Thew'S backyard"
 The right name of Toney is Elmer l
 l.. Pierce. He first came to the not ice of tine law at Yuma several years ! ago for the theft ar embeZZlement Of | d race horse. He was taken back to | Yuma but the witness could not be | Immediately found and he some how l secured his freedom and left the coun- try. Last fall Sheriff Livingston say
 him in Phoenix and recognized him
 lie took him back to Yuma again | when it was found that there had been 1 no indictment against him. Again he was discharged
 Hhn of Is,-ot h l.ll. f., dicted for perjury in the case of the anti-saloon movement came up yester- cay on the motion of the defense to withdraw the plea of not guilty in or der that a motion to set aside the in ditcment could be made. It was offer ed on the ground that one of the grand jurymen was Hans Herlick and that MT. Herlick was a member of the Royal Arch an association whose mis- sion is to further the liquor interests Mr. Herlick was questioned as to his connection with the Royal Arch as we'll as in part in the returning of the indictment. Mir. Herlick said that at | one time he was q member of the or saniZation but that was more shan three years ago. Since then he has had no membership in any liquor as sociation. He had taken no part in the discussion in the grand jury room on the Shindelbor,r case. According ly the challenge of the defense was withdrawn and another plea of not guilty was entered The trial of Shindelbower was again set for May g.
 William McMahon who had been convicted of an assault with a deadly weapon was sentenced to seven years in the territorial prison.
 The last case of the day was that of Jesus Robledo. charged with cat tie stealing. IL was not concluded at the close of the day when court ad- Journed until next Tuesday morning Judge Kent will have to go to Flor ence on Monday to pass sentence on Ed Fondren. convicted of manslaugh- ter in connection with the killing of A J. Daggs and George Dittmore near SuDerlOr on I1nuart i nf 1Q0S