Arizona republican., 1910-04-01

teStt"nN as indicating that sufficient effort was made on the part of the ir- risaIur to prevent damage to the road. The defense also endeavored to make . q good deal out of the fact that the pipe Iiae of the South Side Gas com pany has crossed the drain ditch of the defendant and had incapacitated ! it. though on this point the testimony Of Foreman Light of the company was iu direct contradiction. He testified that the pipe line had in no way in tcrterred with tho operations of the drain ditch.
 The jury spent-:tbout twenty min utcs in considering the case and took three ballots. The first showed five guilty and seven not guilty The second was eleven to one mot guilty" x hilc the third was unanimous.
 Under the present statutes. il is al most impossible to secure a conviction nn .t road flooding charge if il can be shown that the man running the water has made any effort at all to prevent rh, damage. IL makes little difference how careless or nrGiectGul he may have been, If after learning that the water Is ruuning into th" rnad. he does Inythine that may he conStrn@d as an effort I" prevent further damage. the chahccS ar" loo tn one that he will never be convicted. IL k generally admitted that th" particular piece "f road m question iS q difficult one tn avoid Heading. but mol WthStInding that. ihc verdict nf the jury yesterday iS an mf"rtunat" one. owing to the bearing. II may hay" on future eases "f a like nature. Just at this time when the county is making every cf- Tort to improve the roads and [" dis courage the prnctiec of road flooding a conviction in this instance would have meant H good deal for the county.
 County Superintendent of Roads Acuff was au interested spectator at the trial After the decision of the jury bad been announced he stated that the oucomc would have no bear ing whatever on future eases that might come up He proposes to con tinue the campaign against road flood ing just as hard as ever and has been assured that he has all the backing the supervisors can give him. W. A.. Mouor. in charge of the local road dis trict. and who has hccn making q strong fight against road flooding since ne has occupied that office. was not d little disgusted at the outcome o1 the case. Not that he had any per sonal feeling against the Lopez broth CTS. but on the ground that il is i'm possible for him to do anything in the way nf road betterment when il is inn
 
 instance Of thIs kind.
 During the deliberations "f the iury when a hundred or ipcre men were gathered on the .',dvEalk. dis cussinS the various meri-S oi th- case. si unfortunate chin.. hapPencC. O. T. Smith whose D!ace hdj0ins th" cpeZ irOthers on the west. and one of the brothers were engaged in an argument which :'r,w rarIe" heated Almost before the crowd realized what had happened the lie vas passed and fists were flying. Another "f the brothers took hand in ,he affair ana several blows were exchanged before t3. n.tu were separated.
 Regardless of the outcome of the trial and the merits of the case on either side. the fact remains that the p.Dce of ro"d in question is one of th- worst on the south side of the river and is a disgrace tO any self respect ing community. IL iS to be fondly hoped that some solution of the prob lem will present itself in the near future
 FOR RENT-Three room unfurnish- ed house Close in. East Main St.