Bisbee daily review. [volume] (Bisbee, Ariz.) 1901-1971, 1910-03-05
ASSAULT CASE
DECISION WILL
CONE MONDAY
...e...4ss1s ua-sitlis
After hearing Testimony in
= -Rosenstein Case Yes
terday Judge High Reserves
Opinion for Three Days.

In the case of I'd Ship. charged
By II. Rosensteln with aggravated as
sau,t. tried before Justice High yes
ssrday afternoon. the decision was
| taken under advisement until IL
O'Clock Monday morning.
At the preliminary hearing Assist
ant District Attorney Flanagan and
Attorney w. b. Cleary represented
, the territory while E G. Stricken
appeared for the defendant. -Four
Witnesses were sworn for each side.
the prosecutions witnesses being
Leslie Neff. George Gage. Lee Won
Hagen and Jack Larson. For the de-
Tense. Or. Watkins. of the Copper
Queen medical staff. Walter Dixon
and w. II. Meek were sworn. while
Jack Larson was recalled.
Thd u-ia2 consumed about three
hours. and at the end of the examin-
alton of the prosecutions witnesses.
Attorney Strickler moved a dismissal
on the grounds that the injuries
Rosenste.n had received would not
warrant of holding the defendant 10
a felony charge. He stated that the
defendant had received only a couple
of blaekened eyes and cut on the
forehead. and. TO put II plainly. that
the complainant was more scared than
hurt
After arguments by the attorneys
Judge High allowed the case to pro
coed.
Rosenstein was first sworn and tod
Of being assaulted in front of the Y
W. c. A. building and of losing con-
soiousness. other witnesses corrobor.
ated his story OF the fight. but claim
ed he Was conscious all the time
Most Of them were attracted 10 the
scene by Sammie's cries for help City
Clerk Gage testifed to helping carry
Rosenstcin into the Copper Queen dis
persary.
Witnesses for the prosecution were !
not positive that Rosensteiu was kick |
ed. which was the point the territory
tried to make. Sammy swore that |
he was kicked after being down. bat |
none OF the witnesses could swear to \
this Then after the arguments for |
dismissal, the defense put on DR.. |
Watkins, who swore there were no |
evidences on Rosenstein's body to /
show that he had been injured other
than about the head.
Dixon and Meek. who were close /
by at She time or the fight stated they \
did not see the defendant kick Rosen-
stein The defense then rested and 1
the case was submitted without argu-
men by either side
During the argument for i dismis-
Sc before the defense put on their
Witnesses, W. p. Cleary waxed into
an orato;ioal vein; told what he knew
about prize fights. and endeavored to
~can- the court for decisions he hao
given in other cases. citing the case
Df the organ grinder OF the morning.
This called forth objections from At
torney Striekler and ended by a
cali from the court for Cleary to
soniine himself 10 the case at point,
md the Judge was rather indignant
It the time. too.
Ships other case on the misde-
neanor charge VIII come up for trial
~ jury Monday. Attorney Stricken {
or the defense says the origin of ali
he trouble viii then be shown. II Il
s understood to be over business {
natter of ever a years standing II
Several times during yesterday Z
rial the prosecution brought in the i
rst case. which led up 10 the sec G
nd. Attorney StriekIer objected. ?
at the objections were overTrIed By y
he court. +
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