Arizona republican., 1910-05-15
GIVEN BY JUDGE KENT
Promise That If Prisoner Tells the Truth His Time Will Be Shorter-Rebuke of Those Who Have Sus- tained the Boy


 perjury was yesterday given a general sentence to the penitentiary by Judge Kent That is, he was given sent ence which may keep him there only the minimum time fixed by the statute. one year, or it may keep hlm Tor the full time of fourteen years.
 This order followed a final Overruling of a motion for a new trial based on the affidavit of L. A. Bright that he was present at the Casino saloon where Shindlebower swore at the trial of the saloon and later at his own trial for perjury. that he had bought a pint of whisky.
 Attorney H. H. Howard for the de- fense. moved for an indefinite post ponement of the matter. He stated that the proceedings had been con- tinued only from day to day in the hope that Bright might be found and that that elusive person somewhere Tn concealment had learned within ff- teen minutes that the court was stlii waiting for him. If the matter were held open, the attorney beneved' Bright would come to the surface.
 The court, replying to this sugges- tion. said:
 .'I caused a subpoena to be issued for this man because his affidavit had been previously filed and l had read it. and the story was so improbable that I rather felt that he would not come to court to testify, and l desired to have him brought here for that pur- nose Now this matter has been a matter of common notoriety for the past two or three days; it has been published in the newspapers and IL is impossible that this man Bright can he in this community and not Know oi his being wanted in court.
 There are only two possible solu- tions of his disappearance; one IS that he is hiding in the community, unwilling to come to court and nave his affidavit tested in the light of an examination, in which case his state rneuts made in the affidavit are oL ceurse unworthy of credence-if he IS not willing to give it the light winch would be thrown upon it by such e1- animation his testimony is not to be believed by the court
 ..Jhe other possible solution IS that he has left the community m order that he may not have to give tesu- monv in relation to the matter, Tn which case he would not be available upon q new trial if one were granted The business of this court is such that the only time which could be devoted io q new trial would be this coming week. Now there seems to be no prob.bility of this witness being found i'm time to testify at such time as d new trial might be had in this case, should one be granted. even If the testimony were true, ne either hav- ing voluntarily left the Jurisdiction or being by his own connivance hiding
 "I shall deny the motion for a new frial on three grounds: First. that the affidavit as presented is insufficient; second. that the story as stated Tn the affidavit is improbable, and, third. that the witness making the state ment is either voluntarily absenting himself so as to prevent his examina- ton or has left the Jurisdiction of the court and could not be here upon a new trial if one were granted. and 1T T new trial were granted on the .round specified it would be of no avail to the defendant.
 When Shindelbower was directed 10 stand up the court asked if he had anything to say why sentence should not he imposed. The boy replied. T told the truth and am not guilty. A slight frown passed over the face of the judge and he proceeded with the sentence. in the court of which he took occasion to rebuke those who have criticized the verdict and the district attorney. There was also an intima- ton that there was something behind the crime of the defendant which he alone could disclose. The court said:
 This crime of which you have been convicted is a most serious one. In many instances and in many cases there is no doubt that false state ments are made by witnesses on the stand. In most instances, however they are made in relation to their own defense. It is not very often that we find perjury committed in affirmative statements tending to take away either the character or business. or in- fluence affirrnatively the life or actions of other people When it is affirma- tive perjury of that sort it is most contemptible crime.
 No impartial listener could have listened to the testimony in this case and have any reasonable doubt Of your guilt It is true that many good