Arizona republican., 1910-04-26
TRIAL
 POSTPONED I Civil and Criminal Features Present Com npicadons PRIVATE PROPERTY COLT Which, According to De- fense, By Some Process of Evolution Has Become a Community Property Horse -:
PRIVATE PROPERTY COLT

The arraignment of Ross Daley. a brother of James Daley who recently received a sentence of six years in the territorial prison. which was set for yesterday afternoon at 90 on a charge of grand larceny. was postponed until one week from this afternoon at o'clock
 According to statements made by both the prosecuting witness and the defendant, not in court however, the case appears tO be a rather complicat- ed one which will go rather eXten- siVely into the rights of property and il was the opinion of the justice that the case be postponed until such time as the witnesses for both the prosecution and defense can be present and also SD that representative of the district attorneys office can be in attendance.
 The case as it has been given to the jutice of the peace in substance is as follows: It appears that sometime last week. Ross Daley was on the street making at attempt to sell horse, val uttt at SbllitliilllS Int Ollf dollars Mrs. James Daley. who- is a sister-in-law of the defendant --upon hearing of the attempt to dispose of the horse. notified the justice that the animal did not belong to the man in whose possession it had fallen. Ross Daley when apprised of the condition of affairs in the mind of- the prosecut- ing witness made rather tart reply to Constable Burton adding that he had a bill of sale of the animal and could do what he pleased with it. It was also further stated that he rode the horse to Phoenix. Mrs. Daley con- tends that the defendant went to the pasture and took the horse out. with out her permission and without her knowledge and made an attempt to dispose of the animal all without say
 ing anything to her about it. The ami maj at the present time is in the pos session of the court where il will re- main until the case is settled.
 The real point at law where it is supposed that the fight will be waged is over the bill of sale. IL is under stood that James Daley either gave 'his brother q bill of sale or gave it to another party to give to his brother so that he might dispose of the animal in order to raise money to meet some of his expenses in the trial in district court in which he was defendant. At any rate it k understood that the de- fendant in the present case. Ross Dal- ey. has a bill of sale of the animal. The plaintiff. Mrs. James Daley. has every reason to believe that her hus- band did give out a bill of sale for it is stated that she has a letter from him to that effect in which he stated that Ross has bill of sale of the horse but don't pay any attention to it." Another thing that may compll- cate matters worse Is that Mrs Daley contends that upon her marriage to James Daley. she received an estate ana with twenty-five dollars of this money she bought a colt and that later the colt became more valuable and was finally traded to Hbbert & Nets for another horse which Is the animal that now figures Tn the pres ent controversy. It is supposed that the question will be brought up as to whether the animal was in reality community property or not ar whether a man in getting possession of the horse and had bill of sale in his pos session could be held in the event that the property was or vas not com munity property. The defendant ex pressed wish that his brother be brought from the penitentiary to tes tify in the case but this the court ruled would not avail the defendant, any good
 At the court room preceding the opening of the case Mrs. Daley put to the defendant which -Jnas or may not presa9e additional coni~ plaints She asked the defendant what disposition he expected to make of q small number of cows of which she claims the ownership and to which he replied that that was matter that would be attended to after the present case was out of the way.
 The little court room was crowded to suffocation yesterday with interest ed as well as uninterested spectators X little diversion was furnished when Attorney Dougherty for the prosecu- lion and Attorney Goodwin of Tempe ! for the defendant indulged ia little straightforward argument in regard as to the disposition of the animal i between now and the hearing next 1 week It was surmised that there was | probably little more earnestness in 1 jected into the conversation than can | uually be found with the artificial l indulged in between oppos | ng consul. However the matter was | settled by the court announcing that | the horse would remain in his pos | session until further disposition had