Arizona republican., 1910-01-12
WORTHLESS CHECKS
 AND "BOeus' 0nEs'
A DISTINCTION IS URGED BEFORE
 SUPREME COURT.
In the Case of a Man Now Doing Time
 at Florence.

Among the cases heard in supreme court yesterday was that of s. J. Wil- Hams. appellant against the territory. respondent. from Cochise county. Wil- Hams is serving three-year sentence in the territorial prison having been convicted of obtaining money by means of bogus check" It was proved that on September 10 of last year Williams at Douglas obtained of Frank Byrd $60 on a personal check on the First National Bank of Douglas where he had no account and never had any
 He was indicted under Sec 4S9 of the penal code. It was the contention of the defense then as 1t was the argu ment of Harry Pickett yesterday. that his client was wrongly charged: that inasmuch as the check bore the true signature of Williams 1t was in no sense a bogus check"
 According to the attorney for the ap- pellant the indictment should have been fonnd under Sec. 4SI and that Williams should have been charged of obtaining money by fraudulent repre- sentation An authority from Illinois was cited. In that 1t was held that a worthless check is not necessarily a bogus. cheek: that the victim had not been deceived by the signature but by the representation of the signer that he had money in the bank
 The crime described in Sec 4S9 Is a felony punishable by as much as five years in the territorial prison The crime described by Sec. 4S1 Is a mis- deamor the maximum punishment for which is six months in the county jail and fine equal to three times the amount involved.
 The case of the Phoenix Street Rail- way company against L. H. Landis. administrator of the estate of G. w Sanders. an action for damages for in- juries alleged to have caused the death of Sanders. was argued by Mir. Chal- mers for the appellant and by Messrs. Ross and Jamison for the appellee
 Arguments by Messrs. Burks. vyne and Norton were heard in the case of the s. F.. P. & P. Railroad company against the Arizona Smelling company
 Other matters were disposed of as follows:
 In the case of Justin O. Rose, ap- pellant against the territory. Graham 'Ouhty' "ihCH tuc dppciidut ud0 been convicted of murder in the first degree. a motion to dismiss was de- nied.
 A motion to dismiss was granted in the case of Phil S. Hughes and others. appellants against the Flowing Wells company. Pima county. appellee.
 A motion to add to counsel was granted in the case of Frank Baxter. appellant against J. w. Darlington, ap- pellee, Yuma county
 In the case of Presley L. Notes, plaintiff in error against the Gila Val ley. Globe & Northern Railroad com pany. defendant in error. the defendant was given until January 13 to file brief
 In the matter of the Arizona Smelt- ing company. and J. Kearney Rice. trustee in bankruptcy. appellants against Cecil G. Fennell and other. ap- pellees. the date of hearing was chang ed to January 2s. -
 In the case of the 'Gi'a Valley. Globe & Northern Railroad company, appellant against John Hall. appellee which had been submitted oral argu- ments will be heard on January 13
 The case of Santiago Ainsa. admin istrator of the estate of Frank Ely, ap- pellant against the New Mexico & Ari- zona Railroad company was submitted.