Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1911-01-11
OTHER MATTERS OF INTEREST
Status of Yuma County's
Assessor to Be Deter
mined Next Friday-The
Six Mile Limit Law to Be
Passed on Next Day.

Justice Doe having arrived yester-
day morning there was full bench
in supreme court and the calendar
was called. Several motions were
passed upon and cases were set for
hearing. only one case was heard
that of the application of Henry Bon
adima Of COchise county for writ
of habeas corpus. II was argued
for the petitioner by w. b. Cleary
and for the territory by District At
torney) Williams of COchise county.
Bonadima is held at Tombstone in
the sum of $500 as a witness in a
murder case. the alleged murderers
not being under arrest. 1t was
pointed out in the application that
they had not been held for the crime
and that there was no prospect of
their arrest.
From the question asked by Chief
Justice Kent and associate justices
it appeared that the court favored
the granting of the writ. The chief
justice mentioned the fact that a flu
gitive had lately been captured in
that county having returned from
across the border twenty years after
the commission of the crime. Would
ii have been proper to hold a wit
ness in such 4 case at that?
Also. since the men believed to
have committed the crime were not
arrested OF held, how could il be
known that the witness was mater
ial one? He himself with two other
Italians had been arrested for the
murder but at the preliminary cx-
animation the magistrate finding no
evidence against them discharged
them. There having been no ex-
animation as to the guilty or limo
cence of the fugitive suspects. how
was it possible to know that the pc
titioner was in possession of any ma
terial facts regarding the crime?
To this, District Attorney Williams
replied by putting forth the law for
the detention of witnesses and say
ing that the magistrate who com
mitted Bonadima must have been
satisfied that he was a material wit
ness.
A case presented at the eleventh
hour was that of G. V. Meeden,
county assessor OF Yuma county. pc
titioning for a writ of mandate di-
recting the board of supervisors to
turn over to him school tax receipts,
personal property, lists, assessment
lists, books and maps necessary for
the discharge of the duties Of his Of
flee
This action grows out of an un-
successful attempt by the board Of
point a successor to Mr.. Meeden at
the end of the four year term for
which he was appointed. The pc
titiOner declined to yield the office
on the ground that the enabling act
provides that officers of the terri
tory shall hold their offices until the
statehood business is settled one way
or the other. II is the theory of the
board that that provision applied on
ly to elective and not appOintive Of
ficers.
Mr.. Meeden however held posses
sion of the office but the board re-
fused to turn over the necessary
documents so that now on the eve
of the beginning of the county as
sessment there is no one to under
take it. The petition will be held
next Friday.
The petition of Hans Herlick for a
writ of mandamus against the board
of supervisors of this county. di-
recting the board to permit the sher-
if to issue a saloon license. 1t is
this case that is expected to furnish
the test OF the six mile limit law.
The hearing has been set for next
Saturday.
The case of Ed Fondren who APP
pealed a judgment of the court for
Pinal county finding him guilty of
participating in the murder of A. j.
Daggs was continued for the term.
The appeal of Frank Shindelbower
from a judgment of the court of this
county sentencing him to an indefin-
lite term In the territorial prison for
perjury was dismissed on the motion
of the appellant. who is now a free
man. having been pardoned.
TIL following cases were set for
trail: The Bank of Arizona. appel
liant. against the Thos. w. Haverty
company. appellee, from this county,
January 70
Anna NJ. MCord. appellant. against
Mary E. M'Cord, appellee. this coun-
ty. January IL.
Belle ]. Barnes, appellant. against
l. c. Shattuck, appellee. L. ]. Alex
ander and Mrs. Webster Street. in
tervenors. this coming January Is.
A. A. Human was admitted to