The copper era., 1911-02-03
SUSPECTED ROBBERS
 ARE TURNED LOOSE
No Evidence Adduced To Hold Davis and Burke For RObbing
 Guthrie Store.

| JdCk DaVlS, a rancher below Guth rie; J. w. Burke, a man who lives or Davis ranch and a Mexican named Garcia, appeared in the Justice Court of B. K. Williams, at lMorenci on Monday for the purpose of pre- liminarY examination on a charge ot robbery, alleged in the complaint to have been committed at Guthrie on the evening of December 18th.
 The complaint was sworn to by Holl-d Bass, an officer of Morenci, but it is said the complaint was issu ed at the instance of Attorney Wall, who represented J. c. Day, whose store was robbed on that occasion.
 At great expense to the county witnesses were subpoaned from various parts of Greenlee and Gra- ham counties and at the conclusion of the hearing the three defendants were discharged for lack of evidence. With the discharge of the three sus- poets this makes 5.he fourth arrest that has been made as a result of that robbery and in each instance the defendants in custody have been promptly discharged, upon the mo- tion of the district attorney, for lack of evidence.
 At the hearing at Morenci on Mon- day, J. c. Day was the first witness for the prosecution. He testified that he was held up in his store at Guthrie on the night of December Is; that he was robbed of more than a hundred dollars but positively re- fused to state the exact amount; that after the robbery the robber march ed him to the north side of the rail- road bridge and then disappeared. MT. Day was unable to identify any of the parties under arrest as the robber.
 Jack Nelson, a railroad engineer, testified that he carried a apackage of money to Day on December 1lth or 12th but did not know how much the package contained.
 Mrs. Burke testified that she has
  she saw Davis at their house on Dec. 10th. She admitted that when she heard of the hold up she made the re- mark: Could it be possible that MT. Davis was in the hold up?''
 Holland Bass testified that Davis had remarked to him some time in July that it was a wonder that Days store was not robbed as the old man kept considerable money on hand.
 With the evidence of the witnesses before the court the prosecution rest ed.
 For the defense Jack Davis made a statement describing his whereabouts between Dec. 10 and until the time he was placed under arrest in Graham county. His statements were corroborated by George Evans, Doc Wilkins, Mrs. Wilkins, a baker nomed Shredder and another baker named Martinez. It vas proven that Davis was at the home of Geo. Evans on the night of the 12th and was at the Shredder bakery in Stafford on night of Dec. 18th, the night of the alleged hold up.
 The defendant Davis was represent ed by the firm of Mcfarland & Hamp- tun. The interests of J. E. Burke was looked after by Attorney Frank B. Laine.
 Upon his return to Clifton District Attorney Horton expressed himself vigorously against the prac tice of Justices issuing warrants on evi- dence which does not tend to justify holding a man to the grand Jury. MT. Horton stated that Justices of the Peace, when in doubt, should consult the district attorney. This week a letter was sent out to all Justices of the Peace in Greenlee county, stating that in the future, where warrants were issued upon in sufficient evidence, that the fee in cured by such officers would be rec commended for disallOwance by the Board of Supervisors.