Arizona republican., 1912-12-20
THE ACTUAL BEGINNING
 OF TIE ALEXANDER CASE
The Examination of the First Witness
 DiscIoses Ringing Point.

The actual trial of J. B. Alexander, former Indian agent at Sacaton, charged with defrauding the govern ment was begun yesterday morning, the previous afternoon having been de- voted to the impanelling of a jury. Two witnesses were heard during the day and the examination of a third was begun by the government. There are siXty-two to be examined so that the trial promises to drag slowly over long period
 The defendant is represented by Captain J. L. B. Alexander and Judge Baker United States District AttOr- ney Morrison and Assistants Forrest and Richey are for the government. The court room was crowded at the opening of the case, most of the at tendantS being Indians formerly under the charge of the defendant at Saca- ton.
 Very early in the proceedings a del icate point was reached on which the whole case seemed to hang. In the course of the examination of Charles 1 Whitman an Indian a check for $50 in payment for ten cords of wood was
 
 been drawn upon the subtreasury by the defendant in favor of Whitman | and was endorsed by him and also by the defendant who had cashed it. The defense advanced the theory | that if anybody had been defrauded it was not the government. which could l not be held further liable in this trans ! action. The defense denied that there | had been any fraud against anybody l but that if the Indian had received nc money from the defendant in this | transaction he and the witness stood in the relation of debtor and creditor. The government advanced the theory that no wood had been delivered by | the Indian, that the check had never ! been in his possession but that he was made the means of defrauding the gov l ernment Judge Sloan stated that there was no allegation of that sort in the indictment and that it could not be cad into the indictment now. Wheth- CT the issuing of the check could be regarded as a payment Judge Sloan said that was the question conStitut ing the essence of the case and he was not ready to decide upon that point. He directed a further investigation of the circumstances.
 The jury was excused and in its ab sence. Captain Alexander made a statement. He said that Whitman had furnished the wood at time when there were no funds to the credit of the agency. He insisted on payment and when he called at the agency, the check which had been made out was cashed by Solon Jones an employe.
 On the return of the jury. the eX- animation of Whitman was resumed. He said that he called at the agency and went to the office of the defendant where he was shown the check lying face down on table. He was directed to write his name on the back after which Jones took it and gave him $13.
 Another witness who had endorsed q check with his thumb mark said on direct examination that at the time, the government owed him nothing. The defense will contend that the In dian did not understand and the ques- tion that brought out this answer and that what the Indian mean. was that having been previously paid. the gov ernment dld not owe him anything at the time of his endorsement of the check This contention will be made in all similar cases.